DELEGATED POWERS REPORT NO.

1528

SUBJECT: Authorisation to appoint Taylor Made Ltd to supply cast iron seating as part of the Dollis Valley Greenwalk Help a London Park project Control sheet All of the following actions MUST be completed at each stage of the process and the signed and dated report MUST be passed to the Governance Service for publishing
All reports 1. Governance Service receive draft report Name of GSO Date 2. Governance Service cleared draft report as being constitutionally appropriate 3. Finance clearance obtained (report author to complete) 4. Staff and other resources issues clearance obtained (report author to complete) 5. Trade Union response received (Staffing issues only) 6. Legal clearance obtained from (report author to complete) 7. Policy & Partnerships clearance obtained (report author to complete) 8. Equalities & Diversity clearance obtained (report author to complete) 9. The above process has been checked and verified by Director, Head of Service or Deputy 10. Signed & dated report, scanned or hard copy received by Governance Service for publishing 11. Report published by Governance Service to website 12. Head of Service informed report is published Name of GSO Date Name of Fin. officer Date Name of Res. officer Date Name of TU rep. Date Name of Legal officer Date Name of P&P officer Date Name of officer Date Name Date Name of GSO Date Name of GSO Date Name of GSO Date Key decisions only: 13. Expiry of call-in period 14. Report circulated for call-in purposes to Business Management OSC members & copied to Cabinet Members & Head of Service Date Name of GSO Date Not applicable Sheila Saunders 9/01/2012 Andrew Nathan 20/12/2011 Andrew Nathan 20/12/2011 Pam Wharfe 10/01/2012 Chidilim Agada 10/01/12 Chidilim Agada 11/01/12 Chidilim Agada 11/01/12 Not applicable Andrew Charlwood 19/12/2011 Andrew Charlwood 20/12/2011 Jayne Fitzgerald 20/12/2011 Not applicable

ACTION TAKEN UNDER DELEGATED POWERS BY OFFICER (EXECUTIVE FUNCTION)

Subject

Officer taking decision Date of decision

Summary

Authorisation to appoint Taylor Made Ltd to supply cast iron seating as part of the Dollis Valley Greenwalk Help a London Park project Interim Director for Environment, Planning & Regeneration 10 January 2012
This report seeks approval to appoint Taylor Made Castings Ltd, on the basis of the Single Supplier provisions of the Contract Procedure Rules, to manufacture and supply specialist cast iron seating as part of the Dollis Valley Greenwalk Help a London Park project and as part of the Chipping Barnet Town Centre Outer London Fund project. . Jenny Warren, Greenspaces Service Manager Robert Wiltshire Parks and Open Spaces Officer Karen Reid, DVG Project Manager

Officer Contributors

Status (public or exempt) Wards affected Enclosures Reason for exemption from callin (if appropriate)

Public Totteridge, West Finchley, Finchley Church End, None N/A

Contact for further information: Robert Wiltshire, Parks and Open Spaces, Environment, Planning & Regeneration. Tel: 020 8359 7825, Email: rob.wiltshire@barnet.gov.uk Serial No. 1528

1. 1.1

RELEVANT PREVIOUS DECISIONS Delegated Powers Report 1258, 14th February 2011 approved that funding be accepted from the Greater London Authority for the Dollis Valley Greenwalk as follows: To accept grant funding of 400,000; 91,200 in 2010/11 and 308,800 in 2011/12 from the Mayor of Londons Help a London Park fund for the following project: Improvements to the Dollis Valley Greenwalk and that Officers implement the project as set out in the agreement. CORPORATE PRIORITIES AND POLICY CONSIDERATIONS The Corporate Plan for 2011-13 specifies the implementation of improvements within the Dollis Valley Greenwalk project as a key project within the strategic objective to protect and enhance our natural and built environment to ensure that the borough is clean and green within the overarching corporate priority to ensure Barnet is a successful London suburb. The Corporate Plan lists the completion of improvements in line with the project plan as key to the delivery of the Dollis Valley Greenwalk project; the provision of new seating is a specific objective within the project plan.

2. 2.1

3. 3.1

RISK MANAGEMENT ISSUES As part of a previous Premier Parks Strategy implemented in 2004, Taylor Made Castings Ltd were commissioned to manufacture two versions of cast iron seats incorporating the Barnet crest, one also included lion head arm rests based on the original 1930s lion head benches from Hendon District Council that were present in a number of parks. The casting moulds required investment and development at the time to produce this very specific style of bench. These casting moulds are not available from any other manufacturer as they are specific to Barnet and to seek an alternative provider would require a fee for the production of casting moulds which would cause a delay beyond the project end date due to the additional processes of designing and manufacturing the castings. As part of the Dollis Valley Greenwalk project the provision of new seating to improve facilities along the walk in providing opportunities for users to rest and to enjoy the chain of open spaces is part of one of six key work strands identified to improve the walk and deliver the objective of improving facilities and infrastructure; failure to deliver this element of work would compromise the objective, reduce the success of the wider project and reduce or even undermine the funding of the project. Section eight of the GLA Funding Agreement expressly states where the recipient is letting a contract in connection with the project and if the contract is to be funded in whole or pat by the GLA funding, it shall do so wherever possible through competitive tendering procedures. The contract should be awarded to the tender that is the most economically advantageous, which may not necessarily be the lowest tender. Single tender action may be justified in certain circumstances, for example, where there is a sole supplier with a unique service or product. Where single tender is used, the recipient must keep a formal record of its justification and that it has been properly authorised. Under this criterion the selection would be

3.2

3.3

appropriate as the contractor provides bespoke designed seating not currently available from alternative suppliers. 3.4 I have considered whether the issues involved are likely to raise significant levels of public concern or give rise to policy considerations. They do not.

4. 4.1

EQUALITIES AND DIVERSITY ISSUES One of three objectives of the project is to improve facilities and infrastructure throughout the walk for all users. The improvements by way of replacement and refurbishment of seating and litter bins, and the provision of new play areas contribute to delivering this objective. Enhancing the current inadequate provision of seating by replacing missing and damaged seats will allow and encourage users of varying levels of ability to use the walk and benefit from its amenities. The approach and consistency of new seating will contribute to providing the walk with an identity whilst also maintaining it well, and providing a safer feel to its users. USE OF RESOURCES IMPLICATIONS (Finance, Procurement, Performance & Value for Money, Staffing, IT, Property, Sustainability) The total estimated value for the manufacture and supply of new seating to be installed as part of the Dollis Valley Greenwalk project is set out below;. 9 no. cast iron Lionhead seats @ 750 12 no. cast iron crest seats (RN6) @ 550 Delivery Total estimated cost 6,750 6,600 800 14,200

4.2

5.

5.1

The total value of goods to be provided by Taylor Made Castings Ltd is 14,200. 5.2 There is an allocation of 5,000 from the 400,000 Priority Parks grant and a London Borough of Barnet revenue contribution to the project of 12,600 for provision of new seating, as set out in the approved Funding Agreement. The remaining balance is required for the cost of installation. A comparative price for a similar style cast iron seat (RN6) without the crest has been obtained and was 605 per unit, confirming that the cost is favourable in addition to the fact that this organisation is the only one which can supply this very specific product The high profile nature of the Dollis Valley Greenwalk project requires that a firstrate outcome is achieved. Any deviation from the bespoke style and quality of seating available from Taylor Made Ltd would result in the provision of inconsistent seating along the walk, loss of identity, quality and longevity of the product, and qualitative conclusion.

5.3

5.4

6. 6.1

LEGAL ISSUES Contract Procedure Rule 6.11 Provides that: Where the Director/Head of Service is satisfied, following the making of suitable investigations, that there is only one supplier in the market for the required supplies/services/works, the competitive tendering provisions will not apply provided that: 6.11.1 the Director/Head of Service and Commercial Director approve the entry into the contract with the single provider; and 6.11.2 there is compliance with the Authorisation and Acceptance procedures.

6.2

For the reasons set out within this report, it is considered that this criteria is met and entry into the contract with Taylor Made castings Ltd is approved by the Director and Commercial Director. With respect to Authorisation and Acceptance, as the contract value is below, 24,999 the Director/Head of Service may Authorise the contract and may Accept the tender/quotation where it is the lowest or where it represents value for money and is the best available option for the Council. CONSTITUTIONAL POWERS Constitution Part 3 Responsibility for Functions, Section 6, Item 6.1. Chief Officers (i.e. the Chief Executive, Directors and Heads of Service as listed in Article 12) can take decisions without consultation with the Cabinet Member concerned where it is a decision authorised to be taken by the Chief Officer under the Contract Procedure Rules. Contract Procedure Rules Single Source Suppliers. Section 6.11 states that where the Director/Head of Service is satisfied, following the making of suitable investigations that there is only one supplier in the market for the required supplies/services/works, the competitive tendering provisions will not apply provided that: 6.11.1 The Director/Head of Service and Commercial Director approve the entry into the contract with the single provider; and 6.11.2 There is compliance with the Authorisation and Acceptance procedures.

7. 7.1

7.2

7.3

The value of works (14,200) is within the acceptance thresholds for Director/Head of Service as detailed at Table 5-1 of the Contract Procedure Rules. BACKGROUND INFORMATION Dollis Valley Greenwalk starts at Moat Mount open space and stretches along the Dollis Valley from the streams source in Chipping Barnet to the confluence with the Mutton Brook, continuing beyond this point to Hampstead Heath Extension. New seating as part of this project will enhance provision along the length of the walk from Totteridge Lane to Brent Park. The Dollis Valley Greenwalk project is entering in to the final stage of delivery. The final work strands include the replacement and refurbishment of furniture throughout the walk and Brent Park. Lion head benches have been identified for Riverside Walk and Brent Park to replace and replenish the existing lion head

8. 8.1

8.2

bench stock, infilling and/or replacing with an alternative style of bench would spoil the look and feel of the sites. In Windsor open space and Whetstone Strays the existing provision is mixed and in a poor state of repair, and requires complete replacement; the RN6 cast iron crest bench has been identified as a suitable replacement due to its presence in other locations of the walk, the quality and style of the product, as well as its durability. 8.3 Authority to use Taylor Made Castings Ltd will: i. ii iii. iv. Ensure this element of the project is delivered as per the project timescales. Limit the risk of loss of the funding due to non delivery. Enable adequate time to be allowed for manufacture and delivery of the bespoke seating. Replace and replenish seating with the same product already present in the walk and Brent Park.

8.4

Ordinarily the details above would form a reasonable method of selection and this element of work could be progressed independently, in accordance with the Contract Procedure Rules. However, the cumulative spend with this supplier since April 2010 will now reach 39,200 with the addition of the spend of 14,200 for this project. This therefore requires that authority is sought to use Taylor Made Castings Ltd as a single source supplier and that a short term contract be entered into and recorded on the contracts register. LIST OF BACKGROUND PAPERS Delegated Powers Report 1258 Greater London Authority fund acceptance of grant for Dollis Valley Greenwalk dated 14th February 2011. OFFICERS DECISION I have consulted with the Commercial Director as the market has identified a single supplier for this requirement and to seek concurrence for the use of Taylor Made Castings Ltd as a single supplier in this delivery and authorise the following action:

8.5

9. 9.1

10.

10.1

That authority is given for Taylor Made Casting Ltd to manufacture and supply specialist cast iron seating for provision along the Dollis Valley Greenwalk and Brent Park, and to award a contract to Taylor Made Casting Ltd for the manufacture and supply of specialist cast iron seating as part of the Dollis Valley Greenwalk project.

Signed By:

Pam Wharfe Interim Director for Environment , Planning & Regeneration

Date

10 January 2012