Design Services for Strabane Public Realm - SCM ID: 082/13/SEC

Description

The Strabane Public Realm project is for the implementation of a high public realm within the Strabane Town Centre. Derry City and Strabane District Council is the Contracting Authority. The appointed Consultancy Team is required to: i. Prepare a comprehensive and detailed public realm strategy and outline proposals to concept design (RIBA Stage C), for Strabane Town Centre and the town's main entry points reflecting the ambition to build on what has already been achieved. The scheme should reflect the aspiration to achieve a stylish, unique and contemporary design which complements the town and its established status as the market town of the District. ii. Prepare an Economic Appraisal in accordance with the Northern Ireland Guide to Expenditure and Evaluation (NIGEAE) for the development of a public realm scheme for Strabane Town Centre, including the town's main entry points, in sufficient detail to support potential funding bids to various sources, including the Department for Social Development, Department for Regional Development, and Strabane District Council and/or its post RPA successor. iii. Undertake the detailed design (RIBA Stage D); submit the planning application for the public realm scheme for Strabane Town Centre and the town's main entry points, and obtain the appropriate consents iv. Undertake the Technical Design (RIBA Stage E) and outline the phasing of the scheme. v. Produce full design production information (RIBA stage F) vi. Work with Strabane District Council and its funders to procure the Integrated Supply Team (IST); vii. Appointment of the Integrated Supply Team. viii. Undertake the management and delivery of the approved public realm scheme for Strabanes Town Centre and main entry points in one or more phases. Lot 1: The Strabane Public Realm project is for the implementation of a high public realm within the Strabane Town Centre. Derry City and Strabane District Council is the Contracting Authority. In November 2013, RPS were awarded the contract to deliver and manage the Strabane Public Realm contract from Department of Finance's (CPD) Pan Government Collaborative Framework Agreement for Integrated Consultant Teams Contract. The contract value of this commission was £139,405.00 for provision of consultancy led professional services. It was anticipated at the time of tender works would be completed in March 2016. In 2019 the project was put on hold following the completion of RIBA Stage D, as it was awaiting funding. At that time, the ICT had completed RIBA Stages A-D. The project was on hold from 2019 until September 2024. Funding is now in place for the completion of the project. The original project completion was due in 2016. Currently it is anticipated that the completion will be in 2027. Derry City and Strabane District Council, the Contracting Authority, intends that the Integrated Consultant Team appointed by Strabane District Council in 2013, complete the commission for which they were appointed. There have been a number of consequences as a result of the prolonged stand still of the project. During this time, the statutory approvals for the project have lapsed such as the planning approval needing to be resubmitted for renewal, and other changes have occurred that could not have been reasonably been foreseen, that have impacted the project. Additionally, the project has been adversely affected by the high rates of inflation during recent years. Neither the high rates of inflation nor the protracted period of standstill of the project could have been reasonably foreseen by the appointed consultant at the time of tendering for the project in 2013. Derry City and Strabane District Council, the Contracting Authority, is minded to amend the contract with RPS, by utilising the X1 clause which is currently in the Contract Data Part 1 of the commission to address the inflationary impact on fees for the remainder of the contract. The scope of the project has not materially changed. The original appointment was made using a NEC3 Option A Professional Services Contract included an X1 Clause (Price Adjustment for inflation clause), however this had not been applied to any of the rates or activities within the contract to date. At the time of appointment of RPS, it was anticipated that the project would be complete by 2016. The anticipated completion date is now currently 2027, some nine years later. During this time there have been unprecedented inflationary rises. In order to mitigate this significant increase, it seems reasonable to apply the X1 clause going forward for the remainder of the project. The Contracting Authority is minded that the proposed change to the contract is in accordance with regulation 72 of the Public Procurement Regulations Contracts. In this,it states that: 'Contracts may be modified without a new procurement procedure where the modifications , irrespective of their value , are not substantial in that (a) the modifications do not render the contract materially different from the one initially concluded, (b) the modification does not introduce conditions which had they been part of the initial procurement procedure , would have - (i) allowed for the admission of other candidates than those initially selected, (ii)allowed for the acceptance of a tender other than that originally accepted, or (iii)attracted additional participants in the procurement procedure;' Contracts and framework agreements may be modified without a new procurement procedure in accordance with this Part in any of the following cases:- (c)where all of the following conditions are fulfilled:- (i)the need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen; (ii)the modification does not alter the overall nature of the contract; (iii)any increase in price does not exceed 50% of the value of the original contract or framework agreement. The Contracting Authority is of the opinion as the X1 clause has been included in the original tender, the tender selection would have remained unchanged. It would not have attracted additional participants to the tender process, especially as the appointment was from a framework, nor would it have changed the candidates selected, nor the outcome of the tender selection. Under the terms of the Public Procurement Regulations 72, a Voluntary Ex- Ante Transparency EAT notice is required to cover a variation to the contract between Derry City and Strabane District Council, the Contracting Authority and the Integrated Consultant Team led by RPS for the Strabane Public Realm Project. Derry City and Strabane District Council, the Contracting Authority is therefore publishing this Voluntary Ex Ante Transparency Notice to cover a variation to the contract and for additional tasks to be carried out necessary as a result of changes in legislation, lapses in statutory approvals. It should be noted that the scope of the original commission is not deemed to have changed.