dpr1588 street trees in chipping barnet

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    DELEGATED POWERS REPORT NO.

    SUBJECT: Outer London Fund Round 1 Chipping Barnet Acceptance of quotationfor the installation of trees in Chipping Barnet Town Centre

    1588

    Control sheet

    All of the following actions MUST be completed at each stage of the process andthe signed and dated report MUST be passed to the Governance Service forpublishing

    All reports

    Name of GSO Andrew Charlwood1. Governance Service receive draft report

    Date 14/02/12

    Name of GSO Andrew Charlwood2. Governance Service cleared draft report asbeing constitutionally appropriate

    Date 24/02/12

    Name of Fin. officer Alex Altman3. Finance clearance obtained (report author to

    complete)Date 14/02/12

    Name of Res. officer John ODor4. Staff and other resources issues clearanceobtained (report author to complete)

    Date 14/02/12

    Name of TU rep. N/A5. Trade Union response received (Staffingissues only) Date

    Name of Legal officer Sheila Saunders6. Legal clearance obtained from (report author tocomplete)

    Date 25th

    February 2012

    Name of P&P officer Andrew Nathan7. Policy & Partnerships clearance obtained

    (report author to complete)Date 14/02/12

    Name of officer Andrew Nathan8. Equalities & Diversity clearance obtained(report author to complete)

    Date 14/02/12

    Name Pam Wharfe9. The above process has been checked andverified by Director, Head of Service or Deputy

    Date 12/03/12

    Name of GSO Andrew Charlwood10. Signed & dated report, scanned or hard copyreceived by Governance Service for publishing

    Date 12/03/12

    Name of GSO Andrew Charlwood11. Report published by Governance Service to

    website Date 15/03/12

    Name of GSO Andrew Charlwood12. Head of Service informed report is published

    Date 15/03/12

    Key decisions only:

    13. Expiry of call-in period Date N/A

    Name of GSO14. Report circulated for call-in purposes toBusiness Management OSC members &copied to Cabinet Members & Head of Service

    Date

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    ACTION TAKEN UNDER DELEGATED POWERS BY OFFICER(EXECUTIVE FUNCTION)

    Subject Outer London Fund Round 1Chipping Barnet Appointment ofpreferred contractor for theinstallation of trees in ChippingBarnet

    Officer taking decision Interim Director of Environment,Planning and Regeneration

    Date of decision 12 March 2012

    Summary This report seeks approval to accept the quotationfrom Street Tree Care Ltd for the installation of trees inChipping Barnet Town Centre

    Officer Contributors Caroline Bragg, Project Officer; Andy Tipping,

    Principal Arboricultural Officer

    Status (public or exempt) Public (with separate exempt report)

    Wards affected High Barnet and Underhill

    Enclosures None

    Reason for exemption from call-in (if appropriate)

    Not applicable

    Key decision No

    Contact for further information: Caroline Bragg, Project Officer, 020 8359 7091 [email protected]

    Serial No. 1588

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    1. RELEVANT PREVIOUS DECISIONS

    1.1 Delegated Powers Report No. 1443, 23 September 2011 the Interim Director ofEnvironment, Planning and Regeneration authorised the Council to enter into anagreement with the Greater London Authority that provided a grant of 416,685 tofund a range of physical improvements and capability building initiatives for local

    traders, aimed at supporting the local economy of Chipping Barnet Town Centre.

    2. CORPORATE PRIORITIES AND POLICY CONSIDERATIONS

    2.1 This proposal has the potential to enhance the Corporate Plan 2011-13 priority ofmaintaining and enhancing Barnets status as a successful London suburb, byboosting the appearance of Chipping Barnet Town Centre and helping to supportthe areas economy. The greening of the town centre will provide a permanentimprovement to the Town Centre that will both benefit residents and enhance thearea as a vibrant place where businesses can thrive.

    2.2 The Corporate plan 2011-13 priority of sharing opportunities, sharingresponsibilities; the improvement proposals were developed in partnership with anumber of local organisations and stakeholders. These local stakeholders willcontinue to play a major role in the successful delivery of the public realmimprovements, of which the installation of trees is one part, by contributing time andsharing in the responsibility for the monitoring of all actions.

    3. RISK MANAGEMENT ISSUES

    3.1 If a contractor is not appointed, there is a risk that Barnet Council will fail to complywith its legal agreement with the Greater London Authority with respect to the useof Outer London Fund monies to green the town centre. Failure to comply willentitle the Greater London Authority to reclaim some or all of the Outer LondonFund monies awarded to the Council for the Chipping Barnet project. Reduction orwithdrawal of this funding would result in the Council being unable to deliver theanticipated improvements.

    3.2 The Council will be required to take on a level of financial risk by appointing acontractor to deliver the works proposed. The Council will be obliged to fund thecosts of delivering the project objectives in the first instance, prior to being

    reimbursed by the GLA by the end of the 2011/12 financial year. The Council willrequest reimbursement from the GLA of the costs incurred by issuing quarterlyinvoices (in December 2011 and March 2012). The funding agreement states thatin the case of the GLA terminating the contract, the Council will be eligible to bereimbursed all costs incurred prior to the date of termination.

    4. EQUALITIES AND DIVERSITY ISSUES

    4.1 Under the Equality Act 2010, the council and all other organisations exercising

    public functions on its behalf must have due regard to the need to: a) eliminatediscrimination, harassment, victimisation and any other conduct that is prohibited byor under the Act; b) advance equality of opportunity between those with a protected

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    characteristic and those without; c) promote good relations between those with aprotected characteristic and those without. The protected characteristics referredto are: age;disability;gender reassignment; pregnancy and maternity; race;religion or belief; sex; sexual orientation. It also covers marriage and civilpartnership with regard to eliminating discrimination.

    4.2 Barnet benefits from a diverse population and the proposed public realmimprovements were developed in partnership with a number of local businessorganisations and community groups.

    4.3 The installation of trees to be delivered through this contract supports Barnetsaspiration to create the right environment for vibrant and viable town centres in theborough. The proposal aims to enhance the town centre in order to support thelocal economy, the benefits of which can be shared by all those who live and workin the area and who use Chipping Barnet Town Centre.

    4.4 In identifying the proposed locations for trees along the High Street, Wood Street

    and St Albans Junction, due regard has been given to ensuring the footwaysremain fully accessible.

    4.5 The tender process, by which grant monies will be allocated, has been fair andtransparent, with the Council ensuring full accessibility for, relevant, parties.

    5. USE OF RESOURCES IMPLICATIONS (Finance, Procurement, Performance &Value for Money, Staffing, IT, Property, Sustainability)

    5.1 The contract cost is being funded from the Outer London Fund Round 1 capitalgrant of 298,685 received from the Greater London Authority. This contract awardrelates to tree installation services. The preparatory tree pit excavation works arebeing carried out by our term contractor, funded through LIP monies allocated byTransport for London to Chipping Barnet Town Centre.

    5.2 In the first place, the contracts expenditure will be borne by the London Borough ofBarnet as the Council is required to fund delivery of the project in advance ofreclaiming costs from the GLA, as detailed in paragraph 3.2. However, it isconsidered that these risks can be managed and provided that grant claims fromthe GLA are submitted no later than 30th April 2012 there will be no budget

    implications in 2011/12.

    5.3 The execution and administration of the contract entails the allocation of officerresource. This will be met through the project team involved in the Outer LondonFund Chipping Barnet project and funded through the Outer London Fundallocation and officers from Legal Services and the Strategic Procurement Team.

    5.4 Two contractors were invited to submit competitive quotations for the works. Thequotes were sought in line with the councils Contract Procedure Rules. The awardcriteria considered best value. The quotes are listed below:

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    Supplier Quote

    Street Tree Care Ltd 30,669.00Contractor B 45,896.50

    5.5 As a result of the evaluation Street Tree Care Ltd have been chosen as the

    recommended contractor.

    5.6 The installation of trees may entail a slight increase in the maintenance burden.This is being actively managed by consulting with Highways Maintenance andGreen Spaces to ensure appropriate maintenance can be sustained.

    5.7 There are no specific implications with regards to IT management beyond thededication of officer and other Council resources to the delivery of the project.

    6. LEGAL ISSUES

    6.1 The Funding Agreement between the Greater London Authority and the LondonBorough of Barnet (the Funding Agreement) will expire on 31st March 2012.

    6.2. The Funding Agreement provides, amongst other things, that all procurement ofworks, equipment, goods and services, by the Council, shall be based on value formoney and suitable skills and experience. In addition, the Council is obliged toprocure any such works, equipment, goods and services using a fair andtransparent documented decision-making process, taking account of public sectoraccountability and probity. Where the value of the works, equipment, goods, orservices to be procured exceeds 125,000, there must be an advertisedcompetitive tender exercise (in accordance with the Public Contracts Regulations2006 where the thresholds therein are met). Finally, the works, equipment, goodsor services must be procured by the council in accordance with government bestpractice relating to procurement practices and procedures.

    6.3 The value of the, proposed, contract for the installation of trees is below the,relevant, EU threshold and, consequently, the European procurement rules are nottriggered.

    6.4 Carrying out the mini competition has ensured compliance with: (i) the provisions of

    the Funding Agreement; (ii) the Treaty requirements of fairness, transparency andnon-discrimination; and (iii) the Councils Contract Procedure Rules.

    6.5 In accordance with the Contract Procedure Rules there will be a need to enter intowritten contracts with the successful tenderer.

    7. CONSTITUTIONAL POWERS

    7.1 Council Constitution, Part 3, Responsibility for Functions - paragraph 6.1 states thatChief Officers can take decisions without consultation with the Cabinet Member

    concerned where it is a decision authorised to be taken by the Chief Officer underthe Contract Procedure Rules or it involves the implementation of a earlier decisionof the council.

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    7.2 Council Constitution, Contract Procedure Rules Table 5-1 provides thatDirectors/Head of Service can authorise (based on the estimated contract value)works up to the value of 156,422.

    8. BACKGROUND INFORMATION

    8.1 The Outer London Fund is a 50m fund identified by the Mayor of London forrejuvenating town centres in those Outer London boroughs which are not benefitingdirectly from projects such as Crossrail and the 2012 Games. The first round (oftwo) invited boroughs to bid for a share of 10 million of funding for town centreimprovements, with the aim of making a real and visible difference to town centresbefore March 31st 2011. It is a requirement of the grant agreement that all fundingis spent in the 2011/12 financial year.

    8.2 For the first round, Barnet Council was successfully awarded 416,685 to fund arange of physical and capacity building initiatives in Chipping Barnet Town Centre.

    One of these initiatives is improvements to the public realm of Chipping Barnet highstreet.

    8.3 Barnet Council has established a Public Realm Steering Group which includesmembership from local resident groups, principally the High Barnet Town Team andrepresentative officers from a number of services within the Directorate ofEnvironment, Planning and Regeneration. The 19th of January Steering Groupagreed the appointment of a contractor to install the trees and also agreed theirproposed locations.

    8.5 The High Barnet Town Team has been active in consulting with all businesses andresidents adjacent or near to the proposed locations for trees. Further to this,

    Barnet Police Station, outside of which there will be the placement of several treesand further street furniture, has been consulted as to the planned installationsverbally and in writing.

    8.6 The London Borough of Barnets Term Contractor will be used to excavate the 26possible locations that were identified through CAT scans and on site visits. If theexcavations are viable, they will create a tree pit and temporarily cover the siteready for its installation by the preferred contractor. If they are not viable, theexcavation will be filled in again and the footway repaired.

    9. LIST OF BACKGROUND PAPERS

    9.1 Any person wishing to inspect the Grant Agreement that precedes this contract orthe contract itself should contact Caroline Bragg by telephone (020 8359 7091) orby email [email protected]. The Delegated Powers Report to authoriseappointment of a contractor will be available through the Barnet Council website.

    mailto:[email protected]:[email protected]
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    10. OFFICERS DECISION

    I authorise the following action:

    10.1 That, subject to the completion of all necessary legal and otherdocumentation, the quotation in the sum of 30,669.00 (plus VAT) from Street

    Tree Care Ltd for the installation of trees in Chipping Barnet be accepted.

    Signed Pam WharfeInterim Director of Environment, Planning andRegeneration

    Date 12 March 2012