Contract

Design and Build of Abbey Fields Swimming Pool

  • Warwick District Council

F20: Modification notice

Notice identifier: 2024/S 000-015323

Procurement identifier (OCID): ocds-h6vhtk-0373dc

Published 14 May 2024, 3:09pm



Section one: Contracting authority/entity

one.1) Name and addresses

Warwick District Council

Riverside House,Milverton Hill

LEAMINGTON SPA

CV325HZ

Contact

Rebecca Reading

Email

rebecca.reading@warwickdc.gov.uk

Telephone

+44 1926456232

Country

United Kingdom

Region code

UKG13 - Warwickshire

Justification for not providing organisation identifier

Not on any register

Internet address(es)

Main address

www.warwickdc.gov.uk

Buyer's address

www.csw-jets.co.uk


Section two: Object

two.1) Scope of the procurement

two.1.1) Title

Design and Build of Abbey Fields Swimming Pool

Reference number

CS103MC0522

two.1.2) Main CPV code

  • 45210000 - Building construction work

two.1.3) Type of contract

Works

two.2) Description

two.2.2) Additional CPV code(s)

  • 45220000 - Engineering works and construction works
  • 45300000 - Building installation work
  • 45400000 - Building completion work

two.2.3) Place of performance

NUTS codes
  • UKG13 - Warwickshire
Main site or place of performance

Kenilworth, Warwickshire

two.2.4) Description of the procurement at the time of conclusion of the contract:

A 2 stage mini competition was undertaken through the NHS Construction framework. A single supplier was selected through stage 1, and we have now awarded to that supplier

following stage 2 of price finalisation.

To facilitate contract management and the staggering of the work across 2 sites, the contract has been split into 2 physical contracts. This notice is the second, and last, of these

contracts for Abbey Fields following it being signed on 6th September 2022.

two.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession

Duration in months

36


Section four. Procedure

four.2) Administrative information

four.2.1) Contract award notice concerning this contract

Notice number: 2022/S 000-028238


Section five. Award of contract/concession

Contract No

CS103MC0522

Title

Design and Build of Abbey Fields Swimming Pool

five.2) Award of contract/concession

five.2.1) Date of conclusion of the contract/concession award decision:

6 September 2022

five.2.2) Information about tenders

The contract/concession has been awarded to a group of economic operators: No

five.2.3) Name and address of the contractor/concessionaire

Kier Construction Ltd

2nd Floor, Optimum House, Clippers Quay, Salford

Manchester

M50 3XP

Country

United Kingdom

NUTS code
  • UKD33 - Manchester
Companies House

02099533

The contractor/concessionaire is an SME

No

five.2.4) Information on value of the contract/lot/concession (at the time of conclusion of the contract;excluding VAT)

Total value of the procurement: £26,846,427.24


Section six. Complementary information

six.4) Procedures for review

six.4.1) Review body

High Court of England and Wales

London

Country

United Kingdom

six.4.3) Review procedure

Precise information on deadline(s) for review procedures

As this procurement was undertaken through a framework, no standstill period was

observed. Suppliers that submitted bids to the mini competition via the framework were

notified of the outcomes and the reasons for the decisions at stage 1 of the 2 stage mini

competition.


Section seven: Modifications to the contract/concession

seven.1) Description of the procurement after the modifications

seven.1.1) Main CPV code

  • 45210000 - Building construction work

seven.1.2) Additional CPV code(s)

  • 45220000 - Engineering works and construction works
  • 45300000 - Building installation work
  • 45400000 - Building completion work

seven.1.3) Place of performance

NUTS code
  • UKG13 - Warwickshire
Main site or place of performance

Kenilworth, Warwickshire

seven.1.4) Description of the procurement:

A 2 stage mini competition was undertaken through the NHS Construction framework. A

single supplier was selected through stage 1, and we have now awarded to that supplier

following stage 2 of price finalisation.

To facilitate contract management and the staggering of the work across 2 sites, the

contract has been split into 2 physical contracts. This notice is the second, and last, of these

contracts for Abbey Fields following it being signed on 6th September 2022.

seven.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession

Duration in months

36

seven.1.6) Information on value of the contract/lot/concession (excluding VAT)

Total value of the contract/lot/concession:

£26,843,427.24

seven.1.7) Name and address of the contractor/concessionaire

Kier Construction Ltd

2nd Floor, Optimum House, Clippers Quay, Salford

Manchester

M50 3XP

Country

United Kingdom

NUTS code
  • UKD33 - Manchester
Companies House

02099533

The contractor/concessionaire is an SME

No

seven.2) Information about modifications

seven.2.1) Description of the modifications

Nature and extent of the modifications (with indication of possible earlier changes to the contract):

Reg 72.1a The original contract provided for certain compensation events which included the event of unforeseen groundworks. The proposed modification is within the contracts original scope and the resulting price change is within allowances.

seven.2.2) Reasons for modification

Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee.

Description of the circumstances which rendered the modification necessary and explanation of the unforeseen nature of these circumstances:

Although the potential for historic remains was identified at the site, the extent of these remains was assumed to be low due to the existing Abbey Fields swimming pool. However, following demolition of the swimming pool and more detailed ground investigations, an extensive amount of historic remains were identified on site. These then had to be carefully excavated and assessed prior to being carefully recovered. This discovery caused massive delays in the start of the project after the main contractor has already begun on site and resulted in compensation events being raised by the contractor to cover the delay.

In addition, the resulting historical remains required a changed in design specification for the ground works needed to support the new building. These design changes resulted in additional costs as well as the appointment of additional specialist sub contractors.

seven.2.3) Increase in price

Updated total contract value before the modifications (taking into account possible earlier contract modifications, price adaptions and average inflation)

Value excluding VAT: £26,843,427.24

Total contract value after the modifications

Value excluding VAT: £39,393,427.24