Section one: Contracting authority
one.1) Name and addresses
Bath and North East Somerset Council
Keynsham Civic Centre, Market Walk
Keynsham
BA31 1FS
Contact
Ms Charlotte Buttery
charlotte_buttery@bathnes.gov.uk
Telephone
+44 1225477355
Country
United Kingdom
Region code
UKK12 - Bath and North East Somerset, North Somerset and South Gloucestershire
Internet address(es)
Main address
Buyer's address
one.2) Information about joint procurement
The contract is awarded by a central purchasing body
one.4) Type of the contracting authority
Regional or local authority
one.5) Main activity
Housing and community amenities
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
VEAT Notice - Bath Western Riverside (BWR)
Reference number
DN728194
two.1.2) Main CPV code
- 45112340 - Soil-decontamination work
two.1.3) Type of contract
Works
two.1.4) Short description
This is not a tender opportunity.
This VEAT is to inform the market of the Council’s intention to enter into a series of contractual arrangements, including a remediation and enabling works agreement (REWA), to support a package of remediation and enabling works at the Bath Western Riverside Phase II site, informally known as the ‘gas lands’ (Site). The works at the Site will be funded by grant monies from the Homes and Communities Agency (Homes England) Housing Infrastructure Fund (HIF). The Council’s long term ambition is the redevelopment of the Site into residential housing.
The Site is part owned by the Council and part owned by a housing developer, St William Homes LLP (part of the Berkeley group). The Council is party to a land swap agreement dated 27 January 2022 (LSA) with Berkeley which enables the parties to swap areas of their individual land holdings, as the current land ownership boundaries of the Site limit opportunities for development for both parties.
Continues II.2.4 below.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £4,869,225
two.2) Description
two.2.2) Additional CPV code(s)
- 45111200 - Site preparation and clearance work
- 45112350 - Reclamation of waste land
- 45112360 - Land rehabilitation work
two.2.3) Place of performance
NUTS codes
- UKK12 - Bath and North East Somerset, North Somerset and South Gloucestershire
two.2.4) Description of the procurement
The LSA once triggered will create two viable development plots. Prior to the triggering of the LSA, the Council and Berkeley propose to complete remediation and enabling works as a single package across the entire Site as part of a joint remediation strategy. The Council’s advisers have recommended this is necessary to prevent the cross-contamination of the Site and will in addition create efficiencies for the Council.
Under the terms of the REWA, Berkeley shall volunteer to act as Site wide contractor for the benefit of both the land Berkeley currently owns, alongside parts of the Council’s current landholding, which Berkeley will ultimately own once the LSA is triggered (noting that Berkeley alone controls the trigger mechanisms for the swap under the LSA and that there are no scenarios whereby the land swap between the Council and Berkeley under the LSA does not take place). In return for granting Berkeley access to the Council’s land, the REWA will include warranties to the Council for the works that shall accrue only if Berkeley completes the remediation works under the REWA, whenever that may be.
two.2.5) Award criteria
Price
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Award of a contract without prior publication of a call for competition in the cases listed below
- The procurement falls outside the scope of application of the regulations
Explanation:
The Council considers that for the purposes of the PCR the REWA and related agreements constitute a land arrangement between the Council and Berkeley. Land arrangements are outside the scope of the Public Contracts Regulations 2015 (as amended) (“PCR”).
There is no positive enforceable obligation for Berkeley to deliver the works under the REWA or any other related agreement. The works to the Council-owned land on the Site are not delivered for the direct economic benefit of the Council but for Berkeley’s own future benefit once it becomes landowner following the land swap under the LSA.
four.1.3) Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
Section five. Award of contract
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
15 July 2024
five.2.2) Information about tenders
Number of tenders received: 1
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor
ST WILLIAM HOMES LLP
Berkeley House, 19 Portsmouth Road, Cobham
Surrey
KT11 1JG
Country
United Kingdom
NUTS code
- UKJ2 - Surrey, East and West Sussex
The contractor is an SME
No
five.2.4) Information on value of contract/lot (excluding VAT)
Total value of the contract/lot: £4,869,225
Section six. Complementary information
six.3) Additional information
The estimated value in V.2.4 and II.1.7 relates to the capital cost of the works to the Council owned land on the Site.
six.4) Procedures for review
six.4.1) Review body
The High Court of Justice
The Royal Court of Justice, The Strand
London
WC24 2LL
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
In accordance with Regulation 88 to Regulation 102 of the PCR 2015 (particularly, Regulations 92, 93, 94 and 99 in relation to deadlines).