Purpose

On 6 October 2023 Cabinet considered a report titled ‘Levelling Up Fund and Capital Regeneration Projects - Progressing the Projects to Planning Permission’. As part of that report, Cabinet delegated authority to the Corporate Director Place and Economy in consultation with the Portfolio Holder for Economic Growth, Regeneration and Tourism to procure appropriate resources and commission a project team to carry out the associated work including for the design briefs.
Further to the above and the decision to award the contract published on 27/03/2024, the appointed consultant has continually failed to perform to the required standard despite attempts by officers to rectify the situation. Formal warnings have been issued to the consultant with the consultation of the Council's Director of Governance and Monitoring Officer, and Section 151 Officer, however no improvement has been made by the consultant in the performance of the contract.
The Employer’s Agent and Quantity Surveyor appointment constitute a crucial element of the consultant team and important to ensure robust project management and cost control.

Decision

To ratify exercising the relevant contract clauses to terminate the existing appointment, and enter into a new contract with Baily Garner LLP (company registration number OC305198) for the provision of Employers Agent and Quantity Surveyor services for the Carnarvon Terrace project which is being delivered as part of the wider Clacton Civic Quarter Levelling Up Fund scheme, and for the Homes in Dovercourt project, which is being delivered as part of the Dovercourt Town Centre Improvement Corridor scheme.
The services have a total cost of £123,550.00 (Carnarvon Terrace) and £44,900.00 (Homes in Dovercourt) plus VAT

Alternative options considered

Option 1 - Not to terminate the existing appointment: due to non-performance and lack of action in response to attempts by officers to rectify the situation with the consultant, officers do not have the confidence that the consultants originally appointed are capable of delivering the services as required which will be increasingly crucial as the projects approach construction.
Option 2 - To continue to seek improvement from the existing consultant prior to termination: This approach is not deemed appropriate given the period that has already elapsed with no improvement forthcoming. The consultant non-performance is now posing a risk to the wider programme due to non-completion of key deliverables, which could expose the Council to unnecessary risk if allowed to continue.
Option 3 - Not appointing a consultant: Taking this approach would expose the Council to excessive risk including that the works did not progress.