Content

To approve entry into a
contract with Alliance Leisure at a value of £481,735for
completion of the RIBA Stage 4 work in relation to the proposed
development of Manor Leisure Centre.
 
Decision:
To enter a contract with
Alliance Leisure to carry out RIBA Stage 4 final pre-construction
works for the Manor Leisure Centre project at a value of
£481,735.

Reasons for the decision

On 24th February
2025, Cabinet considered a Report in relation to Fenland District
Council’s Leisure Centre Facility Strategy and were asked to
consider and agree potential refurbishment and improvement projects
all also then subject to the approval of the Budget by Full Council
later that day.
 
One of the proposals considered
and approved by Cabinet was redevelopment of Manor Leisure Centre
in Whittlesey.  Specifically, Cabinet
agreed to authorise the s.151 Officer to add additional funding
into the capital programme for this purpose of enabling the
pre-construction RIBA Stage works to be undertaken.  The s.151 Officer made provision for this
additional funding within the Budget which was subsequently then
approved by Full Council. 
 
In accordance with these
arrangements, this decision now seeks approval to enter a contract
with Alliance Leisure to undertake the pre-contract RIBA
assessments.  This information will then
be used to inform future decisions as to enter
into a construction contract for the final project
proposal.
 
Alliance Leisure (AL) have been
selected to undertake the RIBA assessments via the UK Leisure
Framework.  The UK Leisure Framework was
established by Denbighshire County Council, acting as a central
purchasing body, in 2022. This is the third successive framework of
this type procured by Denbighshire County Council. It is a single
provider framework, and Alliance Leisure is the appointed
contractor on the Framework.
 
The key documents for this
initial procurement are the Access Agreement and the
Pre-construction fee proposal.
 
The Access Agreement
stage:
 
If approved, the Council will
enter into the Access Agreement with AL to progress the project
through Feasibility initially, and then if required,
pre-construction services. There is no access fee for using the
Framework at this stage.
 
RIBA Stage 4 is the Technical
Design element of the 5 RIBA stages prior to handover of a
completed building project. This stage includes the following core
tasks:

Develop architectural
and engineering technical design
Prepare and
coordinate design team Building Systems information
Prepare and integrate
specialist subcontractor Building Systems information
Prepare stage Design
Programme

 
This work will result
in:

Submit Building
Regulations Application
Discharge
pre-commencement Planning Conditions
Prepare Construction
Phase Plan
Submit form F10 to
HSE if applicable

Preferred
contractors full contractors proposals
detailing how they intend to deliver the project
requirements

 
AL states that this will give
the Council the level of information required to make an informed
decision on whether to progress to the construction gateway
decision.
 
The Access Agreement states
that there would be an invoice on instruction of 50% of all Fees
for Stage 2 with the remaining balance spread equally over the
period of delivery. However, AL clarified that this was 50% of
£65,000 and this will be clarified in the Access
Agreement.
 
Contractor costs are payable
via a monthly drawdown through evaluation to identify and evidence
progress from which appropriate certificates of payment will be
issued for invoicing. This is more relevant for RIBA 3-4 and RIBA
5. In essence, there will be a QS assessment and monthly invoices.
Payment is required 20 days from invoice, which is shorter than the
30-day usual period, so processes will have to be put in place to
ensure payment is made on time.
 
The insurance levels and
provisions in the Access Agreement are standard.
 
The Council will want to be
able to use the reports etc provided by AL if it decides not to go
ahead beyond RIBA Stage 2. The Council has clarified with ALS that
the Council will have the rights to use and assign any work
products for which it has paid, including that produced by
AL’s subcontractors.
This work will finalise all
pre-construction work on the project. This is stated to give the
Council all the information required to make an informed decision
to progress the development into construction.
 
Once the agreed-upon schemes
are ready to deliver, a Development Management Agreement (DMA) is
entered into with the Council to deliver the project at the agreed
sum. AL would then enter into the
building contract directly with the building contractor and
arrangements with identified specialist suppliers as required. At
this point only would a Framework fee apply.
 
AL will assume project delivery
risk, as identified, and agreed in the project Risk Register. The
price would be set, with any cost overruns, other than instructed
variations and apportioned risks being managed or borne by
AL.
 
The building contract proposed
will be a JCT Design and Build Contract.
 
Social value:
AL states that it is committed
to maximising the benefits of developments to communities, not only
to enable more people to be physically active, but to ensure
engagement where appropriate with local companies and supply chain
to ensure the project contributes back into the local economy. As
the project moves from concept to delivery, KPIs will again be
agreed with clients to consider what local advantages are optimal
with regard to local key objectives and
the scope of the project.
 
While AL’s
sub-contractors are already on the appointed list, AL has said that
it will be very proactive in terms of social value, and their
approach is comprehensive and should give us confidence that social
value obligations will be handled effectively and give a
transparent and effective approach.
 
 

Alternative options considered

1.   
Not to proceed with the preconstruction RIBA
Assessments.  This option would have
been contrary to the decision taken by Cabinet on 24 February 2025
and the subsequent approval of the funding by Full
Council.
2.   
To undertake a procurement exercise to appoint a
contractor to undertake the RIBA assessments rather than using the
UK Leisure Framework.