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.

Content

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.