LONDON BOROUGH OF WALTHAM FOREST Meeting / Date Cabinet: 14 September 2010 Agenda Item Report Title Extension of the Public Lighting Maintenance Contract with May Gurney (Cartledge) Cabinet Portfolio Councillor Clyde Loakes Portfolio Holder for Environment Report Author/ Contact details Vala Valavan Head of Highways & Infrastructure Public Realm, Environment & Regeneration 020 8496 2525 Vala.valavan@walthamforest.gov.uk David Richefond Business Development Manager Public Realm, Environment & Regeneration 020 8496 6861 David.richefond@walthamforest.gov.uk Wards affected All Public Access Open 1. SUMMARY 1.1 This report informs Cabinet that the existing public lighting maintenance contract with May Gurney (Cartledge) Limited expires in May 2011. 1.2 The contract was awarded by Cabinet March 2008, for a period of three years with the option of a three year extension. 1.3 In view of the performance of the contactor and the efficiency savings being offered to the Council, Cabinet is requested to approve extending the existing contract for three years. 2. RECOMMENDATIONS 2.1 For the reasons given in this report, Cabinet is recommended to: 2.1.1 Authorise a three year extension to the existing public lighting maintenance contract with May Gurney (Cartledge) in accordance with the terms of the existing agreement, subject to the extension being properly documented. 3. BACKGROUND 3.1 The purpose of this report is to present a business case for the extension of the existing public lighting maintenance contract with May Gurney (Cartledge). 3.2 In March 2008 Cabinet awarded the public lighting maintenance contract to May Gurney (Cartledge) for a period of three years with a possible three year extension. 3.3 This is a schedule of rates contract where potential service providers submit prices based on possible maintenance workstreams. It should be noted that there is no guaranteed volume of work. 3.4 In 2009/10 May Gurney carried out £700k of public lighting maintenance work on behalf of the Council. 3.5 This is indicative of the future volumes of work subject to competing priorities and the current economic climate. 3.6 May Gurney (Cartledge) provide a high quality service that also demonstrates value for money. 3.7 May Gurney (Cartledge) have a proven track record in the industry. This is demonstrated by the fact that they provide street lighting services for Redbridge, Tower Hamlets, Barking and Dagenham, Bromley, Bexley, Havering, Hillingdon, Sutton and Kingston and the Home Counties e.g. Essex. In many cases their contracts have either been extended or re-won in open competition. 3.8 If the Council pursues the option of extending the contract, May Gurney (Cartledge) have offered a two and a half per cent reduction in their schedule of rates prices. 3.9 In addition to this, they have also offered to provide scheme design support at the rate of 6% based on the cost of the scheme. This represents a very competitive rate as the usual market rate for this service is 10% to 12%. 3.10 Officers considered the option of going out to tender. However, the savings and added value offered by the existing service provider has resulted in a decision not to purse this avenue as it did not represent the best use of Council resources in terms of both officer time and finances in the current economic climate. 3.11 In addition to this, Officers took the view that the proposed extension would ensure that the Council has continuity in the “run up” to the Olympics. 4. PROPOSALS 4.1 In March 2008, Cabinet approved the award of the Public Lighting Maintenance Contract to May Gurney (Cartledge). 4.2 The contract commenced in June 2008 and was for a period of three years with the possibility of a further three year extension if it was deemed that it would be in the interest of the Council to do so. 4.3 The contract award involved the TUPE transfer of 7 council employees (Street Lighting Direct Labour Organisation) and these staff remain content with their new employer. 4.4 The performance of the contractor has been of a high standard during the three year period and they have successfully met key performance indicators. The performance of May Gurney (Cartledge) is attached as Appendix A. 4.5 May Gurney (Cartledge) have also successfully tendered for capital works and 2012 streetscene improvements works further demonstrating that their prices are competitive. 4.6 The existing contract expires in May 2011. In recognition of the possibility of a three year extension, May Gurney (Cartledge) has offered the Council a two and a half per cent discount on its schedule of rates prices. 4.7 In addition to this, they have also offered to provide the Council with capital scheme design support at a rate of 6% based on the cost of the scheme. The rate offered is very competitive as the market rate varies between 10% and 12%. 4.8 Over the last three years May Gurney (Cartledge) has demonstrated both high quality service provision and value for money. The transfer of the Street Lighting DLO staff and associated works in 2008 was seamless. 4.9 The services provided by May Gurney (Cartledge) have significant impact on all wards in the borough in respect of the appearance of the public realm, combating fear of crime and health and safety. 4.10 It is in the interest of the Council to invoke the option of a three year extension until May 2014 with a partner that has clearly demonstrated its ability to provide high quality and value for money services. 4.11 Officers in Public Realm are currently working collaboratively with neighbouring boroughs (East London Solutions) to develop a common specification and to establish a public lighting maintenance contract that will commence in June 2014 and produce economies of scale. 5. SUSTAINABLE COMMUNITY STRATEGY PRIORITIES (AND OTHER NATIONAL OR LOCAL POLICIES OR STRATEGIES) 5.1 Transform the design and quality of public space. 6. CONSULTATION 6.1 This report has been written in consultation with the Portfolio Holder for Environment, the Director Public Realm and the Executive Director Environment and Regeneration and the Client Officers in the Highway Network Group. 6.2 It should also be noted that any major works undertaken by the contractor, will be subject to before and after local consultation to gauge customer satisfaction and improve service delivery. 7. IMPLICATIONS 7.1 Finance and Risk 7.1.1 The total public lighting works within current volume of works is £700k. The proposals from May Gurney to apply 2.5% reduction on their schedule of rates, will generate additional work being undertaken in the region of £20k free of charge to the Council. 7.1.2 The new contract offers a saving in the region of 4% and 6% on Capital works, to be made available through the ‘scheme design’ support service. This will prove both cost effective and timely, against the 2012 street scene improvement plans. 7.1.3 Risks surround labour and equipment cost, which is reliant on volume of works and operations within a term maintenance contract. These risks will normally apply to any other potential Service Provider. 7.1.4 Current public information on May Gurney, reports a steady improvement in their financial position. Contract monitoring will cover performance and complaints and liabilities, as a result of noncompliance. 7.2 Legal 7.2.1 The OJEU Notice and existing contract were both clearly subject to the option in favour of the Council to extend for 3 more years and therefore, subject to the extension and changes being properly documented, there will be no legal issues arising from the extension envisaged. 7.3 Equalities and Diversity 7.3.1 A full equality impact assessment is attached as Appendix A. 7.4 Sustainability (including climate change, health, crime and disorder) 7.4.1 Contractors have a legal obligation to employ waste management and recycling procedures. 7.4.2 May Gurney (Cartledge) promote sustainability by holding bi-annual environmental forums with all of their customers. The forums are aimed at promoting good environmental practice bringing together a mix of available new products or services and sharing ideas and experiences between local authority clients. The forum is attended by energy managers and lighting professionals. Through this forum Officers have developed a energy saving strategy for street lighting and other illuminated equipment which was displayed and demonstrated at the Councils 2009 Green Fair and are now being installed around the borough (without changing the perceived lighting levels and hence the fear of crime). This work is expected to save around 193 tonnes of CO2 emissions per year. 7.4.3 A climate change impact assessment is attached as Appendix B. 7.5 Council Infrastructure (e.g. Accommodation or IT issues) Human Resources, 7.5.1 The extended contract will be managed using existing resources within Public Realm. APPENDICES Appendix A: Equality Impact Assessment Appendix B: Climate Change Impact Assessment BACKGROUND INFORMATION (as defined by Local Government (Access to Information) Act 1985) Approval by the Portfolio Holder I have cleared this report for inclusion on the Cabinet agenda. Signed Portfolio Member for Environment Date 26 August 2010