Service specification/Tender Contract title: Appointment of a professional consultancy service for the checking of structural design calculations received in support of building works subject to compliance with the Building Regulations 2010 (as amended). The service to be provided involves the checking of structural design calculations and details prepared by qualified and non-qualified structural engineers for compliance with the requirements of Part A (Structure) of the Building Regulations and notifying the Authority in writing of compliance or non-compliance within an agreed time period. Test Valley Borough Council Contact: Name: Graham. R. Murrell Job title: Building Control Consultancy Manager Phone: 01268 368459 e-mail: gmurrell@testvalley.gov.uk Background: Test Valley Borough Council contracts out the work required in connection with the checking of structural design calculations received in support of building works subject to compliance with the Building Regulations 2010 (as amended). During the last 3 years on average 727 applications have been received each year for Buildings Regulations approval. Of these, on average 164 have been forwarded each year to the consultants for checking. However no guarantee can be given on the number of applications to be checked during any one year or during the three year period. On average, the plan fee income is £27,468.00. Please note that applications received for improving access and facilities designed to secure the greater health, safety and welfare of disabled persons are not subject to Building Regulation charges but may still require the structural elements to be checked. Over the last 3 years only 1 such application has been received. The structural design calculations to be checked normally relate to all work of a non-domestic nature and domestic work of an unconventional design or where not prepared by a qualified structural engineer. In providing a Building Regulations service, the Council is required to approve or reject plans within the period prescribed by statute. This period is five weeks but can be extended to a maximum period of two months subject to written confirmation from the applicant or their agent. 1 Should the Council fail to issue a decision within this period, the Authority will be obliged to refund any plan charges received. It is therefore essential that the Authority is advised by the successful engineer in writing within 20 working days (excluding Bank Holidays) of the date that the calculations are received by the engineer, (acknowledgement of all calculations received will be required), as to whether or not the design meets with the requirements of Part A (Structure) of the regulations. Failure by the consultant to comply with this requirement will result in the Authority seeking liquidated damages equivalent to any charges refunded to the applicant plus an administration fee and may consider terminating the contract for failure to provide the required level of service as described in the conditions of the contract. Details of the Councils Building Regulation charges are available on the Council web site:http://www.testvalley.gov.uk/resident/planningandbuildingcontrol/buildingcontr ol/application-form/ Scope of Service: The service to be provided involves the checking of structural design calculations and details submitted for compliance with requirements of Part A (Structure) of the Building Regulations 2010 (as amended and subsequent amendments), received during the period of the contract in support of applications deposited for approval under the Building Regulations. In providing the service, the appointed consultant engineer will be required to:o Respond to the Council within twenty working days of receipt from the Council of the Building Regulation Consultation sheet, design calculations and details, with a report advising the Council whether or not the design submitted by the applicant meets with the requirements of Part A of the Building Regulations. Should the design fail to meet such requirements to advise the Council in writing, supported if necessary by drawings or other appropriate manner the areas where the design fails to meet the requirements. o In performing the Service the appointed Consultant Engineer shall where necessary liaise directly with the person responsible for submitting the proposed design i.e. the applicant, agent or the design engineer as appropriate and provide at their own expense, copies of any correspondence received. o To retain all documentation received or prepared by the Engineer in connection with a design, until such time as the design meets with the requirements of the Building Regulations whereupon all documents shall be returned together 2 with written acceptance of the design and any amended drawings, calculations or other details to the Building Control Consultancy office of the Council. o To attend site or office meetings as necessary or at the request of the Building Control Consultancy Manager in connection with the Services without imposing an additional charge. o Not to accept instructions in any matter where the Structural Engineer or persons employed by them have any personal interest. o The contract will be for a fixed period of three years with an option to extend for a further two years by mutual agreement subject to satisfactory performance during the initial period. o Tenders for the service will be based upon a percentage of the plan fee charged by the Council to the applicant. There shall be no provision for reviewing the tendered sum during the continuance of any contract. o Tenders must clearly indicate the method of calculation (exclusive of VAT). Tenders received, which do not comply, may be rejected as not being properly constituted. o Tenderers may be required to make a presentation to the Council on how they intend to provide and charge for providing the service. o Tenders will be evaluated and weighted in the following order of priority:- technical experience (30%), price (30%) capacity and support (25%) response time/ability to undertake site visits (10%) and quality accreditation (5%). o The Council is not bound to accept the lowest or any tender. o It should be noted that the Council’s preferred method is to consult electronically. o In addition to the above the following information will be required to be submitted in writing of :How the staff are to be supervised having regard to the system the Tenderer would adopt for the purposes of the contract. 3 Sustainability requirements: The Councils preferred method of consultation is to consult electronically. Quality standards: The appointed Engineer is required to exercise reasonable skill, care and diligence in the performance of the Service. In providing the service the Engineer should not accept or undertake any project that is beyond their technical ability. If appropriate, the Engineer may recommend to the Council that the project is sub-let to a specialist sub-consultant. Should this occur, the Council will not unreasonably withhold consent to such recommendation. In the event that the Council consents in writing to the sub letting, the Engineer shall integrate such sub-consultant’s Services with their own. In doing so, the Engineer will be responsible for the performance and the payment of any subconsultant. In providing the service the Engineer will be required to have in place professional indemnity insurance in an amount no less than five million pounds (£5,000,000.00), for any one occurrence or series of occurrences arising out of this Agreement and for a minimum period of fifteen years following completion of a Task. The Consulting Engineer shall immediately inform the Employer if such insurance ceases to be available on the terms required by this Condition in order that the Employer and the Consulting Engineer can discuss means of best protecting their respective positions in the absence of such insurance. Public Liability insurance will also be required from the Start Date until the completion of the Services in a minimum sum of ten million pounds (£10,000,000.00). The Engineer will be required as and when reasonably requested to do so by the Council to produce for inspection brokers’ certificates to show that the insurance cover required under the provisions of this agreement are being maintained in place. Performance measures: Outcomes: o To respond to the Council within twenty working days of receipt from the Council of the Building Regulation Consultation sheet and design calculations and details, with a report advising the Council whether or not the design submitted by the applicant meets with the requirements of Part A of the Building Regulations. Outputs: Outputs are specific results of the activity that can be measured. Output Target Supporting evidence (how this is measured) Design details to be 100% ongoing Return of checked and returned to consultation/calculations the Council within 20 sheet to the Council. working days of receipt 4 Inputs: Inputs are easy to measure, countable units, they tell us how much, how many or how often. Input Target Supporting evidence (how this is measured) Number of submission 100% ongoing Time difference sent for checking between the date sent and date returned of consultation/calculation sheet to the Council Monitoring and recording arrangements: The Council will monitor the performance of the Engineer on a monthly basis to ensure that the 20 day period permitted for the checking of the design calculations and details is not exceeded. Failure to consistently comply with this requirement will result in termination of the contract. Contract Terms / Potential Duration of the Opportunity: Contract Start: TBC (3 year contract) Contract End: TBC Award: Extension clause: 3 year contract with a possible extension subject to performance for a further two years. The Council is subject to The Freedom of Information Act 2000 (“Act”) and The Environmental Information Regulations 2004 (“EIR”). As part of the Council’s obligations under the Act or EIR, it may be required to disclose information concerning the procurement process or the resultant Contract to anyone who makes a reasonable request. If respondents to this PQQ consider that any of the information provided in their PQQ submission is commercially sensitive (meaning it could reasonably cause prejudice to the organisation if disclosed to a third party) then it should be clearly marked as "Not for disclosure to third parties” together with valid reasons in support of the information being exempt from disclosure under the Act and the EIR. 5