(Officer Key Decision – 13 April 2015) SOMERSET COUNTY COUNCIL NOTIFICATION OF A PROPOSED KEY DECISION TO BE TAKEN BY THE STRATEGIC MANAGER, PROPERTY CLIENT TEAM, BUSINESS DEVELOPMENT Report title: Countess Gytha Primary School, Queen Camel - Acceptance of Tender for New Replacement Primary School Officer(s): Mike Lewis, Strategic Manager, Property Client Team, Business Development Author Contact Details: Carol Bond, Senior Client Lead Officer, Property Client Team, Business Development. cbond@somerset.gov.uk 01823 355962 Date of Publication of proposed Key Decision: 31 March 2015 Date proposed Key Decision to be made: 13 April 2015 Date Decision comes into force: 17 April 2015 1. Officer Decision That the Strategic Manager, Property Client Team, Business Development: 1. Approves the tender received from BAM Construction Ltd for the proposed replacement of Countess Gytha Primary School, Queen Camel. 2. Agrees the case for Appendix B to be treated as exempt information and to be treated in confidence, as the case for the public interest in maintaining the exemption outweighs the public interest in disclosing that information. 3. Notes that Somerset County Council Legal Services will execute associated and relevant contract documentation in regard to the appointment of BAM Construction Ltd. 2. Reason for Decision(s) As set out in the attached report. 3. Reason(s) for Urgency (where applicable) Not applicable. 4. Details of any alternative options considered and rejected As set out in the attached report. 5. Any relevant Personal Interest that the decision maker may have under the Gifts, Hospitality and Interests Protocols for Officers 1 (Officer Key Decision – 13 April 2015) 6. None declared. Details of any conflict(s) of interest declared by a Cabinet Member consulted about the proposals and any dispensation from Chief Executive None declared. 7. Other background information considered by the decision maker before making this decision As set out in the attached report. 2 (Officer Key Decision – 13 April 2015) Officer Report - 5 January 2015 Countess Gytha Primary School, Queen Camel - Acceptance of Tender for New Replacement Primary School Cabinet Member(s): Frances Nicholson - Children and Families Division and Local Member(s): Mike Lewis - Castle Cary Lead Officer: Carol Bond, Senior Client Lead Officer, Property Client Team, Business Development Author: Carol Bond, Senior Client Lead Officer, Property Client Team, Business Development Contact Details: 01823 355962 Report Sign off Seen by: County Solicitor Monitoring Officer Corporate Finance Human Resources Property/ Procurement Senior Manager Cabinet Member Name Honor Clarke Julian Gale Sharon Campbell Sari Brice Marie Stretch Natanya Nathan Richard Williams Frances Nicholson Date 30.03.15 16.01.15 16.01.15 09.01.15 26.03.15 20.03.15 16.01.15 Forward Plan Reference: FP/14/12/09 Summary: Following the decision taken by John Osman, Cabinet Member, Children and Young People on 4 April 2011 to replace Countess Gytha Primary School, Queen Camel, this report seeks the approval of the tender submitted by BAM Construction for the replacement school project and the authorisation of contract documents in that regard. That the Strategic Manager, Property Client Team: 1. 2. Recommendations: 3. Reasons for Recommendations: Approves the tender submission received from Futures for Somerset for the proposed replacement of Countess Gytha Primary School, Queen Camel. The detail of the tender submission is attached as Appendix B. Agrees the case for Appendix B to be treated as exempt information and to be treated in confidence, as the case for the public interest in maintaining the exemption outweighs the public interest in disclosing that information. Notes that Somerset County Council Legal Services will execute associated and relevant contract documentation. To allow the County Council to proceed with the replacement of Countess Gytha Primary School, Queen Camel. 3 (Officer Key Decision – 13 April 2015) The proposal meets the County Plan priorities as follows: Links to Priorities and Impact on Service Plans: Somerset is a safer and healthier place where: Our children feel protected and safe Somerset is a place where everyone has an equal opportunity to learn, work and enjoy where they live: Improve our schools and drive up results for our children at all ages. The proposal meets the County Plan targets as follows: Better schools producing better results for our children Consult with and listen to our residents, businesses, communities and visitors. The Headteacher of Countess Gytha Primary School, Queen Camel, the school’s Governing Body, the Authority’s Property Client Team and Client Lead Officer, Futures for Somerset and their building and architectural sub contractors have been closely involved in the concept, feasibility and detailed design of the proposed replacement primary school. Consultations undertaken: A public information session took place on Thursday 9 October 2014 from 3pm to 7pm at Countess Gytha Primary School, Queen Camel. The session was attended by project team representatives from Somerset County Council, Futures for Somerset, BAM Construction, NVB Architects, Alliance Planning and Countess Gytha Primary School. The session was developed as an opportunity for members of the community to review the proposed scheme, ask questions and leave feedback. A number of display boards were provided presenting information on the draft internal and external layout of the replacement school/school site, external elevations and indicative visualisations. Over 150 people attended the information session and a large number of feedback questionnaires were completed. This feedback has been used to inform the planning statement and design solution (where possible). The feedback will continue to be used in ongoing dialogue with planning consultants in order to help try and secure the best possible solution for Queen Camel and the local area within statutory, regulatory, policy and funding constraints. The local County Councillor has been closely involved in the process to acquire the land for the new school and will be kept informed of progress throughout the project. The Queen Camel Parish Council, neighbouring parish councils and the local medical centre have also been consulted and kept informed of developments/progress. 4 (Officer Key Decision – 13 April 2015) SCC is procuring the various elements of the Queen Camel replacement school project from Futures for Somerset (the Local Education Partnership) through the provisions of the Somerset BSF Strategic Partnering Agreement dated 23 September 2010 between Somerset County Council and Somerset LEP Limited. This agreement sets out that the Authority may from time to time (at its absolute discretion) request that the LEP (with or without a competition with others) carry out any major capital project with becomes an Approved Project. Therefore multiple tenders have not been invited for this project as the competitive tendering process was completed during the OJEU competitive dialogue process undertaken by the Authority in 2008-2010. Capital: The final contractor’s proposals were received on 16 January 2015. The Authority, via Futures for Somerset, has worked closely with the contractor (BAM Construction Ltd) through the feasibility, bidding, tender and value engineering stages of the project to ensure that the final tender figure is affordable and offers value for money. Financial Implications: At feasibility stage however it became clear that the original 2011 allocation of £2.75 million was insufficient. This is largely as a result of the added complexities of developing a Greenfield site solution - the project has encountered a number of unexpected infrastructure and site abnormal costs. A request for additional funding as a result of a) abnormals associated with the site location; b) inflation since budget agreed in February 2011 and c) late inclusion of a production kitchen was made to and approved by the Asset Strategy Group on 15 September 2014. The tender report confirms that the overall total cost of the project to replace Countess Gytha Primary School can be afforded from within the £4 million budget and that the scheme offers Somerset County Council good value for money overall. If the approval to accept the submitted tender is delayed, the value for money of the project will reduce as a result of construction industry inflation. There is also the risk that the school could experience another flooding incident, in the meantime, which would have implications both financially and educationally. Revenue: Any impact on revenue costs will be met by the individual school budget. 5 (Officer Key Decision – 13 April 2015) Legal Implications: The Authority’s Legal Services have successfully agreed terms and on behalf of the Authority have entered into Option and Transfer Agreements and have completed the sale for the purchase of the land for the proposed replacement school. Legal Services will also be involved in the signing, sealing and novation of the contract documents between the Authority and BAM Construction Ltd. HR Implications: Improvement of the working environment for children and staff. Risk Implications: The Authority, via Futures for Somerset has worked hard to mitigate any risks associated with this project by undertaking full and thorough investigations of the site and by engaging early in the design process with the school, the local member, the community, contractor, service providers, statutory bodies etc. Other Implications (including due regard implications: Scrutiny comments/ recommendation (if any): Please see the attached Impact Assessment. Not applicable. 1. Background 1.1. On 4 April 2011, John Osman, Cabinet Member, Children and Young People, approved the Capital Investment Programme for 2011/12. In doing so he: “Authorised the appropriate officers to undertake all necessary actions to deliver named projects….., including the seeking of tenders and subsequent letting of contracts within overall budgets. Included in the above approval to seek tenders was “Replacement for (Queen Camel) Countess Gytha Primary School”. 1.2. Queen Camel Primary School caters for pupils between the ages of 4 to 11. The existing school buildings are located towards the north end of the Queen Camel village on a largely level site within a low lying basin which has been subject to significant flooding in recent years; this has resulted in closure of the school as a result of damage and refurbishment requirements. A flood impact report completed in 2009 highlights that the existing school site has been affected by four separate floods in the past 12 years with the last event in 2008 resulting in the entire site and surrounding roads being submerged and inaccessible. The 6 (Officer Key Decision – 13 April 2015) Environment Agency flood risk map data confirms that the current school site is split between flood zone 2 and 3, with zone 3 providing a severe risk of flood. 1.3. As a result of the flood risk identified, it is proposed that a replacement school be developed on a green field site to the south of Queen Camel village on the corner of the A359 and West Camel Road. The proposed site is currently in agricultural use and sits just beyond the development boundary of the village. SCC have entered into an option agreement with the Landowner to secure the site for a new 6 class primary school with pre-school facilities and all associated external sports, play space and infrastructure. 1.4. Conditional planning permission for the proposed replacement school was granted by the Regulation Committee at its meeting on 8 January 2015. The Option Notice, to complete the Option to purchase the land, was served on the Landowner on 23 January 2015 and the purchase and transfer of the land to the Authority completed on 18 February 2015. Some preparatory works (hedge removal and installation of stock proof fencing to the proposed school boundary) have already commenced on the site. It is anticipated that the main construction works will start mid May 2015. Practical completion is scheduled to take place April 2016. 2. Options considered and reasons for rejecting them 2.1. SCC is procuring the various elements of the Queen Camel replacement school project from Futures for Somerset (the Local Education Partnership) through the provisions of the Somerset BSF Strategic Partnering Agreement dated 23 September 2010 between Somerset County Council and Somerset LEP Limited. This agreement sets out that the Authority may from time to time (at its absolute discretion) request that the LEP (with or without a competition with others) carry out any major capital project with becomes an Approved Project. Therefore multiple tenders have not been invited for this project as the competitive tendering process was completed during the OJEU competitive dialogue process undertaken by the Authority in 2008-2010. 2.2. Completion of an option appraisal on this project has identified four main options that could be pursued. A high level commentary of these options is provided in the attached Feasibility Study - Summary Report. 3. Background papers 3.1. 4 April 2011 - Children and Young People Capital Investment Programme 2011/12 - Key Decision by the Cabinet Member for Children and Young People. 3.2. Countess Gytha Primary School, Queen Camel - Feasibility Study - Summary Report. 3.3. Appendix A -Impact Assessment. 3.4. Appendix B - Confidential Tender Report. 7 (Officer Key Decision – 13 April 2015) Appendix A Impact Assessment Form and Action Table 2014 - 2016 (Expand the boxes as appropriate, please see guidance (www.somerset.gov.uk/impactassessment) to assist with completion) "I shall try to explain what "due regard" means and how the courts interpret it. The courts have made it clear that having due regard is more than having a cursory glance at a document before arriving at a preconceived conclusion. Due regard requires public authorities, in formulating a policy, to give equality considerations the weight which is proportionate in the circumstances, given the potential impact of the policy on equality. It is not a question of box-ticking; it requires the equality impact to be considered rigorously and with an open mind." Baroness Thornton, March 2010 Why are you completing the Impact Assessment? Proposed New Policy or Service Change to Policy or Service MTFP or Paper X What are you completing the Impact Assessment on (which policy, service, MTFP reference, cluster etc)? Service Review or SCC Change Programme Children and Young People Capital Investment Programme 2011/12. Member decision 4 April 2011 Section 1 - Description of what is being impact assessed The proposed replacement of Countess Gytha Primary School, Queen Camel Section 2A - People or communities that are targeted or could be affected (for Equalities - taking particular note of the Protected Characteristic listed in action table) Pupils and staff of Countess Gytha Primary School, parents, residents of Queen Camel and the wider community. Section 2B - People who are delivering the policy or service Corporate Property and Futures for Somerset on behalf of the County Council. Section 3 - Evidence and data used for the assessment (Attach documents where appropriate) Previous flooding incidents at the school; school population forecasts; net capacity calculations. Section 4 - Conclusions drawn about the impact of the proposed change or new service/policy (Please use prompt sheet in the guidance for help with what to consider): 8 (Officer Key Decision – 13 April 2015) Community Safety The proposed new school site is located on a narrow lane that is becoming, with the existing medical centre and housing developments, more intensively used (although it is still significantly quieter than the A359). As a result the plans for the new school includes the provision of a new pedestrian crossing facility on West Camel Road and a car park within the school site designed to allow staff and visitor parking as well as safe on site drop off and pick up for parents, school minibus/coach and deliveries. The proposed car park is larger than that prescribed under the Somerset County Council Parking Strategy following community concerns about highway safety in the event that school traffic were to overspill onto adjacent roads due to a lack of onsite provision. The proposed new crossing and car park will benefit the wider community, as well as the school community, by enabling safe, controlled access across West Camel Road, restricting the need for on road parking/drop off and generally alleviating pressure on the existing infrastructure. The proposed new school site is designed to be a safe and secure place for the pupils and staff. The main part of the school will be secured with a 1.8m high fence. The car park will be secured out of school hours with a 1.4m high fence to prevent unauthorised use; during the school day, unauthorised access will be prevented by an automatic barrier. The Police Crime Prevention Design Adviser comments that they are pleased that the school perimeter is to be protected by a 1.8m welded mesh fence. They feel that the height and design is appropriate for a village setting and offers excellent surveillance opportunities as well as restricting unauthorised/anti-social activity on the site. The adviser fully supports the need for access control to extend to the car park in order to restrict access out of school hours and during the holidays. Access to the main school building and pre-school will be controlled via secure internal lobbies in order to safeguard staff and pupils from intruders. The new school building will also be fitted with intruder, fire protection and detection systems. The Flood Risk Assessment (FRA) for this project has concluded that the proposed new school site is located entirely within Flood Risk Zone 1. Flood Risk Zone 1 is the least risk flood zone and as such the site can be considered to be at no risk of flooding. This is a huge improvement on the existing school site which has flooded on 6 occasions since 2000. The FRA has also demonstrated that provided the run-off generated by the proposed new school is managed effectively, it will not increase flood risk to the wider community. In terms of Community Protection (Noise), the Acoustics Specialist is of the view that the proposed new school is unlikely to present a risk of noise disturbance to existing residential development and that there would be no justification to support a noise objection to this proposal. Equality The proposed new school site has been designed to be fully accessible. Externally the plans include the provision of disabled parking bays, close to the main entrance to the school building. Internally the proposed plans include level access to all areas, a dual height reception counter, a toilet for disabled staff and visitors, an accessible toilet 9 (Officer Key Decision – 13 April 2015) and therapy room for pupils with a disability, a hearing loop in the main entrance and school hall and colour contrasting light switches, sockets and door frames. Countess Gytha Primary School already has in place policies covering accessibility, collective worship, equal opportunities and sex and relationship education. The details of these policies are available on the school’s website. Compass Disability were asked to comment on the proposed new school plans, as part of the planning process, but no response was received. Health and Safety There may be health and safety risks during the implementation of the proposed replacement school. These will be managed through the Construction Health and Safety Plan required for all such projects as a partnership between SCC as Client and the appointed contractor. When building or repair works are taking place, the contractor will take reasonable steps to minimise the likelihood of theft or arson. This will be detailed within the contractor’s project implementation plan. Following completion, other implications include the need to review premises-related assessments and maintenance schedules; however none should be significant enough to affect the decision and will in any event be managed by Countess Gytha School. Improvements to an existing public footpath and the provision of a controlled crossing facility will provide a safe means for pedestrians to access the replacement school site. The proposed on site drop off facility will ensure that children brought to school by car can be dropped off in a controlled and safe environment. The larger than usual car park will reduce the need for on road parking. Health and Wellbeing The existing school site is located towards the north end of Queen Camel village on the busy A359. The current building stock is largely late Victorian with further additions in the 1920s and 1960s. The school currently has no on site playing field; the nearest green space is the village recreation field which is approximately a 10 minute walk from the school. The existing school site has been subject to significant flooding in recent years which has previously resulted in prolonged closure of the school as a result of damage and refurbishment requirements. This proposal will relocate the current school to a new site, adjacent to open fields, on the south of the village off the quieter West Camel Road. This site is a large site, outside of the flood zone, which, in addition to the proposed new six class school and preschool, will accommodate an on-site playing field/football pitch, additional green recreation/habitat areas and hard play space. In addition the proposal will include the provision of on-site bike storage, to encourage cycling and improvements to an existing public footpath to encourage walking. The new school building and site will be available for community use by arrangement with the school. There has been some local concern about the relocation of the school particularly from residents of a nearby housing development. Their concerns are in regard to visual impact, noise and increased traffic. The design for the new school has been 10 (Officer Key Decision – 13 April 2015) sympathetic to those concerns. The proposed new school building is a low building which sits into the landscape in a similar way to an agricultural complex. The proposed pale wall finish, deep eaves, coloured window panels and proposed landscaping scheme will also help achieve a calm exterior and mitigate the impact of the new building. The Authority’s Acoustics Specialist has confirmed that the proposed new school is unlikely to present a risk of noise disturbance to existing residential development. In regard to traffic, in addition to the proposed provision of cycle storage, improvements to the existing public footpath, the provision of a large car park and safe on site drop off, the school are proposing their own measures to reduce traffic. These include a walking bus from within the village, car share for staff and staggered drop off and collection times. Privacy Deemed not to be relevant because the proposal is to replace an existing establishment where Data Protection measures will already be in place. Schools are separate Public Authorities and Data Controllers, as defined by the Act, and consequently will be responsible for their own data protection Sustainability Positive impact - the proposals will provide increased pupil capacity to serve the local community. A travel plan will assess the impact of additional transport needs for the increased numbers on roll. Construction will be in accordance with all current Building Regulations Low carbon design will deliver efficiency savings across the school estate. A sustainable school will have positive impacts on the school ethos, student learning and wider. Risk Positive impact - the proposal will remove the risk of school closure due to flooding and will improve the learning environment for staff and pupils and the wider community. The proposal meets the County Plan priorities as follows: Somerset is a safer and healthier place where: Our children feel protected and safe. Somerset is a place where everyone has an equal opportunity to learn, work and enjoy where they live: Improve our schools and drive up results for our children at all ages. The proposal meets the County Plan targets as follows: Better schools producing better results for our children Consult with and listen to our residents, businesses, communities and visitors Likelihood 1 Impact 1 Risk Score 1 Section 5 - After consideration please state your final recommendations based on the findings from the impact assessment. Also include any examples of good practice and positive steps taken. a) Strategic Manager Recommended Decision To proceed with the proposal as it will have a positive impact. 11 (Officer Key Decision – 13 April 2015) Section 6 - How will the assessment, consultation and outcomes be published and communicated? E.g. reflected in final strategy, published. What steps are in place to review the Impact Assessment Somerset County Council website Completed by: Carol Bond Date 05.01.15 Signed off by: Date Compliance sign off Date To be reviewed by: (officer name) Review date: Version Date 12 (Officer Key Decision – 13 April 2015) Equality Impact Assessment Issues and Action Table Identified issue drawn from your conclusions Actions needed - can you mitigate the impacts? If you can how will you mitigate the impacts? Who is responsible for the actions? When will the action be completed? Age Not required Disability Not required Gender Reassignment Not required Marriage and Civil Partnership Not required Pregnancy and Maternity Not required Race (including ethnicity or national origin, colour, nationality and Gypsies and Travellers) Religion and Belief Not required Sex Not required Sexual Orientation Not required Other (including caring responsibilities, rurality, low income, Military Status etc) Not required 1 How will it be monitored? What is the expected outcome from the action? (Officer Key Decision – 13 April 2015) Health and Safety, Sustainability, Community Safety Impact Assessment Issues and Action Table Areas of increased risk drawn from your conclusions Actions needed - can you mitigate the impacts/risk? If you can how will you mitigate the impacts? Who is responsible for the actions? When will the action be completed? How will it be monitored? What is the expected outcome from the action? Health and Safety Issues and Action Table On site safety during construction phase Creation and implementation of Health and Safety Plan Futures for Somerset procuring and managing the project on behalf of SCC and the contractor On completion of the build and vacation of the site by the contractor Through Futures for Somerset who will oversee and monitor the project implementation Safe implementation of the proposal Revise fire and Legionella assessments plus any fixtures that require maintenance must be added to the asset register SCC - to inform when commissioned Corporate Property Within 6 weeks of the building being occupied Through CHSU A safe environment and ongoing arrangements for assessment Via design workshops/regular meetings with the architect and contractor A sustainable, energy efficient school CHSU - Corporate Property to take the action Sustainability Issues and Action Table Develop an integrated low carbon design In addition to ensuring compliance with Building Regulations, energy modelling will be conducted to predict operational energy use Integrate sustainable energy Include options for improving water efficiency NVB Architects/BAM Construction Ltd and their sub contractors 2 On completion of the build (Officer Key Decision – 13 April 2015) Develop a metering and monitoring strategy Post Construction Promote adaptation to climate change To understand breakdown of energy use in the building and to enable ongoing energy management BAM Construction Ltd/ electrical sub contractor Plan for on-going energy management of the building Train/educate building occupants, premises managers etc to ensure that the building is operated as designed Post occupancy evaluation to ensure building/equipment is running efficiently and establish “lessons learned” for future developments BAM Construction Ltd and their electrical and mechanical sub contractors Following completion of the build and thereafter School to set up process for regular monitoring Successful energy management Following completion of the build and thereafter Post occupancy evaluation School staff are fully trained. School building runs efficiently and effectively Countess Gytha Primary School Countess Gytha Primary School Community Safety Issues and Action Table Not required Privacy Issues and Action Table Not required 3