Appointment of a Development Partner for Phoenix 10

Appointment of a Development Partner for Phoenix 10

Walsall Metropolitan Borough Council and the Homes and Communities Agency (the Landowners) are seeking to secure the remediation and redevelopment for employment purposes of 2 adjoining sites known as James Bridge and Alumwell located in Darlaston, Walsall.

United Kingdom-Walsall: Development services of real estate

2015/S 129-236544

Contract notice

Works

Directive 2004/18/EC

Section I: Contracting authority

I.1)Name, addresses and contact point(s)

Walsall Metropolitan Brough Council
Civic Centre, Darwall Street
WS1 1TP Walsall
UNITED KINGDOM
E-mail: procurement@walsall.gov.uk

Internet address(es):

General address of the contracting authority: http://www.walsall.gov.uk

Address of the buyer profile: http://in-tendhost.co.uk/walsallcouncil

Further information can be obtained from: The above mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: The above mentioned contact point(s)

Tenders or requests to participate must be sent to: The above mentioned contact point(s)

I.2)Type of the contracting authority

Regional or local authority

I.3)Main activity

General public services

I.4)Contract award on behalf of other contracting authorities

The contracting authority is purchasing on behalf of other contracting authorities: yes

Homes and Communities Agency

Section II: Object of the contract

II.1)Description

II.1.1)Title attributed to the contract by the contracting authority:

WP3147 – Appointment of a Development Partner for Phoenix 10.

II.1.2)Type of contract and location of works, place of delivery or of performance

Works
Realisation, by whatever means of work, corresponding to the requirements specified by the contracting authorities
Main site or location of works, place of delivery or of performance: Darlaston, Walsall.

NUTS code UKG35

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)

The notice involves a public contract
II.1.4)Information on framework agreement

II.1.5)Short description of the contract or purchase(s)

Walsall Metropolitan Borough Council (WMBC) and the Homes and Communities Agency (HCA) (the Landowners) are seeking to secure the remediation and redevelopment for employment purposes of 2 adjoining sites known as James Bridge and Alumwell located in Darlaston, Walsall. The site together are known collectively at Phoenix 10 and total approximately 16,5 hectares.
The Landowners have been working together to secure the remediation and development of the Phoenix 10 site and have agreed a Collaboration Agreement between the two parties which governs the procedural basis for joint working to deliver the project.
Bringing such a large area of land back into productive use will make a significant positive contribution to Walsall‘s employment land supply and make an important contribution to economic growth and employment in the borough while also enhancing the local environment.
In 2012, Phoenix 10 was confirmed by Government as part of the Black Country Enterprise Zone (BCEZ), with the Black County Local Enterprise Partnership (BC LEP) able to retain all business rates from the EZ for investment in its local priorities. The BCEZ provides a mechanism for WMBC and BC LEP to support the development of the site through a Tax Increment Finance (TIF) based delivery model. WMBC is also able to use prudential borrowing to provide funding to support schemes with expenditure reimbursed by the BC LEP.
It should be noted that Phoenix 10 is the priority site for the BC LEP due to the scale of the opportunity the site presents and its contribution to economic growth objectives as expressed in the Black Country Strategic Economic Plan (BC SEP).
The James Bridge site was the former IMI copper refinery which closed in 2000, was demolished in 2004 and acquired by Advantage West Midlands in 2007 who also took on responsibility for all environmental liabilities associated with the site. It transferred to HCA in September 2011 as part of the closure of Regional Development Agencies. A planning application for the provision of a capping layer to the site surface and the erection of boundary fencing is currently being determined (ref: 15/0429/FL0). The Alumwell site was formerly used as a domestic and industrial refuse tip prior to the introduction of the licensing requirements in the 1974 Control of Pollution Act. The site, which is in the ownership of the WMBC, is currently capped and grassed over.
Site investigations were undertaken on both land parcels in 2010 and the results of these are contained in 2 factual reports. The sites together contain approximately 240 recorded mineshafts and have a range of contamination issues associated with their historic uses. On the James Bridge site, the main issue of contamination is contaminated groundwater that remains in a plume within the former mine workings beneath the site.
The Landowners are now undertaking a Competitive Dialogue procurement process to appoint a private sector partner to undertake the remediation and development of the site,
Further information is provided in a Memorandum of Information that is available from WMBC’s Tender Portal as set out in I.1). Additional documentation on the site and the marketing / procurement process is also contained in a data room that will be made available to organisations that register on WMBC’s Tender Portal.

II.1.6)Common procurement vocabulary (CPV)

70110000, 45112340, 45000000, 45111291, 71000000, 45111000, 45100000

II.1.7)Information about Government Procurement Agreement (GPA)

The contract is covered by the Government Procurement Agreement (GPA): yes

II.1.8)Lots

This contract is divided into lots: no

II.1.9)Information about variants

Variants will be accepted: no
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:

II.2.2)Information about options

Options: no
II.2.3)Information about renewals
II.3)Duration of the contract or time limit for completion

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract

III.1.1)Deposits and guarantees required:

Details of the deposits and bonds required by the Landowners will be set out in the contract documents.

III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

The Landowners are seeking the transfer of their environmental liabilities to the purchaser, with a reverse premium identified as part of the process for accepting such liabilities.
WMBC will be providing gap funding assistance, subject to EU state aid considerations, to support remediation through Prudential Borrowing, which will be repaid to the Black Country Local Enterprise Partnership from the Enterprise Zone retained business rates mechanism.
As a consequence of the above, the Landowners are looking to contract with a development partner with sufficient and appropriate financial covenant strength.

III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

The Landowners reserve the right to require a group of economic operators to take a particular legal form, or to require a single economic operator to take primary liability or to require that each economic operator undertakes joint and several liabilities.

III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: The Landowners will set out specific conditions within the procurement documentation during the dialogue and tender stages of the procurement process.
III.2)Conditions for participation

III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers

Information and formalities necessary for evaluating if the requirements are met: All bidders will be asked to confirm in a Pre-Qualification Questionnaire that none of the conditions set out in Article 57 of Directive 2014/24/EU apply to their organisation or expression of interest.

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: Bidders will be required to complete a Pre-Qualification Questionnaire consistent with the provisions of Directive 2014/24/EU.
Minimum level(s) of standards possibly required: As set out in the Pre-Qualification Questionnaire.

III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
Bidders will be required to complete a Pre-Qualification Questionnaire consistent with the provisions of Directive 2014/24/EU.
Minimum level(s) of standards possibly required:
As set out in the Pre-Qualification Questionnaire.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
III.3.2)Staff responsible for the execution of the service

Section IV: Procedure

IV.1)Type of procedure

IV.1.1)Type of procedure

competitive dialogue

IV.1.2)Limitations on the number of operators who will be invited to tender or to participate

Envisaged minimum number 3: and maximum number 4
Objective criteria for choosing the limited number of candidates: As set out in the Pre-Qualification Questionnaire.

IV.1.3)Reduction of the number of operators during the negotiation or dialogue

Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated yes
IV.2)Award criteria

IV.2.1)Award criteria

The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document

IV.2.2)Information about electronic auction

An electronic auction will be used: no
IV.3)Administrative information

IV.3.1)File reference number attributed by the contracting authority:

WP3147

IV.3.2)Previous publication(s) concerning the same contract

Prior information notice

Notice number in the OJEU: 2015/S 49-084400 of 11.3.2015

IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document

Time limit for receipt of requests for documents or for accessing documents: 4.8.2015 – 23:59
Payable documents: no

IV.3.4)Time limit for receipt of tenders or requests to participate

5.8.2015 – 13:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates

IV.3.6)Language(s) in which tenders or requests to participate may be drawn up

English.
IV.3.7)Minimum time frame during which the tenderer must maintain the tender
IV.3.8)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: no

VI.2)Information about European Union funds

The contract is related to a project and/or programme financed by European Union funds: no

VI.3)Additional information

Interest in this contract process should be expressed via WMBC”s Tendering Portal — https://in-tendhost.co.uk/walsallcouncil

The Landowners reserve the right to cancel the procurement and not to proceed with the contract.
The Landowners also reserve the right not to award a contract or to award a contract for parts or part of the works only.
The Landowners will not, under any circumstances, reimburse any expense incurred by bidders in preparing their PQQ or tender submissions.
Applicants are deemed to understand fully the processes that the Landowners are required to follow under relevant European and UK legislation, particularly in relation to the public procurement rules.
Any eventual contract will be subject to approval by the Landowners.
The Landowners reserve the right to terminate the procurement at any time and where appropriate, re-advertise the opportunity.
Under the contract the developer is required to actively participate in the economic and social regeneration of the locality of and surrounding the place of delivery. Accordingly contract performance conditions may relate in particular to social and environmental considerations.

VI.4)Procedures for appeal

VI.4.1)Body responsible for appeal procedures

See VI.4.2

Body responsible for mediation procedures

See VI.4.2

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: The Council will incorporate a standstill period at the point when information on the proposed award of the contract is communicated to tenderers. The standstill period, which will be for a minimum of 10 calendar days, provides time for unsuccessful tenderers to challenge the award decision before the contract is entered into.
Aggrieved parties who have been harmed or are at risk of harm by any breach of the Landowner’s obligations may take action in the High Court (England, Wales and Northern Ireland).
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:

3.7.2015

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