EdCity Master Development Agreement

A Contract Award Notice
by LONDON BOROUGH OF HAMMERSMITH & FULHAM

Source: Find a Tender
Type: Contract (Works)
Duration: not specified
Value: £148M

Sector: CONSTRUCTION
Published: 15 Sep 2021
Delivery: not specified
Deadline: n/a

Concepts

Location

Geochart for 1 buyers and 1 suppliers

1 buyer

London Borough of Hammersmith & Fulham London

1 supplier

Edcity Development London

Description

London Borough of Hammersmith and Fulham (the Council), EdCity Office and EdCity Development Ltd (being subsidiaries of Ark) and Ark Schools are entering into arrangements for the reconfiguration and redevelopment of the Ark Swift primary academy site at Australia Road, White City (the Site).

Total Quantity or Scope

The Site currently comprises a primary academy school. The redevelopment shall (subject to contract) comprise: — a new high-quality primary school, — an affordable non-commercial, not-for-profit nursery to be run by Harmony which is a voluntary sector social enterprise, — an adult education centre, — a youth zone to be operated by Hammersmith and Fulham Youth Zone, — an office building, — two separate blocks of residential social and intermediate housing units, — a separate block of private residential and intermediate housing units and all associated infrastructure. Additional information: The Council is not contracting on behalf of other contracting authorities.

Award Detail

1	Edcity Development (London) EdCity Master Development Agreement Reference: 022988-2021-1 Value: £148,473,912

Award Criteria

Not Applicable Under Regulation 32(b)(iii)	N/A
price	N/A - Regulation 32(b)(iii)

CPV Codes

45210000 - Building construction work
45000000 - Construction work
45110000 - Building demolition and wrecking work and earthmoving work
45111000 - Demolition, site preparation and clearance work
45111100 - Demolition work
45111200 - Site preparation and clearance work
45111213 - Site-clearance work
45111240 - Ground-drainage work
45111250 - Ground investigation work
45111290 - Primary works for services
45200000 - Works for complete or part construction and civil engineering work
45211000 - Construction work for multi-dwelling buildings and individual houses
45211100 - Construction work for houses
45211300 - Houses construction work
45211340 - Multi-dwelling buildings construction work
45211341 - Flats construction work
45211350 - Multi-functional buildings construction work
45211360 - Urban development construction work
45212000 - Construction work for buildings relating to leisure, sports, culture, lodging and restaurants
45212100 - Construction work of leisure facilities
45212170 - Entertainment building construction work
45212171 - Entertainment centre construction work
45212172 - Recreation centre construction work
45212200 - Construction work for sports facilities
45212220 - Multi-purpose sports facilities construction work
45212310 - Construction work for buildings relating to exhibitions
45212312 - Exhibition centre construction work
45212320 - Construction work for buildings relating to artistic performances
45212321 - Auditorium construction work
45212322 - Theatre construction work
45212330 - Library construction work
45212340 - Lecture hall construction work
45212411 - Hotel construction work
45212412 - Hostel construction work
45212413 - Short-stay accommodation construction work
45212420 - Construction work for restaurants and similar facilities
45212421 - Restaurant construction work
45212500 - Kitchen or restaurant conversion
45213000 - Construction work for commercial buildings, warehouses and industrial buildings, buildings relating to transport
45213110 - Shop buildings construction work
45213111 - Shopping centre construction work
45213112 - Shop units construction work
45213150 - Office block construction work
45214100 - Construction work for kindergarten buildings
45214200 - Construction work for school buildings
45214300 - Construction work for college buildings
45214310 - Vocational college construction work
45214320 - Technical college construction work
45214400 - Construction work for university buildings
45214420 - Lecture theatre construction work
45214500 - Construction work for buildings of further education
45214600 - Construction work for research buildings
45214610 - Laboratory building construction work
45214700 - Construction work for halls of residence
45215210 - Construction work for subsidised residential accommodation
45215212 - Retirement home construction work
45215213 - Nursing home construction work
45215214 - Residential homes construction work
45215220 - Construction work for social facilities other than subsidised residential accommodation
45215221 - Daycare centre construction work
45223200 - Structural works
45223500 - Reinforced-concrete structures
45232140 - District-heating mains construction work
45232141 - Heating works
45232142 - Heat-transfer station construction work
45251200 - Heating plant construction work
45251250 - District-heating plant construction work
45262640 - Environmental improvement works
45311000 - Electrical wiring and fitting work
45311200 - Electrical fitting work
45331000 - Heating, ventilation and air-conditioning installation work
45332000 - Plumbing and drain-laying work
45440000 - Painting and glazing work
45500000 - Hire of construction and civil engineering machinery and equipment with operator
70000000 - Real estate services
70110000 - Development services of real estate
70112000 - Development of non-residential real estate
70330000 - Property management services of real estate on a fee or contract basis
70332000 - Non-residential property services
70332200 - Commercial property management services
71200000 - Architectural and related services
71210000 - Advisory architectural services
71220000 - Architectural design services
71221000 - Architectural services for buildings
71222000 - Architectural services for outdoor areas
71240000 - Architectural, engineering and planning services
71300000 - Engineering services
71311200 - Transport systems consultancy services
71311210 - Highways consultancy services
71311300 - Infrastructure works consultancy services
71312000 - Structural engineering consultancy services
71313000 - Environmental engineering consultancy services
71313200 - Sound insulation and room acoustics consultancy services
71313400 - Environmental impact assessment for construction
71313410 - Risk or hazard assessment for construction
71313440 - Environmental Impact Assessment (EIA) services for construction
71313450 - Environmental monitoring for construction
98133110 - Services provided by youth associations

Legal Justification

• The works, supplies or services can be provided only by a particular economic operator for the following reason: • protection of exclusive rights, including intellectual property rights Explanation: Absolute Return for Kids (Ark), is a non-exempt charity and company registered in England and Wales and Ark Schools, (also a non-exempt charitable company registered in England and Wales being a multi-academy trust regulated by the Academies Act 2010) has ownership and occupation rights over a substantial part of the Site, pursuant to two leases granted in 2013 and 2015 for 125 years, and operates a primary academy on the Site. Ark is the sole member of Ark schools, therefore Ark (through Ark schools) has exclusive rights over the Site. The Council therefore genuinely believes that the Council is able to award the contract for the redevelopment of the Site at Australia Road to EdCity Development Ltd, a subsidiary of Ark, following use of the negotiated procedure without prior publication of a notice within Regulation 32(b)(iii) of the Public Contracts Regulations 2015, because the Council can award the contract to an Ark controlled entity only, but not to any 5 / 6 other contractor, for reasons connected with protection of Ark School's exclusive rights as leaseholder. Ark Schools (of which Ark is the sole member) and EdCity Office (a company limited by guarantee and a wholly owned subsidiary of Ark) wish to procure/facilitate the redevelopment of the Site as a mixed-use scheme in two phases, as described in paragraph II 1.4) above. To that end, Ark Schools and EdCity Office intend to enter into the Master Development Agreement with two further parties: (i) the contracting authority (which is the reversionary freehold owner of the Site) as facilitator and part-funder of the Works; and (ii) EdCity Development Ltd (a company limited by shares and a wholly-owned subsidiary of Ark) as the development arm of the Ark organisation. The MDA is thus a works contract which is proposed to be entered into between four parties, comprising three different entities within Ark's control and the Council and the relevant works are to be procured principally for the benefit of Ark Schools, its associated companies and the Council. The contracting authority is willing to enter into the MDA with Ark Schools, EdCity Office and EdCity Development Ltd because: (i) it is the reversionary freehold owner and it wishes to secure efficient use of the Site; (ii) as a local authority with education duties it wishes to facilitate the provision of educational facilities; (iii) as a local authority it wishes to secure regeneration within its administrative area; (iv) as local housing authority with strategic responsibility to enable its administrative area's housing needs to be met, it wishes to part-fund the works. Accordingly, the Council is entering into a Master Development Agreement and related agreements for surrenders and leases and other agreements with EdCity Development Ltd under which EdCity Development Ltd will redevelop the existing Ark Swift primary academy site in two phases. EdCity Development Ltd intends to award the Works contract to Bowmer and Kirkland.