Remediation and Enabling Works Agreement in relation to Bath Western Riverside Phase II

Concepts

• bath
• soil decontamination
• clearance work
• enabling works
• bath western riverside phase ii
• remediation
• a land swap agreement
• the bath western riverside phase ii site
• the bath western riverside phase ii
• a remediation and enabling works agreement

Location

Bath

Description

This is not a tender opportunity. This VEAT is to inform the market of the Council’s intention to enter into a series of contractual arrangements, including a remediation and enabling works agreement (REWA), to support a package of remediation and enabling works at the Bath Western Riverside Phase II site, informally known as the ‘gas lands’ (Site). The works at the Site will be funded by grant monies from the Homes and Communities Agency (Homes England) Housing Infrastructure Fund (HIF). The Council’s long term ambition is the redevelopment of the Site into residential housing. The Site is part owned by the Council and part owned by a housing developer, St William Homes LLP (part of the Berkeley group). The Council is party to a land swap agreement dated 27 January 2022 (LSA) with Berkeley which enables the parties to swap areas of their individual land holdings, as the current land ownership boundaries of the Site limit opportunities for development for both parties. Continues II.2.4 below.

Total Quantity or Scope

II.2.4) Description of the procurement: (nature and quality of works, supplies or services) 1000 characters Continues from II.1.4 above. The LSA once triggered will create two viable development plots. Prior to the triggering of the LSA, the Council and Berkeley propose to complete remediation and enabling works as a single package across the entire Site as part of a joint remediation strategy. The Council’s advises have recommended this is necessary to prevent the cross-contamination of the Site and will in addition create efficiencies for the Council. Under the terms of the REWA, Berkeley shall volunteer to act as Site wide contractor for the benefit of both the land Berkeley currently owns, alongside parts of the Council’s current landholding, which Berkeley will ultimately own once the LSA is triggered (noting that Berkeley alone controls the trigger mechanisms for the swap under the LSA and that there are no scenarios whereby the land swap between the Council and Berkeley under the LSA does not take place). In return for granting Berkeley access to the Council’s land, the REWA will include warranties to the Council for the works that shall accrue only if Berkeley completes the remediation works under the REWA, whenever that may be.

Award Detail

CPV Codes

• 45112340 - Soil-decontamination work
• 45111200 - Site preparation and clearance work
• 45112350 - Reclamation of waste land
• 45112360 - Land rehabilitation work

Indicators

Legal Justification

The Council considers that for the purposes of the PCR the REWA and related agreements constitute a land arrangement between the Council and Berkeley. Land arrangements are outside the scope of the Public Contracts Regulations 2015 (as amended) (“PCR”). There is no positive enforceable obligation for Berkeley to deliver the works under the REWA or any other related agreement. The works to the Council-owned land on the Site are not delivered for the direct economic benefit of the Council but for Berkeley’s own future benefit once it becomes landowner following the land swap under the LSA.

Other Information

The date in V.2.1 below relates to the approval by the Council to proceed with the REWA. The estimated value in V.2.4 and II.1.7 relates to the capital cost of the works to the Council owned land on the Site.