Works - 447932-2020

23/09/2020    S185

United Kingdom-London: Construction work

2020/S 185-447932

Modification notice

Modification of a contract/concession during its term

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority/entity

I.1)Name and addresses
Official name: London and Continental Railways Ltd
Postal address: 20 Cranbourn Street, 2nd Floor
Town: London
NUTS code: UKI LONDON
Postal code: WC2H 7AA
Country: United Kingdom
Contact person: RPS Group PLC
E-mail: WaterlooRetail@rpsgroup.com
Telephone: +44 2036910500
Internet address(es):
Main address: https://lcrproperty.co.uk/

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

Waterloo Retail

Reference number: N201700009
II.1.2)Main CPV code
45000000 Construction work
II.1.3)Type of contract
Works
II.2)Description
II.2.3)Place of performance
NUTS code: UKI LONDON
Main site or place of performance:

London.

II.2.4)Description of the procurement at the time of conclusion of the contract:

London and Continental Railways Ltd (LCR) sought a contractor to undertake the retail redevelopment of the former Waterloo International Terminal (WIT) for retail fit-out by incoming tenants. The procurement followed a competitive dialogue process which was intended to be a brief and focused period to discuss amongst other topics logistics and methodology.

II.2.7)Duration of the contract, framework agreement, dynamic purchasing system or concession
Start: 01/09/2018
End: 27/08/2021
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no

Section IV: Procedure

IV.2)Administrative information
IV.2.1)Contract award notice concerning this contract
Notice number in the OJ S: 2018/S 211-481539

Section V: Award of contract/concession

Contract No: N201700009
Title:

Waterloo Retail

V.2)Award of contract/concession
V.2.1)Date of conclusion of the contract/concession award decision:
25/10/2018
V.2.2)Information about tenders
The contract/concession has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor/concessionaire
Official name: ISG Construction Ltd
Postal address: Aldgate House, 33 Aldgate High Street
Town: London
NUTS code: UKI LONDON
Postal code: EC3N 1AG
Country: United Kingdom
Internet address: www.isgplc.com/en
The contractor/concessionaire is an SME: no
V.2.4)Information on value of the contract/lot/concession (at the time of conclusion of the contract;excluding VAT)
Total value of the procurement: 41 740 609.00 GBP

Section VI: Complementary information

VI.3)Additional information:

Go reference: GO-20181029-PRO-13463224.

VI.4)Procedures for review
VI.4.1)Review body
Official name: High Court of England and Wales
Postal address: Royal Courts of Justice, Strand
Town: London
Postal code: WC2A 2LL
Country: United Kingdom
Telephone: +44 2079477882
Internet address: www.justice.gov.uk
VI.4.2)Body responsible for mediation procedures
Official name: High Court of England and Wales
Postal address: Royal Courts of Justice, Strand
Town: London
Postal code: WC2A 2LL
Country: United Kingdom
Telephone: +44 2079477882
Internet address: www.justice.gov.uk
VI.4.4)Service from which information about the review procedure may be obtained
Official name: High Court of England and Wales
Postal address: Royal Courts of Justice, Strand
Town: London
Postal code: WC2A 2LL
Country: United Kingdom
Telephone: +44 2079477882
Internet address: www.justice.gov.uk
VI.5)Date of dispatch of this notice:
18/09/2020

Section VII: Modifications to the contract/concession

VII.1)Description of the procurement after the modifications
VII.1.1)Main CPV code
45000000 Construction work
VII.1.2)Additional CPV code(s)
VII.1.3)Place of performance
NUTS code: UKI LONDON
VII.1.4)Description of the procurement:

As described in the original contract notice published on 23/01/2018 (OJEU Reference: 2018/S 015-030086).

VII.1.5)Duration of the contract, framework agreement, dynamic purchasing system or concession
Start: 01/09/2018
End: 27/08/2021
VII.1.6)Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: 57 740 610.00 GBP
VII.1.7)Name and address of the contractor/concessionaire
Official name: ISG Construction Ltd
Postal address: Aldgate House, 33 Aldgate High Street
Town: London
NUTS code: UKI LONDON
Postal code: EC3N 1AG
Country: United Kingdom
Internet address: www.isgplc.com/en
The contractor/concessionaire is an SME: no
VII.2)Information about modifications
VII.2.1)Description of the modifications
Nature and extent of the modifications (with indication of possible earlier changes to the contract):

The Deed of Variation entered into between LCR and ISG on 19 August 2020 included various amendments which can be grouped as follows:

Dilapidation works

It has become necessary for dilapidation works to be carried out to certain enabling works previously carried out on the site by another contractor. It was not possible for LCR to have foreseen that these dilapidation works would become necessary as neither LCR nor ISG could have entered the site during the previous contractor's occupation. LCR considers that the inclusion of these dilapidation works in the Deed of Variation is permissible under Regulation 72(1)(b) as set out in VII.2.2) below.

LCR Changes

This relates to four items: the movement of the original management suite and control room and staff welfare; revised location of waste compactor; and altered toilet entrance. The value also includes some abortive works costs and additional demolition works required. Some of these items stem from certain asset management decisions, related to a roof leak and the fact that some alternative space is now available which was not known about at tender stage. LCR considers that the inclusion of these works in the deed of variation is permissible under Regulation 72(1)(b) as set out in VII.2.2) below.

Other contract instructions

There are further modifications which fall within Regulation 72(5) as their value is below the relevant threshold for public works contracts and is less than 15 % of the original contract value.

Contractor loss and expense

The contractor will be reimbursed for the delays to the completion of the works in line with the terms of the contract. LCR considers that these changes are not substantial within the meaning of Regulation 72(8).

No earlier changes have been made to the contract.

VII.2.2)Reasons for modification
Need for additional works, services or supplies by the original contractor/concessionaire (Art. 43(1)(b) of Directive 2014/23/EU, Art. 72(1)(b) of Directive 2014/24/EU, Art. 89(1)(b) of Directive 2014/25/EU)
Description of the economic or technical reasons and the inconvenience or duplication of cost preventing a change of contractor:

Dilapidation works — GBP 4 492 605: In order for the project to continue, LCR has instructed ISG to remedy the dilapidation works. ISG now has possession of the site, and so it would not be possible for another contractor to carry out the dilapidation works as a change in contractor would result in a breach of the lease conditions. A change in contractor would also cause significant inconvenience for LCR now that ISG has possession of the site. The value of the dilapidation works is less than 50 % of the original contract value. LCR Changes — GBP 1 627 097: another contractor would not be able to do the work described in VII.2.1) above as this would breach the lease conditions since ISG have possession of the site. A change in contractor would also lead to significant inconvenience for LCR. The value of these changes is less than 50 % of the original contract value.

VII.2.3)Increase in price
Updated total contract value before the modifications (taking into account possible earlier contract modifications and price adaptions and, in the case of Directive 2014/23/EU, average inflation in the Member State concerned)
Value excluding VAT: 41 740 610.00 GBP
Total contract value after the modifications
Value excluding VAT: 57 740 610.00 GBP