Issue - meetings

This report sought approval from Cabinet for the award of a contract to appoint a licensed asbestos removal contractor to undertake various remedial works that includes encapsulation of asbestos containing materials, removal and clearance of any asbestos debris in accordance with the Control of Asbestos Regulations 2012 to both residential and corporate buildings managed by the Council. This will ensure that the Council meets its legal duties under the Health and Safety at Work Act.

Appendix A is not for publication on the basis that it contains information relating

to the financial or business affairs of any particular person (including the authority holding that information) as set out in paragraph 3 of Schedule 12A of the Local Government Act 1972 (as amended).

RESOLVED

1. To approve the award of a contract to Contractor A, pursuant to a call off from the London Construction Program (LCP) Dynamic Purchasing System (DPS), as allowed under CSO 7.01(b) for Asbestos Remediation Works, over a period of 4years commencing September 2023 and ending September 2027, for a maximum value of £939,464.00 (consisting of estimated spend for variable volume work, priced against bespoke prices). The form of contract will be the [JCT Measured Term Contract (MTC) 2016].

2. To also approve the issue of a letter of intent to the preferred contractor for an amount of up to, but not exceeding £93,946.40 which represents 10% of the

contract sum. This would enable mobilisation of the contract whilst the contract

documentation is finalised.

Reasons for decision

1.    The Council requires an asbestos remediation contractor to ensure that all residents, employees, and contractors are kept safe whilst living, visiting, or working in buildings that we manage which may contain asbestos materials.

2.    The Council has a legal duty to ensure that they are compliant with the management of asbestos in accordance with the Control of Asbestos Regulations 2012.

Alternative options considered:

1.    A do-nothing option would mean the residents living in buildings and staff working in offices with asbestos containing material are at risk of actions from asbestos surveys not being managed with the potential for exposure to asbestos. In addition, the Council would not be compliant with their duties under the Control  of Asbestos Regulations 2012.

2.     It is not feasible to directly employ asbestos removal operatives due to the specialist nature of the work and potential insurance liabilities. The Council is the duty holder for the management of asbestos in their properties and therefore have a legal responsibility to ensure that the work is carried out in a compliant manner.

Asbestos remediation work poses a great deal of risk to the residents and

employees and by using directly employed staff the employer will need a

significant level of investment and a requirement for a 3 year license, public and

private liability insurance and professional indemnity, together with specialist

equipment for removal, testing and monitoring of the immediate and surrounding area where work is taking place.