Agenda item

Report of the Director for Children’s Services. To be introduced by the Deputy Leader and Cabinet Member for Children, Education and Families.]

Procurement of a construction contractor to undertake condition and compliance works.

The Cabinet Member for Finance and Strategic Regeneration introduced the report which sought approval for a variation of award to Diamond Build Plc to undertakePhase 3 Fire Precaution and External Fabric Health and Safety Workspursuant to Contract Standing Order 10.02.1 (d) at Fortismere school.

The Cabinet Member outlined that Haringey’s Major Projects were commissioned in July 2020 to deliver urgent compliance and condition work to Fortismere’s sixth form accommodation (windows, fire compartmentation/fire doors, emergency lighting etc). The driver for the work had been Health and Safety inspection which determined the building unsuitable with the potential for not being available for the start of the Autumn Term.

To accommodate this need, officers procured a local contractor to mobilise under a waiver of contract standing orders as there was insufficient time to detail the scope, undertake a mini competition and complete. Diamond Build were duly appointed.

It was noted that Phase 1 was to erect and hire scaffolding – this enabled council to make safe and to provide a platform to inspections and fully scope the works.

It was further noted that Phase 2 consisted of the most urgent items which supported occupation for September. This was achieved with works continuing on site whilst in occupation until the end of November 2020.

Phase 1 and 2 were awarded as a waiver under delegated powers.

Phase 3 was a continuation of this work. Based on total project value of all 3 phases, a Cabinet report was needed as the total sum exceeds officer delegation.

For phase 3 (December 2020 to April 2021), officers’ recommendation is to continue with the initial contractor, Diamond Build, as it created a smooth transition of the programme to minimise operational impact on the school and any potential clash of warranties/defect liabilities. Phases 1 and 2 have also proceeded positively to date.

In response to questions from Cllr Cawley- Harrison,

The Council had the responsibility to inspect all schools for safety concerning building and maintenance.  The AD for Schools and Learning advised that the service were not aware of  other schools which had  similar health and safety works to be completed .  There was an ongoing health and safety inspection process for schools in the borough. If issues were identified they would be dealt with and the cost determined at the point when the works for school were scoped and assessed.

Further to considering exempt information, in which the withdrawal of recommendation  3.4  was agreed,

RESOLVED

1. To approve the variation of an existing award of contact to Diamond Build Plc to undertake Phase 3 fire precaution and external fabric health and safety works to the 6th Form Buildings at Fortismere secondary school as a main contractor for the fixed price sum of £372,336.78.

2. To note Phases 1 & 2 previously awarded to Diamond Build Plc as a waiver of contract standing orders under delegated powers.

3. To approve a total award for all 3 phases of £815,922.7

Reasons for decision

A recent Health and Safety inspection of the school’s 6th form accommodation identified significant condition and compliance issues relating to fire precaution and external fabric health and safety works. This work was assessed by Haringey’s Health and Safety officers as being required prior to the school returning to the buildings for the autumn term in September 2020.

There remains health and safety issues relating to fabric repairs that need to be addressed and the appointment of Diamond Build Plc to complete this work is considered the most economically advantaged approach which will limit the disruption to the school.

Alternative options considered

Use of the LCP Major Works Framework; Education Lot was discounted as this framework is not available for works below £1m.The Dynamic Purchasing System does not permit a direct award. A mini competition was discounted for Phase 1 & 2 as it was considered that negotiating with a contractor would be most efficient in terms of time due to the urgent health and safety nature of the work and economic benefits detailed above.

Competitively tendering the works was discounted as this would create a delay to the overall programme and prolong disruption to the school. This was not considered to offer the Council best value in terms of cost due to need to remove and re-erect scaffolding between phases. Benefits in contractor preliminary costs are also more likely due to a smooth continuation of works. As outlined in section 6 of this report, with Phase 1 & 2 previously awarded and continuing on site until November 2020, it is considered that the most expedient and cost effective procurement method for Phase 3 would be to award a waiver of contract standing orders (as set out in 3.1) to Diamond Build Plc.