Agenda item

The Cabinet Member for Children, Schools and Families considered the decision making report. The report sought to identify and address building condition and suitability issues across the Education/schools estate.

Due to the urgent nature of the project and termination of its previous contractor it was essential to mobilise a contractor in April 2023 in order to facilitate completion of the original Campsbourne scheme. The original scheme was executed in 2 phases (Phase 1 – Heating distribution system upgrade, loft insulation, flat roof works, masonry repairs and ground floor window replacement works; Phase 2 – Building Fabric, external and mechanical works). The original phase 2 contract is incomplete, which phase 3 addresses.

The Cabinet Member for Children’s Schools and Families RESOLVED:

1.    To approve an Award to Mulalley & Co. Limited to undertake Phase 3c remaining works at Campsbourne Primary School based on their tender price of £827,156.77.

2.    To approve a client contingency as set out in Part B of this report which will be strictly managed under change control governance arrangements. This is in addition to the award value noted in 3.2. Refer to Part B section 3 for the contingency value and total award value.

3.    To note Phases 3a & 3b previously awarded to Mulalley & Co. Limited as a waiver of contract standing orders under delegated powers.

4.    To note a total award for phases 3a, 3b and 3c up to the aggregated value of £1,285,794.48, excluding phase 3c contingency.

5.    To approve the issuance of a letter of intent for up to a value of £100,000.

Reasons for decision

The original contract for these works at Campsbourne Primary School was terminated by the Council on 5 April 2023. Further details are set out in the exempt part of the report.

In order to maintain site set-up, security and scaffolding a contract was awarded to Mulalley & Co. Limited under delegated approval as Phase 3a. Subsequently, an additional waiver for Phase 3b works was approved under delegated authority and a contract issued to the contractor. Refer to paragraph 6.6 for more details regarding scope of work. The final remaining works contract is under consideration in this award report, Phase 3c.

The construction contract award for Phase 3c is to achieve the following:

·    Replacement of remaining windows

·    Window repairs and decorations

·    Design and adaptation of a new reception entrance area

·    Rebuilding of boundary wall and fencing

·    Roof repairs

·    Rain water guttering and downpipe repairs

·    External fabric repairs and decoration

·    New external ramp

·    Extract fan installation

·    Insulation to heating pipework

·    Lightning protection

Due to the project’s urgent nature a direct award is considered to offer the Council best overall value. Mulalley & Co. Limited are a local supplier and LCP Major Works Framework Supplier with a proven track record and have the capacity to undertake the work. The price submitted has been evaluated against market rates and considered acceptable. The direct award was raised via the HPCS.

Due to the above a waiver is requested under CSO 10.01.2(d)ii, i.e., that it is in the Council’s overall interest.

A Cabinet Member decision is required in September 2023 to enable timely

mobilisation and facilitate procurement of longer lead in materials as soon as possible, which will offer greater likelihood of achieving maximum grant funding available.

Alternative Options Considered

Do nothing – a decision not to support this award of construction contract will result in the Councils failure to suitably maintain its education estate by undertaking essential condition improvements. This would increase the likelihood of reactive works which will create greater disruption and cost to the council and potentially result in the loss of education days. All of which would undoubtedly impact on the quality of teaching and learning.

A mini competition (via the DPS or LCP Major Works Framework) was discounted as it was felt negotiating with a contractor would be most efficient due to the urgent need to replace the previous contractor. An independent quantity surveyor and contract administrator is appointed to evaluate all costs to ensure value for money