Decision Maker: Cabinet Procurement and Insourcing Committee

Outcome: For Determination

Is Key Decision?: Yes

Is Callable In?: Yes

Date of Decision: October 7, 2024

Purpose:

Content: RESOLVED:   To retrospectively approve the Contract Variation of £1,840,237.07 which covers works that have already been completed which can be seen in section 4.4 below, and included replacing the failing terracotta corbel elements of the main roof at Mandeville Primary School as mentioned below in section 5.     Reasons For Decision   1.  During the erection of the scaffold, which was being installed to undertake the original façade project at the beginning of the contract in May 2022, a corner terracotta stone corbel failed and detached itself; it fortunately fell directly onto the scaffold that was in-situ. This incident was recorded and the Health and Safety Executive was notified and a full investigation was conducted from this date by McBains (project consultants) due to it being a near miss incident. It was acknowledged that without the scaffolding being available the fractured stone section could have fallen approximately 75 feet to floor level. 2.  Once the site had reopened in June 2022, an inspection was undertaken by McBains and it was determined that the majority of the terracotta stoneware exhibited similar defects to the failed stone and that all the terracotta to this roof level would require full replacement.  At this juncture discussions were had with the Head of Education Property at the time and the finance team to review the situation, to resolve the immediate health and safety issue, and to resolve the long term situation with the terracotta as well as obtaining best value for the Council. 3.  Between June 2022 and Jan 2023 while the façades project continued (as the areas had been made safe), McBains commissioned two specialist companies to provide advice on how the terracotta replacement could take place and how this would be best managed. During this time the Council’s conservation officer was also consulted as the school is listed. This was in advance of a listed building application. 4.  A full summary of the variations and the design and access statement for the works to the terracotta corbels are included as appendices to this report. 5.  Due to the nature, location and health & safety implications of these works, it was deemed necessary to instruct these works within the existing JCT contract, and in advance of this record of contract variation going before CPIC.  There was also a long lead in time of 25 weeks to measure, order and manufacture the stonework, therefore if the instruction was not given as part of the existing contract a further delay of a minimum of 4 months would have been incurred, which would have further increased the overall project cost and this variation, as well as the impact on the school and its community. 6.  The original completion of the contract was August 2022; through the JCT contract via Extension of Time requests this was adjusted to May 2024. 7.  As part of this contract the council has a contract administrator (McBains) as part of the team. This role includes the day-to-day administration of the project, scrutiny of costs provided by the contractor, all variations submitted for this project and throughout the entire façades programme up to director level.  The contract administrator uses the prices for the works provided in the tender returns as well as similar projects as a comparison. Once this review has been done the contract administrator provides a short summary advising on value for money. 8.  With regards to value for money, there are several things that need to be considered. As stated below, the only alternative to these works taking place were to keep the school shrouded in scaffold indefinitely and pay the ongoing hire costs and maintenance cost of the scaffold.  At the time of instructing the works there was a lead in time of around 25 weeks for the manufacture and delivery of the terracotta, and a factory slot had to be confirmed.  With this in mind, it was felt that the sooner the works could be instructed the sooner the scaffold could be struck.     Alternative Options (Considered and Rejected)   The only other option for these works would have been to leave the scaffold around the whole school indefinitely with the ongoing hire costs being picked up by the Authority. This would not have removed the risk, merely reduced it as the façade would have continued to deteriorate. If it would be helpful, Daniel Hall (Capital Project Manager) can organise a site visit in advance of the meeting to see the completed works and provide further clarification on the works undertaken.