Hillingdon Council Cabinet Member and Officer Decisions
School Condition Building Programme Latent Defect Works on Schools - RELEASE NO 5
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Democratic Services Location: Phase II Ext: 7655 DDI: 01895 277655 CMD No: 578 To: COUNCILLOR MARTIN GODDARD CABINET MEMBER FOR FINANCE COUNCILLOR JONATHAN BIANCO CABINET MEMBER FOR PROPERTY, HIGHWAYS & TRANSPORT c.c. All Members of th e Property, Highways & Transport Select Committee c.c. Richard Weston, Place Directorate c.c. Perry Scott, Corporate Director of Place Date: 18 August 2022 Non-Key Decision request Form D CAPITAL RELEASE REPORT July 2022 DEPARTMENT: Resident Services SERVICE AREA / PROGRAMME: School Condition Building Programme Latent Defect Works at Hermitage Primary School RELEASE NO: 5 Dear Cabinet Members Attached is a report requesting that a decision be made by you as an individual Cabinet Member. Democratic Services confirm that this is not a key decision, as such, the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 notice period does not apply. You should take a decision on or after Friday 26 August 2022 in order to meet Constitutional requirements about publication of decisions that are t o be made. You may wish to discuss the report with the Corporate Director before it is made. Please indicate your decision on the duplicate memo supplied, and return it to me when you have made your decision. I will then arrange for the formal notice of decision to be published. Anisha Teji Democratic Services Officer Title of Report: School Condition Building Programme Latent Defect Works at Hermitage Primary School RELEASE NO: 5 Decision made: Reasons for your decision: (e.g. as stated in report) Alternatives considered and rejected: (e.g. as stated in report) Signed ………………………………………………………Date…………………….. Cabinet Member for Finance / Cabinet Member for Property, Highways & Transport Capital Release Report – 18 August 2022 (Part 1 Public) CAPITAL RELEASE REPORT July 2022 DEPARTMENT: Resident Services SERVICE AREA / PROGRAMME: School Condition Building Programme Latent Defect Works at Hermitage Primary School RELEASE NO: 5 Cabinet Members Councillor Martin Goddard Councillor Jonathan Bianco Cabinet Portfolios Cabinet Member for Finance Cabinet Member for Property, Highways & Transport Officer Contact Richard Weston, Place Directorate Papers with report Appendix A with capital release requests for approval Contractors to rectify the works HEADLINES Summary To seek Cabinet Member approval for the release of capital funds. Putting our Residents First This report supports the Council objective of strong financial management. Financial Cost This report seeks the release of £175 k from the 2022/23 School Conditions Building Programme budget for the latent defect works at Hermitage Academy School. The works will commence upon release of the funds and are due for completion by October 2022. Relevant Select Committee Property, Highways & Transport Select Committee Ward(s) affected Uxbridge RECOMMENDATIONS That the Cabinet Member for Financ e and the Cabinet Member for Property, Highways & Transport agree to the following capital release request of £175k from the School Conditions Building Programme 2022/23 - 2026/27 five year budget for latent defect works at Hermitage Academy School (Appendix A). Capital Release Report – 18 August 2022 (Part 1 Public) Reasons for recommendation Failure to address the latent defect issues within the school will lead to further damage to the schools’ buildings if left unaddressed and the fabric of the school will not meet mandatory and statutory health and safety requirements. Alternative options considered No alternative has been considered as these works are required to maintain the buildings. Select Committee comments None at this stage. SUPPORTING INFORMATION Background There were multiple contractors procured to carry out the expansion works across the 19 schools, one of which was Lakehouse Contracts. Following the sale of Lakehouse Contracts to Mapps Group it was renamed Sureserve PLC which has subsequently gone into administration. Sureserve PLC (Lakehouse) worked on the expansion at Cherry Lane School, West Drayton Academy and the rebuild and expansion of Hermitage Primary School. There have been several latent defects with the construction works identified, some of which, the contractor had committed to rectifying prior to going into administration. The Council is no longer able to get the defects rectified through the original contractor, so these works are to be funded from the School Condition Building Programme budget. Officers have successfully carried out the latent defects at Cherry Lane. Upon opening the works at Hermitage, additional works are required to remedy the latent defects which could not be identified at first inspection. These works will take place primarily during the summer holidays to minimise disruption and are mainly; due to be completed before the new term commences in September. The remedial works include electrical, roofing and ventilation. It has been extremely difficult tender for specialist contractors to price the works because of the commercial liability issues of working on building systems that have been identified as faulty or incomplete and therefore the costs and responsibilities cannot be quantified accurately. Costs This report seeks the release of £175k in capital funds from the School Condition Programme budget as shown in the table 1 below. Capital Release Report – 18 August 2022 (Part 1 Public) Table 1: Cost Plan School Description Seeking Release (£) Hermitage Building Management System 20,000 Mechanical systems and boilers remedial works including roof plant room and rainwater recycling 15,500 Kitchen ventilation and ductwork fire safety – remedial works 2,300 Folding walls remedial works 5,100 Roof remedial works 60,000 Electrical remedial works 40,600 Electrical consultants 3,400 Internal Fees 13,221 Contingency 14,690 Total £174,811 Financial Implications Schools Conditions Building Programme 202 2/23-2026/27 Budget £19,229k; Devolved to Schools £14k; Previously Released £2,222k; Capital Release Requested £175k – Appendix A The 2022/23 to 20026/27 five year revised programme budget for the Schools Conditions Building Programme totals £19,229k, including £383k rephasing from the 2021/22 budget. This is funded from Schools Conditions Allocation (SC A) capital grant and agreed school contributions in line with Council’s policy. The total revised budget includes £14k that is devolved to schools. The report requests the capital release of £175k from the Schools Conditions Building Programme budget for latent defect works at Hermitage School. The cost plan for the school is based on quotations and includes internal capital programme team fees and contingency at 9% and 10% respectively. The schools contribution policy is deemed not applicable in this situation as the works relate to latent defects arising from the previous expansion at this school and this would normally be rectified by the contractor at no cost to the Council. However, in this case the contractor has gone into liquidation and this is no longer possible. RESIDENT BENEFIT & CONSULTATION The benefit or impact upon residents, service users and communities? Capital Release Report – 18 August 2022 (Part 1 Public) To provide the residents with a school building that is safe and operational. Consultation carried out or required None required. CORPORATE CONSIDERATIONS Corporate Finance Corporate finance concurs with the financial implications above, noting that the latent defects on previous primary school expansions are unable to be recovered from the original contractor and will be funded from the Schools Conditions Building Programme, financed by School Conditions Allocation capital grant. Legal The Borough Solicitor confirms that the Council is responsible for carrying out this function pursuant to Section 16 of the Education Act 1996. Thus, there are no legal impediments to the capital release being authorised, although any contract that is entered into must comply with the Council's Procurement and Contract S tanding Orders. Infrastructure / Asset Management Infrastructure / Asset Management authored this report Capital Release Protocol The release of all capital funds, and certain revenue funds, held by the Council is to be made by a formal democratic decision. No expenditure can be placed or committed by officers until this formal approval is given by Democratic Services. Release of funds must be for identified projects only and strictly not for the general release of funds for projects to be identified at a later date. No block releases of capital or funding will be allowed, except if authorised by the Leader of the Council in advance to Corporate Finance. The release of funds will only be made if previous Council, Cabinet or Cabinet Member agreement has been given to the project and only if there is an approved budget. BACKGROUND PAPERS NIL Capital Release Report – 18 August 2022 (Part 1 Public) APPENDIX A Schools Conditions Programme 2022/23 - 2026/27 - Schools Latent Defect Works - Release No 5. Location Project / Expenditur e Title Information Funds Release Sought £000’s Approve Hold More Information Required Hermitage Academy School Latent Defect Works 175 Total seeking release 175 Previously released 2,222 Devolved to Schools 14 Budget 19,229 Remaining budget 16,818 Contractors to rectify the works There are difficulties in procuring specialist contractors for this work. Requirements to share provision with the Academy mean that that permission for exceptions to the procurement rules is needed to employ the following to do the defect work: TREND BIM System Powell Engineering TREND authorised. The original installer of the Phase One Trend system and designer. Use this provider to maintain guarantees and warranties on the system. Fire detection and sprinklers Bridge Fire Systems Existing provider selected by the school to maintain all fire systems. LBH measured term contractor for fire detection systems. Paving O'Hara's LBH measured term contractor Drainage CRR Ltd LBH measured term contractor Roofing John McGuiness Roofing LBH measured term contractor Folding walls Pro-servicing Ltd Existing provider selected by the school to maintain all folding wall systems. Authorised installer and maintainer in compliance with fire regulations, also authorised supplier for manufacturer of the doors. Electrical testing and remedial works MEM Electrical Ltd LBH MTC PFL have declined all previous requests for remedial works. MEM was appointed by the school for cyclical testing. They are sensibly the only company that can complete the remedial works. Companies are declining to quote for remedial works because of the Capital Release Report – 18 August 2022 (Part 1 Public) professional liability issues, involved in taking responsibility of an unknown system that is not safe. Ventilation HMAV Ltd The only company that would quote for the remedial works and an existing LBH contractor Gates and fencing Drayton Fencing LBH Contractor Mechanical systems KDH Existing provider selected by the school to maintain all mechanical systems. Authorised installer and maintainer in compliance with gas regulations.
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Executive Decision Notice – 04 October 2022 Page 1 This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk OFFICIAL EXECUTIVE DECISION NOTICE PUBLISHED BY DEMOCRATIC SERVICES Notice is hereby given that the following decision(s) have been made today by Cabinet Members at the London Borough of Hillingdon: Title of decision CAPITAL RELEASE REPORT July 2022 DEPARTMENT: Resident Services SERVICE AREA / PROGRAMME: School Condition Building Programme Latent Defect Works at Hermitage Primary School RELEASE NO: 5 Reference No. 578 Date of decision Tuesday 4 October 2022 Call-in expiry date 5pm, Tuesday 11 October 2022 Relevant Select Committee Property, Highways and Transport Select Committee Relevant Wards Uxbridge Decision made Cabinet Members making the decision Councillor Jonathan Bianco – Cabinet Member for Property, Highways & Transport Councillor Martin Goddard – Cabinet Member for Finance Approved That the Cabinet Member for Financ e and the Cabinet Member for Property, Highways & Transport agree to the following capital release request of £175k from the School Conditions Building Programme 2022/23 - 2026/27 five year budget for latent defect works at Hermitage Academy School (Appendix A). Reason for decision Failure to address the latent defect issues within the school will lead to further damage to the schools ’ buildings if left unaddressed and the fabric of the school will not meet mandatory and statutory health and safety requirements. Alternative options considered and rejected No alternative has been considered as these works are required to maintain the buildings Classification Part 1 – Public Link to associated report Report. Executive Decision Notice – 04 October 2022 Page 2 This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk Relevant Officer contact & Directorate Richard Weston, Place Directorate Any interest declared by the Cabinet Member(s) / dispensation granted N/A Implementation of decision & scrutiny call-in [Internal Use only] When can this decision be implemented by officers? Officers can implement Cabinet Member decision in this notice only from the expiry of the scrutiny call-in period which is: 5pm, Tuesday 11 October 2022 However, this is subject to the decision not being called in by Councillors on the relevant Select Committee. Upon receipt of a valid call-in request, Democratic Services will immediately advise the relevant officer(s) and the decision must then be put on hold. Councillor scrutiny call-in of this decision Councillors on the relevant Select Committee shown in this notice may request to call-in this decision. The request must be before the expiry of the scrutiny call-in period above. Councillors should use the Scrutiny Call-in App (link below) on their devices to initiate any call-in request. Further advice can be sought from Democratic Services if required: Scrutiny Call-In - Power Apps (secure) Further information These decisions, where applicable, have been taken under The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012. This is the formal notice by the Council of the above executive decision, including links to the reports where applicable. If you would like more information on this decision, please contact Democratic Services on 01895 250636 or email: democratic@hillingdon.gov.uk. Circulation of this decision notice is to a variety of people including Members of the Council, Corporate Directors, Officers, Group Secretariats and the Public. Copies are also placed on the Council’s website. Democratic Services London Borough of Hillingdon Executive Decision Notice – 04 October 2022 Page 3 This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk Civic Centre High Street Uxbridge UB8 1UW