Decision

RESOLVED
that:
 
A    
A variation of the contract be agreed by a total sum
of £605,971.77 as permitted under
the PCR 2015 Regulation 72, which allows modification of
contracts where the value does not materially alter the overall
nature of the contract and remains proportionate to the original
scope.

 
B    
This justification for a contract modification is
also permitted under the Councils Constitution Part 4 - Article 8 -
Contract Standing Order Paragraph 26 Extending a Contract -
26.1 & 26.3. and 27 Modifications
paragraph 27.1,27.2, & 27.3.

Reasons for the decision

To maintain continuity, avoid
significant demobilisation/ remobilisation costs, preserve
established resident relationships, and secures delivery ahead of
the statutory March 2026 compliance deadline. In addition, the
incumbent contractor (Chas Berger) is currently mobilised across
the 3 sites/estates, with scaffolding, resident liaison officers,
and site setups already in place where they are delivering FRA
– XRD works.

Alternative options considered

Do nothing: Withdrawing the work would result in continued
deterioration of the building. While ongoing maintenance would
still be required, key fire safety recommendations would remain
unaddressed, exposing the Council to potential legal non-compliance
with statutory obligations, including:
 
·      
Landlord and Tenant
Act 1985
·      
Homes (Fitness for
Human Habitation) Act 2018
·      
Housing Act 2004
(HHSRS)
·      
Regulatory Reform
(Fire Safety) Order 2005
·      
Building Safety Act
2022
·      
Fire Safety (England)
Regulations 2022
·      
Decent Homes
Standard
 
Partial or Reduced Scope: Undertaking works in phases
risks non-compliance with health and safety legislation and
increases overall costs due to site set ups, welfare, other
contractor prelims, and management costs. A full package of works
offers greater cost efficiency.
 
Consultation and Engagement:
As Section 20
consultation does not apply to this workstream, this route is the
most expedient and beneficial to both the Council and the
residents. To ensure value for money and maintain compliance with
our procurement regulations, we propose a contract variation for
the mentioned properties/buildings.