Purpose

Contract to provide risk assessments, monthly
monitoring and six monthly servicing (the CYPD buildings, except
Special Schools and Children’s Centres, are every 12 months
servicing) of Thermostatic mixing valves, to ensure that all water
systems within premises operated by the authority meet the
requirements as detailed within the approved code of practice L8
‘Legionnaires Disease

Decision

The Assistant Director of
Property and Investment has approved the commencement of
a
compliant procurement exercise for the provision of water hygiene
monitoring and risk assessment services in relation to the
Council's land and property with an estimated contract value of
£600,000, over a period of up to four years.
 

Reasons for the decision

Wirral Borough Council
manages an extensive portfolio of properties, many of which contain
water systems that require regular monitoring and testing. To
ensure compliance with the Approved Code of Practice L8 –
Legionnaires’ Disease: The Control of Legionella Bacteria in
Water Systems – the Council must carry out monthly
inspections, water sampling, and statutory servicing of
thermostatic mixing valves. Establishing the means to appoint
qualified contractors to perform these essential tasks is a
critical step in maintaining legal compliance and safeguarding
public health.
 
Currently, the
Facilities Management team delivers both planned and reactive
maintenance services across the Council’s land and property
portfolio, either directly or on behalf of the Council’s
service areas. As part of the Council’s transition to a
Corporate Landlord Model, this team will ultimately assume
responsibility for the maintenance of all Council-owned land and
buildings—excluding schools, which operate under separate
management arrangements.
 
The Council’s
property portfolio comprises a diverse mix of operational and
non-operational assets, including offices, public venues,
commercial and retail properties, regeneration sites, and
schools.
 
The Council has a
statutory obligation to ensure that all its assets comply with
relevant Health and Safety legislation and regulations. Failure to
implement an appropriate solution for water hygiene monitoring and
risk assessment would significantly hinder the Council’s
ability to meet these legal responsibilities.
 

Alternative options considered

There is no viable
“do-nothing” option. The Council must have a contract
in place to ensure compliance with its statutory obligations, as
outlined in this report. Under the Health and Safety at Work etc.
Act 1974, the Control of Substances Hazardous to Health Regulations
2002 (COSHH), and the Approved Code of Practice L8 –
Legionnaires’ Disease: The Control of Legionella Bacteria in
Water Systems – the Council is legally required to manage and
mitigate risks associated with water systems.
 
The Council could look
to let individual pieces of work on a case-by-case basis. This
would present a significant challenge to administer, significantly
increase the cost of administration and would not be satisfactory
for certain works, for example emergency call out. Not
commissioning would generate significant challenges to the
Facilities Management team, impacting their operational
effectiveness, in provision of works and would have significant
implications for the operation of the Council's property portfolio,
which may lead to asset non availability or Health and Safety
implications.
 
The Council could opt
to seek a contractor by way of open tender. This would be very
difficult, and time consuming to deliver and would require
additional resource to implement. An open tender does have the
advantage that local contractors who are not on frameworks may find
it easier to bid, although the volume of work needed to be
delivered by bidders may also discourage bids.
 
Using a framework
would reduce the burden of administering letting the contract. Most
frameworks in this sector are closed frameworks, which would mean
that new providers are prevented from accessing the framework and
bidding on the contract.  This can be
detrimental to businesses that are not already selected for
frameworks. Local contractors are often not on established
frameworks.
 
The Council could
explore other options, for example outsourcing models, however
there is a requirement for a contract to be in place now to enable
delivery of works and any development of a proposal for outsourcing
would need to be properly developed, so the best outcome for the
Council could be achieved and the contract mobilised.