URL: https://moderngov.harlow.gov.uk/ieDecisionDetails.aspx?ID=1021

Decision Maker: Deputy Leader and Portfolio Holder for Housing

Outcome:

Is Key Decision?: Yes

Is Callable In?: Yes

Purpose:

Content: RESOLVED that the most tender submitted by Contractor A (A & E Elkins Limited, company registration number 00846751), is accepted in the revised sum of £535,259.05 (Option 1 in the report) for the delivery of internal and external refurbishment and fire safety works to 86 – 105 Foldcroft based on a twelve-week working programme and ten-week lead in (subject to contract and leaseholder consultation). To enable the Council to enter into a formal contract for refurbishment and fire safety works in compliance with Contracts Standing Orders in line with the Council’s priority to transform Harlow’s Housing. Option 1 (Recommended) - Proceed with the refurbishment work   Proceeding with refurbishment will remedy risks and hazards identified in the fire risk assessment, improve the condition and thermal efficiency of the building structure, communal areas and exterior of the block, thus reducing repairs and maintenance costs and ensuring compliance with the Councils legal obligations as Freeholder and Landlord.   Option 2 - Withdraw the refurbishment work   Withdrawal of the works will result in further deterioration and failure of non-serviceable elements of the building structure, communal areas and exterior of the block.   To mitigate this, the block must be maintained to ensure it is weathertight and therefore habitable, free from defect, disrepair in compliance with the decent home’s standard.   Recommendations from the fire risk assessment won’t be addressed thus Harlow Council will not be meeting their legal obligations to keep residents safe if withdrawn.   Additionally, Harlow Council will not be adhering to the following legal and duty of care requirements as Landlord: -   -       Landlord and Tenant Act 1985 (Section 9 &11) -       Homes (Fitness for Human Habitation) Act 2018 -       Housing Act 2004 (The Housing Health and Safety Rating System (HHSRS)) -       The Regulatory Reform (Fire Safety) Order 2005 -       Building Safety Act 2022 -       The Fire Safety (England) Regulations 2022 -       Decent home standard   Option 3 - Reduce the package/partially undertake the work   Works can be undertaken separately or only partially but there is a risk that this approach would leave Harlow Council open to litigation due to failure to adhere to the legislation detailed above where health and safety issues, failing or deteriorated elements of the building are not addressed.   It is more cost effective to package works together to benefit from the economy of scale and to reduce duplicating or increasing costs that form a package of refurbishment works such as site set up, welfare, contractor prelims, management costs etc. that would be attracted if the works weren’t undertaken collectively.   Option 4 - Use alternative contractor (B, C or D)   The Council award contracts based on the most advantageous tender. We consider, not only price but also quality as follows: - -           evidence of qualifications, experience, method statements and risk management -           how proposed procurements could make local improvements and how these could be delivered via the procurement process -           how what is being procured may improve the economic, social and environmental wellbeing of Harlow and the surrounding areas -           equality, diversity and sustainability issues

Date of Decision: December 19, 2024