Decision Maker: Corporate Director Children and Young People's Services
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: Yes
Approve the terms of the variation to the PFI
contract for Barlby School
To approve the
•Deed of Amendment to PFI Project Agreement with further
amendments requested by the lenders. The further amendments relate
to the following issues:
o1.During construction performance and unavailability deductions
will not apply to the whole site (as previously).
o2.Unavailability deductions cannot be charged on the new build
classroom block and this includes any time post construction; this
will not be limited to the defects liability period. Unavailability
deductions will apply to the rest of the site; an exception is that
if Latent Defects are found in the Hall extension deductions should
not apply to Hall. These defects will be rectified by
Triton/GFM.
o3.If the Council need to take enforcement action against the
builder, the Council would name borrow from the SPV to pursue the
builder. This is the Council’s sole remedy and the Council
should indemnify SPV from cost, damage or counter challenge from
such action
• Contractor collateral warranty to Authority
• Architect Collateral Warranty to Authority
• C
•authorising the Assistant Chief Executive Legal and
Democratic or persons authorised by them to seal the variation
documents to which the Authority is party, in each case in
accordance with its Constitution.
The Corporate Director – Children and
Young People’s Service has power to exercise all functions of
the LEA and to enter into contracts to facilitate service delivery.
(Scheme of Delegation 3.3 and 4.2 (a)).
The Corporate Director gave officers authority to enter into the
Deed of Variation and related documents on 11 February 2020 (key
decision record CYP10/20) when tender evaluation was now underway
in relation to the proposed expansion. Prior to the awarding of the
contract, the PFI contractor also requires the Council to certify
the contract. The proposed expansion is subject to a Deed of
Variation to the PFI contract, which it is recommended be approved
by Corporate Director CYPS and signed by both parties. This is
required by the PFI provider to be certified pursuant to the Local
Government (Contracts) Act 1997.
A contractor has now been chosen, the contractual documentation is
being finalised and a schedule of works produced.
None.
Publication date: 02/11/2022
Date of decision: 01/11/2022
Effective from: 10/11/2022
Accompanying Documents: