Decision details

The expansion of Barlby School requires a variation to the PFI Contract dated 30 March 2001 between NYCC and the school provider

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.

Reasons for the decision:

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.

Alternative options considered:


Publication date: 02/11/2022

Date of decision: 01/11/2022

Effective from: 10/11/2022

Accompanying Documents: