COURTS BUNDLE PPP PROJECT MARKET LAUNCH DAY
Kilkenny Courthouse, 13th May 2014
WELCOME AND OVERVIEW BRENDAN RYAN CHIEF EXECUTIVE OFFICER, COURTS SERVICE
Introduction & Opening address
Introduction by Mr. Brendan Ryan, CEO of the Courts Service
Address by the Hon. Mrs. Justice Susan Denham, Chief Justice
Courts Bundle PPP Project Overview
Paul Burns, Head of Infrastructure Services Directorate, Courts Service
Courts PPP Bundle Procurement Overview
Damian Duffy, Senior Project Manager, NDFA
Philip Ryan, Senior Financial Analyst, NDFA
Overview
COURTS BUNDLE PPP PROJECT INTRODUCTION BRENDAN RYAN CHIEF EXECUTIVE OFFICER, COURTS SERVICE
COURTS BUNDLE PPP PROJECT ADDRESS BY THE HON. MRS. JUSTICE SUSAN DENHAM, CHIEF JUSTICE
COURTS BUNDLE PPP PROJECT PROJECT AND SITE OVERVIEW PAUL BURNS HEAD OF INFRASTRUCTURE SERVICES DIRECTORATE, COURTS SERVICE
Department of Justice & Equality:
Sanctioning Authority
Courts Service:
Sponsoring Authority and End User
NDFA:
Contracting Authority and State’s Financial Advisor
The Roles of the Parties
Courts Service Act 1998:
Courts Service established November 1999
Courts Service mission is:
“To manage the courts, support the judiciary and provide a high-quality and professional service to all users of the courts”
Courts Service functions are:
to manage the courts
to provide support services for the judges
to provide information on the courts system to the public
to provide, manage and maintain court buildings
to provide facilities for users of the courts
Courts Service
We want our court buildings to support the administration of justice, to allow us to provide quality services to court users and to present an appropriate image of the courts to the public
Since 1999 significant investment has been made in providing new and refurbished court facilities: one of the most recent was Kilkenny
These have been procured both through traditional capital procurement and by way of Public Private Partnership in the case of the Criminal Courts of Justice in Dublin
A major rationalisation of smaller venues has also taken place
The availability of appropriate facilities for all court users with separate circulation routes is an important feature of courthouse design and operation
The designs produced by the Office of Public Works for the 7 projects address these requirements
In the 7 locations covered by the Courts Bundle, the existing court facilities are poor and in need of significant improvement, in both capacity and in the availability and standard of facilities
Courts Service Building Programme
SITE OVERVIEW
*Areas are indicative
Location Courthouse Buildings Total * Area (m2)
Letterkenny, Co. Donegal
A new courthouse to accommodate four courtrooms and associated facilities to be constructed on a town centre site close to the existing courthouse
5,027
Drogheda, Co Louth
A new courthouse consisting of two courtrooms and associated facilities to be constructed on a landmark town centre site adjacent to the river Boyne
1,354
Mullingar, Co. Westmeath
The refurbishment and extension of the existing historic courthouse in Mullingar to accommodate three courtrooms, improved custody facilities, court offices and associated facilities.
3,320
Limerick City
A new criminal courthouse to be built on a site adjacent to Limerick Prison, to include six courtrooms, custody facilities, court offices and associated facilities
7,609
Project Scope
*Areas are indicative
Project Scope cont’d
Location Courthouse Buildings Total * Area (m2)
Wexford Town
The refurbishment and extension of an existing landmark building to provide a new courthouse for Wexford Town consisting of four courtrooms, custody facilities, court offices and associated facilities
4,680
Waterford City
The refurbishment and extension of the existing historic courthouse in Waterford to accommodate six courtrooms, improved custody facilities, court offices and associated facilities.
6,392
Cork City
The refurbishment and extension of the existing landmark courthouse building at Anglesea Street to accommodate six courtrooms, improved custody facilities, court offices, the regional office and associated facilities.
8,490
Totals 36,872
SITE DRAWINGS AND PERSPECTIVES
DESCRIPTION
NEW COURTHOUSE TO ACCOMMODATE FOUR COURTROOMS AND ASSOCIATED FACILITIES TO BE CONSTRUCTED ON A TOWN CENTRE SITE CLOSE TO THE EXISTING COURTHOUSE.
AREA 5,027M2
LETTERKENNY COURTHOUSE High Road, Letterkenny, Co. Donegal
DESCRIPTION
NEW COURTHOUSE CONSISTING OF TWO COURTROOMS AND ASSOCIATED FACILITIES TO BE CONSTRUCTED ON A LANDMARK TOWN CENTRE SITE ADJACENT TO THE RIVER BOYNE.
AREA 1,354M2
DROGHEDA COURTHOUSE Wellington Quay, Drogheda, Co. Louth
DESCRIPTION
NEW COURTHOUSE TO ACCOMMODATE THREE COURTROOMS AND ASSOCIATED FACILITIES. THE DEVELOPMENT WILL CONSIST OF AN EXTENSION TO THE REAR AND SIDES OF THE EXISTING COURTHOUSE, AND ADAPTATION OF THE EXISTING BUILDING.
AREA c3,320 sq.m.
MULLINGAR COURTHOUSE Mount Street, Mullingar, Co Westmeath
DESCRIPTION
NEW CRIMINAL COURTHOUSE TO BE BUILT ON A SITE ADJACENT TO LIMERICK PRISON, TO INCLUDE SIX COURTROOMS, CUSTODY FACILITIES, COURT OFFICES AND ASSOCIATED FACILITIES.
AREA 7,609M2 (INCL. 259M2 REFURBISHMENT)
LIMERICK COURTHOUSE Mulgrave Street, Limerick City
DESCRIPTION
NEW COURTHOUSE TO ACCOMMODATE FOUR COURTROOMS AND ASSOCIATED FACILITIES TO BE CONSTRUCTED ON THE SITE OF THE EXISTING MUNICIPAL OFFICES AT WYGRAM PLACE, AND ADAPTATION OF THE EXISTING MUNICIPAL OFFICES BUILDING.
AREA c4,680 sq.m.
WEXFORD COURTHOUSE Wygram Place, Davitt Road North, Wexford, Co. Wexford.
DESCRIPTION
REFURBISHMENT AND EXTENSION OF THE EXISTING HISTORIC COURTHOUSE IN WATERFORD TO ACCOMMODATE SIX COURTROOMS, IMPROVED CUSTODY FACILITIES, COURT OFFICES AND ASSOCIATED FACILITIES.
AREA 6,392M2 (INCL. 1,798M2 REFURBISHMENT)
WATERFORD COURTHOUSE Catherine Street, Waterford
DESCRIPTION
REFURBISHMENT AND EXTENSION OF THE EXISTING LANDMARK COURTHOUSE BUILDING AT ANGLESEA STREET TO ACCOMMODATE SIX COURTROOMS, IMPROVED CUSTODY FACILITIES, COURT OFFICES, THE REGIONAL OFFICE AND ASSOCIATED FACILITIES.
AREA 8,490M2 (INCL. 1,556M2 REFURBISHMENT)
CORK COURTHOUSE Anglesea Street, Cork City
Planning
The planning scheme for the Project in accordance with Part 9 of the Planning and Development Regulations 2001 to 2013.
Part 9 planning approvals have been obtained for all sites.
Licence to occupy site
All sites to be vacated by Authority prior to contract award and licence provided in accordance with contract for PPP Co. to execute contract.
Design Intent
Drawings to be included as appendix to Schedule 3 (Works Requirements)
Outlines Courts Service requirements in terms of inter alia layouts and adjacencies
Project Details
PROCUREMENT OVERVIEW DAMIAN DUFFY SENIOR PROJECT MANAGER, NDFA
NDFA Act 2002:
NDFA established January 2003
Acts as the State’s Financial Adviser for all public investment projects greater than €20 million in value (PPP & Non PPP)
NDFA (Amendment) Act 2007:
Role expanded to be the procurement & delivery authority for PPP Projects, excluding local authority and transport PPPs
Currently progressing the procurement of some €2.25 billion worth of PPP projects within the education, justice and health sectors.
NDFA manages the process through procurement and construction to Service Commencement (“turnkey”)
NTMA (Amendment) Bill 2014:
Establishment of ISIF / Statutory basis for NewEra / Streamline NTMA Corporate Structures
National Development Finance Agency
Status of PPP Stimulus Programme
Building Project
Tender notice published
Expressions of Interest received
Tenders
Schools Bundle 4
Schools Bundle 5 ITN Q2 2014
GDA-DIT PPP ITN Issued
Primary Health Care ITN Q2 2014
Courts Bundle PPP 12 June 2014 ITN Q3 2014
Garda (Police) PPP Withdrawn: to progress with direct Exchequer funding
The Authority’s Project Team for the Project consists of:
Project & Procurement Management NDFA
Financial Advisor NDFA
Legal Advisor McCann FitzGerald
Insurance Advisor Willis
Technical Advisors
Architect/Planner Office of Public Works
Civil & Structural Engineering RPS
Mechanical, Electrical & ICT Office of Public Works
PSDP Office of Public Works
Quantity Surveyor Cyril Sweett
End user representation Courts Service
Authority Project Team
Pre-Procurement phase – Courts Service
Suitability for PPP procurement reviews
Outline Business Case
Policy issues and land title due diligence
Design Intent in development
Part 9 planning obtained
Output Specification preparation
Public Sector Benchmark (incl. Affordability Test)
Site Surveys e.g. Geotechnical /Topographical /Archaeological
Procurement Process and Programme
Procurement phase – National Development Finance Agency
Procurement in accordance with Directive 2004/18/EC and S.I. 329 2006
Courts Bundle PPP Project is being procured by means of the Negotiated procedure
Prior Information Notice published in OJEU on 8th April 2014
Pre-Qualification process commenced with Contract Notice publication in the OJEU on 17th April 2014 (closing date for submissions is 12th June 2014)
Invitation to Negotiate (ITN) and Project Agreement documentation all well advanced.
Procurement process, ITN and Project Agreement will follow a similar format to that of recent Projects i.e. Schools Bundle 3 PPP and also that being used on the more recent Stimulus Package PPPs (SB4&5 / Grangegorman-DIT).
Social and employment clauses to be included / Initiatives for SMEs i.e. Meet-the-Buyer
BIM will be a requirement for Project delivery but modelling will not be required during the Tender phase.
Procurement Process and Programme
Summary of anticipated procurement procedure and indicative timescales:
Stage 1: Pre-Qualification of 3 Candidates (17 weeks):
Stage 2: Consultation Period (c. 22-24 weeks): Issue ITN (c. September 2014)
ITN stage submissions & consultation meetings (Technical and Legal/Financial)
Submit Tenders (c. March 2015)
Stage 3: Tender Evaluation and PT Period (target 6 months) Tender evaluation and Preferred Tenderer appointment Secure Funding
Proceed to Financial Close and Contract Award (Q4 2015)
Overall duration target – 20 months
Procurement Process and Programme
Part 9 planning in place for each site, tenderers to adhere to same
Design Intent provided outlining layouts and adjacencies
Use of self-declarations in prequalification submissions
Reduced level of detail required to be submitted at Tender
E.g. Issue common elements once
Tender Cost Reimbursement provision
Policy decision agreed by Government in December 2012 - Reimbursement of part-tender costs for all tenderers in event of project cancellation - Reimbursement of part-tender costs to unsuccessful tenderers (with compliant tender)
Initiatives to reduce Tender Cost
OVERVIEW OF DEAL STRUCTURE AND FUNDING PHILIP RYAN SENIOR FINANCIAL ANALYST, NDFA
25 year Design Build Finance & Maintain PPP Contract
Standard risk allocation
PPP Co. remunerated by a monthly Unitary Charge paid by the Courts Service
Construction contract value estimated at circa Ex VAT €120m
Construction and Availability risk passed to PPP Co.
No payment of unitary charge until construction is completed and services commence
Availability Based deductions
Service Performance deductions
Exception of Latent Defects on existing structures
Change in Law to reflect PF2 developments
Overview of Deal Structure
25 year service period, expected to include all aspects of
Caretaking & Porterage
Cleaning
Building & asset maintenance
Waste Management
Pest Control
Security (passive)
Energy management
Grounds maintenance
Life cycle replacement (Fixtures, Fittings, Building)
IT cabling and infrastructure
Facilities Management
CEB / ISIF funding possibilities
Up to 50% of debt funding
Subject to final approval
Authority term sheet envisaged at Tender evaluation stage
Debt funding finalised in PT stage
Authority open to bank debt and institutional funding solutions
deliverability and value for money key considerations
No government equity participation envisaged
Funding
Concession period of 25 years from Service Commencement Date
Method of Payment
Unitary Charge
Paid monthly
Construction and Availability risk passed to PPP Co.
No payment of unitary charge until construction is completed and services commence
Availability Based deductions
Service Performance deductions
Payment Mechanism
Part 9 planning in place
Design Intent setting out Authority requirement
Tender cost reimbursement arrangements
Potential funding solutions available
Contract Notice issued 17 April 2014 – Submissions due 12 June 2014
Queries to [email protected]
NDFA Website > Tender Competitions : Project Information and Market Updates
Closing Comments
Q & A