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Modification Notice to RFT ID 167188 Mini-Competition under RFT 149758 Lot 2, for the provision of Architect led Integrated Design Team Services for proposed developments at St. Andrew's Court, Dublin 2, Grand Canal Basin, Dublin 8 and Crumlin / Rafter's Road, Dublin 12

This Contract Award Notice is acting as a Modification Notice under Article 72 of 2014/24/EU to RFT ID 167188 Mini-Competition RFT 167188 under framework RFT 149758 Lot 2, for the provision of Architect led Integrated Design Team Services for proposed developments at St. Andrew's Court, Dublin 2, Grand Canal Basin, …

CPV: 71210000 Advisory architectural services, 71317200 Health and safety services, 71317210 Health and safety consultancy services, 71321000 Engineering design services for mechanical and electrical installations for buildings, 71322000 Engineering design services for the construction of civil engineering works, 71324000 Quantity surveying services, 71333000 Mechanical engineering services, 71334000 Mechanical and electrical engineering services, 71351914 Archaeological services, 71400000 Urban planning and landscape architectural services, 90700000 Environmental services, 71220000 Architectural design services, 71221000 Architectural services for buildings, 71300000 Engineering services, 71311000 Civil engineering consultancy services, 71311100 Civil engineering support services, 71312000 Structural engineering consultancy services, 71313000 Environmental engineering consultancy services, 71313420 Environmental standards for construction, 71315210 Building services consultancy services, 71420000 Landscape architectural services

Place of execution:

Modification Notice to RFT ID 167188 Mini-Competition under RFT 149758 Lot 2, for the provision of Architect led Integrated Design Team Services for proposed developments at St. Andrew's Court, Dublin 2, Grand Canal Basin, Dublin 8 and Crumlin / Rafter's Road, Dublin 12

Awarding body:

Dublin City Council

Award number:

1. Buyer

1.1 Buyer

Official name : Dublin City Council

Legal type of the buyer : Local authority

Activity of the contracting authority : General public services

2. Procedure

2.1 Procedure

Title : Modification Notice to RFT ID 167188 Mini-Competition under RFT 149758 Lot 2, for the provision of Architect led Integrated Design Team Services for proposed developments at St. Andrew's Court, Dublin 2, Grand Canal Basin, Dublin 8 and Crumlin / Rafter's Road, Dublin 12

Description : This Contract Award Notice is acting as a Modification Notice under Article 72 of 2014/24/EU to RFT ID 167188 Mini-Competition RFT 167188 under framework RFT 149758 Lot 2, for the provision of Architect led Integrated Design Team Services for proposed developments at St. Andrew's Court, Dublin 2, Grand Canal Basin, Dublin 8 and Crumlin / Rafter's Road, Dublin 12, While applications are invited from multi-disciplinary teams only, it is the intention of Dublin City Council to contract separately with each individual practice in the grouping (where applicable published on the previous eTenders system, prior to the introduction of new TED eForms.

Procedure identifier : 2157bcb1-c6de-4c34-a8b0-39194522c99b

Type of procedure : Other single stage procedure

Justification for the accelerated procedure :

Main features of the procedure :

2.1.1 Purpose

Main nature of the contract : Services

Main classification ( cpv ): 71210000 Advisory architectural services

Additional classification ( cpv ): 71317200 Health and safety services

Additional classification ( cpv ): 71317210 Health and safety consultancy services

Additional classification ( cpv ): 71321000 Engineering design services for mechanical and electrical installations for buildings

Additional classification ( cpv ): 71322000 Engineering design services for the construction of civil engineering works

Additional classification ( cpv ): 71324000 Quantity surveying services

Additional classification ( cpv ): 71333000 Mechanical engineering services

Additional classification ( cpv ): 71334000 Mechanical and electrical engineering services

Additional classification ( cpv ): 71351914 Archaeological services

Additional classification ( cpv ): 71400000 Urban planning and landscape architectural services

Additional classification ( cpv ): 90700000 Environmental services

Additional classification ( cpv ): 71220000 Architectural design services

Additional classification ( cpv ): 71221000 Architectural services for buildings

Additional classification ( cpv ): 71300000 Engineering services

Additional classification ( cpv ): 71311000 Civil engineering consultancy services

Additional classification ( cpv ): 71311100 Civil engineering support services

Additional classification ( cpv ): 71312000 Structural engineering consultancy services

Additional classification ( cpv ): 71313000 Environmental engineering consultancy services

Additional classification ( cpv ): 71313420 Environmental standards for construction

Additional classification ( cpv ): 71315210 Building services consultancy services

2.1.2 Place of performance

Country subdivision (NUTS) : Dublin ( IE061 )

Country : Ireland

2.1.4 General information

Additional information : A tender process carried out by way of mini competition, under the Multi Party Framework for Architect Led Integrated Design Team Services for projects within Dublin City Council’s Administrative Area with an estimated construction value over €15m (ex. VAT). Procurement documentation stated that while applications are invited from multi-disciplinary teams only, it is the intention of Dublin City Council to contract separately with each individual practice in the grouping (where applicable). The O’Donnell + Tuomey Architects led integrated design team was appointed to deliver the proposed developments at St. Andrew's Court (SAC), Dublin 2, Grand Canal Basin (GCB), Dublin 8 and Crumlin / Rafter's Road (CRR), Dublin 12 on March 11th 2021. The totality of contracts awarded under RFT 167188 for integrated design team services amounts to €4,294,688.00 excl. VAT Since the award of the contract and in the course of the development of the designs, the requirement for a number of additional services has arisen. 4 no modifications have taken place the net cumulative value of the successive modifications being 16.8% • Modifications approved by H&CS 1853/2022 increased price by €136,834.00 = 3% of original value of the contracts awarded under RFT 167188 • Modifications approved by H&CS 256/2023 increased price by €275,000.00 = 6.4% of original value of the contracts awarded under RFT 167188 • Modifications approved by H&CS 0465/2024 increased price by €127,165.25 = 3% of original value of the contracts awarded under RFT 16718 • Modifications approved by H&CS 0507/2024 increased price by €189,002.90 = 4.4% of original value of the contracts awarded under RFT 16718. 1. MODIFICATION approved by H&CS 1853/2022 St. Andrew’s Court: In February 2022, after consulting with our planning department it was decided that although Government legislation had permitted greater height in residential buildings, Dublin City Council couldn’t contravene its own development plan. As a result the design team were instructed to reduce the proposed 10 storey element to 7 storeys in St. Andrew’s Court. As the design was near to pre-Part 8 stage this change had significant impact of reworking of drawings, reports and strategy not only for the consultant architects but for the whole design team. Some of these amendments included: • Changes to all planning drawings • Amendment of the fire drawings as sprinklers were no longer required but protected corridors now had to be included • Changes to the structural design • Amendments to the mechanical and electrical layouts and design and updating of the DEAP calculation • Updating of the cost report • Preparation of revised Pre part 8 submission. Crumlin Road/ Rafters Road: In February 2022 at the review of pre-Part 8 drawings it was decided that the internal tower element in the courtyard should be amended. As a result a complete review of the scheme was undertaken and an additional floor was added to one of the blocks to part-compensate for the loss of units in the tower. This reworking resulted again in considerable additional work for the whole design team. Some of this additional work included: • A series of options were prepared outlining how best to compensate for the loss of units • A detailed daylighting assessment was done to see which option best achieved the required standards • Structural analysis was done to see what structural implication each option had • Each option was costed • All architectural, structural, M&E etc. drawings were then amended to reflect the approved option and bring the scheme up to pre-part 8 stage once again 2. MODIFICATIONS approved by H&CS 256/2023: St. Andrew’s Court/ Crumlin Road/Rafters Road Due to unforeseen delays in receiving Stage 2 approval from the Department of Housing, Local Government & Heritage the schemes are now to be lodged to Part 8 under the new Dublin City Council Development plan. The consultants were therefore instructed to amend their designs to take account of the various changes proposed under the new plan including: • Increase in number of UD standard apartments to 25% of total number • More string ent requirements for daylighting • Changes in requirements to lift/stair in light of extra provision of UD units At the same time, following ongoing project review, the design team were also instructed to make the following changes: Change from volumetric to traditional form construction methods For St Andrews Court, omission of commercial unit, omission of landscape, requirements for additional visual impact assessments All of the above amendments required design team services. Justification under Article 72 Article 72 paragraph (2) applies in the case of the MODIFICATIONS 1 and 2 “Article 72 (2) without any need to verify whether the conditions set out under points (a) to (d) of paragraph 4 are met, contracts may equally be modified without a new procurement procedure in accordance with this Directive being necessary where the value of the modification is below both of the following values: • the thresholds set out in Article 4; and • 10% of the initial contract value for service and supply contracts and below 15% of the initial contract value for works contracts. However, the modification may not alter the overall nature of the contract or framework agreement. Where several successive modifications are made, the value shall be assessed on the basis of the net cumulative value of the successive modifications.” 3. MODIFICATIONS approved by H&CS 0465/2024: In June 2023 Dublin City Planning Department received a correspondence advising that the owner of the neighbouring site believed they had a valid possessory claim to some areas of the Dublin City Council development site at St Andrews Court and were going to submit an application to the Land registry to register its claim of ownership to the plots by way of adverse possession. On 24th July 2023 Dublin City Council’s Legal Department received notification from Land Registry that an application under Section 49 of the Registration of Title Act, 1964 had been made by the owner of the neighbouring site for registration as owner of two parts of the Dublin City Council property at St Andrews Court.The design team had to be instructed to have the design proposal modified to move the footprint of the proposed building from the areas of the site which are subject to the adverse possession claim. This required adjusting the setting out of the side of the building that abuts the relevant boundary, adjusting internal layouts and the relocation of some proposed building features such as substations, switchrooms and bike parking. In additional to the design works there is a requirement to amend all previously prepared design documentation such as drawings and reports not only by the consultant architects but by the whole design team. 4. MODIFICATIONS approved by H&CS 0507/2024: In 2021 Proctor Matthews/O’Donnell + Tuomey commenced the design of the proposed residential development for the site at Crumlin Rafters Road. The design and associated design documentation were advanced to meet Part 8 Planning Application requirements and the pre part 8 circulation had commenced. A Stage 2 submission was made to the DHLGH. DHLGH requested the undertaking of a series of value engineering and design review exercises with the outcome being a request to redesign the scheme in order to achieve a Stage 2 budget and approval to proceed to statutory approval stage and tender documentation preparation stage. During the period that the value engineering and design review exercises were being undertaken the new Dublin City Council Development Plan 2022-2028 was adapted. In additional a decision was taken that DCC would not stipulate the use of MMC in delivering the project. The preferred construction approach would be proposed by the contractor at tender stage. These changes have also had an impact on the proposed design and have resulted in the need for modifications. Justification under Article 72 Article 72 paragraph (1) (b) & paragraph (1)(C) applies in the case of modifications 3 and 4 “Article 72 (1) (b) for additional works, services or supplies by the original contractor that have become necessary and that were not included in the initial procurement where a change of contractor: cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, services or installations procured under the initial procurement; and would cause significant inconvenience or substantial duplication of costs for the contracting authority. Article 72 (1) (c) where all of the following conditions are fulfilled: the need for modification has been brought about by circumstances which a diligent contracting authority could not foresee; the modification does not alter the overall nature of the contract; any increase in price is not higher than 50% of the value of the original contract or framework agreement. Where several successive modifications are made, that limitation shall apply to the value of each modification. Such consecutive modifications shall not be aimed at circumventing this Directive.” The value of the contract post modification is €5,022,690.15. Dublin City Council confirm that no one modification exceeded 50% value of the original cost Date of contract award decision: 11 03 2021

Legal basis :

Directive 2014/24/EU

5. Lot

5.1 Lot technical ID : LOT-0001

Internal identifier : 1

5.1.1 Purpose