Contract for the delivery of an integrated mixed tenure residential development at O'Devaney Gardens, Arbour Hill, Dublin 7

Tender description

Lot 1: In 2017, as part of its Housing Land Initiative, Dublin City Council decided to procure the design and construction of residential units on its site at O’Devaney Gardens, Arbour Hill, Dublin 7 (the “Project”). This followed a long decision making process which was initiated in 2014 and involved various proposals and feasibility studies. One of the key objectives was to leverage the value of the site to deliver the Project. The works involved, which would incorporate design, site preparation and the construction of new buildings, meant that the contract used to deliver the Project would be deemed a “public works contract” for the purpose of public procurement. Dublin City Council commenced a competitive dialogue process in 2017 in accordance with Regulation 30 of the European Union (Award of Public Authority Contracts) Regulations 2016 (Article 30 of Directive 2014/24/EU) and which involved a number of distinct stages. The process was concluded when Bartra Property (Residential Holdings) Limited was identified as the preferred tenderer. A development agreement was executed between Dublin City Council and a special purpose vehicle, Bartra ODG Limited (“Bartra”), on 6 December 2019 (the “Development Agreement”). The Development Agreement forms the contractual relationship between the parties in relation to the Project. It governs such matters as the application for planning permission; obligations in terms of design, carrying out and completion of the works; payments by Bartra to Dublin City Council; transfer of title; insurance; deliverables to Dublin City Council; and defects liability. The Development Agreement anticipates the delivery of 192 “Social” residential units, 169 “Affordable” residential units, and 407 “Developer” residential units, subject to planning permission. A pre-condition of the Development Agreement obliged Bartra to obtain planning permission for the Development by 06 December 2022. The Development Agreement identified that Bartra would be paid for “Social” and “Affordable” residential units on completion of the relevant units. Further information on the Project is available at https://www.dublincity.ie/residential/housing/strategies-policies-and-initiatives/housing-land-initiative/odevaney-gardens