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Isle of Wight Council – Highways PFI Outline Business Case – December 2009 1
6.2.3 Contract Management Team – Post contract award
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 7
6.3 Expert External Advisors
6.4 Meetings
6.4.1 Internal
6.4.2 External
6.5 Project Delivery Plan and Timetable
6.6 Operational phase and contract monitoring
6.7 Project Interface and Dependencies
6.8 Stakeholder Consultations and Communications Strategy
6.8.1 Local Residents
6.8.2 Network Users
6.8.3 All Council staff
6.8.4 Statutory Undertakers
6.8.5 Local Suppliers
6.9 Sponsorship and Support
6.10 Risk Management
6.10.1 Risk Escalation
6.10.2 Current Risk Status
6.11 Data Management
6.12 Gateway Reviews/Independent Scrutiny
6.12.1 Gateway Reviews
6.12.2 Independent Scrutiny
6.13 Statutory Processes
6.14 Readiness to Proceed to Procurement
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 8
Appendix Number Appendix Name
1 Cabinet Report
2 Cabinet Minutes
3 Letter of Support from Southampton University
4 Inventory and Condition Data
5 Technical Modelling Process
6 Core, Non-Core and Retained Services
7 Justification of Scope Change from the EoI
8 Justification of Bouldnor Road
9 Traffic Modelling
10 Justification of CIP Duration
11 Non-Financial Options Appraisal
12 NATA
13 Time Savings and Network Improvements
14 Estimated Costs of Required Work
15 Draft OJEU Contract Notice
16 Project Plan
17 Key Aspects of the Output Specification
18 Derogations from SOPC4
19 Prior Information Notice (PIN)
20 Letters of Support from Soft Market Testing
21 A Basic Guide to TUPE
22 Admitted Body Status
23 Pension Rights
24 Shadow Bid Model
25 Annuity Based Affordability Model
26 Qualitative and Quantitative Assessment
27 Monte Carlo Results
28 Letters of Support from External Advisors
29 Communications Strategy
30 Letter of Support from Unison
31 Procurement Cost Breakdown
32 Risk Management Strategy
33 Risk Register
34 Gateway Review Report
35 Industry Day Report
36 Member Review Board Terms of Reference
37 Soft Market Testing Update
38 Section 151 Officer Letter
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 9
Glossary
AONB − Areas of Outstanding Natural Beauty AADT − Annual Average Daily Traffic BCS − Bridge Condition Score BV − Best Value BVPI − Best Value Performance Indicator CCTV − Closed Circuit Television CD − Competitive Dialogue CFT − Call for Final Tender CIP − Core Investment Period CLG − Communities and Local Government COPLR − Code of Practice for Litter and Refuse CSS − County Surveyors Society CVI − Coarse Visual Inspection DEFRA − Department for Environment and Rural
Affairs DfT − Department for Transport DNO − Distribution Network Operator DVI − Detailed Visual Inspection EoI − Expression of Interest EU − European Union FBC − Final Business Case FCI − Footway Condition Index GI − General Inspections GIS − Geographical Information System HEAP − Historic Environment Action Plan HGV − Heavy Goods Vehicle HMT HM Treasury HR − Human Resources IFRS − International Financial Reporting
Standards IoW − Isle of Wight ISDS − Invitation to Submit Detailed Solutions ISOS − Invitation to Submit Outline Solutions ISP − Island Strategic Partnership IWC − Isle of Wight Council LGPS − Local Government Pension Scheme LTP − Local Transport Plan MRB − Member Review Board MIS − Management Information System MOSLAR − Maintenance of Street Lights and Roads NATA − New Approach to Appraisal NCI − Network Condition Indicator NHS − National Health Service NI − Network Indicator NJUG − National Joint Utilities Group NPV − Net Present Value OB − Optimism Bias
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 10
OBC − Outline Business Case OJEU − Official Journal of the European Union PB − Project Board PFI − Private Finance Initiative PI − Principle Inspections PIN − Prior Information Notice PMS − Pavement Management System PQQ − Pre Qualification Questionnaire PUK − Partnerships UK PRA − Parapet Risk Assessment PS − Performance Standards PSC − Public Sector Comparator RCI − Road Condition Indicator RoW − Rights of Way RPIX − Retail Prices Excluding Mortgage
Payments RSS − Regional Spatial Strategy SAC − Special Areas of Conservation SCRIM − Sideways-force Coefficient Routine
Investigation Machine SEEDA − South East England Development
Version 4 SPA − Special Protection Areas SPV − Special Purpose Vehicle SRB − Single Regeneration Budget SRO − Senior Responsible Owner SSSI − Sites of Special Scientific Interest TA − Technical Advisor TAMP − Transport Asset Management Plan TQAT − Treasury Quantitative Assessment Tool TRIP − The Road Information Programme TUPE − Transfer of Undertakings (Protection of
Total Number of bridges and retaining walls for Highways Department / Car Parks = 718
Structural assessments are undertaken on an intermittent basis but the majority
were carried out over 10 years ago and reviews are required to re-evaluate the
load-carrying assessment calculations.
The BCS figures demonstrate that the overall 'existing condition' of the bridge
stock is in fair to good condition, however, given that some structural
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 52
assessments were undertaken some years ago and as illustrated by the backlog
of PRA’s significant work may be required to upgrade to current standards.
Sustainability
Sustainability is not currently a significant factor in the maintenance of highway
bridges.
2.17.5 Street Lighting
Safety
In common with many other local authorities the Isle of Wight has a history of
under investment in its lighting stock. This is compounded by the corrosive effect
of the salt-air which accelerates the degradation of street lighting columns and
traffic sign posts. Consequently, a significant proportion of the IWC street lighting
and illuminated traffic signs asset is in seriously degraded condition due to the
combination of age and environmental conditions. Additionally it is estimated that
50% of the existing lighting levels fall below current European and British lighting
standard requirements. As part of this Project, lighting levels will be reviewed
and modifications made to provide a solution inline with BS5489.
Serviceability
The Isle of Wight has a term maintenance contract arrangement for the provision
of a street lighting maintenance service with SEC Ltd. The contract is operated
under a traditional term contract arrangement procured using the ICE model form
of contract.
The table below, which shows the term maintenance contractor’s self reported
performance in rectifying street lighting faults against the BVPI performance
indicators, indicates a performance levels consistently above target standards.
Ref Performance Indicator Definition Target IOW Actual Performance
05/06 06/07 07/08
BV215a
Average no of days taken to repair a street
lighting fault which is under the control of the
local authority
3 1.89 2.39 1.98
BV215b
Average no of days taken to repair a street
lighting fault where response time is under the
control of a DNO
20 9.01 6.13 9.91
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 53
The table below, which details the term maintenance contractor’s self reported
performance in rectifying street lighting faults against the performance indicators
set by the IWC, indicates a performance which would be accepted as a high
standard nationally.
PI Ref PI Definition Target Actual
05/06 06/07 07/08
LPI % Lights in Light 98 99 99 99
Sustainability
Sustainability is not currently a significant factor in the maintenance and
operation of highway lighting.
2.17.6 Traffic Signals
Safety
The maintenance regime for Traffic Signals is constrained by budget pressures
and the age and condition of a significant proportion of the asset. Reactive
maintenance and fault rectification takes precedence and a vast majority of the
budget is required for these purposes. In some cases pole corrosion is in such an
advanced state that the lantern and brackets need urgent remedial action.
Serviceability
Siemens Traffic Controls maintains the traffic signal network through a term
maintenance contract which is a joint agreement with Portsmouth City Council. A
break clause has been negotiated to allow for termination of the contract to
coincide with the commencement of a PFI contract
Functions specified within the contract include those activities detailed below:
Function Frequency
Electrical testing of all Traffic Signals, loop detection, variable message signs and school warning signs installations
Annual
General Maintenance - Traffic signal poles, lanterns and brackets, push button controls, outstations, MOVA, monitoring and detection systems, electrical and communications infrastructure
Bi-annual
Numbering and renumbering of poles and controller cabinets As required
Cleaning only (additional to general maintenance above):
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 54
S
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Sustainability
Sustainability is not currently a significant factor in the maintenance and
operation of the traffic control equipment.
2.17.7 CCTV
Safety
In common with many other local authorities, the Isle of Wight has a history of
under investment in its CCTV stock. This issue is compounded by the corrosive
effect of the salt-air which is an important consideration in the delivery of the
service - the sea air affects many of the CCTV masts and cameras.
Consequently a significant proportion of the Council’s CCTV asset is seriously
degraded due to age and environmental conditions
Asset condition surveys have confirmed that some 75 percent of the CCTV
apparatus is in an unsafe condition or suffers from degraded performance.
Sustainability
Sustainability is not currently a significant factor in the maintenance and
operation of the CCTV equipment.
> Exterior of all road traffic, pedestrian and light rapid transit signal lenses, wait panels, box signs, variable message signs and school warning signs
Bi-annual
> Interior of wait panels, box signs and fibre-optics Annual
Cleaning only (additional to above on ‘High Maintenance’ sites)
> Exterior of all road traffic, pedestrian and light rapid transit signal lenses, wait panels, box signs, variable message signs and school warning signs
Respond to faults identified / reported – from inspections, vandalism, accidents
> Priority one faults - emergency faults 2 Hours
> Priority one faults - urgent 4 Hours
> Priority two faults - normal 24 Hours
> Priority three faults - other 7 days
> Priority four faults - outstanding As agreed
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 55
2.17.8 Drainage
Safety
Again due to budget constraints, there is a significant backlog of renewals and
improvements, which requires a substantial proportion of the budget being
devoted to reactive maintenance rather than programmed preventative
maintenance. Whilst it is not possible to explicitly assess the effect that the poor
condition of this asset has on safety, it can be conjectured that the presence of
surface water and local flooding does have safety implication. Additionally it is a
recognised nuisance in streets with pedestrian movement.
Serviceability
There are no statutory or local indicators identifying the condition of highway
drainage systems.
Sustainability
Sustainability is not currently a significant factor in the maintenance and
operation of highway drainage.
2.17.9 On and Off-Street Car Parking
The Council currently manages both on-street and off-street parking as a co-
ordinated whole via a Civil Enforcement Area. Maintenance is undertaken by
contractors and is supervised by the Enforcement Officers.
Serviceability
The Council is responsible for 15 chargeable on-street parking zones, 52 pay-
and-display, off-street car parks and 29 free off-street car parks/lay-bys. The
condition of the car park surfaces is considered to be generally fair to good but
with some exceptions which fall into the category of poor. However the ambience
of many of them is not commensurate with an area of high tourist demand.
The Council formally inspects its off-street car parks quarterly and encourages its
Civil Enforcement Officers to report defects during their daily visits.
Sustainability
The Council currently operates a proportion of solar powered ticket machines.
Otherwise Sustainability is not currently a significant factor in the maintenance of
car parks.
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 56
2.17.10 Major Works - Bouldnor Road
The A3054 Bouldnor Road is the coastal road in the far North West of the Island
and a major access route to the car and passenger ferry terminal in Yarmouth
Harbour. The road runs along the top of a shallow cliff or embankment, supported
by a sea wall at its base. Movement due to ground instability is threatening the
safety and stability of the road above it. This is considered to be both unsafe and
unserviceable.
2.18 Project Description/Overview
The IWC Highways PFI Project follows the “fence to fence” concept to develop a
holistic approach to highway maintenance. The Project provides the best fit with
the Island’s Strategic aims for sustainable development and the Council’s
ambitions for providing a transport network that will both improve the condition of
the highway and act as a stimulus for the Island’s economy. The Project focuses
on the key elements of the highway with an intention to improve the current
network condition to a level where normal levels of maintenance will sustain the
network at steady state. The holistic approach helps to create synergies and
avoid contractual boundaries with third parties within the fence to fence
boundary. The focus is on ensuring that the PFI Service Provider can be charged
with an output based specification that has minimum conflict with Council
retained services thereby enabling the PFI contract to be managed and
monitored effectively.
2.19 Project Scope
The high-level summary of the Highways PFI scope is described below; Appendix
6 sets out the details of the PFI scope and the Council retained services. The
additions to the scope since EOI are discussed in Appendix 7.
2.19.1 Roads
The Island’s 803 km of rural and urban roads that are currently being managed
publicly, will form part of the PFI network. These would include the A, B and C
classified roads and the unclassified roads. The scope will include refurbishment
of all classifications of publicly maintained road network including kerbs and
footways, such that the development of category 1 defects is arrested and the
general condition of the network is raised to position the Isle of Wight’s highway
network at the upper quartile level of Local Authorities when assessed in
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 57
accordance with National Indicators. Skidding resistance of the network will be
brought above the investigatory level for the relevant hierarchy. The highway
drainage system will be brought to 100% operational capacity using an output
measure to prevent carriageway flooding. Throughout the PFI period there will be
on-going lifecycle, routine and winter maintenance and operation of these roads
for the remainder of the 25 year period. Roads that are currently privately
maintained will not form part of the PFI scope.
2.19.2 Structures
It is intended that, on completion of the CIP, all structures will have a 40 tonne
capacity. Currently, 10 structures require works to achieve this position.
However, works are currently programmed for some of these structures and the
number will be kept under review throughout the PFI tender period to only include
those not already treated.
Full access - There are currently 8 structures on the network with a temporary
weight restriction. One of these structures belongs to Network Rail. The non-
Network Rail structures will be strengthened as part of the PFI Project and the
restrictions removed. There are currently two bridges with height restrictions on
the network. One belongs to Network Rail (as above) and one to the privately
owned Isle of Wight Steam Railway. There are no plans to remove these
restrictions.
As part of the PFI Project, the assessment and provision of containment in line
with TD19/06 and IAN 97/07 to parapets, piers and soffits for bridges, retaining
walls and other structures will be undertaken and implemented during the core
investment period. Thus, safety deficient parapets will be upgraded and regular
inspections and follow-up repairs will be undertaken to ensure their continued
integrity and functionality. Parapet work will only be considered on retaining walls
greater than 1m high. While parapets on Network Rail bridges will not be
included, since they are not the responsibility of the Council, the PFI Project will
include undertaking risk assessments and carrying out any necessary safety
fence works on the approaches to Network Rail bridges, in order to minimise the
risk of errant vehicles encroaching onto the railway.
Aesthetic appearance is not seen as a major issue, and routine painting and
graffiti removal is currently undertaken as required as part of routine
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 58
maintenance. The Council consults with the local community where large-scale
works are undertaken within the AONB to ensure that new or improved structures
are visually acceptable. This will continue under the Project.
The PFI contract will include the normal annual maintenance and lifecycle
replacement works to all structures.
2.19.3 Street Furniture
The Island’s roads contain compulsory, directional and tourist signs, roadside
seating, bus shelters and roadside planters. During the CIP, signage will be
refurbished such that visibility is compliant with current standards. As appropriate,
other assets will be available for use, clearly visible and in a good state of repair.
Again, the upgraded assets will be maintained at the refurbished standard
throughout the PFI contract period. It is intended that the refurbishment and
maintenance of street furniture, coupled with carriageway and footways will uplift
the Island’s street scene.
2.19.4 Footways
The urban roads and town centres have an extensive network of footways. As
part of the CIP works the footways will be upgraded to provide an acceptable
structure and surface, minimising the current defects to reduce the risk of third
party claims. The combination of footway renewal with the carriageway renewal
offers the opportunity to have a single upgrade programme, which will resolve
utility diversions and address drainage issues all at the same time.
2.19.5 Traffic Signals
The Island has 79 sites of traffic signals that help to control traffic flows at some
of the major junctions. The Traffic Signal associated assets are in very poor
condition and have been identified as a safety hazard. In addition, the technology
is now out of date. It is intended that all traffic signal installations are upgraded to
comply with the relevant standards, reduce the risk of failure and adopt the latest
technology to reduce lamp changes and power consumption in line with the
carbon reduction aims of government.
2.19.6 Street Lighting
The 12,068 lighting columns on the Island fall well below the current standard for
lighting of these 8,400 are either life expired or fall below current standards and
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 59
these have been defined as ‘non-deemed to comply’ and programmed for
replacement during the CIP. It is assumed that all of the remaining 3,668 will be
renewed on a condition assessment basis as part of the Service Providers
ongoing annual investment programme. The specification will be to current codes
of practice and will require the application of modern technology, such as remote
switching and energy saving equipment and design, through a low carbon
footprint based output specification. The PFI Service Provider will then maintain
the whole system for the PFI contract period.
2.19.7 CCTV
The existing CCTV unit and control room are in poor condition and the Council is
currently undertaking a renewal programme. Consequently, the next round of
lifecycle renewal in 10 years time will be at the end of the proposed 7 year core
investment period. However, CCTV cameras are mounted on special masts or
lighting columns, both of which fall within the project’s “fence to fence” boundary
and replacement would disrupt the project payment mechanism based on lane
availability. Additionally, the power required for CCTV is likely to come off lighting
columns where appropriate and synergies in the maintenance of the CCTV and
street lighting are likely to result in operational cost savings. CCTV is therefore
included within the Project scope and assumes replacement of all cameras after
a ten year life.
The CCTV cameras and control room will be used mainly to operate the network
along with crime reduction and emergency management.
2.19.8 Grass Cutting and Street Cleansing
The fence to fence approach allows all services that need to be carried out on
and adjacent to the highway to be synchronised, deriving maximum efficiency in
service delivery. This integrated approach enables grass cutting to be followed by
street cleansing and drain cleansing to meet the output specification
requirements.
Street cleansing was initially included in the scope but excluded at the
Expression of Interest (EOI) revision in 2008. However, the detailed analysis of
the contract scope and practicality of delivering these intertwined services using
different delivery mechanisms has convinced the Council that it should be part of
the wider Highways PFI Project. In addition, following detailed analysis and soft
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 60
market testing, the Council has decided to include all highway grass cutting within
the PFI scope.
2.19.9 On and Off Street Car parking
The “Fence to Fence” approach lends itself to including on and off street car
parking assets as part of the Highways PFI Project. The off-street car parks are
an extension of the highway network, using similar material to the highways.
There are therefore scale and efficiency benefits to be gained by including the
capital and maintenance elements of off-street car parks within the project scope.
The off-street element will be funded by the Council.
2.19.10 Bouldnor Road Improvement
The Council has identified a major road reconstruction project on Bouldnor Road
along the coastal road between Cowes and Yarmouth. This section of the road
has shown signs of significant movements over a period of time and the Council
developed plans for a major refurbishment of this section in 2006. This stretch of
the coastal road is strategically important for the Island and closure would not be
a practical option. The Council made an application for Integrated Transport
scheme capital funding to address the stability of the highway and it was
expected that the refurbishment would have been completed ahead of the
Highways PFI Project. However, based on the latest timescales, funding for the
stability work is unlikely to be available before the PFI works commence in April
2013. Given the strategic importance of this road for the Island, the Council has
decided that it should form part of the Highways PFI Project. This scheme was
not included at Expression of Interest stage. A report on the refurbishment of
Bouldnor Road can be seen at Appendix 8.
2.20 Standards of the Project
2.20.1 Core Investment Period (CIP)
The works carried out during the Core Investment Period will be assessed by the
PFI Service Provider from the survey data provided by Isle of Wight Council. The
quantum of the works will be assessed by the PFI Service Provider to meet the
lifecycle and physical requirements of the Output Specification. The latter will be
developed to meet the standards of the Design Manual for Roads and Bridges
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 61
and to achieve compliance with the requirements of Well Maintained Highways,
Management of Structures and Well Lit Highways.
The Island’s highway network stands alone and does not allow traffic to divert
across boundaries into another authority’s area. Because of this, the successful
completion of the infrastructure renewal must be very carefully undertaken to
prevent the Island’s traffic coming to a halt. To minimise disruption a traffic
model, (see Appendix 9), has been produced, which will be made available to the
contractor so that the effect of road closures and the use of temporary traffic
control can be analysed prior to any road being attended. A seven year CIP has
also been chosen to allow the major works to be spread over a longer period.
Appendix 10 gives the rationale behind a 7 year CIP.
The Isle of Wight relies heavily on the tourist trade for economic survival. Cost
models for the CIP and also for whole lifecycle maintenance include an allowance
for night time working on major traffic routes. Using the traffic model for guidance
it will be necessary to build, within the contract documentation, constraints on
times of working during the peak holiday periods and, in particular, to avoid traffic
delays in the vicinity of major events such as Cowes Week and the two music
festivals.
2.20.2 Post CIP
The Output Specification for the post CIP period will be developed to require
steady state maintenance of all assets at the condition achieved by the CIP
investment. The operations and maintenance elements of the specification will be
developed to achieve compliance with the requirements of Well Maintained
Highways, Management of Structures and Well Lit Highways.
2.21 Conclusions
The Council’s fence to fence approach to defining the Project scope is a holistic
approach towards PFI Project delivery and one that is welcomed by the Industry.
The current condition of the Isle of Wight Highways network and the service gaps
provides a basis for understanding the scale of the Project. At a strategic level,
the Project is key for the regeneration of the Island and satisfies all of the natural,
regional and local strategies. The Council now believes that there is a convincing
strategic case for investment on the Island’s Highways network.
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 62
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 63
3. Economic Case
3.1 Introduction
The Economic Case identifies possible options for the Highways PFI, building on
the business need described in the Strategic Case. The Options analysis takes
the Do Minimum option and compares that with seven other possible options,
using a weighted scoring based on the Island’s and the Council’s strategic
priorities. The preferred option is taken forward for the Economic Case using a
NATA style appraisal. The net cost of the preferred option in present value terms
is compared against the present value of benefits to give a Benefit to Cost ratio.
3.2 Options Appraisal
The Council has carried out an initial appraisal of eight options, a Do Minimum
and seven alternative Do Something options, which are briefly described in the
table below.
Option Description
1 Do Minimum: continue with current levels of expenditure and small amounts of
capital investment to maintain the network in its current condition
2 Strategic network PFI including on-going maintenance but no capital works on
the unclassified network
3 Full network PFI including on-going maintenance and street cleansing
but excluding on/off street car parking maintenance.
4 Full network PFI including on-going maintenance but excluding street cleansing
and on/off street car parking maintenance.
5 Full network PFI including on-going maintenance, street cleansing and
on street car parking maintenance but excluding off street car parking
maintenance.
6 Full network PFI including on-going maintenance, street cleansing and on/off
street car parking maintenance.
7 Full network PFI including on-going maintenance and street cleansing
but excluding cycleways and on/off street car parking maintenance.
8 Full network PFI including street cleansing but excluding any lifecycle capital
replacement and on/off street car parking maintenance.
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 64
An appraisal system was developed which drew heavily on the Island’s strategic
policy documents. Criteria were taken from the Eco Island Vision 2008-2020,
and the Island’s Local Transport Plan 2006-2011 (LTP2), the Island’s Highways
PFI Expression of Interested submitted to the Department for Transport
supplemented by a number of other criteria. Around 80 criteria and objectives
were defined from the different sources and assembled under 12 sub-headings.
Weightings were applied to the different criteria, based on the strategic
importance, to give a 200 point scoring system as follows;
Overall
weighting
Eco Island: A Thriving; Healthy and Supportive, Safe, Well-Kept
and Inspiring Island.
30
EoI and LTP2 25
Sustainability 20
Political acceptability 15
Affordability and cost 20
Value for money 15
Commercial appetite 10
Environmental 15
Project deliverability 15
Management of risk 10
Innovation and improvement 10
Stakeholder impact 15
Total 200
The appraisal was carried out in a series of workshop sessions and reviewed by
the Project Team and technical advisors. Policy experts were used to challenge
assumptions. The scores ascribed to the different options are summarised below,
full detail is at Appendix 11.
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 65
Option Description Score Risk Evaluation
1 Do Minimum: continue with current levels of expenditure and small amounts of capital investment to maintain network in its current condition
0 Substantial sunk costs (project costs) with no benefit. Significant reputational impact as the expectation which has been built is destroyed and leading to questioning of the council’s ability to deliver on strategic projects. No improvement in the risk profile of the network.
2 Strategic network PFI including on-going maintenance but no capital works on the unclassified network
75 Continuing deterioration of the lower status routes and footways. Reputation impact (expectations not met) Failure to maximise opportunity to regenerate tourism.
3 Full network PFI including on-going maintenance and street cleansing but excluding on/off street car parking maintenance.
131 Loss of potential cost savings (maintenance off car parking infrastructure could have been undertaken at marginal rather than full cost)
4 Full network PFI including on-going maintenance but excluding street cleansing and on/off street car parking maintenance.
104 Loss of potential cost savings (maintenance off car parking infrastructure could have been undertaken at marginal rather than full cost) Potential for conflict between street cleansing operation and PFI contractor (bin provision, street/gully cleansing) Potential for conflict between parking enforcement and PFI contractor
5 Full network PFI including on-going maintenance, street cleansing and on street car parking maintenance but excluding off street car parking maintenance.
122 Loss of potential cost savings (maintenance off car parking infrastructure could have been undertaken at marginal rather than full cost) Risk of loss of potential redevelopment opportunities presented by off-street car parks.
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 66
6
Full network PFI including on-going maintenance, street cleansing and on/off street car parking maintenance.
166
Option is reliant on the Council finding a capable PFI partner to deliver the full scope.
7 Full network PFI including on-going maintenance and street cleansing but excluding cycleways and on/off street car parking maintenance.
116 Loss of potential cost savings (maintenance off car parking infrastructure could have been undertaken at marginal rather than full cost) Loss of potential cost savings (maintenance of car park surfaces could have been undertaken at marginal rather than full cost). Differential standard of maintenance between cycleways and highways. Risk of further deterioration of the cycleways network which would impact other strategic objectives (health and well-being etc.). Increased cost of cycleways maintenance as a stand-alone operation.
8 Full network PFI including street cleansing but excluding any lifecycle capital replacement and on/off street car parking services
46 Loss of potential cost savings (maintenance off car parking infrastructure could have been undertaken at marginal rather than full cost) . Risk of deterioration following the rehabilitation phase and poor standard of network on handback. Reputation impact as the condition of the highways deteriorates back towards the pre-existing standard
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 67
The Do Something options were appraised relative to the Do Minimum, which
therefore has a minimum score. Option 6, a full network PFI with a full range of
services, had the highest score. Options 3, 5 and 7, which all had similar scores
and were the next best options, excluded combinations of on or off street parking
maintenance or cycleways.
Option 6, a full network PFI with a full range of services, was therefore identified
as the preferred option.
The Economic Case for the preferred option as set out in the NATA style
appraisal at Appendix 12 and makes use of standard DfT approaches and values
where possible.
The Economic Case presents a mix of quantitative and qualitative impacts, the
derivation of which is described below with the findings summarised in an
Appraisal Summary Table.
3.3 Service Improvements and Community Benefits
The table below relates different service improvements to the community benefits
they will generate. The principal service improvements flowing from the Project
will be better road surfaces with better skidding resistance and improved street
lighting. The principal impacts flowing from the Project will be time savings from
several sources, savings in vehicle operating costs, reductions in the number of
accidents, reduced levels of street crime and disorder and general efficiency
gains.
Benefit item Better road surfaces and
improved skidding
resistance
Improved street lighting
Time savings from higher
traffic speeds
�
Time savings from fewer
road works and road
closures
�
Vehicle operating cost
savings
�
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 68
Reduced numbers of
accidents
� �
Reduced public liability
payments
�
Reduced street crime and
disorder
�
Time savings from
removal of weight and
width restrictions
�
Efficiency savings from
private sector involvement
� �
Efficiency savings from
undertaking the right
options
� �
The basis for estimating each benefit item is set out below and full detail is at
Appendix 13.
The IWC Highways PFI Project is expected to be a 25-year concession starting in
early 2013; benefits are therefore calculated over the 25-year period from 2013 to
2038 inclusive.
Over the first 7 of the 25 years there will be a Core Investment Period (CIP) to get
the network up to a defined standard, with lifecycle maintenance then being
applied for the remaining 18 years. This profile is taken into account in the
estimates made below in the assumptions about the ‘ramp-up’ of benefits through
the CIP and the volume of road works and road closures over the CIP and the
following 18 years.
In recent years the condition of the Island’s road network has been deteriorating.
The highway condition model operated for the Isle of Wight Council allows the
Council to identify the schemes needed to bring the Island’s roads and footways
up to standard and the costs of those schemes. A recent run of the model has
shown that maintaining expenditure at around current levels will mean the
condition of the road network is broadly maintained at today’s level. The Council
has therefore adopted this model run as representing the Do Minimum.
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 69
3.3.1 Time savings from higher traffic speeds
Time savings from higher traffic speeds as a result of better road conditions is set
out below. Runs of the highway condition model have been undertaken for the Do
Minimum and for the preferred Do Something. The schemes needed to get from
the Do Minimum to a Do Something are phased over seven years – with the
worst NI score road sections being undertaken first.
It is generally believed that traffic speeds are constrained on sections of road with
poor surface quality. As these sections of road are improved from the Do
Minimum to the Do Something, speeds and journey time reliability will improve
and time savings will be generated. The central estimate assumes that speeds
through these sections of roads of poor quality will increase by 2 mph (3.2 kph).
This assumption is given some substantiation by a small set of timed journeys
undertaken on two pairs of road sections. The pairs of road sections, each
around a mile long, were chosen as being similar in all major respects other than
the quality of the road surface and at least six timed runs were made on each
section of road. The average times and speeds on each are given in the table
below. Speeds were 1.4 mph lower on the poorer of one pair of road sections
and 3.5 mph on the other pair, where Whiteoak Lane has a particularly poor
quality surface; this averages out at 2.45mph lower average speed in comparison
to a similar road in good condition.
Pair 1 Pair 2
Appleford
Road (poor
condition)
Niton Road
(recently
surfaced)
Whiteoak Lane
(poor condition)
Rolls Hill
(recently
surfaced)
Average time,
minutes
01:29 01:26
01:46 01:36
Average speed,
mph
40.5 41.9
34.0 37.5
The Island’s road network has been divided into four hierarchies of road based
on traffic flow, as follows. These values have been used in estimating the
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 70
numbers of vehicles which will benefit from an improved road surface on roads in
each category:
Hierarchies Vehicles per day, AADT
1 >10,000
2 5,000 – 10,000
3 2,000 – 5,000
4 <2,000
These flows are combined with the kilometres of road in each category to have
improved road surfaces and the central assumed speed change of 3.2 kph to
give estimates of time savings. The time savings from all the schemes to be
implemented during the CIP are assumed to be built up evenly over the 7 years
of the CIP then maintained over the remaining 18 years of the concession.
3.3.2 Changes in travel times
Changes in travel times from changes in the volume of road works and road
closures are covered in this section. Currently there are around 5,000 job tickets
for road works on the Island each year. The average duration of road works is
estimated at half a day and vehicles are assumed to be slowed down by two
minutes – at, say, temporary traffic lights or in taking a longer, alternative route.
During the CIP, the number of road works might be expected to increase, adding
to delay. From years eight onwards, however, there should be a substantial
reduction in road works and a consequent benefit from reduced delays.
For the Do Minimum, the current situation of around 5,000 job tickets per year
was assumed to continue.
For the Do Something, the modelling of the road network indicated that there
would be some 235 major schemes, with an average duration of three weeks,
undertaken during the Core Investment Period. It was assumed that these
schemes would impose an average delay of five minutes on each vehicle
affected, as in more cases roads would be closed requiring an alternative route to
be taken. It was assumed that the number of job tickets issued for smaller items
of road works would decline steadily over the Core Investment Period and from
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 71
year 8 onwards there would be some 500 job tickets issued per year, one tenth of
the current rate.
3.3.3 Vehicle operating cost savings
There is some evidence, particularly from the USA, that the poor condition of
roads can substantially add to vehicle operating and maintenance costs. Work
by TRIP (The Road Information Programme) has indicated that roads in poor
condition can cause additional vehicle costs, from accelerated vehicle
deterioration, additional maintenance needs and higher fuel consumption, of
around $200-300 per vehicle per year.
The USA is different from the UK in the types of cars that people drive, the
condition of the road network and the extent to which they use their cars, so the
values generated by a USA lobby group may not apply in the UK. In the UK,
Potholes.co.uk claims that potholes cost UK road users £320m per year and
since there are 32.4 million registered vehicles in GB this works out at an
average of around £10 per vehicle per year. We assume that the relatively poor
quality of roads on the Isle of Wight would mean that the cost on the Island would
be higher than the average and have assumed a central estimate of an additional
£20 per vehicle per year.
The number of vehicles owned by the Island’s households is recorded as 63,874
cars and vans in the 2001 census. Allowing for growth since 2001 and the cars,
vans, HGVs and buses owned by the public sector, the utilities, the private
sector, bus operators, etc we assume that 75,000 vehicles could benefit from
reduced vehicle operating costs.
Common experience, supported by an analysis of traffic counts, indicates that the
Island’s vehicle fleet increases in the summer months. Traffic count data across
a number of the Island’s roads indicated that summer traffic flows were on
average around 11% higher than flows in neutral months. This increased vehicle
flow, for a period of four months in the summer, was also assumed to benefit
from a saving in vehicle operating costs.
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 72
3.3.4 Reduction in the number of accidents
The Island’s road accident data for previous years – the three years from mid
2005 to mid 2008 - has been analysed to identify the accidents in which poor
road conditions might have been a major factor. Over this three year period,
there were 13 fatalities from accidents involving wet shunts and loss of control
where a road’s poor skid resistance was possibly a contributory factor.
Over the 7 year CIP the skid resistance of the road network will be improved
which will allow at least a proportion of these and other non-fatal accidents to be
avoided, depending on the relative contribution of poor skid resistance and other
factors to these accidents. The Council’s general experience is that the
implementation of a road safety measure can normally lead to a reduction of
around one third in the number of relevant accidents. Therefore it is assume that
in the completed Do Something option one-third of these accidents could be
saved. Standard DfT accident values are then applied to the estimates of the
reduction in the number of accidents.
3.3.5 Reduction in the Council’s public liability payments
The Council’s current road-related public liability payments average around
£500,000 per year, though there is considerable variation from year to year. A
major claim, in relation to a fatality for example could push the claim in any year
considerably higher than this. The Council would not be liable for any such
payments if it maintained its proper schedule of road inspections, as we assume
it would in the Do Something.
For the Do Minimum we assume that current levels of public liability payments
would be maintained and that this risk will be transferred in the Do Something.
3.3.6 Reduction in accidents and street crime
Reduction in accidents and street crime as a result of improved street lighting has
been developed using the draft MOSLAR guidance on the impacts of enhanced
street lighting on accidents and the fear of street crime to assess these impacts.
This guidance indicates that benefits might arise from a reduction in night-time
accidents of the order of 12.5% on the Island’s single-carriageway and urban
roads. The guidance also suggests making use of a research finding that
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 73
households would be willing to pay £12 per year (2003 prices) for street lighting
improvements, with a reduced fear of crime being one reason for this willingness
to pay.
The street lighting will be improved to new EU standards in the Island’s towns
and some villages where there is existing lighting, resulting in reduction of
accidents and street crime/disorder.
3.3.7 Time savings from removal of weight and width restrictions
The removal of weight and width restrictions will benefit heavy goods vehicle
movements. The number of restrictions to be removed from each category of
road is combined with the average traffic flow on each category of road and the
following proportions of HGV in the traffic flow by category of road. Each affected
HGV is assumed to save 5 minutes from being able to take a more direct route as
a result of the removal of a restriction.
Hierarchies HGVs as % of traffic flow
1 6%
2 7.5%
3 7%
4 4%
3.3.8 Efficiency Gains
Efficiency gains from the following two sources have been taken on board in this
section:
• the transfer from public to private sector management of the road network;
• being able to undertake more effective maintenance measures because of
the availability of more funds.
Better value for money can be expected from two different sources under this
Project. The first source of efficiency gain has been identified generally from
previous PFI projects and is generally attributed to the greater incentivisation
and efficiency of the private sector in doing what the public sector had previously
been doing. We assume that this efficiency gain is worth 15% of the expenditure
under this Project.
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 74
The second source of efficiency gain arises from the availability of certainty of
funding over a long period of time under the PFI which means that more efficient
measures can be undertaken. In effect, the repeated application of lower cost,
less effective measures can be replaced by a more effective, higher cost
measure with an overall saving in lifecycle costs.
The Isle of Wight Council is able to point to a number of cases where repeated
minor repairs have been made to sections of road, when the cost effective
solution would have been a more major road reconstruction which would have
removed the need for future repairs. The example of Calbourne Road, Calbourne
given below is a case in point.
Calbourne Road, Calbourne
The need for resurfacing Calbourne Road has been clear to the Council since around the
mid-1990s, but funds were not available.
Now funds are available for a £280,000 resurfacing scheme to be undertaken this year.
In the interim, however, the Council has undertaken a number of minor repairs which would
not have been needed if the resurfacing had been done.
Since June 2006, £26,000 has been spent on minor repairs, not including further expenditure
on infilling numerous potholes.
This is all effectively abortive expenditure, amounting to around 10% of the required
expenditure, made as a result of a lack of appropriate funding, which will be avoided under
the PFI.
The Council assumes that such efficiency savings could be worth a further 5% of
the expenditure under the PFI.
3.4 Value for Money Assessment (TQAT)
The Value for Money assessment is fully described in the financial case, Section
5. A detailed public sector comparator and a shadow bid model have been
constructed. Comparing the PFI shadow bid with the Public Sector Comparator
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 75
(PSC), the PFI option is found to be 13.68% Value for Money over the PSC
option.
3.5 NATA
The NATA (New Approach to Appraisal) appraisal process was introduced by the
Department for Transport in the late 1990s. A principal purpose of the NATA
approach to appraisal was to broaden the scope of the appraisal so that decision-
makers were informed of the impacts of the scheme being appraised on the five
overarching objectives of transport policy – the economy, the environment,
safety, accessibility and integration.
The NATA-style Appraisal Summary Table, attached at Appendix 12, is a part of
this process. It summarises the wider-ranging appraisal, describing the principal
impacts in relation to each objective in qualitative or quantitative terms.
The principal quantified benefit estimates are summarised in the table below,
calculated over the 25-years of the concession period and expressed as Present
Values in 2009 prices.
Benefit Item £ million present
values, 2009 prices
Time savings as a result of better road surfaces
Time savings from changes in road works and road closures
Vehicle operating cost savings
Accident savings from improved skid resistance
Public liability payment savings
Accident savings as a result of improved street lighting
Fear of street crime reduction as a result of improved
street lighting
Time savings from the removal of width and weight
restrictions
Efficiency savings from private sector involvement
Efficiency savings from improved road maintenance
Measures
Total £ 480 million
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 76
Sections of the table have been removed as they are deemed
commercially sensitive.
The costs of the Preferred Scheme are detailed in Appendix 14 and are
described more fully in the Financial Case. They include un-inflated (2009/10)
costs as follows with no allowance for Optimism Bias:
Do Something Costs Excluding Optimism Bias
£ million
Capital costs over Core Investment Period
Lifecycle replacement costs
Operation & Maintenance costs over 25 years
Authority funded Capital costs over Core Investment Period
Authority funded Lifecycle replacement costs
Authority funded Operation & Maintenance costs over 25
years
Contract Management Costs over 25 years
Client Management Costs over 25 years
Total
Present Value £323 million
Sections of the table have been removed as they are deemed
commercially sensitive.
The Benefit:Cost ratios have also been estimated making an allowance for
Optimism Bias using the assessment and percentages set out in Section 5.7.1
below. For the Do Something, the Pre-Optimum Bias and PFI (Post-Optimum
Bias) percentages are applied. For the Do Minimum, where the scale of work is
less, just the Pre-Optimum Bias percentage is applied.
The Do Something costs with an allowance for Optimism Bias are as follows:
Do Something Costs Including Optimism Bias
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 77
£ million
Capital costs over Core Investment Period
Lifecycle replacement costs
Operation & Maintenance costs over 25 years
Authority funded Capital costs over Core Investment Period
Authority funded Lifecycle replacement costs
Authority funded Operation & Maintenance costs over 25
years
Contract Management Costs over 25 years
Client Management Costs over 25 years
Total
Present Value £359 million
Sections of the table have been removed as they are deemed
commercially sensitive.
The un-inflated costs of the Do Minimum, of maintaining the highways network in
its current condition, excluding Optimism Bias, are as follows.
£ million
Capital costs over Core Investment Period
Lifecycle replacement costs
Operation & Maintenance costs over 25 years1
Total
Present Value £229 million
1 Includes the costs identified as Contract Management Costs in the Preferred Option
Sections of the table have been removed as they are deemed
commercially sensitive.
With the allowance for Optimism Bias the Do Minimum costs are as follows:
£ million
Capital costs over Core Investment Period
Lifecycle replacement costs
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 78
Operation & Maintenance costs over 25 years1
Total
Present Value £241 million
1 Includes the costs identified as Contract Management Costs in the Preferred Option
Sections of the table have been removed as they are deemed
commercially sensitive.
The Benefit: Cost Ratio, excluding Optimism Bias, is 5.1:1, calculated as follows.
The net cost of the PFI in present value terms is £94 million (Do Something costs
of £322 million less Do Minimum costs of £229 million) and the benefits are £480
million, giving a Benefit: Cost ratio of 5.1:1.
When allowances are made for Optimism Bias, with a higher percentage
allowance applied to the Do Something costs, the Benefit: Cost Ratio falls to
4.1:1, calculated as follows. The net cost of the PFI in present value terms is
£118 million (Do Something costs of £359 million less Do Minimum costs of £241
million) and the benefits are £488 million, giving a Benefit: Cost ratio of 4.1:1.
3.6 Assessment of Funding
The PFI credit will make funding available which is not available through
mainstream Council funding. As stated in paragraph 3.5 above CIP funding of
around £XX million would be needed to maintain the network in its current
condition while the capital expenditure of the preferred scenario over the CIP of
£XXX million would be needed to bring the network into an acceptable condition.
The PFI would make this funding differential available.
3.7 Preferred Investment / Service Delivery Option
The Preferred Option 6 emerged by far the highest scoring option when
appraised against a set of criteria and objectives which draw heavily on the
Island’s strategy as set out in Eco Island Vision 2008-2020 and in its Local
Transport Plan. The Preferred Option is a full network PFI which includes street
cleansing; and capital and lifecycle maintenance of on and off street parking.
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 79
The level of funding needed to halt the decline in the Island’s roads and to ensure
that the Island’s roads, footways and cycleways can play their part in contributing
to the Island vision will only be available through this Project.
3.8 Conclusions
An assessment of eight different options against Isle of Wight Council objectives
identified Option 6, a full network PFI with a full range of services, as the
preferred option.
In the appraisal of this option it is assumed that investment is incurred over a
seven year period to bring the Island’s transport networks up to an acceptable
condition and that they are maintained at that level over the remaining 18 years
of a PFI concession. A range of benefits arising from the enhanced quality of the
networks have been estimated and generate a benefit:cost ratio of 5.1:1, without
allowance for Optimism Bias, or 4.1:1 when such allowance is made.
Over the seven year Core Investment Period, funding of around £XX million
would be needed to maintain the network in its current condition, while capital
expenditure of the preferred scenario over this period of £XXX million would be
needed to bring the network into an acceptable condition.
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 80
4 Commercial Case
4.1 Introduction
The Commercial Case focuses on the key areas of the procurement strategy and
process, commercial considerations, soft market testing and the human
resources implications of the project. Risk has been considered within the context
of the Commercial Case although this is dealt with in more detail within the
Management Case.
4.2 Procurement Appraisal for PFI
Public sector procurement is governed by legislation set by the European Union
mandating three core principles:
• Equality of treatment between all potential bidders
• Non-discrimination
• Transparency
Effective procurement is crucial in securing high quality, best value public
services and the government has highlighted that the development of a clear
procurement strategy is a key step towards achieving Value for Money and
delivering the demanding efficiency targets.
The process requires use of the Official Journal of the European Union (OJEU)
for the open advertisement of all opportunities exceeding the published value
thresholds as will be the case in this Project.
It is mandatory for the Council to comply with these regulations and also Council
Standing orders; therefore a compliant procurement mechanism will be utilised
for the selection of a PFI service provider.
The European Commission published Directive 2004/18/EC in the spring of 2004,
introducing the Competitive Dialogue (CD) procedure. This mechanism has been
introduced as an alternative to the negotiated procedure for complex
procurements such as the letting of a PFI contract.
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 81
Four regulated mechanisms exist for undertaking OJEU procurements:
• The Open Procedure – whereby any organisation expressing an interest is
provided with the full contract documentation and invited to tender. This
method does not include any opportunity for short-listing or contract
negotiation.
• The Restricted Procedure – which allows a pre-qualification stage to be
performed to short list the suppliers that will be invited to tender. Again no
opportunity exists for contract negotiation using this mechanism.
• The Competitive Negotiated Procedure – which allows the Council to pre-
qualify suppliers that will be invited to negotiate over the required service
provision. There is no formal end to the negotiations prior to the contract
signature.
• The Competitive Dialogue Procedure – whereby the Council pre-qualifies
service providers to create a shortlist of those who are invited to participate in
the dialogue process, affording them opportunity to discuss and refine the
required solutions. Once the solution has been confirmed the dialogue is
brought to a halt through formal notification to all participants and final tenders
are invited. After the Call for Final Tender has been issued only limited
discussion and clarification is allowed – there is no provision for further
negotiation at this stage.
Guidance states that the Competitive Negotiated Procedure should now only be
used in exceptional circumstances, whilst the Competitive Dialogue procedure
should only be used for “particularly complex contracts” (ref: Regulation 18 -
Public Contracts Regulations 2006).
Under the Public Procurement Directive (2004/18/EC) and the Public Contracts
Regulations 2006, the proposed PFI contract can be classified as a “particularly
complex contract”. The Council is not able to objectively define the technical
means capable of satisfying its needs or objectives and therefore the Competitive
Dialogue procedure is the mandated process.
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 82
4.3 Procurement Process
The Council will follow the following procurement process and timescales:
The key stages of the Procedure can be defined as below;
a. Post OBC to Pre Dialogue (September 2009 to June 2010)
• Planning and initial preparation (pre OJEU notice) – commencing
following submission of OBC.
• OJEU contract notice (see draft attached at Appendix 15) for short-
listing of bidders through the use of a Prequalification questionnaire
• Selection of bidders and preparation for the dialogue stage – agree a
shortlist.
b. Dialogue Phase (June 2010 – June 2011)
• The dialogue – issue Invitation to Submit Outline Solutions.
• Evaluate outline solution
• Invitation to Submit Detailed Solution Evaluation
• Call for Final Tenders
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 83
• Close CD.
c. Post-dialogue Phase (July 2011 to November 2012)
• Submission of Final Tenders and bid evaluation
• Bid clarification
• Preferred Bidder to Financial Close
• Final Business Case to DfT and HMT
• Cabinet Approval
• Financial Close
d. Mobilisation (November 2012 – April 2013)
• The 5 month mobilisation period is an indicative time scale
A detailed Project Gantt chart is attached at Appendix 16.
4.4 Competitive Dialogue (CD)
The CD process is likely to be longer than the negotiated route and more
resource intensive. The Council is keen to minimise bid costs and will keep this in
focus when drawing up the Project Agreement, and will work with bidders to
achieve this. The Council itself has made considerable investment in assembling
a post-OBC team structure as described in the Management section of this OBC,
including full time Legal and Procurement support. In addition, the Programme
Director will be able to draw on the wider external Advisor team, also identified in
the Management section.
The Council will design a detailed CD process and announce a set of protocols
and ground rules to facilitate an orderly conduct of the dialogue. The process will
be co-ordinated and managed centrally.
The Council expects the early dialogue from ISOS to ISDS to be conducted on a
two to three weekly rotation, with a plenary opening session followed by dialogue
conducted by three teams – leading on technical, commercial and legal. Each
dialogue team will have back room support to help with the effective management
of the overall process.
Experienced bidders of the size and shape necessary to undertake this Contract
will understand the financial commitment necessary to bid and the likely
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 84
investment in time necessary to bring a successful conclusion to the procurement
process. The Council’s soft market testing (see 4.10) indicates that the market is
fully aware of the resource implications but will be fully appreciative of any client
body that focuses on minimising bid costs.
In order to achieve best value and efficiency targets the Council is approaching
the competition positively, taking full account of the opportunities for innovation
and genuine partnerships which are available from working with others in the
public, private and voluntary sectors. Importantly, this strategy seeks to balance
two priorities:
• delivering efficiencies and quality
• sustainable procurement, engaging with local and regional suppliers
to promote the local economy taking into account the social and
environmental impact of spending decisions
4.4.1 Evaluation Criteria
The Council will determine the detailed Evaluation Criteria once the full
specification is developed. It will publish the Evaluation Criteria for each of the
stages with the full scoring methodology before commencing CD. The Council
intends to publish an affordability NPV envelope for bidders to use as a guide to
prevent abortive work being undertaken. The following may be included when
forming the basis of the Evaluation Criteria:
• Technical
• Legal
• Financial
• Payment Mechanism
• Staffing
• Resourcing
Detailed Evaluation Criteria will be determined through a series of project
workshops and will be tested for robustness before formally adopting them for
evaluation.
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 85
4.5 Output Specification
The Council has drawn on the experience of other Authorities that have procured
Highways PFI projects in formulating the basis of a workable scheme specifically
adapted to particular local needs. The Council’s service requirements will be set
out in detail in the Output Specification based on 4p’s guidance – the first draft of
this document is being prepared at present.
The Council has set a number of standards for each highway asset category, and
these are set out in Appendix 17. These standards have been tested for
appropriateness for Isle of Wight conditions and affordability. In costing the
effects of delivering operation and maintenance activities under an output based
PFI specification, the Council has taken account of meeting the standards,
practices, and obligations, contained in the following documentation:
• Existing output specifications on other highway and lighting PFI projects
• Current best practice across other Local Authorities
• Well-maintained Highways – Code of Practice for Highway Maintenance
Management
• Management of Highway Structures – Code of Practice, UK Bridges Board
• Well Lit Highways – Code of Practice for Highway Lighting Management
• Code of Practice on Litter and Refuse, DEFRA
• DfT design manuals
• Highways Act 1980
• The New Roads and Street Works Act
• Traffic Management Act
• IWC internal Policies
Core services relating to highway assets will necessarily be closely aligned with
industry standards. Standards for litter and detritus grading will be set at the
COPLR intermediate B+ standard, and for graffiti and flyposting at grade A. The
Service Provider will be required to co-ordinate and programme its works with
any contractor with responsibilities for waste collection management on the
Project Network and shall be able to demonstrate from time to time, at the
request of the Council, that this requirement is being met. It is expected that this
interface will be well within the normal scope of the Service Providers current
duties on other Networks.
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 86
The lighting requirements for lighting on subsidiary roads and associated areas,
footways and cycle tracks will be determined based on crime figures, traffic flow
and environmental criteria as set out within BS5489-1: 2003 (Table B.4 – Lighting
Classes for Subsidiary Roads (pedestrians and cyclists))
Crime Rate
Ra value
Lighting Class
Area ID Area ID Area ID
Low traffic
flowa Normal traffic
flowb High traffic
flowc
E1/E2d E3/E4d E1/E2d E3/E4d E1/E2d E3/E4d
Low Ra<60 S5 S4 S4 S3 S3 S2
Ra≥60 S6 S5 S5 S4 S4 S3
Moderate
Ra<60 S4 S3 S3 S2 - S1
Ra≥60 S5 S4 S4 S3 - S2
High Ra<60 S2 S2 S2 S1 - S1
Ra≥60 S3 S3 S3 S2 - S2
Lighting Classes for Subsidiary Roads (pedestrians and cyclists).
The lighting class appropriate for each type of traffic route within the IW shall be
determined in accordance with the road type, traffic flow and environmental
criteria selection process set out within BS5489-1:2003, Table B.2 – Lighting
Classes for Motorways and Traffic routes and Table B.3 – Lighting Classes for
Conflict Zones.
Within the Output Specification the appropriate lighting class for each
town/district centre within the IW shall be determined based on usage, traffic flow
and environmental criteria as set out within BS5489-1: 2003.
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 87
Type of Traffic Lighting Class
Normal Traffic
Flow
High Traffic
Flow
E3 E4 E3 E4
Pedestrian only CE3 CE2 CE2 CE1
Mixed vehicle and pedestrian with separate
footways
CE2 CE1 CE1 CE1
Mixed vehicle and pedestrian on same
surface
CE2 CE1 CE1 CE1
Lighting levels for town centre areas as extracted from BS5489
Within the Output Specification the appropriate lighting class for each car park
within the Isle of Wight shall be determined based on usage and traffic flow
criteria as set out within BS5489-1: 2003.
Type of Area and Usage E Uo
Light traffic, e.g parking areas of shops, terraced and apartment
houses; cycle parks.
5 0.25
Medium traffic, e.g parking areas of department stores, office
buildings, plants, sports and multipurpose building complexes.
10 0.25
Heavy traffic, e.g parking areas of schools, churches, major sports
and multipurpose sports and building complexes.
20 0.25
Lighting levels for outdoor car parks as extracted from BS5489
The Council has accurate installation dates for its traffic signal controller assets
and the Output Specification will contain a standard whereby no traffic signal
controller shall be more than 10 years old after the core investment period and no
more than 8 years old at handback.
Arboriculture and grounds maintenance standards will employ relevant statutory
legislation, British Standards, NJUG guidelines, local authority best practice, and
trade association recommendations.
Each component of the detailed Output Specification will be drafted to provide:
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 88
• The high level requirements of the Council for each aspect of the Service
as ‘Required Outcomes’
• The performance requirements of the Service Provider, measured against
the Service Delivery Outputs and their corresponding Performance Targets
• Clear “Clause” links to the Payment Mechanism and Service Performance
Schedules
• The mechanism by which the Output Specification shall be measured in
accordance with the Monitoring Procedures set out in the Project
Agreement
The Technical and Financial modelling has applied market rates to the costs of
delivering these standards of service and taken account of scale, continuity and
private sector operating efficiencies.
4.5.1 Performance Requirements
The Council’s Highways PFI Contract will be an output based service contract
designed to raise the standard of service through efficiency gains in the delivery.
Service payments will be based on either meeting milestones or Output
Specification requirements and hence the contract documents will have detailed
outcomes and key performance indicators for each aspect of service delivery.
The Council will adopt the model standard form framework but will devise its own
detailed specification, post OBC. This will include Island specific issues,
sustainability, carbon footprint, night working and restrictions on refurbishing
certain parts of the network during certain critical dates for tourism. The Council
will follow the following Performance Standards (PS) form:
PS1 Network Performance
PS2 Surveys and Inspections
PS3 Core Investment Period
PS4 Network Standards
PS5 Environment
PS6 Emergency and Response
PS7 Winter Service
PS8 Policies
PS9 Network Management
PS10 Contract Management and Customer Interface
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 89
The Output Specification and Performance Requirements will link to the Payment
Mechanism detailed at 4.7 and all three documents are dependent on one
another in determining the PFI Service Provider’s performance and payment.
The Project Agreement will also be fully cross referenced to the Output
Specification and Payment Mechanism ensuring a cohesive suite of Contract
Documentation.
4.6 Project Agreement
The Council is currently developing a draft Project Agreement with its external
legal advisors, DLA Piper. The precedents being used to inform the drafting of
the Project Agreement include: the Streetlighting Model Contract (due to the
number of analogous issues relating to the maintenance PFI projects already
dealt with in this Model Contract); the Standardisation of PFI Contracts versions 4
("SoPC4"); the draft Highway Management Procurement Pack issued earlier this
year by 4Ps; and other relevant highways contracts.
Initial legal meetings have been held with DLA Piper and WSP (the Council's
technical advisors) to discuss and reach agreed positions on certain key issues
for inclusion in the Project Agreement. As DLA Piper has experience of this
sector from the Birmingham City Council Highways PFI project and the Sheffield
Highways Maintenance PFI Project; the Council is able to take advantage of this
knowledge on all key issues within the sector.
The Council is committed, wherever possible, to adhering to the drafting
contained within SoPC4. However, there are likely to be a number of sector-
specific derogations for which approval will be sought. These derogations arise,
in the main, because this is a maintenance project rather than a design and build
project. The Council will, wherever possible, take advantage of the lessons learnt
on any sector-specific derogations approved in the Birmingham and Sheffield
projects to inform any derogations it proposes to SoPC4 drafting. The Council
will keep a running list of derogations from SoPC4 which it will frequently review
as the drafting of the Project Agreement is developed to confirm the necessity of
any such derogations. Following on from the initial set of legal meetings, the
Council has provided an initial high level summary of the derogations from
SoPC4 which it currently expects to seek on the Project which is set out at
Appendix 18.
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 90
The drafting of the Project Agreement will be completed prior to the start of the
procurement process and will be made available to bidders at the
commencement of procurement.
4.7 Payment Mechanism
It is presently envisaged that the payment mechanism will be based on a Unitary
Charge for the delivery of the key elements of the Highway service; payments to
the Service Provider will vary according to agreed standards, and be measured in
accordance with pre-set rules.
The Council will develop the Payment Mechanism to:
• Incentivise to deliver to required standards, timetable and project objectives
• Encourage to extend asset lifecycle through the use of innovative design
and new technology
• Be bankable
• Be objective, clear, simple, cost effective and capable of measurement.
The approach will build on the experience of the previous projects in the highway
maintenance sector and key guidance from the 4Ps and HM Treasury.
Performance during the CIP will be measured through achievement of
milestones. The initial level of Unitary Charge will reflect the total contract value
less the value of core investment works. As each milestone is achieved, the
Unitary Charge will step up in increments set to make the Unitary Charge
reflective of the total contract value on completion of the CIP.
It is intended that Service Provider performance will be measured against the
service delivery requirements of the Output Specification for each of the
performance standards of the model standard form. These will be appropriately
modified to reflect the service and network conditions of the Island.
PS1 of the standard form relates to the CIP, the performance of which is
monitored and paid for through the milestone methodology outlined above. The
performance standards listed in paragraph 4.5.1 will also form the basis for
monitoring service delivery.
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 91
Some Payment Mechanisms used on previous projects in the sector included
bespoke deductions against each service delivery criterion of the performance
standard, albeit with some banding. The Council will retain this as a fallback
position, but considers that there will be some merit in exploring the benefit of a
simple hierarchy of deductions related to the impact of the performance failure
which would apply to all service delivery criteria.
Apart from simplifying the application and monitoring of the Payment Mechanism,
the common hierarchy approach may allow the introduction of a small set of Key
Performance Indicators into the Payment Mechanism. These would allow the
Council to include some overarching aggregate performance requirements in
addition to the disaggregate requirements of the individual service delivery
criteria.
Service Provider performance will be largely a self monitored with a requirement
for independent review and approval by third party on a random sample of
indicators. The approach to be adopted will be based on irregular and random
sampling but, to incentivise accurate self monitoring, payment deductions for
inaccurate or false reporting will be high. The interface with other contractual
remedies will also be carefully considered.
The Payment Mechanism will be closely integrated and calibrated in line with the
Output Specification and Performance Monitoring Regime, to the extent that all
three documents are dependent on one another, when determining the PFI
Contractor’s performance and payment.
4.8 Derogations from SOPC4
An initial derogations table is attached at Appendix 18. The Council will update
the table as and when necessary and intends to work with DfT and PUK
throughout the procurement process to ensure that approval for derogations can
be obtained in a timely manner.
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 92
4.9 Commercial Issues
4.9.1 Wharf facilities
There are three operating commercial wharfs on the Island, all on the Medina
estuary off the Solent.
The main wharfs are Medina Wharf in Cowes, and Kingston Wharf in East
Cowes, both of which currently accept regular imports of gravel, aggregates and
other bulk cargos. Medina Wharf has direct road access on to the main highway
network via a specially constructed link road. Kingston Wharf is due to have
access to the main road network via a new road link through a proposed
employment development area, due for completion at the end of 2009. On
average (between 2003 and 2008) 72,500 tonnes of stone and 102,000 tonnes of
shingle and ballast per annum were imported to the Island through Cowes
Harbour.
The smallest wharf, Blackhouse Quay, is in the built up heart of Newport.
Although road access is restricted adjacent to the site, and leads onto an
industrial estate road, before reaching the main road network, the wharf still
accepts occasional cargos of gravel for local distribution, but access by sea is
limited by a narrow tidal window and relatively shallow waters.
4.9.2 Isle of Wight Mineral Background
The Island has a number of currently active quarries: 5 sand and gravel, 3 chalk,
and 1 limestone (producing crushed rock). These are distributed across the
Island on a predominately east/west axis orientation, following the geological
occurrence of economically significant reserves. The locations of all of these
quarries can be considered rural (i.e. outside development envelope boundaries)
and they are spread throughout the Island, with the main centre for processing
being located just to the south east of the capital town, Newport. There are
currently 3 quarries that carry out some form of material recycling.
There are a number of environmental constraints to mineral operations, bearing
in mind that extraction is limited to resource occurrence including major chalk
aquifers, AONB, and sites designated for their (European, national, or local)
significance for nature conservation interests (i.e. wildlife and habitats). Other
physical constraints include access, existing development and allocations.
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 93
Further information relating to the Island Plan and Mineral Planning Authority will
be held in the Project Data Room.
4.9.3 Isle of Wight Council Property Considerations
Until the Highways PFI Provider is identified the Council will not be in a position
to determine which, if any, of the currently held highways related Isle of Wight
Council sites might be of interest to the Service Provider, and how they might be
transferred. However, in order to ensure that all prospective bidders are able to
consider the issue of Council held properties, a schedule of such properties will
be held in the Project Data Room.
4.10 Market Soundings/Market Interest
The Council has developed an in-depth understanding of the market place
through:
• Market research
• Market warming on both formal and informal mechanisms including face-to-
face meetings and the publication of a Prior Information Notice in the OJEU
(see Appendix 19)
• A series of industry days to demonstrate the strength of both the project
and the Council to potential service providers, encouraging interest and
participation.
Soft market testing commenced as part of the EoI process and this has continued
to date. Some of the supporting letters attached at see Appendix 20 demonstrate
the on-going interest on this Project. A summary of the market interest is
attached at Appendix 37.
The Council intends to select a partner who is capable of working with the
Council in the long term for the benefit of the Island and held two Industry Days –
the first of these were aimed at the locally based contractors and the second, the
larger gathering, was aimed at potential PFI bidders. The second event was held
on 3 September 2009 at the Royal Yacht Squadron, Cowes, Isle of Wight. A
detailed report on the event is attached at Appendix 35. The Industry Day was led
by the Leader of the Council who introduced potential service providers to the Isle
of Wight and the project. The Programme Director outlined the scope and
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 94
approach the Council are taking in seeking a PFI partner for the Council. The
Technical Manager and the Commercial Manager covered detailed aspects of the
Project. The day was well supported by the DfT, helping to reinforce the strategic
message. The Council also set aside an exhibition area to display asset data and
condition and offered the opportunity for prospective bidders to discuss the
details with the wider IWC team including the Advisors. The presentation also
included a short video to provide an overview of the Island, the highways
condition and give a flavour of some of the residents and visitors’ views about
Island roads, including a visual demonstration of some of the good and bad
areas. This was supplemented by a bus tour of some of the roads and assets
around the Island to further illustrate the rural nature of the Island, the current
state of our network and logistics.
4.11 Project Data
The Council has continued the soft market testing process beyond the Industry
Day to ensure any queries raised are addressed. The Council will only enter the
procurement process once it receives formal approval to proceed from DfT and
the HM Treasury Project Review Group. A draft copy of the OJEU Contract
Notice is attached at Appendix 15.
The Council will set up an extranet system to support the procurement phase of
the Project. The extranet system will act as the virtual data room and will provide
information to Bidders throughout the procurement process. The Council has
comprehensive records of our inventory and asset condition. These will be
available to bidders through the extranet. The Council also has digitised maps in
GIS format; these will be made available on the extranet. All documents that are
on the extranet will also be available in the Project Data Room. There are some
old construction drawings, paper maps and other historic records; these will be
listed on the extranet but only available for review in the Project Data Room.
4.12 Encouragement of Competition
In order to ensure a sufficient number of bidders to achieve a successful
Competitive Dialogue (CD) process, the Council included as broad a scope as it
feels is relevant to the Isle of Wight Project, although this can be refined as the
Competitive Dialogue progresses and dictates.
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 95
In order to minimise early bidder costs and thereby have a reasonable number of
initial bidders, the Council has aimed to set a realistic timetable for achieving the
various stages of the CD process (see 6.5) and intend to hold meetings in
London, or other mainland locations where appropriate, to minimise the need for
bidders to travel to the Isle of Wight. Bidders will however be encouraged to
come to the Island to verify the nature of the assets for themselves and discuss
other matters as they require.
4.13 Bankability
In preparing both the EoI and OBC the following key assumptions have been
made:
• The project will attract bidders. The Council is taking measures to ensure that
this is the case as evidenced above. In addition, the market research undertaken
to date, evidenced at 4.10 indicates a strong commercial interest in this Project.
• Availability of bank funding. The HM Treasury statement that, if necessary the
government will provide the finance for PFI projects to go ahead, has provided a
degree of confidence that money will be available for projects that are currently in
or near to commencing procurement. In addition, with a Financial Close for this
Project not due until late 2012, it is likely that there will be a very different
economic climate at that time and Council has been encouraged by recent
projects closing without the need of funding from HM Treasury. Further
discussion on this is covered in the Financial Case.
4.14 TUPE
Given the current scope of the Project, the Council anticipates the transfer of XX
staff which amounts to a release of a payroll obligation of £XX.
The transfer of staff will take place in accordance with the Transfer of
Undertakings (Protection of Employment) Regulations 2006 (“TUPE”).
The Council has successfully conducted TUPE transfers in the past with no
ongoing obligations.
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 96
The Council is committed to open and transparent communications with staff and
unions ensuring a good working relationship and therefore has produced “A Basic
Guide to TUPE” which will be shared with all staff who are eligible to transfer. A
copy of this guide is attached as Appendix 21.
The Council is committed to ensuring that Equality and Diversity and Health and
Safety issues are paramount in its own and its partner’s practices. As part of the
Council’s pre-qualification process, we thoroughly check all bidders’ diversity and
health and safety policies and ensure that these are in place and embedded in
the organisations practice.
The new provider may be offered the opportunity to enter into a Service Level
Agreement with the Council’s Payroll, HR and Legal departments either on a
permanent or transitional basis to ensure continuity for transferring staff is
maintained.
The Council's pension fund administrator has considered the position should a
bidder choose to apply for admitted body status in the LGPS. A detailed account
of the Council's position and the process for such a situation can be found at
Appendix 22.
However, in the event that the successful bidder does not enter the LGPS, under
the terms of TUPE they will be required to offer a pension broadly comparable to
the Council’s Local Government Pension Scheme.
Broadly comparability relates to the protection of transferring employees’ future
pension rights. Assessment of whether a scheme is “broadly comparable” falls
within the remit of the Government’s Actuary Department whose principles are
set out in “Assessment of broad comparability of pension rights, Statement of
practice by the Government Actuary, May 1999” which is attached at Appendix
23.
As well as the staff considerations, the Council is maintaining a list of current
contractors to monitor any legal implications that the PFI will have on these and
to ensure that businesses are notified of any implications on them upon which
they will need to seek independent advice. In addition, where potential TUPE
implications arise, the Council will facilitate contact between contractors and the
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 97
successful bidder for the PFI to ensure a smooth transition is guaranteed. The
bidder will be required to demonstrate a commitment to developing
apprenticeship opportunities through joint working with Island-based schools and
colleges to develop skills.
The Council proposes to retain a core group of staff who will take responsibility
for the management and oversight of the contract and maintain the residual
functions. This will ensure that the Council can monitor delivery, services and
outputs. Further detail on the management of the contract is set out in the
Management Case.
4.15 Insurance
4.15.1 Current Insurance Arrangements
The Council’s current public liability insurance policy includes a deductible of
£125,000. As a result, the Council effectively self-insures meeting claims from its
insurance reserves in full where the total value of the claim is less than £125,000
or paying the first £125,000 of larger claims. The handling of claims is
undertaken jointly between the Council’s Insurance Unit and Council’s insurer.
The Council’s highways claims experience over recent years is detailed in 2.17.2.
The Council self-insures the highways assets.
4.15.2 Insurance Arrangements under PFI
As the highways authority, the Council will remain liable at law in respect of any
claim made in respect of the Island’s network. Subject to confirmation through
commercial negotiations with the successful tenderer, it is anticipated that the PFI
Service Provider will arrange and continue to provide adequate insurance cover
throughout the term of the contract to indemnify the Council against all public
liability claims arising from the highways network. These insurance
arrangements will be subject to approval by the Council annually. The Service
Provider (either directly or through the insurer) will be responsible for the receipt,
handling and determination of such claims. It is reasonable to assume that the
volume of claims made will reduce as a result of the improved standard of the
road and pavement surfaces (and that improvements in the inspection regime will
also increase the repudiation rate for such claims).
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 98
The Council has consulted its insurance advisor JLT Group. It is the Council’s
intention not to require the PFI Provider to insure the highway network against
catastrophic loss.
4.16 Conclusion
The Council has soft tested the market to ensure it has an attractive Project
which will be of interest to bidders when the Project goes to market. The Council
has established a robust procurement strategy, utilising the Competitive Dialogue
process, allowing appropriate lead times for each stage. The Council has
discussed the key documentation for the Project: the Output Specification,
Payment Mechanism and Project Agreement, and also considered the TUPE
implications for staff likely to be affected by the Project and set out the Council's
position with regard to pension schemes. Whilst a number of the items discussed
in this section need further work, the Council believes that the position with
regard to commercial issues is well thought out and robust.
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 99
5 Financial Case
5.1 Introduction
The purpose of the Financial Case is to establish the financial justification for the
Project. It details the basis for building the base costs; the assumptions and the
methodology for calculating PFI credits and Unitary Charge; the Council’s own
affordability position and the calculation of the Public Sector Comparator (PSC).
Finally, it sets out the case for proceeding with the PFI procurement by
demonstrating Value for Money.
5.2 PSC Base Costs
The key cost elements for the Project to deliver the services required can be
classified under Core Investment Period (CIP) costs, Lifecycle replacement costs,
Operational and Maintenance costs, and Contract Management costs. The scope
of services and the approach to determining costs reflects an integrated service
delivery across the Island that would form the basis of the Output Specification
when going out to tender.
WDM, our highway survey consultants, have undertaken Condition Surveys to
estimate the backlog of repairs required to bring the Isle of Wight network up to
current acceptable standards. The detail of their cost modelling exercise is
provided at Appendix 5.
The Council staff, who are specialists in their own area, have considered the
requirements to bring other project assets up to acceptable standards and these
costs, together with the WDM costs above, have been fed in to the Technical
model (see Appendix 14) for verification and then submission to the Financial
Advisors for financial modelling.
The base costs (real 2009 prices un-indexed) over a 25 year period are:
• Core Investment Period (7 years)
• Authority funded Capital costs over CIP
• Total £139.66m
• Lifecycle costs (18 years)
• Authority funded Lifecycle replacement costs
• Total £173.58
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 100
• Operation and Maintenance (25 years)
• Authority funded O&M costs over 25 years
• Contract Management Costs (25 years)
• Total £181.26
Sections of the bullet point table have been removed as they are
deemed commercially sensitive.
5.2.1 Core Investment Period (CIP)
The Council has tested the CIP for a 5 and 7 year period and concluded that,
from the Island’s perspective, a 7 year CIP was optimum to facilitate a smooth
rehabilitation programme without causing significant disruption to the Island
residents and also to the visitors to the Island. The detailed rationale behind this
is supported by the results of Council’s Island-wide traffic model, the results of
which are detailed in Appendix 10.
A summary of the CIP costs, including the Authority funded scope, is provided
below:
Two tables in this section have been removed as they are deemed
commercially sensitive.
5.2.2 Lifecycle, and Operations and Maintenance Costs
A summary of the Lifecycle (18 year) and Operation and Maintenance (25 years)
costs, including Authority funded scope, is provided below:
Three tables in this section have been removed as they are
deemed commercially sensitive.
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 101
5.3 Shadow Bid Model
The Shadow Bid model (see Appendix 24) estimates the work required, and the
cost of that work to meet the Council’s required standards, under a PFI delivery
model. The model seeks to replicate the cost that the Council and its technical
advisors believe would be proposed in a commercial bid from potential bidders for
this Project, given the requirements of the Project and the proposed risk allocation
developed to date. The model takes into account the current state of the economy
and its impact on funding markets.
The key output of the Shadow Bid model is the Unitary Charge calculation, which
is then used for estimating the Project’s affordability. The Unitary Charge (UC) is
based on a base case assumption of tighter market conditions being prevalent at
the time of financial close, as opposed to what has been extant in the past few
years, and also takes in to account the commercial terms that equity providers will
want to see.
UC for Affordability y
Calculations
First Full Year Year 8 Year 25
£19.8m £38.0m £54.7m
Whilst the base case assumptions represent the best estimates on information
currently available, sensitivities have been undertaken to determine the impact of
changes in the funding market; these are discussed in 5.5.4.
5.3.1 Shadow Bid Costs
The Shadow Bid costs, which are the key technical inputs into the Shadow Bid
Model, have been developed to take into consideration efficiency factors
associated with a long-term integrated services delivery contract delivered through
the private sector. These efficiencies, to take account of a PFI Service Provider’s
ability to achieve economies of scale, procurement savings, long-term contract
security, integrated service delivery through effective coordination and reduction in
duplication, and the ability to bring about innovation, are detailed below and were
applied to the PSC base costs during CIP (5.2.1), and during Lifecycle and
Operation and Maintenance (5.2.2):
• CIP 7% • Lifecycle 7%
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 102
• O&M 5%
Further, the commercial risk pricing that a PFI Service Provider would typically use
for pricing has been determined through a series of risk workshops. These risks
were defined and agreed between the Technical Advisors, the Financial Advisors
and IWC and are discussed in more detail under the Value for Money Section
(5.7). The following commercial uplifts have been applied to the efficiency adjusted
PSC to give the final Shadow Bid model costs:
• CIP 10.7% • Lifecycle 6.1% • O&M 4.1%
5.4 Affordability
The annuity based affordability model calculates IWC credit requirement based on
the Gap Funding method, after considering all sources of funds available for the
Project.
The main sources for funding available for the Project are:
5.4.1 Budgetary Contribution
The current highways budget contribution and additional resources approved by
the Council is £339.5m over the life of the Project in nominal terms (£9.02m p.a.
(including client side costs, indexed annually at RPIX).
Sections of the text have been removed as they are deemed
commercially sensitive.
Annual spend £m
Highways X
Design X
Structures X
Street lighting X
Energy X
Traffic X
Network Management X
Cycleways X
Support X
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 103
Street Cleansing X
Public Realm X
CCTV X
Central Services X
Additional funding for in-scope X
Additional contribution agreed EOI X
Total X
Client side monitoring 0.700
Total Budgetary Contribution 9.02
The Council has further considered the potential for costs exceeding beyond the
base case and assessed an upper limit of a 80th percentile risk envelope and the
possibility of a 12 month extension to the programme.
5.4.2 Cash flows from PFI Credits
PFI credits have been assumed as payable on an annuity basis from the point of
service commencement in accordance with CLG guidance (Local Government PFI
support guide (2009-2010)). The annuity grant receipts are £677.5m (in nominal
terms) over the life of the Project.
5.4.3 Interest on cash balances
Interest on cash balances calculated @ 3.5% arising from the Project cash flows is
£45.6m in nominal terms over the life of the project.
5.5 PFI Credits and Calculation Methodology
PFI credit calculations have been undertaken through both the ‘Revenue
Abatement’ and ‘Gap Funding’ approaches. The Council’s credit requirement is
based on the ‘Gap Funding’ method; however the ‘Revenue Abatement’ method
was used in line with CLG guidance and to demonstrate that IWC is seeking PFI
credits only to support the capital elements of the Project.
5.5.1 Revenue Abatement Method
The Revenue Abatement method used is in line with CLG guidance and calculates
the overall project costs, making abatement in respect of the revenue component.
For this Project, the split between Capital and Revenue spend based on detailed
costing is assumed as 70:30. The classification of costs into capital and revenue
has been based on discussions with the Council’s Project Team and Technical
Advisors. The PFI credit requirement using the Revenue Abatement method is
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 104
£364.6m before the inclusion of Authority funded scope, or £371.1m after the
inclusion of Authority funded scope.
5.5.2 Gap Funding Method
Based on the cost of works calculated by the Shadow Bid Model and IWC budget
contribution to the project, the required funding to meet the project costs is
calculated using the Annuity Based Affordability Model (see Appendix 25). The
PFI credit requirement using the Gap Funding method is £364.6m after the
inclusion of Authority funded scope.
5.5.3 PFI Credit Requirement
The different PFI credit calculation methodologies above indicate a PFI Credit
requirement of £364.6m under both the Gap Funding methodology, after taking
account of the Authority funded costs, and the Revenue Abatement methodology,
before taking account of the Authority funded costs. Both methodologies assume a
discount rate of 5.4%, for projects endorsed in 2009-10 and 2010-11, and a
scaling factor of 1.0 to be used in the calculation of PFI Credits as specified in
CLG’s Local Government PFI Project Support Guide (2009-10) p1.
The following table shows the base case Unitary Charge and PFI Credit
requirement:
£’m NPV Revenue Abatement
Gap Funding UC in first full year
OBC Base Case 364.6 (before taking account of Authority funded costs)
364.6 (after taking account of Authority funded costs)
£19.8
At the EoI stage, the PFI Credit requirement was £325m (Gap Funding method) or
£391m (“Capital Costs” method). At that time PFI Credit requirement under
Revenue Abatement was not calculated.
£’m NPV Capital Costs Revenue Abatement
Gap Funding UC in first full
year
EOI Case 391 - 325 18.4
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 105
The Council’s credit requirement is based on the ‘Gap Funding’ method as
discussed above. The impact of changes in the financial markets since EoI stage
and changes to the scope (see below) have increased the PFI credit requirement.
However, the Council has increased its financial contribution from £5.5m per
annum to £9.02m per annum (including client side costs) to take account of the
increased scope and, overall, the increase in Council contributions has helped to
reduce the effects of the negative impact of the financial markets.
Funding market conditions have changed significantly since 2006/07 when the
original EoI was submitted and the PFI credit requirements set out in this
document reflect current financial market conditions.
The Council has revisited the PFI Project Scope since the EoI stage and this has
helped to gain greater synergies between the various highway related services
and achieve greater efficiencies. A reconciliation of PFI credit requirement from
EoI to OBC is set out in Justification for Scope Change from EoI stage (Appendix
7).
The Council has also carried out sensitivities to changing financial markets and
they are discussed at 5.5.4 below.
5.5.4 Sensitivities
In calculating the credit requirement, a number of sensitivities on financial terms
and scope have been undertaken. The Council has carried out sensitivities to
assess the impact of a worsening credit market by a further 50 base points, and
a series of improving credit market conditions:
The table below shows the financial assumptions corresponding to the above
sensitivities:
Sensitivities December 2009 Base Case
December 2009 Market Improvement
December 2009 Market Improvement (Higher margins)
50 bps increase in swap rate
Term 23 years 23 years 23 years 23 years
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 106
Swap rate 4.50% + 0.50% buffer = 5.00%
4.50% + 0.50% buffer = 5.00%
4.50% + 0.50% buffer = 5.00%
4.50% + 0.50% buffer + 0.50% increase = 5.50%
Credit spread 0.30% 0.20% 0.20% 0.30%
Margin – CIP 2.50% 1.50% 2.50% 2.50%
Margin – Operations Year 8 – 10
3.00% 1.50% 2.50% 3.00%
Margin – Operations Year 11 onwards
3.50% 1.50% 2.50% 3.50%
Arrangement Fee 2.50% 1.00% 2.00% 2.50%
Commitment Fee 50% of CIP margin
50% of CIP margin
50% of CIP margin
50% of CIP margin
Equity Bridge Arrangement Fee, Commitment Fee and Margin
Same as Senior Debt
Same as Senior Debt
Same as Senior Debt
Same as Senior Debt
Equity Bridge Letter of Credit
2.00% 1.00% 1.50% 2.00%
Minimum ADSCR 1.30 1.25 1.25 1.30
Minimum LLCR 1.35 1.30 1.30 1.35
The Authority also carried out sensitivities to determine downsides for the project.
Sections of the text have been removed as they are deemed
commercially sensitive.
All other sensitivities tested are less extreme than the Envelope
Sections of the text have been removed as they are deemed
commercially sensitive.
A table was removed as it was deemed commercially sensitive.
5.6 Preferred bidder debt funding competitions
Since late 2007 there has been a substantial deterioration in the market for
lending to PFI projects as a result of decreased liquidity in the financial markets.
There is considerable illiquidity among commercial lenders which has resulted in
a reduced availability and increased cost of funds, and put a strain on the length
of PFI tenors.
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 107
Based on the Council’s current estimated costs, it is expected that this Project will
be looking to raise just over £104m of senior debt. In the current market, it is
unlikely that there would be sufficient market interest for this amount to be raised
effectively through a funding competition; however there are signs of market
improvements in the last quarter:
• In recent months there have been signs of a limited improvement in the
market, demonstrated through the high profile M25 deal closing;
• There have been some 15 other projects that have closed in the last quarter;
and
• The project is not expected to reach financial close until late 2012, by which
time the market may have substantially recovered.
The Council and its Financial Advisors will continually monitor the lending market
in order to determine the optimum financing strategy at each stage of the Project,
and consider possible opportunities for competition in the future.
5.7 Value for Money
5.7.1 Pre and Post Optimism Bias
Optimism Bias (OB) has been calculated in accordance with CLG guidance note,
“Adjusting for Optimism Bias in FRS PFI projects” (March 2007). The main
strategies for reducing OB, including stakeholder consultation, accurate costing
and project and risk management, have been implemented and a series of risk
workshops have been undertaken to determine the OB levels to be included in the
VfM analysis.
The figures that have been applied for optimism bias are set out in the table below;
Expenditure Category OB Pre Final Business
Case
OB Post Final
Business Case
Initial capex 5% 36.6%
Lifecycle 7% 7.3%
Opex 5% 18.9%
Public sector transaction costs 5% 10.0%
The “OB Post Final Business Case” percentages added to the PSC costs and set
out in the table above were agreed at the risk workshops and also include a 5%
‘residual risk’ allowance. The PSC ‘residual risk’ was considered to be 5% in total
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 108
and was allocated to the CIP, Lifecycle and Operation & Maintenance cost
categories pro-rata to their contribution to the overall risk total.
However, the quantification arising from the risk workshops does not cover all
possible risks; it focuses on the quantification of the top 14 risks. There is therefore
a possibility that
• A significant risk has been missed; and/or
• The quantification of the risks is wrong.
The risk of missing out something significant is very small indeed. The Council
has used a number of precedents in determining the risk register and had
significant input from all our advisors, bringing in a wealth of experience from
similar PFI projects. Risks not within the top 14 are covered by qualitative analysis
which indicates that they have minimal value and it is not necessary to quantify
them separately.
The risk that the quantification of risks may be wrong is clearly real; quantification
is essentially a series of informed judgements. However, in the Council’s view, the
risk is just as likely to be higher as it is to be lower than quantified, with any
variances netted out, and therefore its expected value is zero.
On the basis of these factors, the Council has taken a judgement to add a
"residual" optimism bias figure of 5% to the numbers arising from the detailed risk
workshops.
5.7.2 Quantitative & Qualitative Assessment
The Council has followed the HM Treasury guidance in demonstrating Value for
Money (VfM) from the PFI option as compared to the PSC option (also referred to
as the Conventional Procurement ‘CP’ option in the Treasury guidance). The
Council adopted the following process in order to quantitatively assess Value for
Money.
A series of risk workshops were held to identify and quantify the key contract risks.
A long list of potential risks was developed and consideration given to whether the
risk would be retained, transferred, or shared under the PFI, and whether there
were any actions the Council could take to mitigate the risks (see Appendix 26).
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 109
The likely impact of each risk was scored, both before and after any action the
Council may take to mitigate the risk.
A Monte Carlo analysis (see Appendix 27) of the outputs from the risk workshops
for the CIP, Lifecycle and O&M phases was carried out to determine the Post Final
Business Case Optimism Bias. The following table provides a summary of the
Risk/OB assessment.
Pre OB PSC (Post-OB) PFI (Post-OB) CIP 5% 36.5% 10.7% Lifecycle 7% 7.3%% 6.1% O&M 5% 18.9%% 4.1%
The results of this exercise were used as inputs to the Treasury VfM model and
the PFI option was found to be 13.68% against the PSC option. The details of this
exercise and the detailed assumptions sheet are attached at Appendix 26.
5.8 Initial view on Accounting Treatment
Communities and Local Government issued the following “Accounting opinion
requirements for PFI credits” on 18 November 2008:
“A current pre-requisite for PFI credit support (as set out in CLG’s Local
Government PFI Project Support Guide for 2009-10) states that local authorities
will account for PFI projects according to current guidance - which is anticipated in
the 2009 SORP to be in accordance with IFRS (www.cipfa.org.uk/pt/download/
LAA_SORP_2009_ITC_exposure_draft.pdf), and to include a controls-based
assessment of balance sheet treatment. While local authorities are encouraged to
take an early view of the accounting treatment under this guidance, there is no
need to include this view in the Outline Business Case.
However, local authorities are also required to include an initial view on the likely
budgeting balance sheet treatment in the National Accounts, which will be based
on standards laid out in part IV of the ESA95 Manual of Government Deficit and
Debt (ESA 95). This is a risk-based analysis and states that where construction
and either availability or demand risk are transferred to the private sector, the
asset will be off balance sheet in the National Accounts.
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 110
ESA 95 states that "the contract may refer either to a new asset or to significant
refurbishment, modernisation or upgrading of existing assets, including assets
already owned and managed by government but provided that the expenditure for
renovation, etc., will represent a predominant part of the new value of the asset
after renovation." In accordance with this, the Council’s best view of the likely
treatment in the National Accounts when the Highways PFI project commences in
April 2013 is that it is likely assets within this project will remain off balance sheet’.
Under ESA95 no view is required from the Council’s external advisers; it is
expected that DfT, will provide PRG with their opinion on whether the view is
reasonable or not.
5.9 Financial Case Summary
A table was removed as it was deemed commercially sensitive.
Isle of Wight Council – Highways PFI Outline Business Case – December 2009 111
6 Management Case
6.1 Introduction
The Management Case sets out the governance arrangements regarding the
Project including differentiating between decision making and operational
activities. It outlines current structures and structures post OBC, and describes
the experience and contribution of the advisors appointed to assist the Council
with this Project. It sets out the delivery plan and discusses the approaches
during both the operational and contract monitoring phases. It also details the
Council’s approach to stakeholder risk and data management. Finally this
section considers the Council’s readiness to proceed to procurement.