2 November 2015
Stephen Byrne a Principal in Allion Legal’s Projects/Infrastructure team recently advised on Allion’s first ever Public Private Partnership (PPP) – the $370 million WA Schools PPP project. Stephen’s role involved reviewing and providing an opinion on a number of complex project documents, including the Project Deed with the State, Design and Construct Subcontract, Design and Construct Subcontract Guarantees, Joint Venture Agreement, Trust Deeds, Interface Deed and Sub-Independent Certifier Deed of Appointment.
The innovative WA Schools PPP project is a very different way of delivering public education facilities in WA. The partnership will see eight public schools designed, built, financed and maintained by project company EduWest. Four new primary schools and four secondary schools built in stages, will open progressively from 2017 to 2023, with a subsequent 25 year maintenance period. The schools have been identified based on projected population growth, student enrolment pressures on neighbouring schools and availability of land.
The ‘Design-Build-Finance-Maintain’ PPP model includes facilities management services for all the schools as well as their construction. Facilities management services include maintenance, waste management, utilities management, lifecycle services (replacement and preventative maintenance), general management services, helpdesk services, grounds and gardens maintenance, pest control, cleaning, security and a catering services option.
A key benefit of this procurement model is to remove the management and maintenance of school facilities from Principals allowing them and their staff greater capacity to focus on student learning, support and wellbeing.
To ensure EduWest is incentivised to build high-quality schools in time, within budget and for maintenance to be performed to a high standard, the State will only make payments when the schools are complete and ready for operation.
Similar partnerships in Queensland, New South Wales, Victoria and South Australia have been successful and are already delivering public schools and associated facilities management services.