Jim O'Keeffe (Cork South West, Fine Gael)
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Question 240: To ask the Minister for Finance the arrangements made with the multi-disciplinary design team producing a redevelopment plan for the Mountjoy sale site, including the main terms of such contract; the persons involved; their qualifications; and the amounts paid to them to date and payable in the future. [14276/07]

Tom Parlon (Laois-Offaly, Progressive Democrats)
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The Commissioners of Public Works have appointed a multi-disciplinary Design Team, headed by Heneghan Peng Architects, in order to seek full Planning Permission for the re-development of the Mountjoy Prison site. The total value of the contract is €2,042,679 excluding VAT, of which €408,535.80 excluding VAT , has been paid to date. Details of the Conditions of Contract are set out below in Appendix A. Particulars of the Design Team are contained in Appendix B.

Appendix A

The Commissioners of Public Works in Ireland (CPW)

Mountjoy Site Redevelopment

SERVICES

CONDITIONS OF CONTRACT

1. Definitions:—

1.1The "Contracting Authority" is the Commissioners of Public Works in Ireland (CPW) 51/52 St Stephen's Green, Dublin 2, Ireland.

1.2The "Project" means the Redevelopment of the Mountjoy Site of some 7.9ha for CPW at North Circular Road, Dublin 7.

1.3The "Contract Documents" mean the Instructions to Tenderers, Form of Tender, Brief of Services Required and Conditions of Contract.

1.4The "Lead Consultant" means the Architect in the partnership or company appointed by CPW who will contract with CPW and shall be identified in the Contract as the Consultant who alone shall have primary responsibility and liability for the performance of the full range of Services, notwithstanding the appointment by such Consultant of the other Members of the Grouping as Sub-Consultants. Such Sub-Consultants will be required to execute and provide collateral (direct) Warranties to CPW in the form set out in Appendix 1. The Architect of the Services Team will co-ordinate and direct the inputs from other Consultants involved in the Project and provide information to, discuss proposals with and co-ordinate and incorporate the input of these Sub-Consultants.

1.5"VAT" means Irish Value Added Tax.

2. Indicative Period for Completion of Services

CPW envisages that a Planning Application will be lodged with the Local Authority at the end of December 2006. The Planning process may then take some 3 months with the possibility of Requests for Further Information (RFI) and Third Party Appeals extending this period by a further 6 months. If Third Party Appeals lead to An Bord Pleanala Oral hearings etc., this indicative time period could be extended to 12 months.

The Services Provider shall facilitate this indicative timeframe or as may be amended by CPW.

N.B. No increase in the lump sum fee tendered will be given, if the above indicative timeframe changes.

3.Health and Safety Duties of the Services Provider

The fee for this shall be deemed to be part of the tendered fee.

4. Skill, Care and Diligence

The Services Provider shall have and shall exercise all reasonable skill and care in the provision of the services and duties to be performed or undertaken by them and shall carry them out diligently and in good time and with all necessary resources.

5.Collaboration with other Services Team Members

The Lead Consultant shall collaborate fully and intensively with CPW and with the other members of the Services Team at all stages of the Project and shall provide them with any necessary information reasonably required for their purposes and with copies of such documents, as may be required by them.

6. Professional Indemnity Insurance

Each Member of Grouping/Entity, shall maintain Professional Indemnity Insurance for 6 (six) years after the date of receipt of Planning Permission for the Project (with a well established and reputable insurance office or underwriter of repute carrying on business in the European Union) with a limit of indemnity not less than €2.54m for any one occurrence arising out of any one event arising out of any negligence, omission or default on the part of the Grouping/Entity. As and when the Grouping/Entity is reasonably requested to do so by the Contracting Authority the Grouping/Entity shall produce for inspection sufficient documentary evidence that the insurance required under this Clause is being maintained in accordance with the terms of this Document.

7. Tax Clearance

It shall be a condition of the award of this Contract that the successful Grouping/Entity be able to produce promptly a Tax Clearance Certificate or, in the case of a non-resident, a Statement from the Revenue Commissioners in Ireland confirming suitability on tax grounds. In the event of a Group bid, this condition shall apply in respect of each and every member of the Group bid.

8. Scope of Works

CPW reserves the right to amend the "redevelopment of the Mountjoy Site — Scope of Works" (as set out in Section 4 of this Document) and to require amendments to the design in line with the development of the Master Plan. The Services Provider shall have no entitlement to increase the fee tendered as a result of any such change.

9. Financing of the Project and basis of Fee

The Services Provider shall be paid for the Services required, under the headings:—

(1)Lump Sum Fees or per hour/ per diem rates if or where applicable (see Sections 2 and 3 of this document).

The Lump Sum shall not include VAT or any similar tax payable on professional fees. Any such taxes shall be added separately to the fees calculated in accordance with the above.

Tenderers should note, in particular, that fees will not be paid on VAT at any time.

Lump sum for expenses

The sum quoted in the Services Provider Tender for expenses shall cover all items of expenses, howsoever arising, to enable the Services required to be performed.

Time spent in travelling shall not be payable as an extra cost.

VAT on expenses shall be shown separately.

10. Additional Fees

Additional fees may be paid for additional professional services at the tendered per hour/per diem rate.

Before any work, meriting additional fees, on a time basis, is carried out, CPW must be informed that such work will involve extra fees and CPW's formal approval to the carrying out of the work must be obtained. It must be clearly established that the work in question is not such as would be reasonably expected to be covered within the "Brief of Services Required" specified in Section 6 of this Document.

11. Payments

Fees upon completion of:—

(a)Initial Stage up to and including presentation of a Master Plan and its agreement with CPW.

(b)Development of Master Plan Stage.

(c)Development of Planning Application and E.I.A Documentation Stage.

(d)Submission of Planning Application Stage.

—all as specified in the "Brief of Services Required" (Section 6 of this Document) shall be 20%, 30%, 30%, 15% and for (a), (b), (c), (d) respectively of the Lump Sum tendered. CPW will pay the final 5% of the Lump Sum tendered on validation of the Planning Application by the Planning Authority.

All payments will be contingent on the Services provider having a then current Tax Clearance Certificate or Statement from the Revenue Commissioners in Ireland confirming suitability on Tax grounds.

12. VAT

The addition made for VAT in the Tender sum shall be regarded as a Provisional Sum. In the Tender it shall be calculated at 21% of the Tender before tax prior to any payments issuing. In any payment invoices it shall be calculated at such rate(s), applied to the Invoice before tax, as may be properly decided by the Revenue Commissioners in Ireland under the powers vested in them by the Value Added Tax Act, 1972, but shall exclude any over-payments made or penalties incurred under the Act.

13. Withholding Tax

Payment on foot of the Services Contract shall be subject to Irish Withholding Tax at the rate of 20% (or as amended) as laid down by the Revenue Commissioners in Ireland. Non-residents may be able to reclaim such deducted Tax from the Office of the Revenue Commissioners in Ireland, International Claims Section located currently at Government Buildings, Nenagh, Co. Tipperary, Ireland (Tel: 01-6774211).

14. Proceeding with Project

While it is envisaged that the Project will proceed to conclusion, CPW shall have no liability to the Services Provider arising out of any failure to proceed with the Project, in respect of any costs, losses or expenses (whatsoever or howsoever arising and including without limitation, loss of profit or contribution to overheads) save in respect of any fees or expenses properly due pursuant to acceptance of the Services Provider Tender for Services provided prior to the making of the decision not to proceed.

Furthermore, if CPW decides not to proceed with the Project, (or any part thereof) for whatever reason, the Services Provider shall have no entitlement or right by virtue of acceptance of Tender or otherwise, to participate in any future development work at the site at North Circular Road, Dublin 7, unless CPW expressly agrees in writing by further Appointment.

15. Abandonment of the Services Contract

The Services Contract will be deemed to be abandoned if instructions necessary for the Services Provider to continue the work are not received from CPW within nine calendar months after such instructions were formally requested. If a Contract, which has been postponed is resumed without substantial alterations within two years any fees paid shall be deemed to be payment on account towards the total fees payable on the execution of the Services.

16. Termination of the Services Contract

CPW shall have the right of optional termination of the Services Contract on thirty days notice subject to an entitlement on the part of the Services Provider to be paid such part of the fee and expenses as is proportionate to the part of the total Service performed at the date of the issue of the termination notice.

17.Assignment of the Services Contract by the Services Provider

The Services Provider shall not assign his interest in the Services Contract to any other party without the agreement of CPW.

18.Assignment of the Services Contract by Commissioners of Public Works (CPW)

The Services Contract may be assigned by CPW, by means of absolute legal assignment to another person taking an assignment of CPW's interest in the project, without the consent of the Services Provider being required and such assignment shall be effective upon written notice.

19. Copyright

The copyright in all designs, drawings, reports, specifications, consents, papers and other similar documents produced by the Services Provider in connection with the Project (the "Documents") shall remain vested in the Services Provider but CPW shall have a perpetual, non-exclusive, irrevocable and assignable royalty free licence to reproduce, copy and use the Documents for all purposes connected with the Project. The licence granted to the CPW shall include a right for CPW to grant sub-licences.

CPW shall be entitled (at its own cost) to full and proper copies of the Documents in the possession or control of the Services Provider and the Services Provider will not claim copyright or a lien in respect of them against CPW.

20. Law

The Services Contract will be interpreted and construed in accordance with the laws of Ireland.

21. Irish Building Control Act 1990

The law applicable to design and construction of work in Ireland is the Irish Building Control Act 1990 and any Regulations made thereunder.

22. Language

The Services Provider shall provide all services in the English Language.

23. Disputes

Any dispute arising out of this Contract shall be referred to the Arbitration of a person to be mutually agreed upon or, failing agreement, of some person nominated by the Chairman for the time being of the Royal Institute of the Architects of Ireland (if the Chairman is willing to so nominate) and any such reference shall be deemed to be a submission to Arbitration within the meaning of the Arbitration Act, 1954, or any statutory re-enactment thereof for the time being in force.

24. Collateral Agreement

The Services Provider shall be required to execute, when requested by the Contracting Authority, a Collateral Agreement in the form set out in Appendix I attached.

Appendix B

Mountjoy Prison — Redevelopment Project:

Design Team:

Heneghan Peng — Architects & Design Team Leader

Arthur Gibney & Partners — Conservation Architects

Tiros Resources Ltd — Planning Consultants

Buro Happold — Services Engineers

Buro Happold — Fire Consultants

Michael Punch & Partners — Structural Engineers

Faber Maunsell — Traffic Consultants

Irish Archaeology Consultancy Ltd — Archaeology

Boyd Creed Sweet — Quantity Surveyors

H O K — Property Consultant

Tiros — Landscape & Visual Impact

Scott Cawley — Flora & Fauna

Awn Consulting — Waste Management, Noise, Air Quality