Andrew Doyle
Question:63. Deputy Andrew Doyle asked the Minister for Public Expenditure and Reform if there is an up to date pro forma Public Works Contract for minor works; and if he will make a statement on the matter. [4418/14]
View answerPublic Procurement Contracts
Questions (63)
Written answers
All policy, guidance and implementation measures relating to capital projects is published on the Construction Procurement Reform website www.constructionprocurement.gov.ie where the Capital Works Management Framework provides a suite of best practice guidance, standard contracts and generic template documents are available to download for all contracting authorities to provide a consistent approach to the management of public works projects.
The Capital Works Management Framework (CWMF) was introduced on a phased basis from 2007 and became mandatory for all contracting authorities through the issue of Department of Finance Circular 06/10 on 5 May 2010. The documents are updated and augmented where appropriate to respond to new developments in the industry and changes in the regulatory environment.
A number of standard CWMF contracts may be used for minor works and the current and archived versions are available to download from the above website. The Short Public Works Contract (PW-CF6 - current version v1.7 27/01/2014) is generally used for Employer-designed projects whose value is less than €500,000 (including VAT). The Minor Works Contract (PW-CF5 - current version v1.8 27/01/2014) is appropriate where the project is relatively straightforward and the value of the construction contract (including VAT) is greater than €500,000 and less than €5 million. A new framework agreement (version 1.0 12/12/2013) was developed for use with the Term Maintenance and Refurbishment Contract (PW-CF11 - current version 1.1 12/12/2013) and published on the website in December 2013. The Term Maintenance and Refurbishment Contract and framework agreement may be used to address urgent maintenance requirements or where certain types of planned maintenance and refurbishment and small works are envisaged.
Public Procurement Contracts
Questions (64)
Andrew Doyle
Question:64. Deputy Andrew Doyle asked the Minister for Public Expenditure and Reform if any of the public works contracts have any reference to any national collective agreement; and if he will make a statement on the matter. [4419/14]
View answerWritten answers
The Capital Works Management Framework (CWMF) public works contracts include a clause on Pay and Conditions of Employment which requires all those employed on the works to be paid in accordance with all applicable law. The following reference is made in relation to payment and conditions of employment of workers:
The Contractor shall ensure that the rates of pay and the conditions of employment, including pension contributions, comply with all applicable law and that those rates and conditions are at least as favourable as those for the relevant category of worker in any employment agreements registered under the Industrial Relations Acts 1946 to 2004.
In May 2013, the Supreme Court struck down as unconstitutional the framework for the registration of employment agreements as provided for in the 1946 Industrial Relations Act. Prior to the Supreme Court decision, Registered Employment Agreements could be enforced by statute and proceedings brought against employers who failed to comply with these requirements. However, until such time as a mechanism is developed that addresses the Constitutional issues raised by the Supreme Court, collective agreements may only be enforced by the parties to the agreement.
In light of the Supreme Court decision, my Department considered the references in the Pay and Conditions of Employment clause in the public works contracts and is satisfied that no amendments are necessary to the clause.
Building Regulations Compliance
Questions (65)
Kevin Humphreys
Question:65. Deputy Kevin Humphreys asked the Minister for Public Expenditure and Reform in respect of capital building projects under the remit of his Department and the building programmes planned for 2014, if he will outline the impact the new building control regulations 2013, that come into effect on 1 March, will have on the costs of each specific project; if he will list the projects under way; the extra costs that will be incurred on each project due to increased professional fees and increased supervision; and if he will make a statement on the matter. [4371/14]
View answerWritten answers
The impact of the new Building Control (Amendment) Regulations, which come into effect on 1 March 2014, should strengthen and improve compliance with Irish Building Regulations.
A statutory certification of building design and site construction will be required for the first time. When one considers the problems encountered in well publicised non-compliant projects, the additional work needed to carry out the new statutory certification can be seen to be suitable and appropriate.
The new process will include certification of design and construction through the lodgement of compliance documentation, mandatory inspections during construction and the validation and registration of certificates.
The new statutory requirements apply to projects for which commencement notices are submitted on and after 1 March 2014. In this regard public construction projects which are currently underway or which are validly commenced prior to 1 March 2014 will be unaffected by SI No. 9 of 2014. Projects for which tender documents are currently being produced will be advertised having regard to the new statutory requirements comprehended by SI No. 9 of 2014 and the contract price will be determined by competitive tender in line with normal arrangements. Projects for which contractual arrangements have previously been entered into but which have not yet commenced will now have to take on board the additional requirements of SI No. 9 of 2014. The suite of public works contracts and conditions of engagement as set out in the Capital Works Management Framework, provides context for addressing the additional statutory requirements and the associated costs. As part of the competitive process for each project, the standard conditions of engagement require consultants to submit rates for time charges and these tendered rates are evaluated before appointment. The submitted rates will provide the basis for reimbursement for any additional services required from the consultants arising from the requirements of S.I. 9 of 2014. The additional cost arising for each project will depend on the particular specifics of that project.
The new measures should ensure compliance with minimum building control standards and significantly reduce the incidences of defective building works and the very significant costs that go with carrying out remedial works.
Where the OPW is undertaking the design and site supervision of projects through its own staff, there will be no additional cost to those projects.
Flood Prevention Measures
Questions (66, 67)
Billy Kelleher
Question:66. Deputy Billy Kelleher asked the Minister for Public Expenditure and Reform the names and contact details of the consultants appointed to address flooding in Glanmire, County Cork, the terms of reference; the time scale for carrying out the works; and if he will make a statement on the matter. [4401/14]
View answerBilly Kelleher
Question:67. Deputy Billy Kelleher asked the Minister for Public Expenditure and Reform if funding has been allocated for the preparation of a report and carrying out of works to ensure that a recurrence of the June 2012 flooding will not happen; and if he will make a statement on the matter. [4402/14]
View answerWritten answers
I propose to take Questions Nos. 66 and 67 together.
A Flood Relief Scheme for Glanmire and Sallybrook is currently being advanced by Cork County Council with funding to be provided by the Office of Public Works (OPW). It is understood that the Council has signed a contract for consultants in the last two weeks to take the development of a scheme forward through design, planning and construction. Cork County Council would be the appropriate body to provide contact details of the appointed consultants.
The consultants will be expected to develop a number of flood relief options, identify a preferred scheme and to develop a fluvial flood forecasting system, if it is feasible. Subject to a viable scheme emerging, the consultants will be charged with bringing the scheme through a public consultation stage, either through the planning process or through the Arterial Drainage Acts. If such a scheme is well received, then it will be followed by detailed design, procurement of a works contractor and construction.
While it is too early to say when a scheme will go to construction, it is expected that a preferred scheme will be brought forward to public consultation before the end of this year. The OPW has made provision for the costs of a scheme in its multi-annual budget profiles, but such funding will be subject to review depending on actual budget allocations.
Following flooding in Glanmire in June 2012, Cork County Council applied for funding under the OPW's Minor Flood Works Scheme for river cleaning works in order to provide some hydraulic improvement on the Glashaboy River. The application was approved and Cork County Council subsequently availed of funding in the amount of €32,871. The implementation of these works is a matter for Cork County Council, but it is the understanding of the OPW that the works have been completed.
Coastal Protection
Questions (68)
Tom Fleming
Question:68. Deputy Tom Fleming asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 120 of 16 January 2014, if he will examine a copy of a document and map (details supplied) that clearly acknowledges the responsibility of the Office of Public Works for the old Land Commission schemes; and if he will make a statement on the matter. [4447/14]
View answerWritten answers
The Office of Public Works does not have legal responsibility for maintenance of former Land Commission embankments. There is no question of the OPW failing in its responsibilities in this regard therefore. The document provided by the Deputy has no statutory basis and originated from a meeting between OPW and Kerry County Council in 2007.
Following the abolition of the Land Commission, a Public Trustee administers a fund that was intended to provide for maintenance of the former Land Commission embankments. In practice, however, there is little, if any, funds remaining for maintenance of any of these structures. Maintenance works have in some places been carried out on these embankments by the relevant landowners.
It is a matter for Kerry County Council in the first instance to assess coastal protection issues in the locations concerned.
It is open to the Council to submit applications for works under the OPW Minor Flood Mitigation Works & Coastal Protection Scheme for these locations. If applications are received, they will be considered in light of the Scheme criteria and having regard to the overall availability of resources for flood risk management.
The OPW has written to City and County Managers in coastal counties indicating it will accept applications under its Minor Flood Mitigation Works & Coastal Protection Scheme for repairs to built flood defences and coastal protection structures which have been damaged by the recent storms. This is a once-off measure to reinstate built coastal defences to their pre storm condition. The specific application form for this is entitled Coastal Storm Flooding Damage Questionnaire 2014 and is available on OPW's website www.opw.ie under Flood Risk Management.
Flood Prevention Measures
Questions (69)
Jerry Buttimer
Question:69. Deputy Jerry Buttimer asked the Minister for Public Expenditure and Reform the measures being taken by the Office of Public Works to put in place flood alleviation measures at Togher County Cork; and if he will make a statement on the matter. [4534/14]
View answerWritten answers
A Flood Relief Scheme for Douglas and Togher is currently being advanced by Cork County Council with funding to be provided by Office of Public Works (OPW). It is understood that the Council has signed a contract for consultants in the last two weeks to take the development of a scheme forward through design, planning and construction.
While it is expected that a new culvert will be the preferred option for Togher, the consultants will be expected to validate outputs to date from the Lower Lee Catchment Flood Risk Assessment and Management (CFRAM) Study. The Togher proposal, along with the emerging preferred scheme for Douglas, is expected to be brought forward to public consultation before the end of 2014, either though the planning process or the Arterial Drainage Acts.
If such a scheme is well received, then it will be followed by detailed design, procurement of a works contractor and construction. OPW has made provision for the costs of a scheme in its multi-annual budget profiles, but such funding will be subject to review depending on actual budget allocations.