COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, April 13, 2015

HEADED ITEM NO. 12

HEADED ITEM: E. Taaffe

SECTION 85 REPORT FROM KILDARE COUNTY COUNCIL ON JOINT REPLACEMENT OF RATHCOOLE BRIDGE BY KILDARE COUNTY COUNCIL & SOUTH DUBLIN COUNTY COUNCIL

REPLY:

The National Road Authority’s Regional Bridge Manager for Leinster who is employed by Kildare County Council and is based in the National Roads Design Office in Kildare County Council has identified the need to carry out joint rehabilitation works the following structures in South Dublin County :-

a)                  SD-N07-003.00 Rathcoole Bridge  (South Dublin)

In addition to the above, the need to rewaterproof and resurface the M50, Knocklyon Footbridge in South Dublin County has been identified.

As part of this scheme, bridge joints will be replaced in Counties Kildare, Fingal  Wicklow and Laois.

Proposal

It is proposed by the National Roads Authority that the afore-mentioned works be undertaken under a single works contract for the following reasons:-

a)                  Considerable cost savings would be made if all works were carried out under a single works contract i.e. economies of scale.

b)                  Considerable cost savings would be made in design and procurement as only one Consultant will be required as opposed to four for a contract advertised by the four individual Local Authorities.

c)                  There would be considerable time savings as a consequence of only having to go through a single tendering process and only having to assess a single contractor for the role of Project Supervisor Design Process.

  d)                There would be considerable time savings as a consequence of only having to assess a single Consultant for the role of Project Supervisor Design Process. This appointment will be made by the lead Authority, Kildare County Council.

It is the view of the National Roads Authority that Kildare County Council are best placed to administer this contract. The NRA Regional Bridge Manager, who is also the Project Manager for this scheme, is an employee of Kildare County Council and is based in the National Roads Design office of Kildare County Council.

Section 85 of the Local Government Act 2001 provides where:-

(1)   In the opinion of a Local Authority any function performable by it should be performed, generally or in a particular case, by another local authority, and that other authority is able and willing so to perform the function, then the authorities may enter into an agreement that:-

(a)    the function shall be so performed on behalf of the first- mentioned authority by the other authority, and

(b)  it becomes so performable by that other authority in accordance with the agreement. 

All costs associated with the project will be financed by the National Roads Authority.

The making of an agreement under Section 85 of the Local Government Act 2001 is a reserved function.

Accordingly the following motion is recommended for adoption by the Council:-

"That South Dublin County Council hereby resolves to enter into an agreement, under Section 85 of the Local Government Act 2001, with Kildare County Council in respect of the Rathcoole Bridge joint replacement whereby Kildare  County Council will be enabled to carry out all work, including preparation of Contract Tender Documents, Supervision of Contract, etc as may be necessary in the Administrative area of South Dublin  County Council."