COUNCIL CYNGOR CAERDYDD

EXECUTIVE BUSINESS MEETING: 2 OCTOBER 2008

PONT Y WERIN

REPORT OF CORPORATE DIRECTOR (ECONOMIC) AGENDA ITEM: 9

PORTFOLIO : SPORT, LEISURE & CULTURE

This appendix to this report is not for publication under Schedule 12A Local Government Act 1972 (as amended) under para 3 in that it contains information relating to the financial or business affairs of the council & the currency of negotiations means that exemption outweighs the public interest in disclosure

Reason for this Report

1. To progress the development of the Pont Y Werin Bridge project.

Background

2. A pedestrian / cycle bridge with an opening section was confirmed as the preferred method of crossing the to provide access between the Marina area and the International Sports Village development following a report to the Executive in July 2005 (Min no 52). Proposals for the bridge have been developed following various consultations including the Design Council for , Sustrans, the Council and the developer of the site adjacent to the landing on the International Sports Village site.

3. An outline design for the bridge has been prepared, site investigation works have been completed and Planning Applications have been prepared and submitted to both the Vale of Glamorgan and Cardiff County Council. A Highways Act 1980 submission is being made to the Welsh Assembly Government because of the impact of the bridge on navigation on the River Ely. Tender documentation has also been completed and a short list of contractors has been selected to tender for the construction of the bridge under a design and build contract.

Issues

4. A pre-tender estimate for this project has been completed and this is outlined in the confidential Appendix attached to this report. Pont Y Werin was awarded £1,150,000 as part of Sustrans’ Connect2 bid which secured a £50m Big Lottery grant after the UK public voted the scheme

Page 1 of 4 the winner in December 2007. A Memorandum of Understanding with Sustrans needs to be concluded to enable the funding to be drawn down for this project.

5. The Council has allocated £1,300,000 from its capital programme towards the cost of this project and Cardiff Harbour Authority has also contributed £250,000 to the site investigation, initial design and contract preparation work.

6. The Vale of Glamorgan Council has confirmed an allocation of £200,000 towards the bridge construction and is considering funding additional cycle/ walkway links to the bridge within their area with an additional cost of up to £600,000. It is recommended that the scheme is progressed provided the Vale of Glamorgan Council confirms the work within their area will be progressed at their cost in addition to the £200,000 committed to the bridge construction.

7. A transport grant application will need to be submitted to the Welsh Assembly Government to provide the necessary additional funding to enable this project to proceed and this is detailed in the confidential Appendix to this report. A decision on this application is expected in early 2009 and subject to this funding being confirmed a contract award could then be made shortly which will allow the contract to be progressed for an early completion to the bridge.

Local Member Consultation

8. Local Ward Members have been consulted on this report and Councillor David Morgan considers that the bridge will be very popular and that the Council, need to make sure that Vale of Glamorgan honour their financial part of the funding. . Reasons for Recommendations

9. Pont Y Werin will provide an important pedestrian and cycle link between the Vale of Glamorgan and Cardiff and also complete the 10.5km bay edge walkway.

Legal Implications

10. This report seeks the grant of delegated powers to the Corporate Director. Any delegation will remain subject to the Council’s Contract and Financial Rules.

11. To facilitate the construction of the proposed bridge over the River Ely the Council is required to obtain certain approvals, permissions and consents from third parties and make a scheme (order), which is subject to confirmation by the National Assembly for Wales. It should therefore be appreciated that:

Page 2 of 4 • the proposal for the construction of the crossing is dependent, amongst other things, upon the confirmation of the scheme and obtaining such consents, permissions and approvals,

• the timetable for progressing this matter may be delayed if objections are received or other difficulties encountered in obtaining such scheme, consents, approvals and permissions, and

• conditions may be attached to such approvals, consents and permissions, which may have cost implications.

It is advised that any agreements put in place with third parties and or procurement exercise carried out (the award of any contracts) should be made conditional upon the scheme being confirmed, all other requisite orders, approvals, consents and permissions being in place and the Council being satisfied as to the level of any additional costs resulting from any conditions attached to any approvals, consents or permissions. .

Financial Implications

12. The scheme is in the Council's capital programme, however as the report indicates there is a funding shortfall. This is the subject of a grant bid; however there is clearly a risk that this may not be approved as part of the approval process of Transport Grant. It is essential that all Capital funding; the ongoing revenue costs for maintenance and operation are in place and that the Sustrans grant conditions are understood before any contracts are awarded.

13. If the crossing becomes a highway maintainable at public expense then in addition to the construction costs, ongoing maintenance costs will be incurred, given the authority's duty to maintain highways at public expense.

RECOMMENDATIONS

The Executive is recommended to delegate authority to the Corporate Director (Economic), in consultation with the City and County Solicitor and City and County Treasurer, to:

(1) negotiate the terms of the Memorandum of Understanding with Sustrans for the use of the grant of £1.15M from the Sustrans’ Connect2 programme.

(2) obtain from the Vale of Glamorgan Council confirmation that the funding for all works required within their area has been committed through formal Council approvals.

(3) approve the tender documentation and award the most advantageous tender received for the construction of Pont Y Werin, subject to confirmation that the necessary capital and revenue funding is available for the bridge construction.

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(4) instruct the City and County solicitor to make and or apply for such schemes, orders, consents, permissions, publish such notices and deal with all ancillary legal matters as are required to facilitate the River Ely crossing scheme (construction of the bridge) proposed in this report

TOM MORGAN Corporate Director 26 September 2008

The following Confidential Appendix is attached:

Appendix 1 - Pre - Tender Estimate and Funding Availability.

The following Background Papers have been taken into account:

Cost Estimate from Faber Maunsell 19 June 2008.

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