Issue - meetings

Appendix A – Summary of Preferred Bidders Solution

Appendix C – Comparison of Preferred Bidders Solution with Required Objectives

Appendix E – Governance Flowchart

(i)           to approve the award of the Ness Energy Project Residual Waste Treatment contract (the “Project Agreement”) for the implementation of the Project with the preferred bidder in terms of the draft Project Agreement issued to the bidder immediately prior to submission of final tenders together with such minor amendments as the Project Board may agree (1) are necessary to contractualise the preferred bidder’s method statements; (2) or are otherwise acceptable to the Project Board and are permitted under procurement law;

(ii)          to delegate authority to its representative on the Project Board to approve or reject the recommendations put to the Project Board associated with resolution (i) and (iii) subject to the execution of the Inter-Authority Agreement by Aberdeenshire Council, Moray Council and Aberdeen City Council as per resolution (vi) below;

(iii)         to approve that pursuant to section 56 of the Local Government etc. (Scotland) Act 1973, the Council shall discharge the functions of Aberdeenshire Council and Moray Council as a Waste Disposal Authority (WDA) within the meaning of the Environmental Protection Act 1990 in so far as they relate to the Project and the Facility and in accordance with the Project Agreement and the Inter Authority Agreement;

(iv)         to note that the Council’s share of the expected capital investment related to the Project Agreement as stated in the Principles of the Stage 3 Inter Authority Agreement (“IAA3 Principles”) included at Appendix D can be met from the budget for NHCP810K - Energy from Waste (EfW) Construction & Torry Heat Network within the Non-Housing Capital programme, and approve the total estimated capital expenditure being the sum identified as the investment subtotal for Aberdeen City in Appendix G;

(v)          to note the EfW Cost Model included in Appendix G and instruct the Chief Officer - Finance to incorporate the impact of the operating cost and the revenue share sub-totals into the Council’s future revenue budget planning;

(vi)         to delegate authority to its representative on the Project Board to approve the terms of an Inter-Authority Agreement based on the IAA3 Principles included at Appendix D;

(vii)       to appoint for the Works Period, the Chief Officer - Capital as the Council’s representative on the Project Board; and in his absence, appoint the Director of Resources, or such other officer as the Director of Resources may nominate from time to time, to act as the Council’s alternate representative on the Project Board during the Works Period;

(viii)      to appoint for the Services Period, the Chief Officer - Operations and Protective Services as the Council’s representative on the Project Board; and in his absence, appoint the Chief Operating Officer, or such other officer as the Chief Operating Officer may nominate from time to time, to act as the Council’s alternate representative on the Project Board during the Services Period;

(ix)         to delegate authority to the officer from time to time acting in the capacity of the Council’s representative or alternate representative on the Project Board, to take decisions, issue the instructions, and undertake the functions stated  ...  view the full decision text for item 13

The Council had before it a report by the Director of Resources which advised of the outcome of the OJEU procurement exercise for the proposed Energy from Waste Facility at East Tullos in respect of the NESS Energy Project, and sought authority to proceed to contract award with the preferred bidder, enter into the associated Stage 3 Inter Authority Agreement (IAA3) with Aberdeenshire Council and Moray Council and matters ancillary thereto, and provided an update on the Torry Heat Network.

The report recommended:-

that the Council -

(a)          approve the award of the Ness Energy Project Residual Waste Treatment contract (the “Project Agreement”) for the implementation of the Project with the preferred bidder in terms of the draft Project Agreement issued to the bidder immediately prior to submission of final tenders together with such minor amendments as the Project Board may agree (1) are necessary to contractualise the preferred bidder’s method statements; (2) or are otherwise acceptable to the Project Board and are permitted under procurement law;

(b)          delegate authority to its representative on the Project Board to approve or reject the recommendations put to the Project Board associated with recommendations (a) and (c) subject to the execution of the Inter-Authority Agreement by Aberdeenshire Council, Moray Council and Aberdeen City Council as per recommendation (f) below;

(c)          approve that pursuant to section 56 of the Local Government etc. (Scotland) Act 1973, the Council shall discharge the functions of Aberdeenshire Council and Moray Council as a Waste Disposal Authority (WDA) within the meaning of the Environmental Protection Act 1990 in so far as they relate to the Project and the Facility and in accordance with the Project Agreement and the Inter Authority Agreement;

(d)          note that the Council’s share of the expected capital investment related to the Project Agreement as stated in the Principles of the Stage 3 Inter Authority Agreement (“IAA3 Principles”) included at Appendix D can be met from the budget for NHCP810K - Energy from Waste (EfW) Construction & Torry Heat Network within the Non-Housing Capital programme, and approve the total estimated capital expenditure being the sum identified as the investment subtotal for Aberdeen City in Appendix G;

(e)          note the EfW Cost Model included in Appendix G and instruct the Chief Officer - Finance to incorporate the impact of the operating cost and the revenue share sub-totals into the Council’s future revenue budget planning;

(f)           delegate authority to its representative on the Project Board to approve the terms of an Inter-Authority Agreement based on the IAA3 Principles included at Appendix D;

(g)          appoint for the Works Period, the Chief Officer - Capital as the Council’s representative on the Project Board; and in his absence, appoint the Director of Resources, or such other officer as the Director of Resources may nominate from time to time, to act as the Council’s alternate representative on the Project Board during the Works Period;

(h)          appoint for the Services Period, the Chief Officer - Operations and Protective Services as the Council’s  ...  view the full minutes text for item 13