Purpose

Proposed decision
 

(i)   
APPROVE the procurement and contract award of a zero
value Highways Term Maintenance Contract.

 

(ii) DELEGATE authority to the Corporate Director of Growth Environment &
Transport, to take relevant actions to
facilitate the required procurement activity;

 

(ii) 
DELEGATE authority to the Corporate Director of
Growth Environment & Transport in consultation with the Cabinet
Member for Highways and Transport, to take relevant actions,
including but not limited to, awarding, finalising the terms of and
entering into the relevant contracts or other legal agreements, as
necessary, to implement the decision; and

 

(iii) DELEGATE authority to the Corporate Director of Growth
Environment and Transport, in consultation with the Cabinet Member
for Highways and Transport, to award extensions of the contract in
accordance with the relevant clauses within the
contract.
 
Background and reason for decision
 
Our 5,400-mile road
network in Kent has a replacement value of £10.2 billion. It
plays a vital part in delivering council objectives set out
in Framing Kent’s Future by enabling safe
and reliable journeys around and through the county. Our roads
support social wellbeing and economic prosperity. They are
essential for emergency services to execute their work: policing,
healthcare, fire, and emergency response provision all require an
effective highway network. These services are a key part of a
functioning society which cannot exist without well-maintained and
well-managed roads.
 
Under Section 41 of
the Highways Act 1980 the council has the legal duty to maintain
its highways and all highway assets (e.g. bridges, tunnels,
drainage etc). This duty includes responsibility for maintaining,
managing and where necessary improving sections of the network and
to keep the highways safe for the travelling public. These
contractor services need to be commissioned externally to ensure
the Council meets its statutory obligations and that service
continuity is maintained.
 

Other options considered but discarded:

 
Deliver in-house: It
has been established that there is no internal resource to deliver
a contract of this size and complexity and that a commercially
procured contract would be required through a provider with
extensive ability and expertise
 
Do nothing. The current
HTMC contract cannot be extended any further. New contractual
arrangements must be in place from 1st November 2025 to allow time
for implementation and mobilisation and to ensure service
continuity from the 1st May 2026. Failure to commission services
beyond this date will put KCC at risk in failing to deliver its
statutory obligations to maintain the Highway, as the Highway
Authority.
 
How the proposed decision supports Framing
Kent’s Future 2022-2026: (https://www.kent.gov.uk/about-the-council/strategies-and-policies/corporate-policies/our-council-strategy)
 

The proposed decision relates to Framing
Kent’s Future priority Infrastructure
for communities by ensuring our highways are
safe and reliable for people to access employment, education,
health provision and leisure opportunities

 
How the proposed decision supports Securing
Kent’s Future:
Securing Kents Future - Budget Recovery
Strategy.pdf 

 
The proposed decision relates to Securing
Kent’s Future to review all contract spend to ensure the new
contract delivers best value for money.
 
 

Decision

As Cabinet Member for Highways and Transport,
I agree to:
 
(i) APPROVE the procurement and contract award
of a zero value Highway Term Maintenance Contract;
 
(ii) DELEGATE authority to the Corporate
Director of Growth Environment & Transport, to take relevant
actions to facilitate the required procurement activity;
 
(iii) DELEGATE authority to the Director of
Infrastructure in consultation with the Corporate Director of
Growth, Environment and Transport to agree all necessary
contractual arrangements relating to land and property matters in
relation to the decision;
 
(iv) DELEGATE authority to the Corporate
Director of Growth Environment & Transport in consultation with
the Cabinet Member for Highways and Transport, to take relevant
actions, including but not limited to, awarding, finalising the
terms of and entering into the relevant contracts or other legal
agreements, as necessary, to implement the decision; and
 
(v) DELEGATE authority to the Corporate
Director of Growth Environment and Transport, in consultation with
the Cabinet Member for Highways and Transport, to award extensions
of the contract in accordance with the relevant clauses within the
contract.