Issue - meetings

Report of the Head of Locality Services - Commissioned

The Cabinet considered the report of the Head of Locality Services – Commissioned that sought approval to complete a tender exercise for the highway winter service contract to begin in July 2018.

Decision Made: That:

(1)       the procurement of the winter service contract using the tender process referred to in paragraph 2.5 of the report, be agreed;

(2)       the tenders be evaluated using the criteria referred to in paragraph 2.6 of the report, be agreed;

(3)       That the Head of Locality Services Commissioned be granted delegated authority to award the contract to the highest scoring tenderer and to advise the Cabinet Member – Locality Services of the outcome of the exercise: and

(4)       the Head of Regulation and Compliance be authorised to enter into Contracts with the successful tenderer, be agreed.

Reasons for the Decision:

The existing contract is due to expire in July 2018 with no further options to extend. The anticipated value of the new contract is such that, in accordance with the contract procedure rules, it requires Cabinet approval.

Alternative Options Considered and Rejected:

The Council could choose to cease the winter service function, however, this would leave the authority open to litigation for failure to fulfil its statutory duties.

Section 41 (1A) of the Highways Act 1980, as amended by The Railways and Transport Safety Act 2003 (section 111) states that: ‘In particular, a Highway Authority is under a duty to ensure, so far as is reasonably practicable, that safe passage along a highway is not endangered by snow or ice’.  

In addition, the Traffic Management Act 2004 placed a network management duty on all local traffic authorities in England.  It requires authorities to do all that is reasonably practicable to manage the network effectively to keep traffic moving. In meeting the duty, authorities should establish contingency plans for dealing promptly and effectively with unplanned events, such as unforeseen weather conditions, as far as is reasonably practicable.