Salford City Council - Record of Decision
Assessment of Risk: Medium – It is important that the existing highway crash barriers are inspected, repaired and replaced when appropriate in order to ensure the continued safety of the travelling public.
Section 39 of the Road Traffic Act 1988 imposes a duty upon the City Council to:
i) prepare and carry out a programme of measures designed to promote road safety and may make contributions towards the cost of measures for promoting road safety taken by other authorities or bodies;
ii) carry out studies into accidents arising out of the use of vehicles on roads or part of roads, other than trunk roads, within their area and must, in the light of those studies, take such measures as appear to the authority to be appropriate to prevent such accidents, including the dissemination of information and advice relating to the use of the roads, the giving of practical training to road users or any class or description of road users, the construction, improvement, maintenance or repair of roads for which they are the highway authority and other measures taken in the exercise of their powers for controlling, protecting or assisting the movement of traffic on roads.
If studies support the installation of the crash barriers in order to improve road safety then installation of such barriers would mitigate any liability on the part of the local authority for failing in its duty of care to implement measures designed to prevent or reduce accidents, provided those barriers comply with and have been installed in accordance with all regulatory requirements.
Finally, s.41 of the Highways Act 1980 (‘the Act’) places upon highway authorities the duty to ‘maintain’ those highways that are maintainable at the public expense. The Act defines ‘maintenance’ as including repair for the purposes of the Act. The said highways should be in a fit state to accommodate the ordinary traffic which passes or may be expected to pass along them, which would include the maintenance of crash barriers where studies have indicated that these should be installed to improve highway safety.
When commissioning contracts for the procurement of goods, services or works the City Council must comply with the requirements of the Public Contracts Regulations 2015, as well as its own Contractual Standing Orders (CSO’s) and Financial Regulations as set out in the Constitution.
Depending on the value of the works to be undertaken as part of the crash barrier investment programme, the Council may appoint contractors from an appropriate framework or undertake a quotation exercise, if it does not carry out the work itself.
There is sufficient capital funding within the approved Highway Crash Barrier Investment Programme for 2019/20, to fund the works identified within this report to a total cost of £91,000.
Close monitoring of expenditure will be necessary to ensure that the programme of works is delivered within the allocated resources.
Procurement Advice obtained Yes- Tom Woods Procurement Officer 686 6296
The most appropriate way to procure this activity would be to approach the current specialist contractor directly and seek Delegated Dec Notice exception to direct award to them. This will ensure that there is continuity of quality, value and aesthetics.
The following documents have been used to assist the decision process.
Lead Member Report
This decision is not subject to consideration by another Lead Member.
FOR DEMOCRATIC SERVICES USE ONLY
This decision was published on 14th May 2020.