Proposed Decision:
a) APPROVE the procurement and contract award of zero value Local Highways Maintenance Support Contracts
b) DELEGATE authority to the Corporate Director of Growth Environment and 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;
c) 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 contracts in accordance with the relevant clauses within the contracts.
Background
Our 5,400 miles of 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 – keeping Kent moving. 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 S.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.
The Local Highways Maintenance Support Contracts augments delivery of highway maintenance services directly at a local level for the residents and businesses of Kent. The works undertaken as part of these contracts are managed by the local Highway Managers and their teams ensuring the budgets are spent appropriately to repair and prevent potholes and improve highway condition at those locations.
The core services included in these contracts relates to the delivery of pothole repairs, small to medium size patching repairs and small-scale resurfacing and associated works. It also supports resources that can be utilised during emergency and severe weather events should it be necessary.
Options:
These contracts are in support of the Highways Term Maintenance Contract and have been utilised in that capacity for many years. The current arrangements are due to expire and therefore new contracts are required to be procured as there are no further options to extend.
Do nothing.
This option has been ruled out. These contracts have supported delivery of highways maintenance and repairs very successfully over many years and are required to ensure delivery and resilience in the service. They also ensure that any additional grant funding can be utilised to maximum benefit and within the spend requirements of the grant.
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 type: Key
Decision status: Recommendations Approved
Notice of proposed decision first published: 07/07/2025
Decision due: Not before 5th Aug 2025 by Cabinet Member for Highways and Transport
Reason: To allow 28 day notice period required under Executive Decision regulations
Lead director: Haroona Chughtai
Department: Growth, Environment & Transport
Contact: Andrew Loosemore, Head of Highway Asset Management Email: andrew.loosemore@kent.gov.uk Email: andrew.loosemore@kent.gov.uk Tel: 03000 411652.
Consultees
The proposed decision was considered and endorsed at the Environment and Transport Cabinet Committee on 17th July 2025.
Financial implications: There is limited financial risk to the Council from developing these zero-value contracts, as the Council is only required to pay for work after it has been delivered. There is also no guarantee of work to the supply chain, under the proposed contracts. In establishing the zero-value contract, Kent County Council does not commit in any way to awarding any volume or value of works to the appointed contractors. This will allow flexibility where services required may be affected by KCC budgetary pressures and uncertainty around internal and external funding. Throughput on these contracts will be in line with the available capital budget and Department for Transport grant funding but could range between £6m and £14m annually dependent on the budget available.
Legal implications: Under S.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.
Equalities implications: Equalities: An Equality Act Impact Assessment screening has been carried out and it is judged that the proposals do not disproportionately affect protected groups Data Protection implications This is purely a highways works contract and does not involve the transfer of sensitive personal data.