Content

Salford
City Council - Record of Decision
 
I, Councillor Mike McCusker, Lead Member for Planning, Transport
and Sustainable Development, in
exercise of the powers contained within the Council
Constitution, do
hereby:
 
Approve the Pothole Action Fund Hand Lay Programme 2023/24
 
The Reasons are: To
facilitate continuous improvement of the highway.
 
Options considered and
rejected were:
No other options were considered for this
report.
 
Assessment of Risk:  Low
– The targeted spend of available funding will ensure that
the City Council’s statutory obligations are met while at the
same time facilitating continuous improvement of the highway
infrastructure.
 
The source of funding
is: City Region Sustainable Transport
Settlement (CRSTS) Pothole Action Fund 2023/24.
 
Legal Advice
obtained: Paul Haley- Senior
Legal Officer 0161 234 3699Date: 10 July 2023 Section 41 of the
Highways Act 1980 places the Highway Authority under a duty to
maintain a highway, and maintenance is therefore a statutory
requirement. The proposals in the report for highway maintenance,
once finalised scheme details within each of the specified
categories of work have been submitted, will strengthen the
Council’s position in defending 3rd party highway / tripping
claims. Whilst it is legally accepted that it is not possible to
maintain the highway completely free of all defects, section 58 of
the Highways Act 1980 provides a possible defence to a claim if it
can adequately show that there was a sufficiently robust regime in
place to inspect and maintain the highway provided it is adequately
carried out and the Council had no prior knowledge of the defect
before an alleged incident.
 
Once works have been carried
out in accordance with the schemes referred to the Council will be
better placed to either repudiate more third party claims entirely
or reduce the level of damages payable should settlement be deemed
appropriate.
 
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 (PCR) and its own Contractual Standing Orders and
Financial Regulations. Third party contractors may be instructed to
carry out such works directly, or via the Council’s framework
agreement for Civil and Highways Engineering, and depending on the
value of those commissions, will be subject to approvals from
Executive director or Procurement Board.
 
Financial Advice
obtained: Adam Flaherty, Senior Accountant,
0161 793 2747 Date: 3 July 2023
The aforementioned expenditure of £0.35m, will be
met from the GMCA funds Pothole Action Fund which sits within the
highways capital programme 23/24 All expenditure should be closely
monitored to ensure that these works are delivered within the
allocated resources.
Expenditure code:
D07092
 
Procurement Advice
obtained: Heather Stanton, Category
Manager Procurement
0161 686 6296         Date
30th June 2023
his is a statutory requirement.
We now have in place the SCC Technical and Highways Works Framework
which could be utilised to tender for these works as a further
competition. The Technical and Highways Works Framework is
compliant with PCR’s 2015 and SCC standing orders.
 
As part of the Council’s
Innovate program and budget challenges the service group should
consider efficiencies and enhanced contract management KPI’s
as part of this procurement activity.
 
If we intend to deliver these
works in-house, then no procurement intervention is
required.
 
HR advice
obtained: N/A
 
Climate Change advice
obtained: Michael Hemingway
Improved highways will
contribute to the reduction of congestion and reduce carbon
emissions from standing traffic. The use of recycled and
sustainable materials along with carbon friendly manufacturing
processes in road maintenance products will also contribute to
carbon saving measures.
 
The
following documents have been used to assist the decision
process:
Lead Member report.
 
Contact
Officer:Steve Mangan  Tel:
0161 603 4034  Email: steve.mangan@salford.gov.uk
 
 
This decision is not subject to
consideration by another Lead Member.
 
The appropriate scrutiny panel
to call-in the decision is the Growth & Prosperity Scrutiny
Panel.
 
 

Signed: Councillor Mike McCusker                                                          
Dated: 15th August 2023
Lead
Member for Planning, Transport & Sustainable
Development
 

 
This decision was published on
17th August 2023.
 
This decision will come into force at
4.00 p.m. on 24th August 2023, unless it is called-in in accordance with the
decision-making process rules.