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Extension of Road Maintenance Partnership Agreement to March 2026

Perth and Kinross Council · 29 May 2024
Back to Economy and Infrastructure Committee — 29 May 2024 and its agenda

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Perth And Kinross Council 
Economy & Infrastructure Committee 
29 May 2024 
EXTENSION OF ROAD MAINTENANCE PARTNERSHIP AGREEMENT TO
MARCH 2026 
Report by Strategic Lead - Environment and Infrastructure
(Report No. 24/160) 
1. PURPOSE 
1.1 The purpose of this report is to update the Committee on the period of the
existing Road Maintenance Partnership (RMP) agreement and propose an
extension to the existing arrangement. 
2. RECOMMENDATION 
2.1 It is recommended that the Committee: 
• agrees an extension to the existing partnership agreement (Appendix 1)
between Perth and Kinross Council and Tayside Contracts to deliver the
road maintenance, winter maintenance and reactive emergency
response service. The agreement will be for a period of two years from 1
April 2024 to 31 March 2026 with a further two year extension option
subject to review. 
• agrees that the RMP will report performance to Committee annually as
part of the Council’s performance management framework. 
3. STRUCTURE OF REPORT 
3.1 This report is structured over the following sections: 
• Section 4: Background/Main Issues 
• Section 5: Proposals  
• Appendices 
4. BACKGROUND / MAIN ISSUES 
4.1 It was agreed in 2012 that the roads maintenance service for Perth & Kinross
Council be delivered through a trial partnering agreement with Tayside
Contracts (Report no 12/131), a model supported by an Audit Scotland Best
Value Review.  At the outset of the partnership, efficiencies were identified
through a more integrated approach to service delivery with a number of posts
deleted from the establishment to remove duplication of effort.

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4.2 Perth & Kinross Council as “Roads Authority” provides a full range of services,
including statutory duties associated with the maintenance of the roads
infrastructure as required by the Road (Scotland) Act 1984 and the Transport
(Scotland) Act 2005.  The Roads Maintenance Partnership (RMP) provides for
the effective maintenance of the adopted road network, including footways, to
ensure that it is properly maintained in a safe condition. 
4.3 The RMP supports service delivery through an integrated operating structure
consisting of both Perth & Kinross Council and Tayside Contracts’ road
maintenance employees. Over the period of the partnership, officers from
each organisation have assumed responsibility for duties traditionally carried
out by the other to remove unnecessary barriers of bureaucracy and
permissions to deliver a more effective and efficient service. Each
organisation retains overall responsibility for the Terms and Conditions of their
respective employees. 
4.3 Governance of the RMP is undertaken by an Executive Board made up of
senior Council and Tayside Contracts officers. The Partnership Agreement
covers key areas such as principles for operational delivery, management of
employees, overall responsibilities and dispute resolution. 
4.4 In mid 2017, following a request from elected members, a member/officer
working group was established to review the way in which the partnership was
operating and to consider the most effective operating model going forward. 
4.5 The scope of the review considered the work activity of the RMP as outlined
below and considered alternative delivery models. 
• Carriageway and footway maintenance
• Carriageway and footway asset management
• Road scheme design and project management
• Winter maintenance
• Emergency response (eg flooding and severe weather) 
4.7 The outcome of the review established that in order to have the required 
labour/plant resource available to reactively deal with the impact of severe
weather events to support our communities, provide a level of service over the 
winter period to ensure that social and commercial activity can continue and
keep the road network in a safe condition for the travelling public, the
integrated operating model with Tayside Contracts remained the best option.
This is a less contractually binding arrangement than would be required with
the private sector and so more flexible in accommodating changes in Council
policy and budget reductions without compensation being due for loss of
income.

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4.8 The outcome of the review was presented to the Enterprise and Infrastructure 
Committee on 15 May 2019 (report no 19/134) and it was agreed to extend   
the term of agreement in its current form to March 2023. Committee also
requested an update report in advance of the expiry of the agreement
however this was deferred as a result of the Supported Self Assessment
exercise commissioned by the 3 Chief Executives of the constituent local
authorities. 
5. PROPOSALS 
5.1 It is proposed to extend the RMP agreement for a further 2 years to March
2026 plus a 2 year extension option subject to review before extending. Given
the challenging financial climate and ongoing programme of transformation
the format of service delivery may change in the future however it is
considered that this period of extension provides service delivery certainty for
the short to medium term.   
5.2 It is important to note that within the agreement either partner can opt out of
the partnership giving 6 months' notice on either 1 April or 1 October each
year. Therefore, agreement to this further extension does not prevent the
Council agreeing to an alternative model of delivery at a future point should
elected members believe that this would be in the best interests of the
Council. 
5.3 Following the first Covid lockdown, all road works were paused nationally. In
July 2020 when construction works recommenced the availability of
roadworks contractors was severely limited. Immediately after lockdown a
spike in private sector works, at more attractive rates, meant the Council were
heavily reliant on Tayside Contracts to provide the full range of services
themselves. Currently the market remains very limited, and the same level of
reliance remains on Tayside Contracts to deliver the service. 
5.4 Working in partnership with Tayside Contracts enables an appropriate level of
workforce to be retained to deliver the Winter Service and a reactive response
to severe weather events etc. It also remains flexible enough to adjust
workforce levels to accommodate fluctuations in road maintenance budgets.
This gives the Council confidence to manage and maintain the road network
in accordance with statutory requirements whilst also providing a reactive
response service to our communities where and when required across Perth
& Kinross. 
5.5 A Road Maintenance Framework Contract was issued for pricing in May 2022
to replace the 2017 framework. Only 18 private sector contractors across 11
work activities submitted rates. Tayside Contracts were the only contractor to
submit prices across all activities.

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5.6 Tayside Contracts rates are competitive when compared to the average
private sector rates and it is proposed that “award at average rates” remains
the award mechanism for projects via the framework contract. Projects will
continue to be priced, constructed, re-measured and paid except for works
disparate in nature and time to effect (gully emptying/lining/potholes) which
will continue to be paid at demonstrable cost. 
5.7 Tayside Contracts cannot wholly sub-contract work awarded to them on
average rates but do use specialist sub-contractors for elements of projects
they do not have the specialism/ resource to carry out, such as road stud and
safety barrier installation 
5.8 The RMP aim to expose 25% of their budget to competition via the 
Framework Contract or for atypical works to open competition. Open  
competition takes significant staffing resource to prepare bespoke contract 
documents and follow the Public Contracts Scotland procurement route and 
so is rarely used except for specialist works. As described in 5.3    
above Covid impacted private sector contractor availability and continues to 
do so. The figures in the table below reflect this impact.
Over the period of the current partnership the following competitive award 
has been achieved against the target. 
Year Value exposed % of spend TC win value TC % Private sector %
2019/20 £3,589,348 25.46% £1,735,091 12.3% 13.3%
2020/21 £1,599,978 17.7% £838,785 9.2% 8.5%
2021/22 £2,772,982 17.2% £1,298,636 8.1% 9.1%
2022/23 £2,793,968 17.2% £1,488,054 9.2% 8%
Excludes winter and works for Traffic & Road Safety, Structures & Flooding. 
5.9 In addition, through the period of the Framework Contract (2017-2022)
additional contractual entitlements such as inflationary increases were not
claimed by Tayside Contracts as the surplus was being achieved. This
approach was in the spirit of partnership working i.e. managing/sharing risk
and maximising the investment in the asset over surplus/profit. The private
sector however claim these irrespective of profit levels. 
5.10 As referenced above throughout the course of the contract, inflation is allowed
for by construction industry indices uplifts (BERR). The previous contract was
in place from 2017 and until February 2022 Tayside Contracts did not apply
for any BERR uplifts, instead containing costs within their awarded rate. Over
the course of the partnership period (April 2019-March 2023) Tayside
Contracts were entitled to claim a total of £1,963,791 however this funding
was reinvested in the road network equating to 8.9 km of A Class road being
resurfaced that wouldn’t otherwise have been carried out.

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5.11 From annual independent 3rd party road condition surveys the Perth and
Kinross road condition index (RCI) continued to improve year on year
throughout the term of the partnering agreement. Between 2019-2023, 6.4%
of the network (156km or 97miles) was in a better condition, all delivered
through the partnership and principally with the Tayside Contracts workforce.
The 2023 survey however indicated a deterioration of 1.8% (43km or 27miles)
largely due to the impact of severe weather events on the road network and
hyper inflation.    
Author
Name  Designation Contact Details
Stuart D’All Road Maintenance
Partnership Manager
ComCommitteeReports@pkc.gov.uk
01738 475000 
Approved 
Name Designation Date
Fraser Crofts Strategic Lead -
Environment and
Infrastructure
9 May 2024 
APPENDICES 
• Appendix 1 – Partnering Agreement April 2024 to March 2026

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ANNEX 
1. IMPLICATIONS, ASSESSMENTS, CONSULTATION AND
COMMUNICATION  
Strategic Implications Yes / None
Community Plan  Yes
Corporate Plan  Yes
Resource Implications  
Financial  None
Workforce None
Asset Management (land, property, IST) None
Assessments  
Equality Impact Assessment No
Strategic Environmental Assessment No
Sustainability (community, economic, environmental) Yes
Legal and Governance  Yes
Risk None
Consultation 
Internal  None
External  None
Communication 
Communications Plan  None 
1. Strategic Implications  
Community Plan 
1.1 The road network is the only asset/service that the Council are responsible for
that is relied upon daily by every resident - even those unfortunately
housebound rely on roads for service provision to them. 
Corporate Plan 
1.2 The road network underpins and provides the mechanism for every area of
activity the Council and Commerce undertakes to be carried out effectively
and efficiently. 
2. Resource Implications 
Financial 
2.1 There are no financial implications within this report. 
Workforce 
2.2 There are no workforce implications within this report.

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Asset Management (land, property, IT) 
2.3 There are no land and property, or information technology implications arising
from the contents of this report. 
3. Assessments 
3.1 IAT report submitted through portal. 
Equality Impact Assessment 
3.2 Under the Equality Act 2010, the Council is required to eliminate
discrimination, advance equality of opportunity, and foster good relations
between equality groups.  Carrying out Equality Impact Assessments for plans
and policies allows the Council to demonstrate that it is meeting these duties.   
This section should reflect that the proposals have been considered under the
Corporate Equalities Impact Assessment process (EqIA) with the following
outcome: 
(i) Assessed as not relevant for the purposes of EqIA 
Strategic Environmental Assessment 
3.3 The Environmental Assessment (Scotland) Act 2005 places a duty on the
Council to identify and assess the environmental consequences of its
proposals. The proposals have been considered under the Act and no further
action is required as it does not qualify as a PPS as defined by the Act and is
therefore exempt. 
Sustainability 
3.4 Under the provisions of the Local Government in Scotland Act 2003 the Council
has to discharge its duties in a way which contributes to the achievement of
sustainable development.   Under the Climate Change (Scotland) Act 2009 the
Council also has a duty relating to climate change. 
3.5 The proposals contained within the report are assessed to have a positive
impact on sustainability, particularly with regard to encouraging recycling
techniques and recycled material use. 
Legal and Governance 
3.6 The Council are required, as Roads Authority under the Roads (Scotland) Act
1984, to manage and maintain the roads held on the List of Public Roads.
This report considers the discharge of this duty.

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Risk 
3.7 There are no significant risks associated with the implementation of this
project. 
4. Consultation 
4.1  No consultation has been carried out in preparing this report. 
5. Communication 
5.1  No communication has been carried out in preparing this report. 
2. BACKGROUND PAPERS 
2.1 None.