Paragraph 66 InterpretationI1

Where the terms defined in article 2 (interpretation) of this Order are inconsistent with sub-paragraph (3) the latter prevail.

Where any provision of this Part of this Schedule requires National Highways to act reasonably, then for the avoidance of doubt, any recommendation, request for information or condition for approval that relates to health and safety of the highway network within National Highways’ jurisdiction will be considered reasonable.

In this Part of this Schedule—

• “as built information” means one electronic copy of the following information (in so far as it is relevant to the works concerned)—

  1. (a)

     as constructed drawings in both PDF and AutoCAD DWG formats for any SRN work designed by the undertaker; in compliance with Interim Advice Note 184 or any successor document, and for the cable works, showing the location and depth of the cable as installed and any ancillary or protective measures installed within the strategic road network;

  2. (b)

     list of suppliers and materials used, as well as any relevant test results and CCTV surveys (if required to comply with DMRB standards);

  3. (c)

     product data sheets and technical specifications for all materials used;

  4. (d)

     as constructed information for any utilities discovered or moved during the works;

  5. (e)

     method statements for the works carried out;

  6. (f)

     in relation to road lighting, signs, and traffic signals any information required by Series 1300 and 1400 of the Specification for Highway Works or any replacement or modification of it;

  7. (g)

     organisation and methods manuals for all products used;

  8. (h)

     as constructed programme;

  9. (i)

     test results and records as required by the detailed design information and during construction phase of the project;

  10. (j)

      a stage 3 road safety audit subject to any exceptions to the road safety audit standard as agreed by the undertaker and National Highways;

  11. (k)

      in so far as it is relevant to the road works and cable works, the health and safety file; and

  12. (l)

      such other information as is reasonably required by National Highways to be used to update all relevant databases and to ensure compliance with National Highway’s Asset Data Management Manual as is in operation at the relevant time.

• “cable works” means any works under this Order which consist of the installation of cables, cable ducts, tunnels for cables and cable ducts and related or associated works to those operations under the strategic road network and to be through the use of trenchless installation techniques where no works are required to or on the operational carriageway;

• “cash surety” means the sum equal to 200% of the cost of the carrying out the SRN works (to include all costs) or such other sum as is agreed;

• “condition survey” means a survey of the condition of National Highways structures and assets within the Order limits that may be affected by the SRN works and cable works;

• “contractor” means any contractor or subcontractor appointed by the undertaker to carry out the works;

• “defects period” means the period from the date of the provisional certificate to the date of the final certificate which may be no less than 12 months from the date of the provisional certificate;

• “detailed design information” means such of the following drawings specifications and calculations as are relevant for the SRN works—

  1. (a)

     site clearance details;

  2. (b)

     boundary, environmental and mitigation fencing;

  3. (c)

     road restraints systems and supporting road restraint risk appraisal process assessment;

  4. (d)

     drainage and ducting as required by DMRB CD 535 Drainage asset data and risk management and DMRB CS551 Drainage surveys – standards for Highways;

  5. (e)

     earthworks including supporting geotechnical assessments required by DMRB CD622 Managing geotechnical risk and any required strengthened earthworks appraisal form certification;

  6. (f)

     pavement, pavement foundations, kerbs, footways and paved areas;

  7. (g)

     traffic signs and road markings;

  8. (h)

     traffic signal equipment and associated signal phasing and timing detail;

  9. (i)

     road lighting (including columns and brackets);

  10. (j)

      regime of California Bearing Ratio testing;

  11. (k)

      electrical work for road lighting, traffic signs and signals;

  12. (l)

      motorway communications as required by DMRB;

  13. (m)

      highway structures and any required structural approval in principle;

  14. (n)

      landscaping;

  15. (o)

      proposed departures from DMRB standards;

  16. (p)

      walking, cycling and horse riding assessment and review report;

  17. (q)

      stage 1 and stage 2 road safety audits and exceptions agreed;

  18. (r)

      utilities diversions;

  19. (s)

      topographical survey;

  20. (t)

      maintenance and repair strategy in accordance with DMRB GD304 Designing health and safety into maintenance or any replacement or modification of it; or

      for the cable works—

      1. (a)

         earthworks including supporting geotechnical assessments required by DMRB CD622 Managing geotechnical risk and any required strengthened earthworks appraisal form certification;

      2. (b)

         health and safety information including any asbestos survey required by GG105 or any successor document; and

      3. (c)

         other such information that may be required by National Highways to be used to inform the detailed design of the cable works;

• “DMRB” means the Design Manual for Roads and Bridges or any replacement or modification of it;

• “final certificate” means the certificate relating to those aspects of the SRN works that have resulted in any alteration to the strategic road network to be issued by National Highways pursuant to paragraph 78;

• “highway operations and maintenance contractor” means the contractor appointed by National Highways under the DBFO contract;

• “the health and safety file” means the file or other permanent record containing the relevant health and safety information for the authorised development required by the Construction Design and Management Regulations 2015 (or such updated or revised regulations as may come into force from time to time);

• “nominated persons” means the undertaker’s representatives or the contractor’s representatives on site during the carrying out of the cable works or SRN works as notified to National Highways from time to time;

• “programme of works” means a document setting out the sequence and timetabling of the cable works or SRN works;

• “provisional certificate” means the certificate of provisional completion relating to those aspects of either the cable works or the SRN works that have resulted in any alteration to the strategic road network to be issued by National Highways in accordance with paragraphs 73 or 74 as appropriate when it considers the SRN works or cable works are substantially complete;

• “road safety audit” means an audit carried out in accordance with the road safety audit standard;

• “road safety audit standard” means DMRB Standard HD GG119 or any replacement or modification of it;

• “road space booking” means road space bookings in accordance with National Highways’ Asset Management Operational Requirements (AMOR) including Network Occupancy Management System (NOMS) used to manage road space bookings and network occupancy;

• “Specification for Highways Works” means the specification for highways works forming part of the manual of contract documents for highway works published by National Highways and setting out the requirements and approvals procedures for work, goods or materials used in the construction, improvement or maintenance of the strategic road network;

• “SRN works” means so much of any work authorised by this Order which involve works to the carriageway or verge of any part of the strategic road network, or to operational assets ancillary thereto including highway drainage, and specifically including the alteration of a junction as authorised as part of Work No. 13A, and including any maintenance of that work, as is on, in, or over the strategic road network for which National Highways is the highway authority;

• “strategic road network” means any part of the road network including trunk roads, special roads or streets for which National Highways is the highway authority including drainage infrastructure, street furniture, verges and vegetation and all other land, apparatus and rights located in, on, over or under the highway;

• “the bond sum” means the sum equal to 200% of the cost of the carrying out the SRN works (to include all costs) plus 100% of the commuted sum, or such other sum as is agreed;

• “the commuted sum” means the sum agreed as being the necessary contribution by the undertaker to the increase in costs incurred by National Highways of maintaining new strategic highway assets constructed as SRN works under this Order for ten years from the issue of the final certificate;

• “utilities” means any pipes, wires, cables or equipment belonging to any person or body having power or consent to undertake street works under the 1991 Act; and

• “winter maintenance” means maintenance of the road surface to deal with snow and ice.

References to any standards, manuals, contracts, Regulations and Directives including to specific standards forming part of the DMRB are, for the purposes of this Part of this Schedule, to be construed as a reference to the same as amended, substituted or replaced, and with such modifications as are required in those circumstances.