SCHEDULES
SCHEDULE 8PROTECTIVE PROVISIONS
PART 5FOR THE PROTECTION OF NATIONAL HIGHWAYS LIMITED
Interpretation
schedule 8 paragraph 37 37.—(1) Where the terms defined in article 2 (interpretation) of this Order are inconsistent with subparagraph (2) the latter prevail.
(2) In this Part of this Schedule—
term as built information “as built information” means one electronic copy of the following information—
as constructed drawings in both PDF and AutoCAD DWG formats for anything designed by the undertaker; in compliance with Interim Advice Note 184 or any successor document;
list of suppliers and materials used, as well as any relevant test results and CCTV surveys (if required to comply with DMRB standards);
product data sheets and technical specifications for all materials used;
as constructed information for any utilities discovered or moved during the works;
method statements for the works carried out;
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;
organisation and methods manuals for all products used;
as constructed programme;
test results and records as required by the detailed design information and during construction phase of the project;
a stage 3 road safety audit subject to any exceptions to the road safety audit standard as agreed by the undertaker and National Highways;
the health and safety file; and
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;
term the bond sum “the bond sum” means the sum equal to 200% of the cost of carrying out the specified works (to include all costs plus any commuted sum) or such other sum agreed between the undertaker and National Highways;
term the cash surety “the cash surety” means the sum agreed between the undertaker and National Highways;
term commuted sum “commuted sum” means such sum calculated as provided for in paragraph 48 (commuted sums) of this Part of this Schedule to be used to fund the future cost of maintaining the specified works;
term condition survey “condition survey” means a survey of the condition of National Highways structures and assets within the Order limits that in the reasonable opinion of National Highways may be affected by the specified works;
term contractor “contractor” means any contractor or subcontractor appointed by the undertaker to carry out the specified works;
term defects period “defects period” means the period from the date of the provisional certificate to the date of the final certificate which is to be no less than 12 months from the date of the provisional certificate;
term detailed design information “detailed design information” means such of the following drawings specifications and calculations as are relevant to the development—
site clearance details;
boundary, environmental and mitigation fencing;
road restraints systems and supporting road restraint risk appraisal process assessment;
drainage and ducting as required by DMRB CD 535 Drainage asset data and risk management and DMRB CS551 Drainage surveys – standards for Highways
earthworks including supporting geotechnical assessments required by DMRB CD622 Managing geotechnical risk and any required strengthened earthworks appraisal form certification;
pavement, pavement foundations, kerbs, footways and paved areas;
traffic signs and road markings;
traffic signal equipment and associated signal phasing and timing detail;
road lighting (including columns and brackets);
regime of California Bearing Ratio testing;
electrical work for road lighting, traffic signs and signals;
motorway communications as required by DMRB;
highway structures and any required structural approval in principle;
landscaping;
proposed departures from DMRB standards;
walking, cycling and horse riding assessment and review report;
stage 1 and stage 2 road safety audits and exceptions agreed;
utilities diversions;
topographical survey;
maintenance and repair strategy in accordance with DMRB GD304 Designing health and safety into maintenance or any replacement or modification of it;
health and safety information including any asbestos survey required by GG105 or any successor document; and
other such information that may be reasonably required by National Highways to be used to inform the detailed design of the specified works;
term dbfo contract “DBFO contract” means the contract between National Highways and the highway operations and maintenance contractor for the maintenance and operation of parts of the strategic road network which are within the Order Limits or any successor or replacement contract that may be current at the relevant time;
term dmrb “DMRB” means the Design Manual for Roads and Bridges or any replacement or modification of it;
term final certificate “final certificate” means the certificate relating to those aspects of the specified works that have resulted in any alteration to the strategic road network to be issued by National Highways pursuant to paragraph 46;
term the health and safety file “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);
term highway operations and maintenance contractor “highway operations and maintenance contractor” means the contractor appointed by National Highways under the DBFO contract;
term nominated persons “nominated persons” means the undertaker’s representatives or the contractor’s representatives on site during the carrying out of the specified works as notified to National Highways from time to time;
term programme of works “programme of works” means a document setting out the sequence and timetabling of the specified works;
term provisional certificate “provisional certificate” means the certificate of provisional completion relating to those aspects of the specified works that have resulted in any alteration to the strategic road network to be issued by National Highways in accordance with paragraph 42 when it considers the specified works are substantially complete and may be opened for traffic;
term road safety audit “road safety audit” means an audit carried out in accordance with the road safety audit standard;
term road safety audit standard “road safety audit standard” means DMRB Standard HD GG119 or any replacement or modification of it;
term road space booking “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;
term specification for highways works “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;
term specified works “specified works” means so much of any work, including highway works and signalisation, authorised by this Order including any maintenance of that work, as is on, in, under or over the strategic road network for which National Highways is the highway authority;
term strategic road network “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;
term utilities “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
term winter maintenance “winter maintenance” means maintenance of the road surface to deal with snow and ice.
(3) 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.
term bond sum (4) For the purposes of its obligations to procure a bond under this Part of this Schedule, the undertaker may procure a bond in relation to the specified works, and a separate bond in relation to the commuted sums, and in those circumstances references in this Part to “bond” and “bond sum” means both bonds together.