LINCOLNSHIRE COUNTY COUNCIL
DEVELOPMENT SERVICES
HIGHWAYS AND TRAFFIC GUIDANCE NOTE ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
NO.
HAT 41/4/10
SUBJECT
SECTION 278 AGREEMENTS
EFFECTIVE FROM
1 May 2010
AUTHOR
Jason Grace
DISTRIBUTION
Distribution List
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Contents
1.
Introduction
2.
Pre-Planning Application Stage
3.
Planning Application Stage
4. Preparation of the Section 278 Agreement
5. Fees, Charges and Financial Procedures
6. Changes to the Design, Additional and Abortive Work
7.
Design Standards
8. Health and Safety and the Construction Design and Management Regulations
9. Design and Tender Stage
10.
Bond
11.
Commuted Sums
12.
N
etwork Management
13. Dedication of Land for Highway Purposes
14. Preparation and Issue of Licence
15. Works Construction and Start of Warranty Period
16. End of Warranty Period
17. Land Compensation Act 1973 and Noise Insulation Regulations 1975
18. Bond Call-in Procedure
Appendices
A
Standard First Letter to Developer
A1 Carriageway Width Alteration Schemes/Passing Places
A2 Ghost Island Right Turn Lane
A3
Roundabouts
B
Information and Items Required From Developers to Progress a Section 278
Agreement
C
Schemes involving Traffic Signals
D
Design Services, Supervision and Contract Administration
E
Design Checking, Inspection and Testing
F
Works valued at £25,000 or under
G
Financial Procedure
H
TSP Section 278 Project Initiation/Requisition Form
I
Approval of Consultants
J
Approval of CDM Coordinator
K
Design Guidance Notes
L
Section 278 Procedure
M
Procedure for Calculation of Bond Sum (Surety)
N
Instruction to prepare a S.278 Agreement
O
Approval of Contractors not on the Standing List
P
Information Required from Contractors
Q
Procedure for Completion of the Works
R
Land Compensation Act - Part 1 Claims
S
T
U
V
Construction Design and Management Regulations 2007
Letter – Certificate of Start of Warranty Period
Letter – Certificate of End of Warranty Period
Check List for Issue of Licence – Second Stage
1.0
Introduction
1.1 As part of the planning process, developers are often required to carry out
improvements to the highway infrastructure to overcome objections to a Planning
Application. In order to ensure such works are carried out in a satisfactory manner,
and that any additional land for these works is dedicated to Lincolnshire County
Council developers are required to enter into an Agreement under Section 278
(S.278) of the Highways Act 1980. Such an Agreement incorporates a surety (Bond)
to cover the works and all associated costs (Outline procedure as Appendix L and
Q).
1.2 This policy document provides guidance to developers, sets out Lincolnshire County
Council’s methods of dealing with such Agreements and has appendices which
detail the procedures to be used by applicant/developers (D) and the County Council
- as Local Highway Authority (LHA), Highways Divisions (HD), the Technical
Services Partnership (TSP), the Accessibility and Policy Group (APG), Lincolnshire
Road Safety Partnership (LRSP), Mouchel Business Services - Accountancy
Services (MBSAS) and Lincolnshire County Council Legal Services (LS). It details
what is required from developers in terms of;
• conditions that developers need to meet
• technical details, drawings and road safety audits to enable technical acceptance
to be issued in order to progress the Agreement
• signing and sealing of a legal Section 278 Agreement, to allow construction of the
highway works
• construction and maintenance of the highway works before adoption
• fees and payments payable to Lincolnshire County Council for progressing the
Agreement
1.3 At an early stage when development proposals are being prepared the D should
consult the LHA and the Planning Authority. This will give an opportunity to mitigate,
and hopefully, resolve any potential problems associated with the works before
submission of the planning application.
1.4 Extract from the Highways Act 1980;
Section 278(1), of the Highways Act 1980, (as amended by the New Roads and
Street Works Act 1991) says “A highway authority may, if they are satisfied it will be
of benefit to the public, enter into an agreement with any person(a) for the execution by the authority of any works which the authority are or may be
authorised to execute, or
(b) for the execution by the authority of such works incorporating particular
modifications, additions or features, or at a particular time or in a particular
manner,
on terms that that person pays the whole or such part of the cost of the works as
may be specified or determined in accordance with the agreement.”
1.5 Where the cost of the proposed S.278 works is estimated to be £25,000 or less, the
procedure set out in Appendix F shall be followed.
2.0
P
re-Planning Application Stage
2.1 The LHA, through TSP, is able to offer a range of highway, transport and traffic
investigation, feasibility and design services to allow D’s to seek planning consent for
their developments, offering the obvious benefits associated with design work
produced by the LHA.
2.2 In situations where the LHA recommends, or has recommended refusal of a planning
application, TSP will not be able to offer a design service, LRSP will not carry out
any safety audits and the D will be permitted to employ their own professional
consultant to carry out the design, safety audits and supervision of the S.278
highway works (Appendices E, J & K), subject to LHA approval (Appendix I) and
Highways and Traffic Guidance Note (HAT) 62 – SAFETY AUDIT POLICY AND
PROCEDURE which can be viewed on the LCC website.
3.0 Planning Application Stage
3.1 Definitions: TSP Senior Project Leader (SPL) and HD Principal Highways Officer –
Development Control (PHO).
3.2 Where the PHO identifies from a planning application that highway works are
needed in order to mitigate the impacts of a development on the highway network,
they will send a letter (Appendix A) to the D advising the D of this work and that this
will need to be done under a S.278 Agreement, after first seeking the necessary
specialist advice from TSP, LRSP or others and taking into consideration any of the
implications or recommendations from any associated Transport Assessment.
3.3 This first letter will be accompanied by the appropriate form (Appendix A1, A2, A3 or
a combination) indicating to the D the general construction requirements. By
including these additional forms this should provide greater clarification to the D of
the scope of the required works and reduce any potential future problems. At this
time the PHO will also advise the D that they will need to contact TSP to progress
the Agreement and that the policy of the County Council as LHA is to carry out all the
scheme design, preparation of tender documents and supervision of the highway
works (subject to workload and resource constraints).
3.4 Commuted sums for maintenance – as it may be not possible at the planning
application stage to accurately assess if a commuted sum, or sums, will be required
the paragraph concerning this is to be retained in the letter to the D (Appendix A), in
all cases. If the need for a commuted sum, or sums, is identified all commuted sums
will be calculated in accordance with the latest version of HAT 40, using the
accompanying spreadsheet by either the PHO or SPL, which can be viewed on the
LCC website, and this will be collected by APG before issue of the Licence,
discussed in section 14.
3.5 In respect of highway advice/comments the planning application can then be
cleared, subject to a negative (Grampian) condition restricting development until a
programme for the S.278 works has been agreed, the works themselves have been
agreed, they have completed, or a combination.
3.6 At this time the PHO will notify TSP of the site, the type of works required and the
D’s contact details (name, address, telephone number, email address etc) and
provide a copy of the planning conditions including any conditioned drawings and
other supporting information (e.g. Transport Assessment/S.106 Agreement). If the
S.278 Agreement is being progressed outside of TSP then the PHO will obtain a
TSP requisition form (Appendix H) from TSP Senior Support Officer, complete this
and return it to TSP Senior Support Officer, who will allocate a budget code (SAP
code) to record all costs against for progressing the Agreement.
3.7
W
here the Agreement requires new and/or upgraded Traffic Signals the procedure in
Appendix C is to be followed.
3.8 In Agreements where a Traffic Regulation Order(s) may be required the SPL or PHO
will advise the D of this and that the D is required to write to APG to request this be
progressed to suit the timing of the Agreement and also agreeing to pay all costs
associated with this, whether implementation of the Order is successful or not.
3.9 Before any work is started by the LHA to progress the design, or design checking (in
cases where the D is permitted to employ his own consultant to do this – discussed
later in this document), of the S.278 highways work the D will be required to sign the
Agreement and pay an up-front fee (refer to Appendix A) which will be determined by
either the SPL (if the Agreement is progressed by TSP), or the PHO (if this is to be
done by HD).
3.10 In all cases a suitable highway layout will be required prior to the grant of planning
permission to ensure that the scheme can be implemented. It will also permit the
planning permission to be conditioned with a suitable Grampian condition by the
PHO. When commissioned by the D, TSP will design a highway layout suitable for
planning purposes that has satisfied the requirements of a Stage 1 Safety Audit, and
provide a drawing to the PHO and the D. Where a design has not been subjected to
a Stage 1 Safety Audit the D and PHO will be advised of this and that the
subsequent Audit may require design changes.
3.11 Where TSP, decide not carry out the design and supervision work the D and PHO
will be notified by the SPL. The D will then be allowed to employ his own
professional consultant, subject to the requirements of Appendix I, and TSP will carry
out a design checking, testing and inspection role as Appendix E.
4.0 Preparation of the Section 278 Agreement
4.1 Upon the D notifying TSP of their intention to enter into a S.278 Agreement the SPL
will request the D provide all the information needed to progress the Agreement
(Appendix B).
4.2 When this information is received the SPL will forward this to APG, together with a
completed instruction to progress an Agreement form (Appendix N) and details of the
required up-front fee.
4.3 APG will then prepare the Agreement and send this to the D’s solicitor/legal
representative for signing and provide details of the required up-front payment and
fixed fees required from the D. At this time APG will also request that the D’s
solicitor provide proof of evidence of Title to any land needed for the highway works
that is to be dedicated to LHA to become public highway.
4.4 When the Agreement is returned to APG (together with the required up-front fees
and charges detailed in the Agreement and confirmation has been received that
these sums have cleared the LHA bank account) APG will arrange for the
Agreement to be signed and engrossed. A copy of this will be sent to the D’s
solicitor, SPL, PHO, LS and a copy retained in APG until the Agreement is
completed.
4.5 Upon receipt of a copy of the Agreement and confirmation that the up-front fee has
been received SPL will initiate the project in TSP so that the detail design/design
checking work can commence.
5.0 Fees, Charges and Financial Procedures
5.1
Up-front Fees - The up-front fee payable upon signing the Agreement is £2,000 for
highway works expected to cost below £50,000, or £5,000 where the works are
expected to cost above this sum, plus other fixed fees as detailed later in this
document and this will be determined by the SPL or PHO and notified to APG and
the D.
5.2 When the costs incurred by the LHA reach the level of the up-front fee the D will then
be invoiced in arrears on a quarterly basis, arranged by TSP Senior Support Officer
(SSO). If the costs incurred by the LHA do not reach the level of the up-front
payment then a refund of the difference will be made to the D at the end of the
Warranty Period allowed for in the Agreement. In cases where the Agreement is
terminated by the LHA or it lapses then a refund will be made to the D at an
appropriate stage.
5.3 Activities charged at cost - D’s will be liable for paying the LHA’s actual costs
associated with;
•
•
•
•
•
Post-application checks by TSP and APG of details supplied by the D
Traffic Regulation Orders
Road Safety Audits
Design of planning layouts by TSP
TSP’s activities in design, approval, tendering, checking, inspection, testing,
supervising, granting consents and certificates, geotechnical investigations
consultancy design and testing, and project management of the works and the
S.278 Agreement.
• Provision of CDMC services and production of CDM health and safety
information (where agreed by TSP).
5.4 When the SPL has received a signed Agreement and confirmation from APG that all
up-front fees and fixed charges have been paid the SPL will then arrange for an
estimate of fees to be prepared for progressing the Agreement, in accordance with
TSP current Quality Management System procedures and an indication of
anticipated dates for completion of the work. The SPL will then notify the D of this
and initiate the project using TSP Quality Management procedures (indicative form in
Appendix H).
5.5 The actual costs incurred by the LHA for progressing an Agreement will be
recharged, whether this is above or below any cost estimates previously given and
also whether or not the D is allowed to employ their own consultant.
5.6 D’s will also be liable for all third party costs incurred by the LHA in progressing the
Agreement, such as the Environment Agency, Network Rail, statutory undertakers
etc.
5.7 If the design requirements change for any reason and abortive design works are
carried out these will be dealt with through TSP Quality Management System (QMS)
change control procedure (detailed later in this document) and invoiced on an actual
cost basis to the D, as mentioned above. This also includes changes to the design
requirements caused by changes in standards that may occur after the design is
complete, but before the works are implemented.
5.8 If the Agreement, construction or completion of the highway works is delayed by the
D, or for any other reasons outside of the control of the LHA, then the LHA will
recover from the D all additional or abortive costs incurred and these will be
processed by SPL using the change control system discussed above.
5.9 In situations where the D is permitted to employ their own consultant actual costs
incurred for the checking of the design, contract documents, inspection and testing of
the works and progressing the Agreement (Appendix E) will be recharged to the D.
5.10
Fixed Fees - In addition to the up-front fee and costs outlined above, the D will also
be required to pay the following fixed fees, which will be collected by APG upon
signing of the Agreement;
• Administration Fee - An administration charge of £500 for the preparation,
issue, completion of the standard Section 278 Agreement.
• Legal Fee - A fee for work carried out by LS of £950. Where the work carried out
by LS exceeds 10 hours the D shall pay for all further hours, or any subsequent
part of an hour at a rate of £100 per hour.
5.11 Fixed fees for the following services will be collected from the D, together with any
other costs incurred by the LHA, prior to issue of the Licence. APG will obtain details
of these from LHA Business Support Services Tendering and Contract Officer and
advise the D. APG will also notify the D at this time that all unpaid invoices, charges
and costs will have to paid by the D before the Licence will be issued by the LHA.
• Approval of a contractor not on the standing list - A fee of £250 will be
charged for approval of any contractor not on the LHA’s Standing List
• Tender process - Where the LHA’s Business Support Services tenders the
highway works on behalf of the Developer a fee of £250 will be levied for this
service.
5.12 If TSP decide not to progress the Agreement HD may elect to do this for the LHA
and they should complete and send the TSP Section 278 Agreements – Requisition
form (Appendix H) to the Senior Support Officer. The Senior Support Officer will
then arrange for the project to be set-up on the LHA financial accounting system
(SAP), as Appendix G, and notify the PHO and SPL of the details. The PHO will be
required to devise and use a suitable system to record all HD staff time in
progressing the Agreement and this must be accurately recorded and journalled onto
the SAP code. By following this process this should enable the accurate financial
management (monitoring and control) of the costs incurred in progressing the
Agreement and for the subsequent recharging of these to the D.
Note - as actual costs incurred by the LHA will be recharged to the D, whether
above or below any estimates previously given, and it is in the D’s interest to
work with the LHA and use due diligence and care to ensure that the
Agreement, design and supervision are completed as expeditiously as
practicable.
5.13 The cost of the works themselves will be paid directly by the D to their appointed
contractor (the highway works must be procured and the contractor appointed
through the appropriate version of the New Engineering Contract) – In situations
where the D is permitted to employ his own consultant to design and
supervise the works the D is to confirm the version through TSP before the
contract documents are prepared and the order for the works subsequently
placed with a contractor.
6.0 Changes to the Design, Additional and Abortive Work
6.1.1 The TSP operates and uses a QMS to ensure the quality of its services, projects and
products. As part of this system, identified changes to the requirements for these
are recorded, monitored and controlled using a formal change control procedure.
D’s will be required to instruct, or agree, all changes that affect the S.278 project
using the QMS change control procedure discussed below.
6.1.2 When TSP identifies a change that will affect the S.278 project a change control form
will be prepared, using the procedure in the QMS, and the SPL will either;
• accept this change on behalf of the D and send a copy of the completed form to
the D and TSP SSO for information (Note: If the D does not respond to the
form within 5 days of it being sent to them then the notified changes will be
taken as agreed by the D). The SPL will then notify APG, the PHO and update
TSP project documentation with the changes.
• If the SPL does not accept the identified changes by TSP the form will be
returned to the originator with reasons why and this will be resolved using TSP
internal mechanisms.
• If the D does not accept the identified changes they will be required to write to the
SPL with supporting reasons and this will be investigated by the SPL with the aim
of resolving the problem. If this cannot be achieved the matter will be escalated
to the TSP Consultancy Manager who will make a decision, which will be binding
on the D. Otherwise disputes will be resolved as detailed in the S.278
Agreement. If the D identifies a change and needs to instruct it they are to advise
TSP of this who will follow the above process.
6.2 A change is anything that will affect the S.278 project time, cost, quality or safety and
below is a list (not exhaustive) that illustrates changes that may trigger this
procedure:
•
•
•
•
•
•
6.3 Brief / scope of works changes, additions or abortive work
New or revised information from the D or other sources
Risk register alterations resulting in new risks or control
Health and safety issues
Agreed timescale/programme, budget/cost estimates identified as insufficient
Other Sources
The D will be notified of changes in the following circumstances (list not exhaustive):
•
•
•
•
•
•
•
Where previously notified fee estimates will be exceeded
Where previously indicated timescales/programme will be exceeded
Where the change exposes the D to greater risk
Where the works cost will require increasing
Where the scheme feasibility or justification is affected
Where third party partners may be affected
Other circumstances
Note – The D will be charged actual costs incurred irrespective of whether any
changes are identified, instructed or agreed.
7.0
D
esign Standards
7.1 All S.278 highway works are to be designed in accordance with HAT 34 and the
guidance provided in Appendix K. If designers are unsure as to which design
standard to use in designing S.278 highway works they should seek guidance from
TSP before any design work is started.
8.0 Health and Safety and the Construction Design and Management Regulations
8.1 For the purposes of the Agreement the D is the Client, as detailed in the CDM
Regulations (discussed in the letter in Appendix A). As Client, the D has legal
responsibilities, one of which is a duty to appoint a competent CDM Coordinator
(CDMC) on notifiable projects, (those where the works are anticipated to last longer
than 30 working days or 500 person days). Any CDMC the D may wish to appoint
must also comply with the requirements in Appendix J. TSP may be able to
provide this service at a cost on request.
8.2 Should it become evident that there is to be, or has been a change, in the appointed
CDMC, it is the D’s responsibility to notify TSP of any changes.
8.3 Where the highway works are notifiable it is the CDMC’s responsibility to ensure that
the HSE have been notified of the works using the appropriate communication. The
LHA will only do this if it has agrees to be the CDMC.
8.4 The requirements of the S.278 detail that the D has the responsibility to ensure that
a suitable and sufficient health and safety file (as Appendix S - containing as-built
drawings and information) is prepared and delivered to the LHA before the issue of
the Certificate of End of Warranty Period, at the D’s expense. During the Warranty
Period the D should endeavour to submit a draft of the health and safety file to the
LHA for consideration, as this should minimise the potential for delay to completion
of the Agreement at the end of the Warranty Period.
9.0 Design and Tender Stage
9.1 Following the issue of planning permission for the development by the Planning
Authority and receipt of the signed S.278 by the LHA the detailed design, or design
checking of the highway works shall commence and be done in accordance with
HAT’s Notes 34, 62, the requirements of Appendices D, E and K and also in
consultation with the D and PHO.
9.2 Should any relaxation or departure from standard be required in the design of the
highway works the process in HAT 34 is to be followed (this requires that the D sign
the application, in advance of its submission to TSP by the designer).
9.3 Upon completion of the detailed design by TSP (following resolution of all issues
raised in the Stage 2 safety audit and after completion of all stage reviews required
under the QMS), the SPL will send a copy of the drawings to the D for his
acceptance, or in cases where the D is permitted to employ his own designer - at the
stage acceptance of the detailed design is granted. Before this stage is reached, or
at this time, the SPL will also seek confirmation from the D of how the works are to
be procured - whether through a tender process managed by TSP, or the D may
wish to appoint his own contractor, subject to them either being on the LHA Standing
list of Contractors or them obtaining the necessary approval from the LHA to work on
the public highway in Lincolnshire (Appendix O).
9.4 At this stage of the process the SPL will arrange for 12 copies of all detailed design
drawings along with the Bond calculation (as discussed later in this document and
Appendix M) to be sent to APG for drafting of the Licence. Also at this time the SPL
will ensure that a copy of the detail design drawings are sent to the PHO for
information. In addition to any detailed design drawings the following is also required
for inclusion in the Agreement;
•
•
a coloured drawing, at a suitable scale (1:500/1:200), showing the full extent and
limits of the Section 278 Agreement Works - inclusive of suitable working space,
also showing any land to be dedicated for highway purposes coloured blue and
bounded with thick red line – number of copies required is as discussed above
Land transfer drawing(s), at a suitable scale (1:1250/1:500/1:200), showing land
to be dedicated, bounded with thick red line, coloured pink and also indicating the
quantity of land to be transferred in square metres and current owner details.
Schedules may also be needed.
Note - S.278 highway works will NOT to be carried out using the LHA’s General
Highways Term Maintenance Contract, as the LHA will not assume the
Employer’s role for construction of S.278 works.
9.5 Should the D require that TSP seek competitive tenders for the highway works, on
their behalf, then TSP will prepare a list of suitable contractors and will provide this to
the D for their approval prior to tenders being sought. Upon approval of the list by
the D TSP will then arrange for tenders to be sent out using LHA usual procedures
(in accordance with the Council’s Financial Regulations and Standing Orders). The
D will be informed of the results by TSP design team, or the SPL, and asked to
confirm which tender they wish to accept.
9.6 Any geotechnical/site investigation work needed during the design is to be
commissioned through Lincolnshire Laboratory.
10.0
B
ond
10.1 The bond sum will be calculated by the SPL, or PHO, in accordance with the
procedure in Appendix M and notified to APG and the D at the time of completion of
the detailed design.
10.2 For the purposes of the Agreement the LHA has taken the decision that all District,
Borough, Town and Parish Councils, in the geographic area of Lincolnshire County
Council will NOT be required to provide a Bond. However Housing Associations,
charities and other organisations and will be treated as a private D and required to
provide a Bond.
10.3 In situations where a District, Borough, Town or Parish Council is to be a signatory
with a private D in a S.278 Agreement a partial bond is to be applied to the
Agreement and apportioned on the D’s private interests. In these situations the SPL,
or PHO is to seek relevant guidance from an appropriate senior manager/member of
the LHA (Highway Management Group and LS) on how this should be levied and
written into the Agreement.
10.4 The SPL or PHO will advise the D that they have the option to provide the Bond for
the Agreement either through a bondsman, e.g. recognised UK financial
institution/bank etc, or as a deposit cash sum with the LHA (Appendix G).
11.0
C
ommuted Sums
11.1 All commuted sums required under the Agreement are to be identified and calculated
in accordance with the requirements of HAT 40 - Commuted Sums for Maintenance,
which can be viewed on the LCC website.
Note – Departure from the requirements of HAT 40 requires Executive
Councillor approval.
12.0
Network Management
In order to allow the LHA to fulfil its obligations under the New Roads and Street
Works Act 1991 (NRSWA) and the Traffic Management Act 2004 (TMA), under the
Agreement the D is to be treated as a statutory undertaker and the S.278 works are
deemed to be street works. The D is therefore responsible for ensuring that all
notices required under the NRSWA and TMA are issued at the appropriate time to
ensure compliance with both Acts (forms available from HAT 29 on the LCC
website). If the D has allowed sufficient time, and requests TSP issue the TMA
notices, TSP may agree to do this. Otherwise the D will have to issue all the relevant
notices.
12.1 Under the Agreement the LHA still retains all powers, duties and functions conveyed
to it under the Highways Act 1980 and should the D breach any of the requirements
of the TMA, e.g. overrun of highway works, then the LHA has the power to have the
D’s works stopped, removed from the highway network and charge the D fixed
penalties for any contraventions as detailed in both of the aforementioned Acts.
13.0 Dedication of Land for Highway Purposes
13.1 For the Licence to be issued, discussed later in this document, the D must be able to
dedicate any land required for the highway works (which is not already public
highway), to the LHA and they will be expected to provide proof of title to all the land
required. This land needs to be dedicated free of charge, freehold, free from any
encumbrances and in addition the D must not dispose of any part of the land or grant
any right or interest in or across the land, which could impede the LHA highway
function in order for this to be acceptable to the LHA.
13.2 Should the D be unable to prove title to all land required for the highway works the D
will be expected to acquire all the land needed at their expense in the required
timeframe. Should this not be possible the LHA will require suitable proof from the D
all reasonable methods of acquiring the land required have been exhausted and
being satisfied of this, may at its discretion offer to acquire the land needed for the
works through compulsory purchase powers (CPO). This will however be as a last
resort and the D will be expected to underwrite all costs associated with this, whether
or not the land is successfully acquired. D’s should also note that;
• processing a Compulsory Purchase Order is seldom a swift or easy process and
that objections are commonplace and usually lead to a Public Inquiry. As a result
of the Inquiry the LHA may decide not to use the powers
• if the powers are used and the Order is made the Order may be challenged in the
High Court
• compulsory purchase achieves entry onto the land only, with its valuation being
subject to market forces including possible ransom valuation
13.3 Title to the Land will then be checked by LS prior to issue of the Licence, discussed
later in this document and again upon transfer before the issue of the Certificate of
End of Warranty Period and if this is acceptable to the LHA the land will become
public highway and maintainable from the public purse. APG will then notify the
relevant section of the LHA so that land records can be updated.
14.0 Preparation and Issue of Licence
14.1 At completion of the detailed design (or upon issue of technical acceptance of the
detailed design - in situations where the D is permitted to employ their own
consultant to do the design), and following completion of the Stage 2 Safety Audit
and resolution of any issues raised in this, the SPL will calculate the Bond sum
(Appendix M) and forward this together with 12 copies of all detail design and other
drawings to APG for them to prepare the Licence, discussed earlier in this document.
(Note - In addition to any detailed design drawings 12 copies of the following is also
required for inclusion in the Agreement; a coloured drawing, at a suitable scale
(1:500/1:200), showing the full extent and limits of the Section 278 Agreement Works,
inclusive of suitable working space, showing any land to be dedicated for highway
purposes coloured blue and bounded with a thick red line. If land is to be dedicated
then a land transfer drawing(s), at a suitable scale (1:1250/1:500/1:200) are also
required showing all land to be conveyed bounded in a thick red line, coloured pink
and indicating the quantity of land to be transferred in square metres. In addition to
the above the SPL will also forward to APG confirmation of the following information
needed for issue of the Licence as detailed in Appendix V, items;
• A – CDMC details
• C – Suitable confirmation the D has accepted the detailed design
• F – Suitable confirmation the D has requested, obtained, or a combination of
both, any temporary/permanent traffic regulation order needed for the works
• G
–
Suitable
confirmation
that
the
D
has
obtained
any
permission/permits/approvals, or other licences necessary for the works
• K – Suitable confirmation that the D has complied with all conditions of the
planning consent for the development site
• M – Suitable proof of the D’s agreement to the timescale for implementation of
the S.278 works
APG will obtain and verify all the other items required in Appendix V before
requesting LS issue the Licence.
14.2 LS will then sign and engross the Licence, retaining a copy for their files and return
the remaining copies to APG. APG will then place a copy on their files and send a
copy of the Licence to the D’s solicitor, the SPL, PHO and any other organisations
requiring a copy.
15.0 Works Construction and Start of Warranty Period
15.1 Following issue of the Licence and at the time the D appoints a contractor to build
the
highway works the D is to make contact with TSP design team to arrange a
works pre-start
meeting. Note - the D must provide 20 working days notice
of the works pre-start
meeting and this must be held at least 15 working
days before the planned works construction start date. This lead-in period is
needed for TSP to allocate staff resources to carry to out the site supervision, or
inspection and testing of the works and for TSP to arrange for the public to
receive suitable notification of the planned highway works. Should the D not comply
with this lead-in period requirement the LHA will not permit construction of
the
works to start on site.
15.2 Upon the date being agreed for the works pre-start meeting TSP design team will
ensure all necessary attendees are invited, including the D, and also prepare and
issue a meeting agenda to the invitees (Appendix P). The D will also need to ensure
that their chosen contractor is able to provide all the information required in Appendix
P to TSP at works pre-start meeting and also at this time, provide proof that the D
has signed the contract for the highway works. Note - should the D not comply
with the above requirements 15 days before the planned works start date the
works will not be permitted to start on site.
15.3 After the works pre-start meeting has taken place TSP design team will prepare and
issue minutes of the meeting to all attendees and also confirm acceptance of the
contractor’s works construction programme, CDM Construction Phase Plan,
temporary traffic management measures and acceptance of the D’s Project Manager
and Site Supervisor - where TSP are administering the contract. At this time TSP
design team will also arrange for the public to be notified of the works using the
LHA’s usual methods, the costs of which will be charged to the relevant SAP budget
code for the Agreement and subsequently recharged to the D using the financial
procedure discussed earlier in this guidance document.
15.4 When construction of the works is complete and agreed by TSP and HD as
acceptable to be opened to traffic TSP design team will arrange the Stage 3 Safety
Audit to be carried out by LRSP, in accordance with the requirements of HAT 62,
and any issues raised in this audit will need to be satisfactorily resolved by the D, at
the D’s expense, in a timeframe as agreed by TSP. Having verified this has been
done the SPL will then notify APG that works are acceptable for the Warranty Period
to commence and for the bond to be reduced to 10% of its original value, as allowed
for in the Agreement, subject to no other issues arising which may affect this. APG
will then notify the D’s solicitor of this and arrange for Certificate of Start of Warranty
Period to be issued to the D (Appendix T), sending copies of this to the SPL, PHO
and LS. Also at this time APG will arrange for the bond to be reduced.
15.5
A
ny geotechnical/materials testing work needed during the works construction and
Warranty Periods is to be commissioned through Lincolnshire Laboratory.
15.6 Note – As per the terms of the Agreement from the issue of the Certificate of
Start of Warranty Period the D is responsible for maintenance of the highway
works for a period of 16 months, following the stage 4 safety audit as per the
requirements of HAT 62 (Warranty Period increased to 24 months where thin
surface courses are installed and 36 months in situations where high friction
surface courses are provided) the LHA will not carry out any cyclic highway
maintenance activities on this part of the highway network, unless this would
affect any of its statutory duties or functions. Therefore if any defects arise in
the works these will be notified to the D who will be required to resolve these
to the LHA satisfaction in the timescales below;
• Emergency Repairs - To be rectified within 4 hours from notification by the
LHA
• Urgent Repairs – To be rectified within 72 hours from notification by the
LHA
• Normal Repairs – To be rectified within 1 calendar month from notification
by the LHA
Should the D fail to carry out any notified repairs to the S.278 works in the
required timescales mentioned above the LHA will carry out this work on
behalf of the D and recharge the D all costs incurred associated with this.
16.0 End of Warranty Period
16.1 A minimum of one calendar month before the end of the Warranty Period the D is to
notify TSP design team or the SPL of this and request a final site inspection of the
works. This will then be arranged with a representative from HD. Following this
inspection a list of any issues needing to be resolved will be sent to the D who will
need to complete all these issues to the satisfaction of the LHA in the timescales
detailed in the Agreement, before the works will be considered to be suitable for
adoption by the LHA. As a minimum requirement the D will be required to do the
following for all S.278 works (where included in the works);
• Clean and re-lamp all street lights, other illuminated signs and bollards within the
limits of the works and at their tie-in to the existing highway network
• Test and obtain approval of all highway drainage within the limits of the works
and at their tie-in to the existing highway network
• Renew/refresh all road markings within the limits of the works and at their tie-in to
the existing highway network
• Cleaning of all highway surface water gullies and drainage within the limits of the
works and at their tie-in to the existing highway network, including any outfalls
outside the limits of the works
• Sweeping of the site within the limits of the works and at their tie-in to the existing
highway network
• Application of weed killer within the limits of the works and at their tie-in to the
existing highway network
• Clean all traffic signs and road markings within the limits of the works and at their
tie-in to the existing highway network
• Make good any corrosion protection to street lights installed as part of the works
or moved as part of the works
Note – the onus on securing adoption of highway works constructed under a
Section 278 Agreement rests with the D and NOT the LHA. It is therefore in the
D’s interest to ensure that the works are fit for purpose and are suitable for
adoption before the end of the Warranty Period.
16.2 At the end of the Warranty Period TSP will arrange the Stage 4 Safety Audit to be
carried out by LRSP, in accordance with the requirements of HAT 62, and any issues
raised in this audit will need to be satisfactorily resolved by the D, at the D’s
expense, in a timeframe in accordance the requirements of the Agreement and as
agreed by TSP.
16.3 Upon TSP SPL being satisfied, that any issues raised in the Stage 4 safety audit
have been satisfactorily addressed by the D the SPL will check that the D has
provided a suitable CDM health and safety file for the works, in accordance with the
requirements of section 8 of this document and Appendix S. After having verified
this the SPL will notify APG that the works are acceptable to be adopted, and the
remaining Bond can be released.
16.4 Having received this notification APG will verify the following;
• A suitable land dedication drawing and any necessary supporting schedules have
been provided by the D
• The D has provided suitable evidence that all requirements of the Traffic
Management Act have been complied with
• The D has provided any easement or wayleave required for the works, or suitable
evidence that this has been updated
• The D has provided suitable evidence to the LHA that any structures installed as
part of the works are suitable for adoption by the LHA
• The D has paid all costs and fees to the LHA
• The D has paid to the LHA any commuted sum(s)
Upon all the above requirements being met APG will then issue the Certificate of
End of Warranty Period (Appendix U) and Bond cancellation notice/arrange for the
remaining deposit sum to be returned to the D and send a copy of these
communications to the SPL, PHO and LS. At this time APG will also send the land
dedication drawing and notification to the LHA land section (County Terrier) for land
records to be updated.
16.5 At this stage the LHA now considers the S.278 Agreement to be FULFILLED,
subject to the LHA not receiving any claims for compensation under the Land
Compensation Act 1973, or Noise Insulation Regulations 1975 as a result of the
works, discussed in the section 17, below and the SPL, or PHO will close down the
project and archive the files in accordance with current LHA procedures.
17.0 Land Compensation Act 1973 and Noise Insulation Regulations 1975
17.1 Under Part 1 of the Land Compensation Act 1973 residents living close to the new
works can claim compensation if they perceive the works have had a detrimental
effect on their environment, e.g. the value of their property is depreciated by noise
and other specified physical factors arising from the use of a new or altered highway.
The Noise Insulation Regulations 1975 require the LHA to offer noise insulation or
grants to occupiers of dwellings, such claims cannot be made until the “first claim
date”, which is 12 months after the highway is open to the public. As the limitation
period for claims under statute is 6 years from the time when the cause of the action
arose, it follows that claims can be brought up to 7 years after completion of the
works.
17.2 Under the Section 278 Agreement the D is required to indemnify the LHA against
any claims, or costs incurred in investigating such claims.
17.3 Where a claim is received the procedure in Appendix R is to be followed.
18.0 Bond Call-In Procedure
18.1 A judgement is to be made by the SPL, or PHO, as to when this process should be
initiated, but this will generally be as a result of the D not complying with
requirements of the Agreement in the required timescale, or them refusing to do so.
Should this occur the SPL or PHO will arrange a meeting between LHA officers
involved with the S.278 together with all relevant facts, documents and approved
drawings and this should lead to a joint decision to commence this process.
18.2 Following the meeting the SPL or PHO will arrange, through APG, for a letter to be
sent to the D (APG will also send a copy of this letter and any supporting information
to the Bondsman) advising them that Bond will be called-in 28 days from the date of
the letter, unless the D resolves all issues raised (to be itemised in the letter) to the
satisfaction of the LHA, or the D provides all the following documentary evidence to
the LHA, in a suitable format; proving that an order has been placed for all
uncompleted items, a programme/timescale clearly showing all uncompleted tasks
and a clear unambiguous date for their completion and a specification for all
uncompleted items. At this time the SPL, or PHO, will advise the D if this is
acceptable to the LHA, or if not - the reasons why.
18.3 If the D fails to comply with the above requirements the SPL or PHO will notify APG
who will then send a letter to the Bondsman advising them of this and also send a
copy to the SPL and PHO. Upon receipt of this letter the SPL, or PHO, will pass all
relevant correspondence to LS and request that the Bond be called-in.
18.4 Upon notification of receipt of the Bond money, from APG or LS, the SPL will
arrange for a TSP Senior Support Officer to set-up a separate sub-code under the
project SAP code, so all costs can be accurately recorded and subsequently
recharged to the Bond money. At this time the SPL will also arrange for TSP design
team to prepare the necessary procurement documents for any unfinished items.
Note – At this stage of the Agreement any unfinished part of the highway
works may be completed using the LHA Highways Maintenance Term
Contract – where financial rules allow, but the SPL and TSP design team
should choose the most expeditious and efficient way for these to be
completed, e.g. use the Term Contract or use of competitive quote/tender to
procure any unfinished items.
18.5 When the work is completed the SPL will notify APG, who will then arrange for the
cost of this work to be deducted from the Bond money and any balance remaining
refunded back to the Bondsman.
18.6 TSP SPL, or the PHO, will then ensure the project closed and all files archived in
accordance with current LHA procedures.
APPENDIX A Your ref: My ref:
CRM no:
Date:
Please reply to:
Divisional Highways Office Address
Tel: 01522 782070
Fax: 01522 553171
Email: [email protected]
Dear
WORKS REQUIRED UNDER SECTION 278 OF THE HIGHWAYS ACT 1980
I have given consideration to the proposal you have submitted to the District Planning
Authority for Planning Permission. In order to mitigate the impact of the effects of your
development on the highway network highway works will be required.
The works required are as follows:[Enter Manually]
Such works are required to be carried out under a Section 278 Agreement (Highways Act
1980) and are to be funded by you. The policy of the County Council as Highway
Authority is to carry out all the scheme design, preparation of tender documents and
supervision of such works (subject to workload and any resource constraints, in which
case Lincolnshire County Council may allow you to employ your own consultant to do this).
The works themselves will be carried out by a contractor appointed by you, but requiring the
approval of the County Council.
Attached is a sheet showing the minimum requirements for these works (Note for PHO’s –
Append Appendix A1, A2, A3, or a combination of these to this letter and delete this
note before sending out this letter).
To progress towards the construction of the Section 278 highway works you will be required
to enter into an Agreement and pay an up front fee, according to the estimated cost of the
works – to be determined by the County Council. The fee will be either:
£2,000 for highway works expected to cost below £50,000, or
£5,000 for works expected to cost above this sum.
Please note;
1. Lincolnshire County Council will not carry out any work to progress the detailed
design/design checking until receipt of the signed Agreement and up-front payment.
2. The works themselves will not be permitted to start on site until the Licence allowed
for in the Agreement has been issued by the County Council.
When the costs incurred by the Council reach the level of the up front fee you will then be
invoiced in arrears on a quarterly basis. Should the costs incurred by the Council not reach
the level of the up front fee then a refund of the difference will be made at the end of the
Warranty Period allowed for in the Agreement.
You will be liable for paying the County Council’s actual costs associated with:
• Post-application checks by the County Council’s Technical Services Partnership (TSP)
and Accessibility and Policy Group of details supplied by you
• Traffic Regulation Orders
• Road Safety Audits
• Design of planning layouts by TSP
• TSP’s activities in design, approval, tendering, checking, inspection, testing, supervising,
granting consents and certificates, geotechnical investigations consultancy design and
testing, and project management of the works and the S278 Agreement
• Provision of CDMC services and the production of the health and safety file (where
agreed and advised by TSP)
Please be advised that you will be charged the actual costs incurred by the County Council,
whether this is above or below any estimates given to you and also whether or not you are
allowed to employ your own consultant. The cost of the works themselves will be paid
directly by you to your contractor, who must be appointed through the appropriate version of
the New Engineering Contract. You will also be liable for third party costs, such as the
Environment Agency, Network Rail and statutory undertakers
If the design requirements change for any reason and abortive design works are carried out,
these will be invoiced on an actual cost basis, as mentioned above. This also includes
changes to the design requirements caused by changes in standards that occur after the
design is complete, but before the works are implemented.
Should the Agreement, construction or completion of the highway works be delayed by you,
or for other reasons outside of the control of Lincolnshire County Council, the Council will
recover from the developer all additional or abortive costs incurred.
In situations where you are permitted to employ your own consultant the Council will charge
you actual costs incurred for the checking of your design and contract documents, inspection
and testing of the works and for progressing the Agreement.
Additional to the up front fee and costs outlined above, you will be required to pay the
following fixed fees:
Administration Fee - An administration charge of £500 for the preparation, issue, completion
of the standard Section 278 Agreement
Legal Fee - A fee for work carried out by our Legal Services of £950. Where the work carried
out by Legal Services exceeds 10 hours the Developer shall pay for all further hours at a rate
of £100 per hour.
Approval of a contractor not on the standing list - A fee of £250 for approval of any
contractor not on the Council’s Standing List.
Tender process - Where the Council’s Support Services tenders the highway works on
behalf of the Developer a fee of £250 will be levied for this service.
All unpaid invoices at the time of the completion of the Licence will have to be paid for
the Licence to be issued.
Please note in accordance with this authority’s policy, the Lincolnshire Road Safety
Partnership (LRSP) must undertake all safety audits even when your own consultants have
been permitted to design the works. This will be charged on a fee basis, details of which can
be obtained by contacting the LRSP on 01522 805800.
Where your proposal includes land to be dedicated to this Council to facilitate your scheme,
you must forward certified copies of your land title documents at your earliest convenience to
avoid any future delays regarding the issue of the Licence. Any land to be dedicated must
also be free from any encumbrances, for the title to be acceptable.
The nature of the required works may cause the County Council to incur additional future
maintenance costs in respect of additions to its existing infrastructure. There could,
therefore, be a charge for commuted maintenance within the Section 278 Agreement, which
will be notified to you before the issue of the Licence allowed for in the Agreement.
Commuted sums are payable at the latest on the issue of the Certificate of the End of
Warranty Period as defined in the Agreement. The charge will be calculated following the
published CSS guidance on commuted sums as implemented by the County Council in its
Highways and Traffic Guidance Note 40, available for download on the Council’s website.
In order to avoid delays in commencing works and prior to issue of the Licence, Road Space
Booking must be made by you. This can be done by contacting this office. You should note
that under the Traffic Management Act 2004, works of a duration of longer than ten days or
requiring a Traffic Regulation Order (e.g. for a temporary road closure) must have at least a
three month notification period. For the purposes of the Agreement and the works, you will be
considered an ‘undertaker’ and the works ‘street works’ under the 2004 Act.
May I also remind you that under The Construction (Design and Management) Regulations
2007, (CDM) as you are commissioning the works, you are legally the Client (Regulation 2,
Paragraph 37 of the Approved Code of Practice). As the Client you do have the duty to
appoint a CDM Co-ordinator on notifiable projects, which are defined as those lasting longer
than 30 working days or 500 person days. The Council’s TSP may be able to provide this
service at cost on request.
In accordance with Regulation 17/4 of the CDM Regulations 2007, once this site is completed
you are required to provide to the Director for Development, a Health & Safety File for any
structures, i.e. culverts, highway drains, traffic signals and the road itself. Your CDM Coordinator should ensure the Director for Development is made aware of this file and any
difficulties which occur in future maintenance i.e. land contamination areas, maintenance of
drains and culverts etc.
To progress this matter you are advised to contact [Enter Manually] of the Council’s
Technical Services Partnership (tel. no. 01522 782070) to arrange for the works to be
assessed and the Agreement to be progressed.
Should you wish to discuss any of the above further, please contact [Enter Manually] at the
above number.
Yours faithfully
DIVISIONAL HIGHWAYS SUPPORT MANAGER
23/4/2010 Rev.4
APPENDIX A1
SECTION AGREEMENT 278 CARRIAGEWAY WIDTH ALTERATION/PASSING PLACES
File No: SAP Code:
Road Name/No:
Parish:
D/C Highway Officer:
Division:
Tel No:
Area Manager
•
•
•
•
•
•
•
•
•
•
•
•
Refresh all Road Markings and Studs within scheme area.
Lining and studs should be reviewed and refreshed/amended as appropriate for a
distance of up to 100 metres beyond the limits of the works
Minimum 300mm cut back into existing full depth construction.
Materials and their testing shall be from Lincolnshire County Council’s Code of Practice
“HT/14/1/94” ‘The Code of Practice Highway Works/Standards, Materials, Testing’
Unless otherwise agreed where widening is required, the existing carriageway shall be
resurfaced to its centreline. Care is required to ensure differential skid resistance is
not inadvertently introduced by the use of new surfacing with different characteristics to
the existing surfacing.
Signing – Consideration should be given to the provision/removal of direction signs,
regulatory and warning signs for a distance of up to 250 metres beyond the limits of the
works, as required.
Street lighting – Consideration should be given to improving the existing or providing a
new system of street lighting where appropriate in accordance with LCC lighting policy
Drainage –Where the existing drainage system is being utilised, the adequacy of the
system shall be checked to ensure that it can cope with the additional surface area of
the carriageway
Kerbing
The subgrade’s bearing capacity, existing carriageway construction strength and
surfacing shall be investigated.
Pavement design shall be in accordance with Highways and Traffic Guidance Note
(HAT) 34. Subgrade’s bearing capacity, existing carriageway construction strength and
surfacing shall be investigated.
Safety Audit Guidelines are to be followed (HAT 62).
Signed:
Dated:
Note: The above is required unless agreed in writing by Lincolnshire County Council
APPENDIX A2 SECTION 278 GHOST ISLAND RIGHT TURN
File No: SAP Code:
Road Name/No:
Parish:
D/C Highway Officer:
Division:
Tel No:
Area Manager
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Scheme shall be in accordance with TD 42 (geometric Design of Major/Minor Priority
Junctions)
Lining and Studs should be reviewed and refreshed/amended as appropriate for a
distance of up to 100 metres beyond the limits of the Works.
Lighting shall be provided/renewed in accordance with LCC lighting policy (note
scheme’s to tie in together – please contact the Council’s Street Lighting Section for
guidance)
Pedestrian Refuges are required on all roads where pedestrian flows are anticipated
(including bollards and refuge beacons as appropriate). Need to liaise with Abnormal
Loads team to ensure they do not impact on wide load roads.
Consider coloured surfacing on all A roads – (to be agreed with LRSP)
Footways/cycleways to tie into existing facilities.
Full carriageway overlay/inlay required. Material to incorporate a coarse aggregate with
an appropriate PSV (polished stone value)
Longitudinal joints shall not be located within a future wheelpath zones
Overlay/inlay shall commence at beginning of taper areas.
Materials and their testing shall be from Lincolnshire County Council’s Code of Practice
“HT/14/1/94” ‘The Code of Practice Highway Works/Standards, Materials, Testing and
taking particular note of table 2 note 12.
Lane widths shall be a min 3.0m/3.5m/3.0m where practicable. Where 1.0m of
hardstrips exist, these should be maintained through the junction area.
Signing – Consideration should be given to the provision/removal of direction signs,
regulatory and warning signs for a distance of up to 250 metres beyond the limits of the
works, as required.
Drainage – where the existing drainage system is being utilised the adequacy of the
system shall be checked to ensure that it can cope with the additional surface area of
the carriageway.
Pavement design shall be in accordance with Highways and Traffic Guidance Note 34.
Subgrade’s bearing capacity, existing carriageway construction strength and surfacing
shall be investigated.
Safety Audit Guidelines to be followed (HAT 62).
Signed:
Dated:
Note: The above is required unless agreed in writing by Lincolnshire County Council
APPENDIX A3 SECTION 278 ROUNDABOUTS
File No: SAP Code:
Road Name/No:
Parish:
D/C Highway Officer:
Division:
Tel No:
Area Manager
• Scheme shall be in accordance with TD 16 – Geometric Design of Roundabouts, or
TD 54 – Design of Mini Roundabouts
• Road Markings and Studs should be reviewed and refreshed /amended as appropriate
for a distance of up to 100 metres beyond the limits of the works.
• Lighting shall be provided/renewed in accordance with LCC lighting policy (note
scheme’s to tie in together – please contact the Council’s Street Lighting Section for
guidance). All roundabouts shall be illuminated.
• Pedestrian refuges required on all roads. Pedestrian refuges would normally only be
required if there is a pedestrian demand.
• Consider coloured surfacing on all A roads (to be agreed with LRSP)
• Footways, if provided, to tie into existing facilities.
• Full carriageway overlay/inlay required
• Overlay/inlay should extend to the limits of any realignment to the existing carriageway.
• Materials and testing shall be in accordance with Lincolnshire County Council’s Code of
Practice “HT/14/1/94” ‘The Code of Practice Highway Works/Standards, Materials,
Testing’.
• Signing – Consideration should be given to the provision /removal of direction signs,
regulatory and warning signs for a distance of up to 250 metres beyond the limits of the
works, as required.
• Drainage – Consideration should be given to the vertical design to achieving
carriageway drainage using a conventional ‘gully’ drainage system.
• The subgrades bearing capacity, existing carriageway construction, strength and
surfacing shall be investigated.
• Pavement design shall be in accordance with Highways and Traffic Guidance Note 34.
Subgrade’s bearing capacity, existing carriageway construction strength and surfacing
shall be investigated.
• Safety Audit Guidelines to be followed (HAT 62).
Signed:
Dated:
Note: The above is required unless agreed in writing by Lincolnshire County Council
APPENDIX B
INFORMATION AND ITEMS REQUIRED FROM DEVELOPERS TO PROGRESS A
SECTION 278 AGREEMENT
Please note Lincolnshire County Council will not carry out any work to progress the
detailed design/design checking until receipt of the signed Agreement and up-front
payment.
1. Details of Developer’s (or details of the beneficiary of the planning consent) who is to sign
the Agreement; full name and postal address and contact details (contact name, email
address, telephone number, fax number etc).
2. Names and addresses of all other parties to the Agreement, e.g. landowners etc.
3. Details of the solicitor, who will be representing the developer (or beneficiary of the planning
consent) who is to sign the Agreement; name of company, full postal address, contact name,
email address, telephone number, fax number etc.
4. Copy of full planning consent for the development, including details of reserved matters
relating to the highway works and a copy of all supporting documents (approved layout
drawings, Traffic Assessment, Travel Plan etc).
5. Proof of land title – evidence of title of any land required for the works to be dedicated to the
Highway Authority (note this will need to free from any encumbrances to be
acceptable).
6. Up front payment of either £2,000 or £5,000, as advised by the LHA.
7. Details of how the Bond (Surety) is to be provided; full contact details of the bondsman will
be needed; name of company, full postal address, contact name, email address, telephone
number, fax number etc. Otherwise a cash deposit will be required and this will be placed in
an interest bearing account, which will be returned to the developer together with any
interest earned upon satisfactory completion of the Agreement.
8. Indication of developer’s project timescale, with programme, if available.
9. If the LHA does not agree to carry out the design and supervision of the works and allows
the developer to use his own consultant (the developer must seek prior Highway
Authority approval of any consultant to be employed – Appendix I) to do this work, then
full contact details will be needed; name of company, full postal address, contact name,
email address, telephone number, fax number etc.
10. For the purposes of the Licence 10 copies (12 are required if any land is to be
dedicated/transferred to the LHA) of the following drawings are generally required, together
with a schedule showing drawing number, name and revision;
a) a location plan showing site location at a suitable scale (1:1250/1:2500). A site plan
showing the site of the 278 works outlined in red, 1:500 (as defined in the
Agreement).
b) a Layout Plan showing the general layout of the 278 works (1:500/1:200).
c) a detailed technical drawing(s) of the actual works, see later guidance on what is
required for technical acceptance.
d) a plan showing any land to be conveyed to the highway, which should be shaded
blue (as defined in the Agreement).
With prior agreement of the LHA items b), c) and d) My be combined, but this will depend upon the
scope, complexity, location and value of the highway works.
Please note that as these drawings will need to be folded and inserted into the Licence,
drawings above A1 size will not generally be accepted.
APPENDIX C
SCHEMES INVOLVING TRAFFIC SIGNALS
1
The D is to be informed be informed at the Planning Application stage that all traffic
signal equipment is to be provided and installed by the LHA Traffic Signal Term
Contractor, this is necessary to ensure that the new equipment is compatible with the
LHA maintenance and Urban Traffic Management Control systems control and
monitoring equipment and associated systems database programming and validation
works (UTMC).
2
The D shall be informed that they are responsible for the payment of all equipment
and installation costs (see 5 below).
3 A commuted sum for future maintenance will be calculated and charged in
accordance with Highways and Traffic Guidance Note 40 ‘Commuted Sums for
Maintenance’. This shall be initially coded to the SAP S.278 project budget code
(H7F…….) then transferred immediately to the appropriate account.
4
The Principal Engineer (LHA Traffic Signals Team) is to be consulted on whether to
accept or decline the commission. Generally, all traffic signal design work is carried
out by LHA Traffic Signals Team.
5
If the LHA Traffic Signals team accept the traffic signal commission, the new traffic
signal installations and UTMC will be procured through the LHA Term Contract. An
order is required from the D (who must be the signatory to the Agreement to ensure
the work is covered by the Bond) to enable orders to be placed for the traffic signals
installation, UTMC equipment, associated works, telecommunications and electric
supply connections. Costs are allocated within the Traffic Signals range (H7P …..
code). The Traffic Signals team must invoice the D for all the equipment and
installation costs, prior to the Bond being released. Income received will then be
allocated to the H7P code, which should balance against the costs.
6
If the Traffic Signals Team decline the traffic signal commission, D’s must make their
own arrangements with a suitable design consultant and the LHA Traffic Signal Term
Contractor. The developer will need to be made aware that orders for BT and
electricity connections will have to be made through the Traffic Signals section,
which will incur a cost for doing this work.
7
Where TSP are carrying out the road works design the fees for signals will be part of
the fees charged by TSP. Where signals are designed separately, then the design
and supervision fees will be charged in accordance with the charging structure
discussed in this document.
APPENDIX D DESIGN SERVICES, SUPERVISION AND CONTRACT ADMINISTRATION Lincolnshire County Council’s role in carrying out Design Services at the detailed design
stage, contract supervision and contract administration duties after award of tender is as
follows;
1. Detailed design of highway works; geotechnical site investigation, trial holes to locate
services plant and equipment, horizontal and vertical alignment, relaxations and
departures, street lighting/structures/drainage/signs and road markings design,
preparation of drawings, specification, bill of quantities, contract documents and
works estimate.
2. Carrying out a Stage 2 Road Safety Audit and resolution of any issues raised.
3. Negotiations with all statutory consultees, utilities and services companies
(electricity, gas, water, sewers, network rail etc), the general public and highway
users.
4. Liaison with and provision of information to the CDM Coordinator, including provision
of information for the health and safety file.
5. Attending project progress meetings.
6. Project management services for the S.278 highway works.
7. Carrying out tender procedure; preparation of tender list, sending out tender
documents, tender analysis, preparation of report and recommendation of winning
tenderer.
8. Contractual and financial administration; supervision and inspection of the works
during construction, review and approval of contractual programmes, giving
instructions, measurement and valuation of work, recommending payment, valuation
of additional works/compensation events and resolution of claims.
9. Inspection of the whole of the works at key stages
• Before issue of the Certificate of Start of Warranty Period
• After completion of defects
• At the end of the Warranty Period before the issue of the Certificate of End of
Warranty Period
• Before signing-off fulfilment of the Section 278 Agreement
10. Providing the services of a CDM Coordinator, producing a suitable CDM health and
safety file (S.278 highway works) and issuing this to the relevant asset managers
before completion of the Agreement (where agreed and notified by TSP).
11. Carrying out a Stage 3 Road Safety Audit and resolution of any issues raised.
12. Carrying out a Stage 4 Road Safety Audit and resolution of any issues raised.
This list is not intended to be exhaustive, but is just a list of the main duties and
functions carried out by Lincolnshire County Council in designing and supervising
highway works to be provided under Section 278 Agreements.
Note – actual costs incurred by Lincolnshire County Council for carrying out this
work will be charged to D’s on a quarterly basis, as section 5.0.
APPENDIX E DESIGN CHECKING, INSPECTION AND TESTING Lincolnshire County Council’s role in carrying out design checking of the detailed design,
inspection and testing of highway works accepted to progress the Agreement is as follows;
1. Technical audit of detailed design documentation (drawings, specification, bill of
quantities, contract documents etc. Ensuring that a competent CDM Coordinator is
appointed and consulted at the appropriate stages throughout the Agreement.
2. Ensuring that a civil engineering construction contract is in place. The contract
should be in accordance with Engineering and Construction Contract (NEC 2nd
Edition) in order to comply with the tender documents.
3. Ensuring that a qualified contract administration and a supervision team are in place
in order to undertake the Project Manager and Supervisor duties in accordance with
the contract.
4. Inspecting the works during construction, in order to ensure compliance with the
agreed project-specific specification, Lincolnshire County Council specification and
the Specification for Highway Works.
5. Attending progress meetings.
6. Resolution of any queries by the Designer.
7. Issuing non-conformancy notices.
8. Ensuring that all required Safety Audits are carried out and any issues raised are
addressed to the satisfaction of the LHA.
9. Monitoring testing carried out by Lincs Laboratory.
10. Inspection of the whole of the works at key stages
•
Before issue of the Certificate of Start of Warranty Period
•
After completion of defects
•
At the end of the Warranty Period before the issue of the Certificate of End of
Warranty Period
•
Before signing-off of the Section 278 Agreement
11. Providing the services of a CDM Coordinator, producing a suitable CDM health and
safety file (S.278 highway works) and issuing this to the relevant asset managers
before completion of the Agreement (where agreed and notified in writing by TSP).
As Lincolnshire County Council have no role in the administration of the contract, the
following functions will not be carried out by the Highway Authority.
•
•
•
•
•
Review and approval of contractual programmes
Measurement of the works
Giving instructions (unless required as part of the LHA statutory duties and
functions for the effective management of the highway network)
Valuation of compensation events
Resolution of claims
BEFORE THE WORKS ARE PERMITTED TO START ON SITE: A minimum of 4 calender weeks before the intended start date on site the developer
is required to provide the following information to the Technical Services Partnership
for approval;
1. A Curriculum Vitae and list of qualifications for the proposed Project Manager
and Site Supervisor in accordance with the Engineering and Construction
Contract (NEC 2nd Edition).
This list is not intended to be exhaustive, but is just a list of the main duties and
functions carried out by Lincolnshire County Council in carrying out design
checking, inspecting and testing of highway works to be provided under Section 278
Agreements.
Note – actual costs incurred by Lincolnshire County Council for carrying out this
work will be charged to developers on a quarterly basis, as section 5.0.
APPENDIX F WORKS VALUED AT £25,000 AND UNDER Apart from the section below, the process is as for all other highway works constructed
under a Section 278 Agreement, with the exception that the highway works will be
procured using the NEC Short Conditions of Contract (version 2) and a minimum of
three quotes will be obtained (one of which shall be from the Highways Term
Maintenance Contractor, but not using the Highways Term Contract – this must be a
separate quote). The Developer then chooses his preferred quote.
Exceptions;
1. If TSP declines to carry out the design and supervision or design checking, testing
and inspecting the HD PHO will be informed and they may choose to arrange for
Division to carry out this work in which case the PHO sets up a SAP code using the
process discussed in section 5.
2. If the PHO declines to carry out the design and supervision, or design checking,
testing and inspecting then the PHO will notify the D of this and the D will then be
permitted to employ his own consultant to design and supervise the works, subject to
the requirements of Appendix E, I and K. The consultant must note the following;
•
•
•
•
•
The highway works are to be designed in accordance with HAT 34 DESIGN
STANDARDS FOR USE ON HIGHWAY IMPROVEMENT MAINTENANCE AND
SCHEMES IN LINCOLNSHIRE which can be viewed on the LCC website.
The S.278 highway works will require road safety audits at the appropriate stages
in accordance with requirements of HAT 62.
A full specification in accordance with the requirements of HAT 34 and the Model
Contract Documents for Highway works is required and this will form part of the
technical acceptance and be included in the Licence.
The works are to be procured using NEC Short Conditions of Contract (Version 2).
Before the works will be permitted to start on site the D will be required to provide
suitable documentary evidence to the PHO to confirm that a contract is in place
and that the appropriate level of site supervision by professional site staff has
been arranged.
Upon acceptance of the detailed design the D will send 10 copies of the drawings,
together with a schedule of the drawings, and all the other information required, to
the PHO.
3. The D will be allowed to use his preferred contractor subject to receipt of approval
from the Contracts and Tendering Officer, who will arrange for the following to be
checked;
• Adequate Public Liability Insurance cover.
• Previous work in the County (with no problems, as evidenced by 2 references).
• Health and Safety Policy – to be approved (by Mouchel safety advisor). On
return, the Health and Safety documentation will be forwarded to the Mouchel
Safety Advisor, whose comments will be passed to TSP Consultancy Manager
for final approval. Rejections must be reasonable and will be supported by a full
explanation.
• Where no contractor is proposed, or they are unsuitable, the D will asked to
contact the Contracts and Tendering Officer, to choose a contractor from the
Authority’s Standing List of Contractors.
4. The D arranges the works pre-start meeting (Appendix P).
5. HD arranges for the works to be inspected and tested – fees to be reclaimed from
the H7F… SAP code.
6. Before the Warranty Period will be allowed to start and a proportion of the Bond
released the D is to organise and pay for a Stage 3 Road Safety Audit through
LRSP, contact 01522 805800, provide a Design Team Response and address any
issues raised to the satisfaction of LHA.
7. At the end of the Warranty Period the developer is to arrange and pay for a Stage 4
safety audit through LRSP, contact 01522 805800, provide a Design Team
Response and address any issues raised to the satisfaction of LHA. Following this
the D is to notify LHA and an inspection of the works will be arranged. Any defects
or unfinished work will be notified to the developer and this will need to be completed
at the D’s expense.
8. Before the works are adopted and the bond released the D will also be required to
provide a suitable CDM health and safety file to LHA, as per the requirements of
Appendix S.
APPENDIX G
FINANCIAL PROCEDURE
1. The SPL/PHO will complete a Section 278 Agreements – TSP Requisition Form
(Appendix H) and forward to the Senior Support Officer in TSP who will arrange for
all costs associated with progressing an Agreement to be allocated to the SAP code,
(H7F….). (When the costs incurred by Lincolnshire Council reach the level of the upfront fee the D will be invoiced in arrears on a quarterly basis).
2. All fees received will be required to be allocated to this code apart from the following;
Administration fee - which is to be allocated to the APG appropriate budget, Legal
Services fee - which is to be allocated to LS budgets, approval of contractor not on
the Standing List - and Tender process which are to be allocated to the Business
Support Section appropriate budget(s).
3. Where there is a significant delay in reaching issue of the Licence, i.e. 6 calendar
months from signing of the Agreement, or the issue of Licence is not completed the
SPL will ensure that all costs incurred by the Council in progressing the S.278 are
recovered from the Developer and then put the project on hold.
4. For work to restart work the D will be notified that they must provide a written request
on their letter headed paper and reaffirm their commitment to pay all fees, charges,
additional or abortive costs the LHA may incur in progressing the S.278. Upon
receipt of this the SPL will then carry out a review of the project and make an
assessment of any additional/abortive costs and initiate a change control in
accordance with current TSP Quality Management System procedures.
5. Fees for design and supervision covers the activities as listed in the letter in
Appendix A and in Appendix D. Design checking, testing and inspection are as
those listed in Appendix A and E.
6. Where there is a commuted maintenance sum(s), Mouchel Business Services –
Accountancy Services (MBSAS) are to be notified by APG, and the process in HAT
40 ‘Commuted Sums for Maintenance’ shall be followed.
7. On small schemes (value below £25,000), the HD may wish to carry out the design
checking, testing and inspection. In these instances, they should contact TSP
Senior Support Officer to obtain a SAP code to which their time should be allocated
and they should implement suitable measures to record all time spent, as discussed
in section 5.0
8. Regular monitoring of all S.278 accounts will be carried out by TSP.
9. Where a D wishes to deposit a cash Bond, APG will contact the Council’s Treasurer
who will arrange for the money to be placed in an interest bearing account where the
Bond money shall remain (subject to the usual reductions) until the completion of the
scheme, including the Warranty Period. When it is finally released, the D shall be
paid all the interest accrued, this is arranged between APG and the Council’s
Treasurer.
10. Where a Part 1 claim has been made the procedure in Appendix R is followed.
APPENDIX H
TSP SECTION 278 AGREEMENTS PROJECT INITIATION/REQUISITION FORM
To:
From:
Name:
TSP/Division:
Parish:
Route:
Site Location:
Proposed Works:
Developer:
Contractor:
Works Required (complete relevant boxes):
TSP Expected Expenditure / Expected Fee Income
1. Allocation of SAP Internal Order Code:
H7F
2. Prepare Initial Estimate of Bond
Completion Date:
£
CATS Reference:
3. Prepare Scheme Layout for
Planning Permission
£
Completion Date:
4. Detailed Design including Stage
2 Safety Audit and Detailed
Estimate for Bond
Completion Date:
CATS Reference:
£
CATS Reference:
5. Tender and Site Supervision
Completion Date:
£
CATS Reference:
6. Checking of Developer’s Design
£
Completion Date:
CATS Reference:
7. Inspection and Testing of
Developer’s Site
Completion Date:
£
CATS Reference:
8. Project Management
£
Completion Date:
CATS Reference:
Lead Design
Engineer
Comments:
(e.g. associated
S38
works, old scheme
resurrected)
Signed:
Date:
APPENDIX I
APPROVAL OF CONSULTANTS
The information requested below will need to be provided to the LHA in a suitable format before
the D appoints a consultant to design and supervise the Section 278 Agreement highway works.
The level of information needed will depend on whether or not the intended consultant has
previously worked on a project of similar scope, complexity, financial value and location in
Lincolnshire and the Highway Authority’s satisfaction with that performance. If the consultant has
more than one office then details of each/all offices that will be carrying out the work will be
needed.
Company Information
•
•
•
•
•
•
•
•
Company name
Head office address, telephone and fax numbers
Website address
Contact details of personnel who will be working on the project (telephone number and
email address)
Brief description of company business
Statement of company’s ability to carry out the design and supervision of the works
(manpower and resources available)
Details of quality management systems and any assurance certification
Curriculum Vitae of staff who will be carrying out the design and supervision of the work
Previous Design and Supervision Work Over the Preceding Five Years
For each project please give the following information (a minimum of three projects will be
needed):
• Title and date when carried out
• Brief description
• Total cost of the project, including works construction cost and fees, excluding any
contingency sums
• Name and address of Client
• Name, address and position of a responsible person currently employed by the
organisation/Highway Authority from whom a reference may be requested
APPENDIX J
APPROVAL OF CDM COORDINATOR
The following information requested below will need to be provided to the LHA in a suitable format
before the developer appoints a CDMC to manage health and safety during the S.278 Agreement.
The level of information needed will depend on whether or not the intended CDMC has previously
worked on a project of similar scope, complexity, financial value and location in Lincolnshire and
the LHA’s satisfaction with that performance. If the CDMC has more than one office then details of
each/all offices that will be carrying out this role will be needed.
Company Information
•
•
•
•
•
•
•
•
Company name
Head office address, telephone and fax numbers
Website address
Contact details of personnel who will be carrying out the CDMC role (telephone number and
email address)
Brief description of company business
Statement of company’s ability to carry out the CDMC role (manpower and resources
available)
Details of quality management systems and any assurance certification
Curriculum Vitae of staff who will be carrying out the CDMC role
Previous Experience of Carrying Out the Planning Supervisor/CDMC Role Over the
Preceding Five Years
For each project please give the following information (a minimum of three projects will be
needed):
• Title and date when carried out
• Brief description
• Total cost of the project, including works construction cost and fees, excluding any
contingency sums
• Name and address of Client
• Name, address and position of a responsible person currently employed by the
organisation/Highway Authority from whom a reference may be requested
For guidance CDM co-ordinators need:
• good interpersonal skills in order to encourage co-operation without being over-bureaucratic
• a sound understanding of health and safety in construction work
• a sound understanding of the design process
• to understand the importance of co-ordination of the design process
• an ability to identify information which others will need to know about the design in order to
carry out their work safely
• an understanding of relevant aspects of the client's business and the implications of the
proposed work for it
APPENDIX K
DESIGN GUIDANCE NOTES
Generally
¾ Design
: To be in accordance with the Highways and Traffic
Guidance Note 34 - Design Standards for use on Highway
Improvement
and
Maintenance
Schemes
within
Lincolnshire (HAT 34).
¾ Conditions of Contract
: The Engineering and Construction Contract (NEC 2) as
amended by Manual of Contract Documents for Highway
Works
¾ Documents
: As required in HAT 34, e.g. the Manual of Contract
Documents for Highway Works, Specification for Highways
Works, Volume 1, unless any changes are agreed with the
LHA.
Note: As a guide Developers should allow a minimum of 2 calendar months for the
technical audit and acceptance of highway designs, by the LHA, associated with
developments. This is however dependant upon the scope, complexity, value and location
of the works on the highway network and the D providing suitable information in a timely
manner.
Feasibility/Preliminary Design Stage
The level of detail required for consideration will depend on the scope, complexity, value and
location of the proposed works. To avoid any future potential abortive design D’s are to provide
what is requested by the LHA from the list below, together with any other supporting drawings,
documents and calculations. This is so the proposed works and principles of the design can be
assessed before the detail design is progressed.
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Brief description of development/intended works
Suitable scale drawing (1:2500, 1:1250, 1:500) showing highway boundaries and expected
land take
Longitudinal Section of centre line, showing k values and vertical curves
Any anticipated or known design constraints e.g. Traffic Regulation Orders, Tree
Preservation Orders, Services/Statutory Undertakers, land issues
Any anticipated or known relaxation or departure from standards needed
Selection of design speed for each highway link
Proposed highway width (justification of selected carriageway width with appropriate traffic
flows)
Proposed junction type (justification of selected junction with traffic flows, turning
movements)
Proposed type of drainage with outfall details
Information on any structures required
Solutions to any issues identified through any Transport Assessment and Travel Plan, e.g.
public transport infrastructure, traffic calming, pedestrian requirements
Cyclist and pedestrian facilities/strategy
Intended method of dealing with existing Rights of Way
Any special materials, e.g. required in conservation areas, street furniture
Stage 1 safety audit, if available
Environmental Assessments
Accommodation works
Traffic Flows and speeds (AADT – Annual Average Daily Traffic Flows and 85th percentile
traffic speed)
•
•
•
Safety fence requirements
Noise barrier requirements
Any other site specific information
Detail Design Stage
The level of detail required for consideration will depend on the scope, complexity, value and
location of the proposed works. To avoid any future potential abortive design D’s are to provide
what is requested by the LHA from the list below, together with any other supporting drawings,
documents and calculations. This is so the detail of the proposed works can be assessed
efficiently.
General Requirements:
• 1:1250 plan showing extent of the scheme in relation to the existing road network and
surrounding area. (A drawing with a different scale may be used to suit the scope, nature or
size of the scheme).
• If not provided at the preliminary design stage all information needed for a preliminary design
check will be required.
• Details of what guidance has been used to prepare the design, requirements of HAT 34.
• A 3D topographical survey of the site will be required, containing existing level information.
Detailed Design Drawings:
• 1:500/1:200 scale layout plan/drawings showing;
• General arrangement and site location plan, showing extent of site, temporary accesses,
details at tie-ins to existing highway etc.
• Site clearance details, including a key of items to be removed and any necessary schedules
etc
• Fencing and environmental barriers; plan, construction and foundation details etc
• Safety fencing; plan, construction and foundation details etc
• Drainage layout; showing existing and proposed, pipe runs, manhole and gully positions,
pipe size, pipe gradients, pipe diameter, outfall details, backfill details, unique numbering of
pipes/gullies and chambers and a full drainage schedule. Pipes intended to be adopted
should be annotated
• Earthworks details, embankment/cutting construction, verge treatments etc
• Carriageway and footway construction details indicating areas of different types of
construction, areas of planing/inlay/overlay and reconstruction. Evidence of adequacy of
construction (cores of existing construction/pavement calculations), construction detail at
interface of existing and new works, trench reinstatements etc
• Kerbing, edging and channel details; different types to be shown, including areas of overbreak and reinstatement of surrounding carriageway and footway construction etc
• Traffic signs positions and road markings; including schedules of new traffic signs and road
markings to an end product specification
• Landscaping proposals
• Road lighting, illuminated signs and illuminated street furniture positions
• Electrical works; ducts, service chambers, underground cables, position of feeder pillars and
schematic cable diagrams etc
• Structures position and orientation
• Services/statutory undertakers (showing existing and any proposed alterations/protection
measures/diversions etc with estimated costs)
• Appropriate cross and longitudinal sections (showing existing and proposed)
• Miscellaneous details
• Plans showing swept turning paths/vehicular movements of appropriate vehicles around
proposed highway scheme
• Accommodation works; details of alterations to fencing, accesses, driveways etc including
details of consultations and agreement with landowner
•
•
•
•
Coloured plan showing full limits of Section 278 Agreement Works, inclusive of suitable
working space and land to be dedicated for highway purposes (Limits bounded in a thick red
line and land to be conveyed shaded blue)
Layouts showing any easements or way-leaves required for future maintenance purposes
Temporary traffic management measures, road closures and diversion routes
Land transfer drawings and schedules
Vertical Design:
• Sections provided should have suitable exaggerated vertical scales
• Cross sections indicating existing and proposed levels and profile
• Longitudinal sections showing proposed centreline and channels in relation to existing levels,
with proposed gradients, k values for sag and crest curves and a horizontal schematic
indicating curve radii, transitions, gradient etc
• Boundaries of sections
• Contour drawings showing flow arrows
Junction Design:
Priority Junctions –
• 1:500/1:200 scale layout plan/drawings, using a topographical survey of the site, showing
proposed spot levels, channels, crown lines and contours
• Design checklist to ensure geometric compliance with design standard agreed with LCC, e.g.
DMRB (Vol.6) TD 42 – Geometric Design of Major/Minor Priority Junctions and TD 41 –
Geometric Design of Vehicular access to All-Purpose Trunk Roads (where appropriate)
• Traffic Turning flow data for existing, generated and forecast situations for morning and
evening peak periods
• Traffic reserve capacity calculations for the AM and PM peak periods using the latest version
of PICADY
• Justification of the chosen specific layout
• Junction layouts will need to include suitable routes for pedestrians and cyclists as required
Roundabouts –
• 1:500/1:200 scale layout plan/drawings, using a topographical survey of the site, showing
proposed spot levels, channels, crown lines and contours
• Design checklist to ensure geometric compliance with design standard agreed with LCC, e.g.
DMRB (Vol.6) TD 16 – Geometric Design of Roundabouts, or TD 54 – Design of Mini
Roundabouts
• Traffic Turning flow data for existing, generated and forecast situations for morning and
evening peak periods
• Traffic reserve capacity calculations for the AM and PM peak periods using the latest version
of ARCADY
• Drawings showing deflection and visibility
• Roundabout layouts will need to include suitable routes and segregation for pedestrians and
cyclists as required
Traffic Signal Junctions –
• 1:500/1:200 scale layout plan/drawings, using a topographical survey of the site, showing
signal heads, pole position, feeder pillar, control box, ducting layouts etc
• Design checklist to ensure geometric compliance with design standard agreed with the LHA,
e.g. DMRB (Vol.6) TD 50 – The Geometric Layout of Signal Controlled Junctions and
Signalised Roundabouts
• Traffic Turning flow data for existing, generated and forecast situations for morning and
evening peak periods
• Traffic reserve capacity calculations for the AM and PM peak periods using the latest version
of LINSIG or TRANSYT (where appropriate)
Pedestrian Crossing Facility:
•
1:500/1:200 scale layout plan/drawings, using a topographical survey of the site, showing
signal heads, pole position, feeder pillar, control box, ducting layouts etc
• Design checklist to ensure compliance with design standard agreed with LCC or the
following standards/guidance;
Traffic Advisory leaflet – 1/02 The Installation of Puffin Crossings
Traffic Advisory leaflet – 04/98 Toucan Crossing Development
Traffic Advisory leaflet – 10/93 “Toucan” An unsegregated Crossing for Pedestrians and Cyclists
Statutory Instruments – 1997 No.2400 – Road Traffic – The Zebra, Pelican and Puffin Pedestrian
Crossing Regulations & General Directions 1997
Local Transport Note 2/95 – The Design of Pedestrian Crossings
Design Manual for Roads and Bridges (DMRB) Vol. 8 – TA 05/05
DMRB Vol. 6 – TA 86 Layout at Large Signal Controlled Crossings
DMRB Vol. 8 – TD 35 –MOVA Traffic Control
DMRB Vol. 8 – TA 12 Signals on High Speed Roads
DMRB Vol. 8 – TA 16 General Principles of Control by Signals
DMRB Vol. 8 – TA 68 – Assessment & Design of Pedestrian Crossings
Drainage Design:
• Drainage/hydraulic design calculations will be needed, calculations/data for gully spacings,
discharge calculation at outfalls etc
• Details of chamber sizing and invert – full drainage schedule showing chamber type, unique
numbering, cover level, invert level etc
• Details of any attenuation, retention storage with supporting calculations and information on
any mechanical items, e.g. hydrobrakes or pumps
• Details of pipe depth, cover, backfill details etc
• Details of any petrol interceptors
• Contour plans showing existing and proposed will also be required
• In situations where any proposed highway drainage is expected to be located on/in land
outside of the highway limits, which is not to be dedicated then an easement will be required
for the its future maintenance
• SUDS the level of detail required will be subject to discussion and agreement of Lincolnshire
County Council
• Proof of consent to discharge
• S.104 Agreement
Statutory Undertakers/Utilities and Services:
• 1:1000/1:500/1:200 scale layout plan/drawings showing horizontal layout of existing services
and,
where
necessary/requested,
longitudinal
sections
together
with
alteration/protection/diversion proposals and costings
Landscaping:
• Information on planting strategy
• Drawing showing planting areas, plant species, planting density and planting specifications
• Information on preparation works and soil types to be used
• Details of future maintenance regime and costings
Traffic Management:
• If a road closure is required during the construction phase details of suitable diversion routes
for both local, freight transport and public service vehicles will be needed (where
appropriate), with suitable drawings showing temporary signing layouts
Structures:
• Guidance on LHA’s requirements for the design and construction of highway structures (those
over 600mm clear span or retained height) are provided in the LCC document Small Highway
Structures Design Guide.
• The promoter must be aware of the requirement to obtain the appropriate Technical Approval
for the structure in advance of construction. The certification required is dependant upon the
type of structure, and may include the need for a Design Certificate, Check Certificate and
Approval In Principal document. The TAA in these matters will be TSP.
• Independent of the formal Technical Approval process the approval of all calculations, drawings,
details, and specifications relevant to the structure by TSP Structures Section will be necessary
prior to work commencing on site.
• On completion of the works (and prior to adoption), a Health And Safety file in accordance with
the Construction (Design And Management) Regulations 2007 will be required for any adopted
structures. This must include:
o An ‘as-built’ General Arrangement drawing.
o Detailed ‘as-built’ drawings showing dimensions, levels, earthworks, foundations,
drainage and service ducts, materials, finishes, parapet, safety barriers etc.
o Reinforcement ‘as-built’ drawings and schedules showing cover to steel.
o Geotechnical information (including borehole logs) and both factual and interpretive
ground investigation information.
Representatives of TSP Structures Section will wish to test and inspect the works during the
construction to satisfy themselves as to the quality and durability of any structure offered for
adoption. The requirements for key stage inspections must be obtained from TSP Structures
Section in advance of construction commencing. The failure to obtain these inspections may
result in a refusal to adopt the structure or the payment of a significantly increased commuted sum.
Buildability and Future Maintenance – The design will be subjected to a buildability and future maintenance test; • Does it allow for the contractor’s input?
• Evidence will be requested that construction issues have been resolved in the design, e.g.
standard kerb radii used to reduce the need for manual cutting, manholes and pipes
positioned out of the carriageway or close to channel lines
Construction Design and Management Regulations:
• All risk assessments and pre-construction information will be required
• Where projects are notifiable provide a copy of the issued F10 form
Other Required Supporting Information:
• Traffic Flows
• Carriageway construction design calculation
• Drawings showing movements/tracks/vehicular manoeuvres of design vehicles at
appropriate locations
• Street lighting design calculations
• Underground cable calculations and details of protective devices
• Sign schedules
• CCTV videos of any existing drainage used as connection/outfall
• Stage 2 Safety audit report, design team response and recommendations where appropriate
•
LCC standard details drawings are to be used in all cases, except where the agreed design
standard permits the use of other details drawings. These are available on the LCC
website.
Note - In all cases current standards are to be used at the time designs are prepared.
APPENDIX L
SECTION 278 PROCEDURE
APPENDIX M
CALCULATION OF BOND SUM (SURETY)
Bond or Cash Deposit Sum (Surety):
1. The aim of the Bond is to safeguard the LHA’s interest should the D default, i.e. if the D should
become insolvent or refuse to complete the S.278 works then the LHA needs to ensure that
sufficient financial protection is in place to permit it to either;
a. Reinstate the highway to its former condition before the S.278 works started on site, or
b. Complete the S.278 works.
(Dependant upon the stage of the development and the highway works)
VAT – Whilst public works are subject to VAT at the current rate the LHA has decided NOT to
include this in S.278 surety sums required from D’s. However persons using this procedure are
required to verify this information with the Council’s Corporate Finance Section before the Licence
(Second Stage) is issued.
Procedure for Calculation of Bond or Cash Deposit Sum (Surety):
1. In all cases the cost of the works is to be calculated using the latest schedules provided by the
LHA’s Highways Term Maintenance Contractor and this is to be compared against the
quote/tender sum chosen by the D. The higher of these sums is then to be selected and the
total cost of the works calculated ensuring all associated costs are included, e.g. costs for
services alterations, land acquisition, accommodation works, Traffic Regulation Orders
(permanent or temporary, e.g. for any required temporary road closures/speed reductions etc),
third party fees etc. To this total the following is then added;
2. 5% for contract administration (site supervision / inspection / testing etc)
3. 1% for Health & Safety duties under the CDM Regulations (e.g. client/designer duties (HSE
notification / production of as-built drawings / health and safety file etc)
4. 5% for general administration and legal
5. 5% for a contingency sum
6. Total 116% of the calculated cost of the whole of the works total as a minimum figure,
and in accordance with the notes below.
Notes:
A. If a commuted sum(s) is required under the Agreement (for future maintenance
purposes, or the running of a highways asset - in accordance with LHA policy –
HAT 40); in cases where the D should not pay the commuted sum before issue of
the Licence, the total value of the commuted sum(s) is to be included in the total
of the Bond sum above. The 16% additional cost, should not however be
applied to the commuted sum(s) part of the Bond value.
B. Should the D advise of difficulty in obtaining a performance bond from a
bondsman due to the requirement for the bond to be indexed linked, i.e. the need
for the bond sum to be increased in accordance with the rate of inflation (the RPI
value), the LHA may offer to relax this requirement subject to the following; where
the cost of the whole of the works is expected to be below £50,000 then the
original value of the bond sum will be increased at the current rate of inflation
(RPI value to be obtained from http://www.statistics.gov.uk/cci/nugget.asp?id=19)
to allow for increases in this value over a period of 2 consecutive years. In cases
where the cost of the whole of the works is expected to exceed £50,000 then the
bond sum will be subject to 5 years worth of RPI increases.
The D is to be advised that these requirements are non-negotiable.
APPENDIX N INSTRUCTION TO PREPARE A SECTION 278 AGREEMENT Location of highway works:………………....................................................................................................
File number 278/……………..............
Name & address of Developer:
Name & address of Landowner:
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________
Name & address of Bondsman (or is the Bond
be a cash deposit?):
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________
Name & address of Solicitor:
Details of Planning Application (attach copy of application form LCP1)
Planning Authority:_____________________________________ County / District / Borough Council:
Application number:_______________________
Date of Application:_____________________________
Parish:__________________________________
Has planning permission been granted?
Yes / No
Details of Section 278 Works
Name of road: _____________________________________________Road number:_______________________
Scheme drawing number(s):____________________________________________________________________
(9 copies of scheme layout and 9 copies of Site Location Plan required)
(12 copies required if there is land to be dedicated)
Bond figure:_____________________________
Are the works to be designed by TSP?
Date of Bond calculation:_________________________
Yes / No
Design contact__________________________
Are TSP/Division to supervise the works or inspect and test? (If known)______________________________
Is the estimated value of the works above or below £50,000?
Required up front fee (£2,000 or £5,000)_______________________________________ Is there any land dedication? Yes / No (Plan showing land to be dedicated coloured blue attached) Are there any commuted sums required by HAT 40? Yes / No If yes, what for and how much?:_____________________________
_______________________________________________________________________________________________
PTO FIRST SCHEDULE TO THE AGREEMENT Description of the works:_________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
General items of the works (amend / add to / delete as appropriate)
Construction of new sections of carriageways including junctions, traffic signals and bridge works
a) Widening of and tying into existing carriageways and footways
b) Strengthening and overlay of existing carriageway and/or footway
c) Provision and installation of new kerbs and footways
d) Alterations to existing highway drainage systems
e) Provision of new highway drainage systems
f) Taking down and re-erecting existing street lighting columns, street furniture and traffic signs
including electrical connections
g) Provision and erection of new street lighting columns, street furniture and traffic signs including
electrical connections
h) Excavations top soiling and seeding and making good damage caused to existing footways
carriageway verges and landscaping (including in relation to landscaping the replacement of any
semi-mature trees affected except insofar as the same would be inconsistent with any new scheme
of highway landscaping provided as part of the works)
i) Alterations to carriageway markings and linings and the provision of new carriageway markings and
linings
j) Temporary traffic management measures including traffic controls and diversions
k) Statutory Undertakers diversion works including any associated ancillary works and any works
carried out in accordance with the provisions of paragraph 9 of the (Second) Schedule l) Provision where necessary of cycle lanes/cycle ways Is there a provisional start date for the works?
when?____________________________________
Yes / No
If Yes,
Additional items/notes:__________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
TSP Contact Details:………………………………………….Division Contact Details:…………………………….
Any other comments?
Signed:_____________________________________________ Date:______________________________
APPENDIX O APPROVAL OF CONTRACTORS NOT ON THE STANDING LIST Procedure Where Developers Request to Use a Contractor NOT on the Standing List
1. Where a contractor is proposed who is not on the Standing List, then the SPL, or PHO shall
request the D contact the Contract and Tendering Officer in the Business Support section of
the LHA, or refer the matter direct to them, who will then send the contractor the following:
• A checklist in respect of Health and Safety/CDM.
• A schedule to be completed, with details of three comparable contracts completed within
the last 2 years.
• Three copies of the LHA Contractor Performance Report Form in order for the contractor to
obtain references from other Highway Authorities.
2. On return, the Contract and Tendering Officer will forward the Health and Safety documentation
to the LHA Safety Advisor whose comments will be passed to TSP Consultancy Manager for
final approval. Any rejections will be reasonable and be supported by a full explanation.
3. The final decision, along with the documentation, will be returned to the Contract and
Tendering Officer in the Business Support section who will notify the contractor. If approved,
the contractor will be advised that the approval applies to the specific Section 278 works
only and is for a limited time period. The D will be charged a fee of £250 for approval of
any contractor not on the LHA’s Standing List.
4. Should the same contractor be nominated for further S.278 works, this procedure is repeated
and a separate reference will be requested from TSP as to the recent past performance of this
contractor. The above fee will also be chargeable to the D as any previous approval of a
contractor not on the standing list is site specific.
APPENDIX P
INFORMATION REQUIRED FROM CONTRACTORS
The information requested below will need to be provided to the LHA in a suitable format
15 working days before the intended start date of the proposed works on site. The level of detail
of the information needed will depend on the scope, complexity, financial value and the location of
the proposed works.
• Start date (Note - this must be in accordance with NRSWA notices and TMA road
space booking requirements).
• Detailed Programme of works, listing; activities, durations, dates, milestones etc.
• Method Statement (Note - limestone aggregate is not permitted on temporary running
surfaces).
• Drawing showing detailed traffic management proposals.
• Signing layout for any diversion routes. Note - any temporary road closures will require
application to the LHA HD (a minimum of 12 weeks notice is needed).
• Names of supervisory personnel to whom instructions may be given.
• 24 hour emergency phone no’s (at least 2 are required.)
• Details of public liability insurance.
• Details of Sub-Contractors / materials suppliers.
• Details of routing of construction traffic.
• Details of site compound and access.
• Confirmation of consultations with police, passenger transport operators, and public relations work with affected residents and businesses. • Details of licensed tips operators for disposal of surplus materials
• Details of supervisory personnel registration with the Construction Skills Certification Scheme • Details of the Contractors registration with the Considerate Contractors Scheme (where
applicable).
• CDM Construction Phase Safety Plan.
• For projects with works value costing over £300,000 the Site Waste Management Plan
Works Pre-Start Meeting:
Representatives from:
• LHA TSP (SPL and Design team representative)
• LHA HD (PHO and the Area Manager)
• Developer
• Developer’s Consultant/Site Supervisory staff – where applicable
• Contractor
• Emergency Services - if appropriate
Agenda Items/Matters to be considered:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Introductions, role of parties to the Agreement and site representatives
Confirm if Agreement Licence and Bond are in place and fees paid
Confirm if the contract for the works is in place
Confirm if any necessary permanent/temporary Traffic Regulation Orders, consents, wayleaves or easements are in place (where appropriate) Contract Administration (where appropriate)
Contract Supervision, daytime and out of hours contact telephone numbers
Contractors insurances
Approved documents and drawings
Structures
10. Site investigation/geotechnical reports
11. Special requirements or constraints
12. Consultation/Liaison with local community, advance signing and noticing requirements
13. Works commencement date
14. Programme of works
15. Site working; days of the week/hours/times etc
16. Method of working
17. Temporary traffic management arrangements, including approvals for temporary traffic
signals, road closures and traffic diversion routes
18. NRWSA/Services matters/special conditions (where appropriate)
19. Setting-out; agreement of control points, procedures, level control, highway boundaries and
visibility splays
20. Sub-contractors; nominations and approvals (where appropriate)
21. Materials Suppliers and testing arrangements
22. Valuation (where appropriate)
23. Site accesses/egresses, specified construction traffic routes, site accommodation and
materials storage areas
24. Health and Safety; CDM Regulations, HSE notification, CDM Co-ordinator, Construction
Phase Health and Safety Plan, method statements, Health and Safety File, Client duties etc
25. LCC Inspection and notification of stages of construction (where appropriate)
26. Existing Rights of Way
27. Existing water courses
28. Approval of proposed direction signing
29. Permissions and Licences, off site tips, planning permission for borrow pits (where
appropriate)
30. Interested Parties, landowners, accommodation works, adjacent landowners, councils,
emergency services, transport operators etc
31. Noise and Vibration Levels
32. Mud, materials and equipment on the highway
33. Street Lighting, connections, test certificates
34. Protection of existing trees, hedgerows, wildlife and items to be retained
35. Future maintenance requirements, as-built drawings
36. Any other business
APPENDIX Q
PROCEDURE FOR COMPLETION OF THE AGREEMENT
1. Where TSP act as the Project Manager and Site Supervisor, they supervise the
construction works on behalf of the D whilst ensuring that the works meet the requirements
of the LHA. Compensation events exceeding the limit stated in the Agreement cannot be
issued without reference to the D.
2.
Although TSP can, on behalf of the D, obtain quotes from the Statutory Undertakers, only
the D can place orders for any such works.
3. Where TSP decide to carry out an inspection and testing role, they will not issue any
instructions to the contractor, except in cases involving safety matters.
All
requests/instructions will be made to the developer's Supervisory staff, except where
requests made direct to Lincs Lab for samples and tests. (The costs of which are included
in the inspection and testing fee).
4.
For all schemes (regardless of who has designed them) a pre-start meeting will be held with
the developer, (and his designer), the contractor, the PHO, the Area Highway Manager (or
his delegate) and TSP. Minutes of the meeting will be prepared by using the standard
agenda.
5.
Upon completion of the works, and before the issue of the Certificate of End of Warranty
Period, TSP shall arrange a meeting with the Area Highways Manager or his delegate to
agree the works are complete and ensure that a Stage 3 and Stage 4 Safety Audit have
been carried out.
6. TSP SPL or PHO authorise the issue of the relevant Certificate of End of Warranty Period,
(subject to the Stage 3 and Stage 4 Safety Audits being done, all issues raised in this are to
be completed by the D, and a suitable CDM health and safety file delivered to the LHA, at
the D’s expense), and this is sent by APG who arrange for the Bonds to be reduced as
necessary (copies of all such correspondence to both the SPL and PHO). This is usually to
10% (or a figure sufficient to cover any defects or unfinished works). APG will, where
appropriate, check with the Traffic Signals Section that all signals works charges have been
paid, before reducing the Bond.
7. Upon commencement of the Warranty Period, APG will arrange for the land to be
dedicated to be recorded and the scheme will be plotted on the GIS system.
8. APG will ensure that a reminder is sent to TSP for the final inspection 15 months after the
commencement of the Warranty Period.
9.
Before authorising the issue of the Certificate of End of Warranty Period, TSP should
arrange a meeting with HD Area Highways Manager to agree that the works are acceptable,
ensuring that any points raised in the Safety Audits have been addressed, including
exception reports.
10. Upon confirmation from TSP that all defects, unfinished works are complete, APG will
issue the Certificate of End of Warranty Period (Appendix U) and cancel the Bond, subject
to all fees, costs, charges and commuted sums being paid by the D.
11. Should the D fail to complete any of his obligations under the Agreement, the SPL, or PHO
will arrange for the Bond to be called in and used to pay for the costs associated with
completing the Agreement.
APPENDIX R
LAND COMPENSATION ACT - PART 1 CLAIMS
1. If a claim is received, the SPL, or PHO, will forward it to the Head of APG, who will assess
its reasonableness and inform the D of such claims.
2. If the D wishes to refute the claim the Head of APG will discuss with LS to agree the best
way forward.
3. If a claim is to be investigated the Head of APG will forward it to MBSAS for them to
investigate.
4. The D will be given a period of 14-28 days to agree payment.
5. If the D disputes the costs, the matter is to be referred to LS, by the Head of APG, for
advice, as how to proceed.
APPENDIX S CONSTRUCTION DESIGN AND MANAGEMENT REGULATIONS 2007 The Developer is the Client under the CDM Regulations and has the following duties and
responsibilities;
Client’s Duties
For all projects, Clients must make sure that
• Designers, contractors and other team members that they propose to engage are
competent (or work under the supervision of a competent person), are adequately
resourced and appointed early enough for the work they have to do;
• They allow sufficient time for each stage of the project, from concept onwards;
• They cooperate with others concerned in the project as is necessary to allow other duty
holders to comply with their duties under the regulations;
• They coordinate their own work with others involved with the project in order to ensure
the safety of those carrying out the construction work, and others who may be affected
by it;
• There are reasonable management arrangements in place throughout the project to
ensure that the construction work can be carried out, so far as is reasonably
practicable, safely and without risk to health.;
• Contractors have made arrangements for suitable welfare facilities to be provided from
the start and throughout the construction phase;
• Any fixed workplaces (e.g. offices, shops, factories, schools) which are to be
constructed will comply, in respect of their design and the materials used, with any
requirements of the Workplace (Health Safety and Welfare) regulations 1992;
• Relevant information likely to be needed by designers, contractors or others to plan and
manage their work is passed promptly to them.
For notifiable projects (where the Construction Phase is longer than 30 working days or 500
person days), in addition to the duties set out above, clients must:
• Appoint a competent CDM Co-ordinator, as Appendix J, in this document, to advise and
assist with their duties and to co-ordinate the arrangements for health and safety during
the planning phase;
• Promptly provide the CDM Co-ordinator with stipulated information;
• Sign the notification of project to the health and safety Executive which the CDM Coordinator is duty bound to issue.
• Appoint a Principal Contractor to plan and manage the construction work – preferably
early enough for them to work with the designer on issues relating to buildability,
usability and maintainability;
• Ensure that the construction phase does not start until the Principal Contractor has
prepared a suitable health and safety plan and made arrangements for suitable welfare
facilities to be present from the start of the work;
• Ensure that the health and safety file prepared by the CDM Co-ordinator and issued to
them at the end of the construction phase, this is kept up to date and kept available for
inspection by persons involved in any future construction work;
• Ensure that the health and safety file is passed on to any new owner of the structure
concerned.
In the case of notifiable projects the Regulations require that you appoint a CDM Coordinator prior to commencement of design.
Construction Phase Plan
The principal contractor is required to prepare a "sufficiently developed" Construction Phase Plan
prior to construction commencement, with the client responsible for ensuring that it is "sufficiently
developed". The CDM co-ordinator will assist the client in achieving this obligation, which will
mean that the CDM co-ordinator will review the Construction Phase Plan. The principal contractor
is then responsible for monitoring the performance of the Plan and revising the Plan as often as
necessary to reflect the site, project, structures and work about to be performed.
The Health and Safety File (LHA Requirements)
The works Health and Safety (H&S) File is a record, in accessible form, that alerts those who will
be responsible for a structure after handover to significant and unusual residual risks that have
been created or controlled by the work. The inclusion is so that those who need to subsequently
maintain, repair, renovate or demolish the structure can have access to and be aware of these
risks at this location.
All sections are mandatory but the content of each may vary and in some cases the section may
be marked ‘Not applicable’. It is also acceptable to add extra information if necessary – particularly
and historic information as may be discovered and deemed appropriate. Wherever practicable,
the additional information should by included in, or appended to, the sections shown below. This
will significantly aid integrating the Works H&S File information into the Location H&S File, held by
the Client.
In some situations where the work is like for like replacement, there may be no changes to the
information held in the Location H&S File. In these cases, the CDM Coordinator may make a
written declaration to this effect and has no need to complete a Works H&S File. Where the works
covers more than one Location, a separate sub-section Works file must be produced for each
Location, even though a lot of the information may be duplicated. The Works H&S File should
contain:
Note: As much information as practicable should be recorded on the as-built drawings for
the works.
For the majority of projects carried out by TSP, as-built drawings will be used to record the details
required by a Health and safety file.
Extract from ACOP
The contents of the health and safety file
263
When putting together the health and safety file, you should consider including information
about each of the following where they are relevant to the health and safety of any future
construction work. The level of detail should allow the likely risks to be identified and
addressed by those carrying out the work:
a) b) a brief description of the work carried out;
any residual hazards which remain and how they have been dealt with (for example surveys
or other information concerning asbestos; contaminated land; water bearing strata; buried
services etc);
key structural principles (for example, bracing, sources of substantial stored energy including pre-or post tensioned members) and safe working loads for floors and roofs,
particularly where these may preclude placing scaffolding or heavy machinery there;
hazardous materials used (for example lead paint; pesticides; special coatings which should
not be burnt off etc);
information regarding the removal or dismantling of installed plant and equipment (for
example any special arrangements for lifting, order or other special instructions for
dismantling etc);
c) d) e) f)
g)
h)
health and safety information about equipment provided for cleaning or maintaining the
structures;
the nature, location and markings of significant services, including underground cables, gas
supply equipment, fire-fighting services etc;
information and as-built drawings of the structure, its plant and equipment (for example, the
means of safe access to and from service voids, fire doors and compartmentalisation etc).
264
The file does not need to include things that will be of no help when planning future
construction work, for example:
a)
b)
c)
d)
e)
the pre-construction information, or construction phase plan; construction phase risk assessments, written systems of work and COSHH assessments; details about the normal operation of the completed structure; construction phase accident statistics; details of all the contractors and designers involved in the project (though it may be useful to include details of the principal contractor and CDM co-ordinator);
contractual documents;
information about structures, or parts of structures, that have been demolished - unless
there are any implications for remaining or future structures, for example voids;
information contained in other documents, but relevant cross-references should be included
f)
g)
h)
Some of these items may be useful to the client, or may be needed for purposes other than
complying with the CDM Regulations, but the Regulations themselves do not require them to be
included in the file. Including too much material may hide crucial information about risks.
For guidance purposes listed below are the contents of a typical S.278 works health and safety file
(not exhaustive);
Introduction
Description of the Project
Residual Hazards
Key Design Principles, Relaxations and Departures from Standards
Materials
Plant and Equipment
Significant Services and Statutory Undertakers Plant and Equipment
Safety Audits, Design Team Response and Exception Reports
As built Drawings
Materials Testing Results
Electrical Testing Results
Format of presentation of the Works Health and Safety File
One copy of the works health and safety file is required to be presented as a paper copy, in a
suitable binder or folder and using appropriate stationary divided into sub-sections, and one
electronic copy. The electronic copy of the file will be supplied in Adobe pdf format (or for
as-built drawings – AutoCAD dwg format). Photographs shall be included to clarify any
information given and these can be included in the main body of the file in pdf format.
APPENDIX T LETTER – CERTIFICATE OF START OF WARRANTY PERIOD My ref:
???/278/
20??
(Developer Address)
Please reply to:
Mr/Mrs ????
Development Services
4th Floor
City Hall
LINCOLN
LN1 1DN
Tel no: 01522 ?????
Email:
[email protected]
Dear Sirs,
WORKS REQUIRED UNDER SECTION 278 OF THE HIGHWAYS ACT 1980
HIGHWAY WORKS AT (insert location)
BOND IN THE SUM OF (insert value)
CERTIFICATE OF START OF WARRANTY PERIOD I have now received confirmation that the highway works for which this Agreement and deposit
bond relate are considered acceptable for the Warranty Period to commence and this will take
effect from ???/the date of this letter for a period of 16 calendar months.
As the Section 278 Agreement provides for the Bond liability to be reduced for the duration of the
Warranty Period please find attached a copy of a letter sent to ??????, who are acting as your
Surety under this Agreement. The original bond sum of ??? has been reduced to £??? (??%) with
effect from the date of this letter.
This reduced sum of money is intended to secure your completion of any defects/unfinished work
and all other liabilities under the Agreement before the end of this Warranty Period.
If you have any queries, or require further information, please contact ???? on 01522 ???.
Yours faithfully
Executive Director (Development Services)
APPENDIX U LETTER - CERTIFICATE OF END OF WARRANTY PERIOD My ref:
???/278/
20??
(Developer Address)
Please reply to:
Mr/Mrs ????
Development Services
4th Floor
City Hall
LINCOLN
LN1 1DN
Tel no: 01522 ?????
Email:
[email protected]
Dear Sirs,
WORKS REQUIRED UNDER SECTION 278 OF THE HIGHWAYS ACT 1980
HIGHWAY WORKS AT (insert location)
BOND IN THE SUM OF (insert value)
CERTIFICATE OF END OF WARRANTY PERIOD The Warranty Period for the highway works provided under the above Agreement expired on ????
and I have received confirmation that these works are now acceptable to be adopted and become
maintainable at public expense. Please therefore find attached a copy of a letter I have forwarded
to ????, who are acting as your Surety in under this Agreement, authorising the release of the
remaining bond monies.
Accordingly you may take this letter as formal confirmation that all liabilities under this Agreement
are now cancelled.
If you have any queries, or require further information, please contact ??? on 01522 ????.
Yours faithfully
Executive Director (Development Services)
APPENDIX V
CHECK LIST FOR ISSUE OF LICENCE
A. Has the Developer appointed a CDM Coordinator who is approved by the Highway
Authority?
B. Has the Developer provided the Bond; performance bond through a bondsman or cash
deposit?
C. Has the Developer accepted the design prepared by TSP or requested any changes to it
within 10 days of it being issued to the Developer? If not it is deemed to be accepted by the
Developer.
D. Has the Developer paid all invoices and charges of Lincolnshire County Council for
progressing the Agreement up to Issue of the Licence (Second Stage)?
1)
£500 Administration fee for the preparation, issue and completion of the Agreement
(First Stage).
2)
£250 for approval of a contractor not on the Highway Authority Standing List?
3)
£950 for work by Legal Services in progressing the Agreement?
4)
Fees, charges and disbursements for designing the works, or checking the Developers
design?
5)
Additional Legal Fees, where applicable?
E. Has the Developer provided suitable proof that all insurances required under the Agreement
are in place;
1)
Third party claims resulting from the work.
2)
Public liability insurance - £10,000,000.
3)
Employers liability insurance - £10,000,000.
4)
Professional indemnity insurance - £10,000,000.
5)
Insurance of the works for their full reinstatement value/Bond sum – whichever is the
greater value (required up to the issue of Certificate of End Of Warranty Period).
F. Has the Developer provided suitable proof of requesting, or obtaining, any permanent or
temporary traffic regulation order required for the works?
G. Has the Developer provided proof of obtaining any permission, permits, approvals or other
licences necessary for carrying out the works?
H. Has the Developer provided title or proof of purchase of all land to be dedicated as highway
for the works?
I. Has the Developer provided suitable proof that any necessary orders for services
alterations/diversion/connection/disconnection of services have been placed with statutory
undertakers, or that the services alteration works have been completed?
J. Has the Developer paid to the Highway Authority the Commuted Sum(s)? If not the
commuted sum must be added to the Bond or Deposit Sum?
K. Has the Developer complied with all conditions attached to the Planning Permission(s)
connected with the works?
L. Has the Developer provided suitable proof that all required Network Management Notices
have been issued and granted (copies of all notices are needed);
1) Road Space booking – Notice Number?
M. Has the Developer provided suitable proof of agreement with the Highway Authority of a
timescale or construction programme for construction and completion of the works?
N. Has the Developer provided at their expense any easement or wayleave required for the
works?