SCHEDULES

SCHEDULE 9 PROTECTIVE PROVISIONS

PART 6 FOR THE PROTECTION OF HIGHWAYS ENGLAND

Interpretation
63 (1) Where the terms defined in article 2 (interpretation) of this Order are inconsistent with sub-paragraph (2) the latter prevail.
(2) In this Part of this Schedule—
“as built information” means one digital copy of the following information—
(a) as constructed drawings in both PDF and Auto CAD DWG formats for anything designed by the undertaker; in compliance with Interim Advice Note 184 or any successor document;
(b) list of suppliers and materials used and test results and (where in the opinion of Highways England, following due diligence and assessment while acting reasonably, the carrying out of a specified work may have a materially adverse effect on any part of the highways drainage system maintained by Highways England) CCTV surveys;
(c) product data sheets and technical specifications for all materials used;
(d) as constructed information for any utilities discovered or moved during the works;
(e) method statements for the works carried out;
(f) in relation to road lighting, signs, and traffic signals any information required by Series 1300 and 1400 of the Specification for Highway Works or any replacement or modification of it;
(g) organisation and methods manuals for all products used;
(h) as constructed programme;
(i) test results and records as required by the detailed design information and during construction phase of the project;
(j) the health and safety file; and
(k) other such information as is required by Highways England to be used to update all relevant databases and to ensure compliance with Highways England’s Asset Data Management Manual as is in operation at the relevant time,
provided that the items referred to in paragraphs (c) and (g) will only be required to be submitted if the relevant specified work would require any of the works of a description referred to in article 17(1)(a) to (e) of this Order are to be carried out in relation to any highway for which Highways England is the highways authority.
“condition survey” means a survey of the condition of Highways England structures, assets (including, but not limited to, drainage and cabling) and pavements within the Order limits that in the reasonable opinion of Highways England may be affected by a specified work. A CCTV survey of specified drains will only form part of a condition survey where the undertaker, following due diligence and assessment, identifies a specified part of the highways drainage system maintained by Highways England that Highways England reasonably considers may be materially and adversely affected by a specified work;
“contractor” means any contractor or sub-contractor appointed by the undertaker to carry out a specified work;
“the DBFO contract” means the contract between Highways England and the highway operations and maintenance contractor for the maintenance and operation of parts of the trunk road network (including the M3, M25 and A30) which are within the Order limits or any successor or replacement contract that may be current at the relevant time;
“detailed design information” means drawings specifications and calculations as appropriate for the following—
(a) regime of California Bearing Ratio testing;
(b) earthworks including supporting geotechnical assessments required by CD622 (Managing geotechnical risk) of the DMRB or any successor document and any required strengthened earthworks appraisal form certification;
(c) proposed departures from DMRB standards;
(d) utilities diversions;
(e) topographical survey;
(f) health and safety information including any asbestos survey required by GD05/16 (asbestos management in trunk road assets) or any successor document; and
(g) other such information that may be reasonably required by Highways England to inform the detailed design of a specified work.
“DMRB” means the Design Manual for Roads and Bridges or any replacement, revision or modification of it;
“the highway operations and maintenance contractor” means the contractor appointed by Highways England under the DBFO contract;
“highways structure” means structures or installations within the scope of the DMRB and that are situated under, over or adjacent to a motorway or other trunk road;
“nominated persons” means the undertaker’s representatives or the contractor’s representatives on site during the carrying out of a specified work as notified to Highways England from time to time;
“programme of works” means a document setting out the sequence and timetabling of a specified work;
“specified work” means so much of any work authorised by this Order, including any maintenance of that work, as is in or under the trunk road network for which Highways England is the highway authority; and
“trunk road network” for these protective provisions means—
(a) the crossing under the M3 between junctions 1 and 2 and to the west of Littleton Lane, Ashford as show in the indicative location on the Works Plans Sheet No. 43 (dated June 2019);
(b) the crossing under the M25 between junctions 11 and 12 and just south of the A320 as shown in the indicative location on the Works Plans Sheet No. 47 (dated June 2019); and
(c) the crossing under the A30 is to the east of Staines reservoir and Long Lane as show in the indicative location on the Works Plans Sheet No. 53 (dated June 2019).