Common use of HIGHWAY WORKS Clause in Contracts

HIGHWAY WORKS. 2.1 All works and activities to be carried out under the terms of this Agreement (including for the avoidance of doubt such works as are of a preparatory ancillary or of a maintenance nature) are (save where expressly provided otherwise) to be at the sole expense of the Developer and at no cost to the County Council 2.2 No work on the Highway Works shall commence and no contract or contracts in respect of the construction of the Highway Works shall be let until full details of the Highway Works have been submitted to the Director and the Director has given his written approval to the Highway Works and for the avoidance of doubt this Agreement does not constitute the written approval required under this clause 2.3 The Developer shall provide all relevant notices to the County Council under the New Roads and Street Works Act 1991 and Traffic Management Act 2004, and any amendments thereof 2.4 Insofar as the County Council as Highway Authority is required by any legislation regulation direction or code of practice (including in particular but without prejudice to the generality of the foregoing the New Roads and Street Works Act 1991) to serve a notice or notices in respect of the Highway Works on undertakers or other persons the Developer shall comply with such requirement on behalf of the County Council before the Highway Works commence and shall thereafter assume on behalf of the County Council such responsibilities as follow on therefrom in particular during the construction of the Highway Works 2.5 The Developer shall give due consideration to adjoining owners and occupiers at all times and shall organise activities relating to the Highway Works in such a manner as to cause the least practicable disruption 2.6 The Developer shall display and maintain prominent notices around the perimeter of the Site to warn the public of the dangers of entering the Site. However the display of such notices shall not relieve the Developer of any of his obligations and liabilities under this Agreement, the Control of Pollution Act 1974 or the Environment Protection Act 1990, or any amendments thereof 2.7 The Developer shall take or procure the taking of all necessary steps to avoid creating a nuisance from noise and from dust and as far as practicable the Highway Works are to be carried out in such a way that noise and dust are kept to a minimum 2.8 When the Highway Works are being executed the Developer shall institute at his own expense measures previously approved in writing by the Director to maintain the safe flow of traffic on the highways in the vicinity of the Site 2.9 No Highway Works within or affecting existing public highways will be permitted within the morning and evening peak periods i.e. 7.30 - 9.30 a.m. and 4.30 - 6.30 p.m. Monday to Friday except as agreed in writing by the Director 2.10 When the Highway Works are being carried out the Developer shall provide all watching and lighting as required and shall maintain all lights, guards, fencing and warning signs when and where necessary and undertake such further measures as may be reasonably required by the Director 2.11 Representatives of the County Council may enter upon the land on which the Highway Works are being carried out at any reasonable time to ascertain whether the terms of the Agreement are being or have been complied with 2.12 On Substantial Completion of the Highway Works :- 2.12.1 the Developer shall clear away and remove from the Site all constructional plant and temporary works of every kind and leave the Site in a safe, neat and tidy condition to the satisfaction of the Director 2.12.2 the Developer shall provide the County Council with 6 paper copies of the ‘as constructed’ drawings and a pdf thereof 2.12.3 the Director may issue a Certificate of Substantial Completion to the Developer 2.13 The Developer shall maintain the Highway Works for a period of eighteen (18) months (unless the Director agrees in writing a lesser period) from the issue of the related Certificate of Substantial Completion and prior to the expiration of this period the Developer shall reinstate and make good any damage or defect which may have arisen from any cause whatsoever or be discovered during the said period of eighteen (18) months (including any defect in or damage to the surface water drainage system) so as to place the highway and the Highway Works in a condition satisfactory to the Director. After the expiration of the period of eighteen

HIGHWAY WORKS. 2.1 All 7.1 The Council shall carry out the preliminary design works (“the Preliminary Design”) and activities to be carried out under the terms of this Agreement (including all requisite investigative works for the avoidance of doubt such works as are of a preparatory ancillary or of a maintenance nature) are (save where expressly provided otherwise) to be at the sole expense of the Developer and at no cost to the County Council 2.2 No work on the Highway Works the results of which the Council shall commence provide to the Owner 7.2 The Preliminary Design will comprise details of proposals for street lighting, surface water drainage, concrete base design, paving and road surface design, materials and finishes and street furniture 7.3 The Council shall as soon as reasonably practicable, and no contract or contracts in respect later than nine months from the date of the construction notice of intended Implementation served by the Owner on the Council pursuant to clause 5.1 of this Deed (and subject to receiving timely input from TfL), prepare and submit the Preliminary Design to the Owner for information and comments 7.4 If the Owner provides comments on the Preliminary Design, the Council shall respond to them within one month of receipt of the Highway Works same and within one month after the Council’s response has been sent, the Council shall be let until full details produce a draft of the Highway Works have been submitted to the Director and the Director has given his written approval to detailed design for the Highway Works and for send the avoidance of doubt this Agreement does not constitute the written approval required under this clause 2.3 The Developer shall provide all relevant notices same to the County Council under Owner 7.5 If the New Roads and Street Works Act 1991 and Traffic Management Act 2004, and any amendments thereof 2.4 Insofar as Owner provides comments on the County Council as Highway Authority is required by any legislation regulation direction or code of practice (including in particular but without prejudice to the generality draft of the foregoing the New Roads and Street Works Act 1991) to serve a notice or notices in respect of detailed design for the Highway Works on undertakers or other persons within two weeks of receipt to the Developer Council, the Council shall comply with such requirement on behalf respond to the Owner within one month, after which the Council shall produce a final version of the County Council before detailed design for the Highway Works commence and shall thereafter assume on behalf seek formal approval through the Council’s Key Decision process as soon as reasonably practicable thereafter 7.6 No later than 10 Working Days following the formal approval through the Council's Key Decision process of the County Council such responsibilities as follow on therefrom in particular during the construction detailed design of the Highway Works 2.5 The Developer , the Owner shall give due consideration to adjoining owners and occupiers at all times and shall organise activities relating to pay the Highway Works in such a manner as Contribution to cause the least practicable disruptionCouncil 2.6 7.7 The Developer Owner shall display and maintain prominent notices around serve not less than 15 months’ prior written notice on the perimeter Council (“the Commencement Notice”) of the Site to warn the public projected date for Practical Completion of the dangers of entering Development and the Site. However the display of Commencement Notice shall specify such notices projected date 7.8 The Council shall not relieve the Developer of any of his obligations use all reasonable endeavours to carry out and liabilities under this Agreement, the Control of Pollution Act 1974 or the Environment Protection Act 1990, or any amendments thereof 2.7 The Developer shall take or procure the taking of all necessary steps to avoid creating a nuisance from noise and from dust and as far as practicable complete the Highway Works are to be carried out in such a way that noise and dust are kept to a minimum 2.8 When before the Highway Works are being executed the Developer shall institute at his own expense measures previously approved in writing by the Director to maintain the safe flow of traffic on the highways in the vicinity projected date for Practical Completion of the Site 2.9 No Highway Works within or affecting existing public highways will be permitted within the morning and evening peak periods i.e. 7.30 - 9.30 a.m. and 4.30 - 6.30 p.m. Monday to Friday except as Development (unless otherwise agreed in writing by the Director 2.10 When the Highway Works are being carried out the Developer shall provide all watching and lighting as required and shall maintain all lights, guards, fencing and warning signs when and where necessary and undertake such further measures as may be reasonably required by the Director 2.11 Representatives of the County Council may enter upon the land on which the Highway Works are being carried out at any reasonable time to ascertain whether the terms of the Agreement are being or have been complied with 2.12 On Substantial Completion of the Highway Works :- 2.12.1 the Developer shall clear away and remove from the Site all constructional plant and temporary works of every kind and leave the Site in a safe, neat and tidy condition to the satisfaction of the Director 2.12.2 the Developer shall provide the County Council with 6 paper copies of the ‘as constructed’ drawings and a pdf thereof 2.12.3 the Director may issue a Certificate of Substantial Completion to the Developer 2.13 The Developer shall maintain the Highway Works for a period of eighteen (18) months (unless the Director agrees in writing a lesser period) from the issue of the related Certificate of Substantial Completion and prior to the expiration of this period the Developer shall reinstate and make good any damage or defect which may have arisen from any cause whatsoever or be discovered during the said period of eighteen (18) months (including any defect in or damage to the surface water drainage system) so as to place the highway and the Highway Works in a condition satisfactory to the Director. After the expiration of the period of eighteenOwner)

HIGHWAY WORKS. 2.1 All 13.1 The Developer shall not carry out any works pursuant to the Development until it has entered into an agreement pursuant to sections 38 and activities 278 of the 1980 Act with the Council and/or TfL and other relevant parties to be carried secure the provision and dedication and adoption of the Highway Works (“Highway Works Agreement”) and the Council and/or TfL and/or the LDA and/or LBSL shall not unreasonably withhold or delay their consent to such Highway Works Agreement 13.2 The agreement referred to in Paragraph 13.1 above shall include an indemnity whereby the Developer shall indemnify the Council and/or TfL in respect of all claims pursuant to section 10 of the Compulsory ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ and the Land Compensation Act 1973 Part 1 (or any statutory modification or re-enactment of them) arising from the carrying out under of the terms of this Agreement Highway Works (including for the avoidance of doubt all costs fees and expenses associated with those claims) and that prior to the commencement of the Highway Works and on completion of the of the Highway Works such surveys shall be carried out and measurements shall be taken as may be necessary to define the levels of physical factors as specified in the Land Compensation ▇▇▇ ▇▇▇▇ which for the avoidance of doubt shall include noise and vibration, artificial lighting and pollution levels 13.3 No works to the Southern Area shall commence until the Highway Works have been opened to public vehicular and pedestrian traffic 13.4 The LDA TfL LBSL and the Council each agree as are landowners that any land which is in their ownership at the date that the Highway Works Agreement is entered into and which is not existing public highway and which is to become public highway pursuant to the Highway Works Agreement shall be dedicated as such in accordance with the Highway Works Agreement 13.5 The Developer will not commence the Highway Works until: 13.5.1 it has submitted to the Council and TfL and the Council and TfL have approved a methodology for 3 traffic surveys and the appointment of a preparatory ancillary person or of a maintenance nature) are consultancy (save where expressly provided otherwisethe "Traffic Consultant") to carry out the same such surveys to be conducted at the sole expense of the Developer and at no cost to assess: (a) the operation of the new highway layout in terms of the efficiency and effectiveness of its operation against modelled outputs set out in the Supplementary Transport Assessment (b) the level of existing rat-running along those roads identified on the Traffic Survey Plan and (c) whether the new highway layout is causing an increase over and above existing rat-running along those roads identified on the Traffic Survey Plan such surveys to be carried out in accordance with a methodology which ensures that the surveys are carried out on a robust comparable basis 13.5.2 the percentage increase in level of existing rat-running that is considered to be material has been agreed between the Developer the Council and TfL 13.6 Upon the Council and TfL notifying their approval in writing to the County Council 2.2 No work on the Highway Works shall commence and no contract or contracts in respect Developer of the construction matters set out in paragraph 13.5 (or any amended proposals determined in accordance with clause 5.13 or clause 6) the Developer will commission the first traffic survey in the joint names of the Highway Works shall Developer the Council and TfL (but at the Developer’s sole expense) such survey to be let until full details carried out and completed by the Traffic Consultant within the period of the Highway Works have been submitted 3 months prior to the Director and the Director has given his written approval to the Highway Works and for the avoidance of doubt this Agreement does not constitute the written approval required under this clause 2.3 The Developer shall provide all relevant notices to the County Council under the New Roads and Street Works Act 1991 and Traffic Management Act 2004, and any amendments thereof 2.4 Insofar as the County Council as Highway Authority is required by any legislation regulation direction or code of practice (including in particular but without prejudice to the generality of the foregoing the New Roads and Street Works Act 1991) to serve a notice or notices in respect commencement of the Highway Works on undertakers a date or other persons dates to be agreed by the Developer shall comply with such requirement on behalf the Council and TfL 13.7 The Developer will submit a copy of the County Council before final report setting out the Highway Works commence and shall thereafter assume on behalf results of the County first traffic survey to the Council such responsibilities as follow on therefrom in particular during the construction and TfL within 5 Working Days of receipt of the Highway Workssame from the Traffic Consultant if not already provided to the Council and TfL directly 2.5 13.8 The Developer shall give due consideration to adjoining owners and occupiers at all times and shall organise activities relating to will commission the Highway Works second survey in such a manner as to cause the least practicable disruption 2.6 The Developer shall display and maintain prominent notices around the perimeter joint names of the Site to warn Developer the public of Council and TfL (but at the dangers of entering the Site. However the display of such notices shall not relieve the Developer of any of his obligations and liabilities under this Agreement, the Control of Pollution Act 1974 or the Environment Protection Act 1990, or any amendments thereof 2.7 The Developer shall take or procure the taking of all necessary steps to avoid creating a nuisance from noise and from dust and as far as practicable the Highway Works are Developer’s sole expense) to be carried out in such a way that noise and dust are kept to a minimum 2.8 When the Highway Works are being executed the Developer shall institute at his own expense measures previously approved in writing completed by the Director to maintain the safe flow of traffic on the highways in the vicinity of the Site 2.9 No Highway Works Traffic Consultant within or affecting existing public highways will be permitted within the morning and evening peak periods i.e. 7.30 - 9.30 a.m. and 4.30 - 6.30 p.m. Monday to Friday except as agreed in writing by the Director 2.10 When the Highway Works are being carried out the Developer shall provide all watching and lighting as required and shall maintain all lights, guards, fencing and warning signs when and where necessary and undertake such further measures as may be reasonably required by the Director 2.11 Representatives of the County Council may enter upon the land on which the Highway Works are being carried out at any reasonable time to ascertain whether the terms of the Agreement are being or have been complied with 2.12 On Substantial Completion 12 months following completion of the Highway Works :- 2.12.1 on a date or dates to be agreed by the Council the Developer and TfL 13.9 In the event that the Council and/or TfL notify/notifies the Developer in writing that they require/it requires a further (third) traffic survey such third traffic survey shall clear away be carried out (in the joint names of the Developer the Council and remove TfL also at the Developer’s sole expense) on completion of the Development on a date or dates to be agreed by the Developer the Council and TfL 13.10 The Developer will submit a copy of the final report setting out the results of the second and (if required) third traffic survey to the Council and TfL within 5 Working Days of receipt of the same from the Site all constructional plant and temporary works of every kind and leave the Site in a safe, neat and tidy condition Traffic Consultant if not already provided to the satisfaction Council and TfL directly 13.11 The Developer will use Reasonable Endeavours to ensure that the agreed methodology is used to carry out the first traffic survey the second traffic survey and any third traffic survey 13.12 In the event that any of the Director 2.12.2 traffic surveys reveals an increase by more than the percentage of rat-running agreed as being material in accordance with paragraph 13.4.2 along the roads shown on the Traffic Survey Plan from that identified in the first traffic survey and such increase is shown to be attributable to the Development then the Developer shall provide will within 3 months following the County Council with 6 paper copies completion of the ‘as constructed’ drawings traffic survey in question prepare initial proposals for a scheme of works to implement traffic calming measures on the affected roads together with an estimate of the cost of those works and a pdf thereof 2.12.3 will within the Director may issue a Certificate of Substantial Completion said 3 month period submit such scheme and the costs estimate to the DeveloperCouncil and TfL for approval 2.13 The Developer shall maintain the Highway Works for a period of eighteen (18) months (unless the Director agrees in writing a lesser period) from the issue 13.13 As part of the related Certificate process of Substantial Completion and prior to the expiration of this period the Developer shall reinstate and make good any damage or defect which may have arisen from any cause whatsoever or be discovered during the said period of eighteen (18) months (including any defect in or damage to the surface water drainage system) so as to place the highway and the Highway Works in a condition satisfactory to the Director. After the expiration approval of the period scheme of eighteenworks as referred to in paragraph