Vehicle crossing terms and conditions
Terms and conditions for vehicle crossings undertaken by the householder’s chosen contractor:
1. Indemnities and insurance
The contractor shall indemnify the Highway Authority against all actions, proceedings, claims, costs and expenses brought, instituted, made or incurred against or by the Highway Authority as a result of injury to or the death of any person arising out of and during the course or in consequence of the execution of the works and not caused by the negligent act or omission of the Highway Authority, its servants or agents.
The contractor shall also indemnify the Highway Authority against all actions, proceedings, claims, costs and expenses brought, instituted, made or incurred against or by the Highway Authority as a result of injury or damage to or the destruction or loss of any property, whether real or personal, and arising out of and during the course or in consequence of the execution of the works, and not caused by the negligent act or omission of the Highway Authority, its servants or agents.
The contractor shall insure himself against the obligations assumed by him under Clauses (1) and (2) above hereof in a sum of £10,000,000 at least in respect of any one occurrence and shall, produce the insurance policy or policies affecting the necessary insurance cover and the receipt of the premium(s) or last premium(s) paid.
2. Statutory Undertakers and the New Roads and Street Works Act 1991 (NRSWA 1991)
The Highway Authority will obtain details of any apparatus in the proposed vehicle crossing location from Statutory Undertakers and Street Works Licence holders (persons other than statutory undertakers to whom the Highway Authority has granted a licence to install private apparatus in the highway). The Highway Authority will issue the details of any apparatus to the applicant. This is for works co-ordination purposes.
A works permit will not be issued until a Notice of Work (D5.1 Notice) has been submitted.
Where the construction of a vehicle crossing or an extension to a vehicle crossing will affect statutory undertakers’ apparatus, the cost of any works necessary to protect this apparatus will be borne by the householder who must pay for the works in advance of the works proceeding. However, every effort will be made to site the crossing so that apparatus and street furniture remains unaffected. The cost of lowering statutory undertakers’ apparatus can be expensive and in some instances, they will insist on doing this work themselves.
The Notice of Works can be obtained electronically via the area co-ordinator or is sent with our approval of the crossing. The Notice of Works must be completed and sent to email@example.com no less than 7 working days’ before works commence. This time period relates for works lasting no longer than 3 days duration. Works that are 4 to 10 days duration require 10 days notice period and those over 10 days duration require 90 days notice to the street authority, to any other relevant authority and to any other person having apparatus in the street which is likely to be affected by the works.
If any statutory undertakers’ equipment is uncovered during works at the wrong depth, then contact should be made with the relevant statutory undertaker who should pick up the cost of the lowering the equipment. However, if this does not happen, all costs with be borne by the applicant.
For each vehicle crossing, an Initial Vehicle Crossing Application fee of £164.48 is made. The fee is non-refundable and covers a site visit, a search of underground apparatus (Statutory Undertakers Requests) (i.e. gas, electric) and administration processes.
A permit is valid for six months from the approval date and the Statutory Undertakers Requests are only valid for three months from their submissision date. If work is not carried out within the three month period, new Statutory Undertaker Requests will need to be requested and a charge may occur to the applicant.
Once the initial application is approved your chosen contractor will be required to apply for a Road Opening Notice with a fee of £150.00.
If the work is not completed satisfactorily, the cost of additional inspections and administration will be recharged to the applicant.
4. Specification of works
All works must be undertaken in accordance with the Highway Authority’s specification for vehicle crossings or such other specification agreed by the Highway Authority.
No surface water will be permitted to drain from private property to the public highway. Arrangements will need to be made on private property to prevent this occurring such as a slot drain at the boundary with the public highway draining into a soakaway on private property.
The contractor will be required to meet all necessary conditions with respect to the safe passage of users of the street, including persons with disabilities.
Requirements may include traffic signs, barriers, cones and lamps, supplementary lighting and any other measures deemed necessary for traffic management purposes. The contractor’s attention is drawn to a publication by HMSO under the provisions of Sections 65 and 124 of the New Roads and Street Works Act 1991 entitled ‘Safety at Street Works and Road Works - a code of practice’. This contains information on the methods to be employed in signing, guarding and protecting works and its advice should be followed at all times. More detailed advice on traffic management can be found in Chapter 8 of the Traffic Signs Manual.
6. Information boards
An information board must be displayed at the site in a safe manner throughout the duration of the works giving the name of the company carrying out the works and a telephone number which may be contacted in emergencies.
7. Emergency contact
Prior to starting work the contractor shall provide the Highway Authority with the name, address and telephone number of a person who may be contacted at any time (including out of normal office hours). This will be included in your notice of work.
8. Precautions in carrying out works
In carrying out the works the contractor shall take every precaution to avoid damage to, or improper interference with the use of, any roads, streets, canals, rivers, watercourses, sewers, drains, pipes or cables.
Works should be carried out in such a manner as to cause no more prolonged obstruction to traffic than is reasonably necessary.
9. Commencement of works notification
A works permit will not be issued until a commencement date is supplied to the Vehicle Crossing Team.
10. Facilities to be afforded to the Highway Authority and others
Reasonable facilities shall be afforded to the Highway Authority, Statutory Undertakers and Street Works Licence holders for the inspection of the work as it proceeds, to ensure that the relative duties are complied with, and requirements for the protection of, and access to, existing apparatus are being met.
11. Traffic Regulation Orders
Should it be necessary to close a road and/ or divert traffic to facilitate the works, a Temporary Traffic Regulation Order will be necessary. This must be obtained from the Highway Authority and a period of six weeks notice is required. The cost of the Order is £1,199.74 and must be met by the applicant.
If the construction of a new vehicle crossing is through an existing residents’ parking scheme then an amendment to the Traffic Regulation Order covering that restriction will be required. The cost of this process is £2,263.71 and must be successfully processed before construction commences.
12. Certification of site personnel
It is essential that the appropriate personnel are employed for vehicle crossing work due to the hazards and liability of working on the public highway. The qualifications are as follows:
All site workers to be NRSWA* accredited to Operative level with at least one of the gang accredited to Supervisor level either based permanently on site or available to visit site at any time. (*New Roads and Street Works Act 1991)
13. Weather conditions
No work will be carried out if the weather conditions are unsuitable.
14. Working hours and duration of works
Unless the Highway Authority specifically authorises otherwise, the works will be carried out within three working days between the hours of 7.30 am and 5.00 pm, Mondays to Fridays inclusive.
Restricted and abnormal working hours may be necessary on some roads and specific instructions may be specified as part of your works by the Highway Authority representative on the timing and duration of the works. No works will normally be allowed outside the hours specified or at weekends.
15. Street furniture, trees and bus stops
There should be a minimum clearance of 450mm between the edge of the vehicle crossing and any street furniture. When it is necessary to relocate street furniture the Highway Authority will arrange for the furniture to be relocated and the Householder must pay for all costs including a 20% administration charge to cover the cost of ordering and inspecting the works from our contractor, in advance of the works proceeding. Any variation in cost of relocating or protecting the street furniture will be charged/credited to the applicant. However, every effort will be made to site the crossing so that street furniture remains unaffected. Trees are considered as street furniture and, if it is necessary for their relocation, specialist advice must be sought with the inclusion of Essex County Council tree specialists (contact details provided upon request).
16. Completion of works notification
The Highway Authority must be notified of the completion of the works within one working day of the works finishing.
17. Work carried out unsatisfactorily
In cases where the work is unsatisfactory, if the contractor does not address the defects then the works will be undertaken by the Highways Authority and the costs will be recharged to the applicant.