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NEC3 Engineering and Construction Contract

(June 2005, with amendments 2006)

APPENDICES
CONTENTS AMENDMENT SHEET

Amend.
Issue Date Amendments Initials Date
No.

D1 23/06/11 Issued for Client Comment PJW 23/06/11

T1 15/08/11 For Tender Issue PJW 15/08/11

TA2 15/09/11 Tender Amendment 2 HD 15/09/11


Engineering and Construction Contract

APPENDIX 2/1 RISK REGISTER

The Employer’s Risk Register is as follows:

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Risk
Risk Event Action to mitigate risk
Ref
a Cost overrun on Review costs through pricing and construction
works into next phases and regularly monitoring risk register,
financial year programme and costs.
b Late delivery of Contractor to order long lead items soon after
materials contract award and then programme work to suit
delivery schedule. Contractor to expedite all orders to
ensure delivery in time to suit programme. Any
delays in work as a result of late delivery of
equipment will be the Contractor’s liability.
c Access into invert Access to the invert will be arranged via the DBFO
(confined space Co. Contractor’s personnel are to be confined space
working) for cable trained. The Contractor is responsible for the training
installation of staff under CDM.
d New hardware Contractor to establish the location of services as
and/or cabling part of the design.
clashes with existing
services
e Construction The Contractor should make full allowance in his
problems tender for all installation activities.
f Issuing of permits to Contractor to comply fully with DBFO Co.
work for electrical requirements and give adequate notice for any
isolations isolations that are required.
g Contractor unable to To be dealt with as a Compensation Event.
enter tunnel as
planned due to
Northbound traffic
counts of more than
3,000 vehicles per
hour in the west
tunnel or 3,500
vehicles per hour in
the east tunnel.
h Late return of tunnel Contractor to manage programme and liaise with
at end of work shift DBFO Co. Delay damages on Contractor for late
return.
i Breach of DBFO Compliance with DBFO Co. security/permit to work
procedures by system is a Contractor responsibility.
Contractor staff
j Health and safety All Contractor staff shall attend DBFO Co. safety
issues briefings prior to working on Site.
k Contractor’s Procedure for recovery to be included in method
Equipment fails Statements.
within Works
l Changes in Technical approvals are obtained as early on in the
Contractor’s design design process as possible. Contractor to adhere to
causing delays contract early warning procedure.
and/or adjustment to
contract
m Delay during client Technical approvals are obtained as early on in the
approvals process design process as possible. Contractor to adhere to
contract early warning procedure.

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Risk
Risk Event Action to mitigate risk
Ref
n1 Installation activities Contractor to plan programme of works and liaise
clash with wayfinder with Project Manager and DBFO Co.
lighting installation
activities within the
tunnel
n2 Installation activities Contractor to plan programme of works and liaise
clash with escape with Project Manager and DBFO Co.
signage installation
activities within the
tunnel
n3 Installation activities Contractor to plan programme of works and liaise
clash with fire with Project Manager and DBFO Co.
suppression system
installation activities
within the tunnel
n4 Installation activities Contractor to plan programme of works and liaise
clash with with Project Manager and DBFO Co.
maintenance
activities within the
tunnel
o CAT 3 Checking of Technical approvals are obtained as early on in the
design design process as possible. Contractor to adhere to
contract early warning procedure.
p Technical interfacing Contractor to liaise with Project Manager and DBFO
problems with the Co. to ensure continuing compatibility.
Life Safety Control
System

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APPENDIX 2/2 SITE WASTE MANAGEMENT PLAN

NB Information highlighted in grey is required only for projects exceeding £500k in


value.

Responsibility

Name of client

Name of principal contractor

Name of person who drafted plan

Notes, amendments

Construction Project

Description of the Works

Location (address, postcode if


appropriate)

Estimated project cost

Notes, amendments

Materials Resource Efficiency

Describe here any methods adopted during the conception, design and specification
phase to reduce the amount of waste arising

Method Resource saving (quantity if possible)

Waste Management

Declaration

The client and principal contractor will take all reasonable steps to ensure that -
a) all waste from the site is dealt with in accordance with the waste duty of care
in Section 34 of the Environmental Protection Act 1990 and the Environment
Protection (Duty of Care) regulations 1991; and
b) materials will be handled efficiently and waste managed appropriately

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Waste type Quantity (m3 or tonnes)


Re-use Re-use Recycling Recycling Other Other Sent to Other
on-site off-site on-site off-site form of form of landfill disposal
recovery recovery
on-site off-site
Estimates
Inert

Non-
hazardous

Hazardous

Total
(m3 or tonnes)
Actual
Inert

Non-
hazardous

Hazardous

Total
(m3 or tonnes)
Difference
between
estimates and
actual

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Waste records

Date Waste Identity of Site the Waste Confirmation


removed type the person waste is carrier of delivery*
(as S 34 removing being taken registration
of EPA the waste to and number*
1990) whether
licensed or
exempt

*Evidence of waste carrier registration and waste transfer or hazardous waste


consignment notes for each removal of waste should be provided either as part of the
plan, or filed and cross-referenced.

Post-Construction

[Within three months of the construction work being completed]

Confirmation

This plan has been monitored on a regular basis to ensure that work is progressing
according to the plan and has been updated to record details of the actual waste
management actions and waste transfers that have taken place.

Signature

Issue Details

Explanation of any
deviation from the planned
arrangements

Waste forecasts –
exceeded

Waste forecasts – not met

Cost savings achieved

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APPENDIX 2/3 SPECIAL REQUIREMENTS OF STATUTORY BODIES

1. A statutory body is any person who has a statutory right or a right pursuant to
a licence granted under any statute to place or maintain any apparatus
(including any pipe, conduit, sewer, drain, or tunnel) on, under, or over the
Site or to inspect, adjust, repair, alter, renew, reposition or remove such
apparatus.

2. The Contractor complies at his own cost with all special requirements of
statutory bodies whether or not set out below.

Other special Requirements in relation to these works are reproduced on the


following pages for:

The DBFO Co.

The Environment Agency

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SPECIAL REQUIREMENTS IN RELATION TO THE DBFO Co.

The Contractor shall comply with the DBFO Co’s Special Requirements as set out in
the Works Information and Appendix 2/4 (Dartford Crossing EUD Incident Detection
System – Performance Specification).

DBFO Co. special requirements may be further defined in a tender amendment.

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SPECIAL REQUIREMENTS IN RELATION TO THE ENVIRONMENT AGENCY

Introduction

In these Special Requirements the following expressions shall have the meanings
assigned to them:-

The "Agency" means the Environment Agency.

"Area Engineer" means:

Area Flood Defence Manager


Environment Agency, West Malling Area
Address: Orchard House
Endeavour Park
London Road
Addington
West Malling ME19 5SH
Tel: 01732 875587
Fax: 01732 875057

"Proper Officer(s)" means the Officer(s) of the Agency having responsibility for
specific functions of the Agency in relation to the Works or its Authorised
Representatives and Agents.

"Watercourse" means all rivers, streams, ditches, drains, cuts, culverts,


dykes, sluices, lakes, ponds, reservoirs, docks, channels, creeks, bays,
estuaries or arms of the sea.

General Matters

All workmen, agents, or persons, employed by the Contractor whilst in areas in which
the powers of the Agency apply, shall be subject to the byelaws, rules and
regulations of the Agency and to the reasonable requirements of the Proper Officers
of the Agency.

All necessary consents and licences in relation to construction must be obtained from
the Agency before any works commence. Early consultation is advised.

Where these requirements are included in Contract Documents they must be read in
conjunction with those documents and will not detract from them.

Control of Pollution Requirements

The Contractor shall take all necessary precautions to ensure that no polluting
discharge, either solid or liquid, is made to any Watercourse or to the underground
strata and that no work carried out in any Watercourse is done in such a manner as
to cause pollution. Any materials which may accidentally fall into any Watercourse
shall be removed immediately.

In particular, but not by way of derogation from the generality of this Clause, the
Contractor shall:

a. Obtain the prior written consent and/or approval of the Agency before making
any discharge to any Watercourse or to the underground strata.

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The Agency' s Pollution Prevention Guidelines sheets will be made available


to the Contractor.

b. Ensure that all fuel, lubricating oils or chemicals stored in bulk on the Site are
located as far as reasonably possible, and in no case closer than 10 metres,
from any Watercourses and that such stores are sited on impervious bases
and surrounded with an effective and impervious bund capable of holding the
full contents of the store plus 10%. All stores shall be kept locked when not in
use. All containers must be clearly labelled with a description of their
contents. A stock of oil absorbent material shall be maintained on Site. The
drainage system of the bund shall be sealed with no discharge to any
Watercourse, land or groundwater.

c. Locate all equipment using fuel oil as far away as reasonably possible from
any Watercourse and surround such equipment with oil-absorbent material to
contain spills or leaks. Refuelling of equipment shall also be remote from any
Watercourse or drain.

d. Remove leaking or empty oil drums or chemical containers from the Site
immediately.

e. Provide for silted or discoloured water pumped from excavations either to be


irrigated over grassland or settled in a lagoon prior to any discharge to a
Watercourse.

f. Not use plant in a Watercourse or ford the Watercourse with vehicles without
the prior consent in writing of the Area Engineer and shall ensure
plant/vehicles do not leak. Regular river crossings shall be by way of
temporary bridges or culverts by prior agreement and consent of the Agency.

g. Regularly scrape and maintain free from deposits or slurry haul roads on the
Site and approaches to Watercourses. Any slurry so removed must be
disposed of in an agreed location avoiding pollution of the Watercourse.
Reasonable precautions should be taken to ensure surface water drains are
not contaminated by solids from the Works and associated transport.

h. Prevent the discharge of seepage of cement slurry from any concreting work,
mixing plant or ready-mix vehicle into any Watercourse.

i. Agree with Area Engineer his plant, vehicle parking and servicing areas and
wheel washing facilities where these would cause a risk of pollution.

j. Ensure that any imported fill or construction material is free from polluting or
toxic substances where drainage from the material can directly enter surface
or underground waters.

k. Provide suitable sheeting under any structure over a Watercourse which is to


be cleaned by mechanical or chemical means/and or painted in order to
prevent material entering the Watercourse.

In executing the Works the Contractor shall take all necessary precautions to secure
the efficient protection of all rivers, streams and waterways and the like, together with
water in underground strata, against silting, erosion and pollution.

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The Contractor shall not, without the written consent of the Area Engineer, remove
from any part of the bottom, channel or bed of a Watercourse a deposit accumulated
by reason of any dam, weir or sluice, and shall not undertake such removal by
causing the deposit to be carried away in suspension in the waters. Sediments so
removed shall be disposed of through an approved route.

The Contractor shall provide details to the Agency of any site investigations
undertaken on suspected contaminated sites, such as gas works, chemical works.

Waste Management

The Contractor shall comply with the relevant Codes of Practice listed in the attached
Annex.

In particular, the Contractor shall ensure that:-

a. the production, transport, recovery, and disposal of waste does not cause
pollution of the environment, harm to human health, or become seriously
detrimental to the amenities of the locality;

b. the waste does not escape from his or any other person'
s control;

c. where waste is transferred to another person an accurate description is


provided of the waste as required under the Environmental Protection (Duty
of Care) Regulations 1991 (SI 1991/2938) to ensure that the other person
complies with the legislation;

d. where waste is transferred to another person that person is authorised to


receive the waste or authorised to transport the waste;

e. where waste is transferred to a waste management facility such as a landfill


site or a treatment plant the Contractor shall ensure that the site is suitable to
accept the waste;

The Contractor shall satisfy himself that operators of waste management facilities
claiming to be exempt from the requirement to hold a waste management licence can
produce evidence of such exemption.

The Contractor should be aware of the potential hazards from landfill gas when
carrying out developments on or within 250 metres of any current or former landfill
site.

Information leaflets on the Duty of Care, Special Wastes and Registrations of


Carriers are available from area offices of the Agency.

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APPENDIX 2/4 DARTFORD EUD INCIDENT DETECTION SYSTEM –


PERFORMANCE SPECIFICATION

The Performance Specification is loaded separately in file 1-1-5-a-i Dartford Crossing


EUD Incident Detection System, Works Information Appendix 2-4 Performance
Specification.
:

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APPENDIX 2/5 FORM OF PARENT COMPANY GUARANTEE

The Form of Parent Company Guarantee is as follows:

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FORM OF PARENT COMPANY GUARANTEE


.

THIS GUARANTEE BY DEED is made the day


of

BETWEEN

1 Ultimate Parent [ ] (company no [ ])


Company whose registered office is at] [
]

2 Employer THE SECRETARY OF STATE FOR TRANSPORT


of

RECITALS

A The Employer has entered into a contract dated [ ] (“the Contract”)


with [ ] (“the Contractor”) whose registered office is at
[ ] to carry out and complete [the works........] in accordance with the
Contract No [……].

B Under the terms of the Contract, the Contractor is required to procure a


guarantee to be given by its ultimate parent company for the due performance of
all the Contractor'
s obligations or liabilities under the Contract.

OPERATIVE PROVISIONS

1. Unless the context otherwise requires words and expressions in this


Guarantee have the same meaning as set out in the Contract.

2. We [name of Ultimate Parent Company] as the ultimate parent company and


guarantor (hereinafter referred to as "the Guarantor") of [name of Contractor]
guarantee unconditionally and irrevocably as a primary obligation to the
Employer and not as a surety that the Contractor shall perform all of his
obligations or liabilities contained in and in accordance with the Contract.

3. If the Contractor shall fail to so perform any of his obligations under the Contract
or any of his liabilities arising out of or in connection with the same, the
Guarantor shall forthwith perform such obligations or liabilities on the same
terms or conditions as contained in the Contract or cause a third party
acceptable to the Employer to so perform such obligations or liabilities on the
same terms and conditions, the due or forthwith performance of which the
Guarantor shall guarantee by virtue of this Guarantee as if such third party were
the Contractor.

4. The variation, amendment, extension or suspension of the Contract or the giving


of time by the Employer or any negligence or forbearance by the Employer in
enforcing its obligations either under the Contract or under this Guarantee or
any other indulgence, concession or arrangement granted, made or entered into
by the Employer shall not in any way prejudice the Guarantor'
s obligations under

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this Guarantee to the Employer, in whole or in part, pursuant to the terms


thereof.

5. The Guarantor hereby authorises the Contractor and the Employer to make any
amendment or variation to the Contract, the due performance of which
amendment or variation shall be likewise guaranteed in accordance with the
terms of this Guarantee.

6. The rights and liabilities of the Guarantor under this Guarantee shall be co-
extensive with the rights and liabilities of the Contractor under the Contract. For
such purposes the terms and conditions of the Contract are deemed to be
incorporated within this Guarantee.

7. The Employer may assign the benefit of this Guarantee without the prior written
consent of the Guarantor provided that this Guarantee is only assigned as part
of the Contract. The Guarantor shall not assign or part with any interest
whatsoever.

8. Any notice or other communication required under this Guarantee shall be


given in writing and shall be deemed to have been properly given if compliance
is made with Section 196 of the Law of Property Act 1925 (as amended by the
Recorded Delivery Service Act 1962).

9. No person who is not a party to this Guarantee shall have a right to enforce
any term of the Guarantee by virtue of the provisions of the Contracts (Rights
of Third Parties) Act 1999.

10. The Guarantee shall come into force on the day it is dated. This Guarantee
shall continue in effect until all the obligations and liabilities of the Contractor
under or in connection with the Contract have been performed and complied
with and notwithstanding any change in the shareholding by the Guarantor in the
Contractor but in any event this Guarantee shall expire in full not later than
[insert date - being 12 years after the Completion Date].

11. This Guarantee is subject to English law and the jurisdiction of the English
Courts.

Delivered as a deed on the date of this document.

Executed under the common seal of [the


Parent Company] in the presence of:

Director

Director/Secretary

The corporate seal of THE SECRETARY


OF STATE FOR TRANSPORT is affixed
and is authenticated by:

[ ] (Print name of authorised signatory)


…………………………
Signature
Authorised by Secretary of State

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APPENDIX 2/6 DEFINITION OF DBFO CO RELATED PERSON

DBFO Co Related Person means:

(a) any agent, contractor or sub-contractor of the DBFO Co (in each case, in its
capacity as such);

(b) any director, officer, employee or workman of the DBFO Co or of any agent,
contractor or sub-contractor of the DBFO Co; or

(c) any person on or at any of part of the Site at the express or implied invitation
of the DBFO Co in relation to the Project, but for the avoidance of doubt
excluding:

(i) the Secretary of State;

(ii) any contractor, sub-contractor, officer, agent or employee of the


Secretary of State (other than any person referred to in paragraph (a)
or (b) of this definition) acting in the course of his office or
employment; and

(iii) Users,

and provided that any third party (excluding any person referred to in
paragraph (a) or (b) of this definition) who is on or at any part of the Site
pursuant to the DBFO Co' s performance of its obligations in relation to the
Road Space Booking Procedure shall not be deemed to be on or at the Site at
the express or implied invitation of the DBFO Co solely because of the DBFO
Co's performance of such obligations.

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APPENDIX 2/7 DARTFORD – THURROCK CROSSING MAJOR WORKS


OVERALL PROGRAMME

The Dartford – Thurrock Crossing Major Works Overall Programme is loaded


separately in file 1-1-5-a-ii Dartford Crossing EUD Incident Detection System, Works
Information Appendix 2-7 Dartford Global Programme.

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APPENDIX 2/8 CONSOLIDATED EUD WORKS PROGRAMME AND WEST


TUNNEL BAY BOOKING SCHEDULE

The Dartford – Thurrock Crossing Consolidated EUD Works Programme is loaded


separately in file 1-1-5-a-iii-b Dartford Crossing EUD Incident Detection System,
Works Information Appendix 2-8a – Consolidated EUD Works Programme

The Dartford – Thurrock Crossing West Tunnel Bay Booking Schedule is loaded
separately in file 1-1-5-a-iii-b Dartford Crossing EUD Incident Detection System,
Works Information Appendix 2-8b – West Tunnel Bay Booking Schedule

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APPENDIX 2/9 PERMITTED CLOSURE HOURS

The Permitted Closure Hours for the Tunnels are as follows:

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PERMITTED CLOSURE HOURS

Applicable Day / Nightime Nightime Nightime Nightime


Road Location Closure Daytime
Period Mon-Thurs Friday Saturday Sunday
A282 All
M25 Jct 30 - DRC 22:00 - 05:30 23:00 - 06:00 22:00 - 06:00 22:30 - 05:30
(N) Closures
Jan- Feb 20:30 - 05:30 21:00 - 06:00 20:00 - 05:00 20:30 - 05:30

DRC (Dartford All Mar - May 20:30 - 05:30 21:00 – 06:00 20:30 - 05:00 20:30 - 05:30
A282
River Crossing) Closures June - Sept 21:00 - 05:30 21:30 – 06:00 20:30 - 05:00 21:00 - 05:30
Oct - Dec 20:30 - 05:30 21:00 - 06:00 20:30 - 05:00 20:30 - 05:30
A282 All
M25 Jct 2 - DRC 22:00 - 05:30 23:00 - 06:00 22:00 - 06:00 22:30 - 05:30
(S) Closures

NOTES:

1. CLOSURE – Closure of tunnel to public access. OPENING – Opening of tunnel to public access.

2. Planned tunnel maintenance activities will usually be carried out on Thursday and Friday Nights. By prior agreement with the Tunnel
Manager, concurrent working may be permitted on one of these nights. (See Additional Clause 3, Programming and Hours of Work).

3. The Company reserves the right to vary the basic possession times if the urgent demands of overall tunnel operations, including the
weekly washing, so require. The Contractor shall check with the principal contractor’s Traffic Controller not earlier than 1700 hours
each day as to any restrictions applicable that night.

4. The Contractor shall ensure that at ‘handover of possession’ at the end of a shift that:
i) All plant and materials are removed from the tunnel.
ii) All road surfaces are clean and free of debris arising from the Works.
iii) The carriageway is free of obstructions and safe for public use.

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APPENDIX 2/10 TRAFFIC MANAGEMENT EMBARGO DATES

The Traffic Management Embargo Dates for the Tunnels are as follows:

Description Dates TM removed by TM embargo to

Easter Good Friday 22 April


2011
Monday 25 April
2011 06:00 Thursday 21 00:01 Tuesday 3
April 2011 May 2011
Royal Wedding Friday 29 April 2011

May Bank Holiday Monday 2 May 2011

Spring Bank Holiday Monday 30 May 06:00 Friday 27 May 00:01 Tuesday 31
2011 2011 May 2011

Summar Bank Monday 29 August 06:00 Friday 26 00:01 Tuesday 30


Holiday 2011 August 2011 August 2011

Christmas / New Monday 26


Year December 2011
Tuesday 27 06:00 Friday 23 00:01 Tuesday 3
December 2011 December 2011 January 2012
Monday 2 January
2012

Easter Good Friday 6 April


2012 06:00 Thursday 5 00:01 Tuesday 10
April 2012 April 2012
Monday 9 April 2012

May Bank Holiday Low key – no specific request for TM to be


Monday 7 May 2012
removed

Spring Bank Holiday Monday 4 June 2012


and Queen’s 06:00 Friday 1 June 00:01 Wednesday 6
Tuesday 5 June 2012 June 2012
Diamond Jubilee
2012

2012 Olympic and 27 July – 12 August


Paralympic Games 2012
TO BE CONFIRMED
29 August – 9
September 2012

Summar Bank Monday 27 August


TO BE CONFIRMED WITH OLYMPICS
Holiday 2012

Christmas / New Tuesday 25


Year December 2012
Wednesday 26 06:00 Friday 21 00:01 Wednesday 2
December 2012 December 2012 January 2013
Tuesday 1 January
2013

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APPENDIX 2/11 CONCURRENT WORKING PROCEDURE

PROCEDURE FOR CONTRACTORS WORKING IN DARTFORD TUNNELS

1. INTRODUCTION

This procedure outlines how more than one contractor will work in the same
tunnel at the same time without interfering with each other. It is intended to be
a guide to acceptable working methods for such situations.

It also outlines the protocols to be followed in booking sections of the Tunnel


for works for single contractor working.

2. PROCEDURE

1. This procedure shall apply whenever two or more contractors are


programmed to be carrying out works in the same tunnel at the same
time. Depending on programming up to five contractors can be
working in one tunnel at any one time.

2. To permit two or more contractors to work in the same tunnel at the


same time each tunnel will be divided into a number of sections
defined by reference to the EDPs (which are at approximately 50m
intervals, giving approximately 32 sections per tunnel). There will be
no specific limit on the number of sections to be occupied by an
individual contractor (see 4 below).

3. Two weeks before the programmed start of any works in the tunnel
the Contractor shall submit an application to the Project Manager,
copied to the principal contractor, specifying the sections of tunnel in
which he proposes to carry out works and the nature and duration of
those works.

4. No later than one week before the proposed start of the relevant
works, the Project Manager, having liaised with the principal
contractor, shall respond confirming whether or not the application has
been accepted. In determining whether or not to accept an application
and the sections of the tunnel to be occupied by an individual
contractor, the Project Manager shall take into consideration the
nature of the works being carried out by different contractors and the
number of contractors requiring to work in the tunnel.

5. The allocation of working areas in the tunnels shall be reviewed at


regular liaison meetings between the Project Manager, the principal
contractor and all other contractors programmed to work in the tunnel.
The Project Manager shall maintain a chart of the tunnels showing the
sections and their allocation to different contractors. This chart shall
be available at any time for inspection by individual contractors.

6. When two or more contractors are programmed to work in the tunnel,


each contractor shall mark their work-site for the sections of the tunnel
allocated to them by a suitable barrier at each end. Passage through
this work-site shall be controlled by the relevant contractor working in
that work-site.

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7. An emergency access route shall be maintained through the tunnel at


all times Only mobile plant shall be allowed in the emergency access
route and no unattended vehicles shall be left in the emergency
access route at any time. Whenever more than one contractor is
working in the same tunnel the emergency access route shall be used
as the access route by other contractors to their work-sites.
Movements through work-sites shall be minimised as much as
reasonably practicable.

8. Access for regular maintenance of fire hydrants, EDPs and cabling


should be provided within work-sites wherever possible and safe to do
so. If such regular tunnel maintenance can be carried out within a
tunnel closure then an additional weekly shift may be able to be made
available on some such occasions, by agreement with the Project
Manager, having liaised with the principal contractor.

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APPENDIX 2/12 MOTIVATING SUCCESS TOOLKIT GUIDANCE

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Motivating Success
A Toolkit for Performance Measurement
-Project Support Framework-

Version 1.02
PMP
1 Background
1.1 The Highways Agency’s Corporate Plan “Customers First” sets out our vision for the next five years and
beyond for providing a continually improving service to all our customers. In areas where we are not
delivering a service to customers directly this will require working in partnership with our Suppliers.
“Customers First” reasserts the importance of forming close working relationships with our Suppliers and
improving the way we measure and realise the benefits of all contracts.

1.2 “Delivering best value solutions and services to customers” – A Review of the Highways Agency’s
Procurement Strategy makes clear that measuring performance, learning the lessons and delivering
continual improvement are vital to the achievement of best value.

1.3 Maximising performance against Performance Indicators that are closely aligned to business objectives for
the lowest actual cost will help to ensure best value is achieved.

1.4 The Agency has made a strong commitment to long-term relationships with its Suppliers and we need to
ensure that the benefits of these relationships are maximised for all. Performance Management should be
used to underpin continual improvement within a collaborative working process.

1.5 In order to achieve continual improvement, we need to measure the performance of all of our contracts, as
well as our own performance and that of the supply-chain. This Toolkit gives guidance on the measurement
and management of performance.

1.6 The Toolkit is intended to be for use by those involved in delivering the Agency’s contracts and provides a
consistent method of performance measurement. Performance can then be analysed in a variety of ways
and action taken to drive continual improvement.

1.7 The Toolkit will be further developed into a web-based tool to improve the efficiency of the process.

1.8 The Toolkit needs to be subject to regular review to ensure that it reflects the current and future
requirements of the Agency.

Page 1
2 Areas of Performance 2.1 To allow Teams to consistently measure and manage the performance of their projects, the
Measurement following areas of measure have been identified:

• Product
• Service
• Right First Time
• Cost
• Time
• Safety
• Client Performance

These areas of measure are designed to capture a holistic approach to contract performance. The Areas have been
broken down into Performance Indicators, which are a balance of inputs and outputs and involve all key members of
the Team.

This area will measure how satisfied the Client is with the delivered product(s), i.e. what is being produced.
2.1.1 Product
This area will measure how satisfied the Client is with the service whilst the product is being delivered, i.e. how it is
2.1.2 Service produced.

2.1.3 Right First Time This area will measure the impact of re-working.
This area will measure aspects of cost control.
2.1.4 Cost
This area will measure aspects of time control.
2.1.5 Time
This area will measure aspects of safety.
2.1.6 Safety
The performance of the Agency in fulfilling its Client role under the contract will be measured using the 360 degree
2.1.7 Client Performance Supplier feedback report.

Page 2
3 Measurement and Management The measurement of performance is not the end of the process, merely the start. Throughout the delivery
of long-term contracts, teams should be looking to improve performance as their experience and capabilities
develop. The use of this Toolkit will allow performance to be measured and managed and help to ensure that
the benefits of longer term relationships are realised.

Where a Service Supplier is selected to advise the Highways Agency as part of another contract, the Service
Supplier will be measured as part of the Client Organisation under the Toolkit for Performance Measurement
for that contract (e.g. Major Projects).

Performance data will also be used to inform the process of selecting Suppliers and to help to
4 Selection deliver improved performance of Suppliers. The level of performance achieved by a Service Supplier will be
a key factor considered by the Local Framework Board when determining whether, and from whom, further
work under the contract should be commissioned.

If a situation arises whereby a Supplier’s performance is falling below acceptable standards, there may be
5 Poor Performance an immediate need to consider restricting their future tendering opportunities. If a Supplier’s performance
in relation to service provision, behaviours, or attitudes, cannot be resolved by the usual procedures, then
this should be reported to the Supply Chain Management Team who will take action as laid down in the
Poor Performance Penalty Procedure (this can be found on the HA Procurement WWW website).

Page 3
6 The Performance Measurement
The Integrated Team should
Process
agree the Performance
Requirements and identify
Performance Indicators

Agree frequency of reporting.


This period should either be at the
end of Task Order, at Key
Milestones or monthly as
appropriate.

Review performance against PIs Scores returned to Regional


in progress meetings. Supply Chain Representative for
recording.

The Integrated Team work


together to develop an
improvement plan.

The Client and / or the Supplier,


and /or the Integrated Team,
implements development actions.

Page 4
7 Principles of Performance The Improvement Cycle – Performance Management is a continuous process
Management

In Project Incorporate Toolkit into the


Contract Documentation

Provide training and roll-out

Measure current performance

Benchmark performance

Capture Best Practice and


Lessons Learnt
Disseminate
Best Practice
Set new, challenging (SMART)
targets

Procurement process Select Suppliers with best


performance records and
capability, for future work.

Performance measurement and management must be a continuous process throughout the life of the
contract. In the longer term, the Highways Agency will select its Suppliers based on performance.

Page 5
8 Contact the Performance If you have any query or comment regarding the use or development of this Toolkit please contact the
Measurement Policy Team Highways Agency Performance Measurement Policy Team.

Email: HA_PM_Team@highways.gsi.gov.uk

Page 6
1. Product Score Satisfaction 1.1 Identification of Key Task Objectives
10 Totally satisfied All aspects completed to entire satisfaction.
Objective:
8 Highly satisfied Most aspects to entire satisfaction, but some aspects were only nearly satisfactory.
To determine the overall level of 6 Just satisfied A few aspects to entire satisfaction, but some aspects were only nearly satisfactory, and some
client satisfaction with the unsatisfactory.
completed product. 5 Neither satisfied nor Neutral performance.
dissatisfied
4 Slightly dissatisfied Most aspects just unsatisfactory.
The headline Area of Measure has
been broken down into three PIs, to
2 Very dissatisfied Most aspects unsatisfactory, but one or two were just satisfactory.
reflect the Highways Agency’s
expectations from Suppliers. 0 Totally dissatisfied Totally dissatisfied.

Measure:

How satisfied the Project Leader is


with the finished product using a 0
to 10 scale.

Scoring:

The Performance Indicators should


have an equal weighting, totalled
together and averaged to give an
overall score for Product.

Page 7
1. Product Score Satisfaction 1.2 Selection and Provision of Resources
• Clearly defined Roles and Responsibilities, accountability and
(continued) deliverables
• Skills and Resources Identified to meet the Task Needs
• Successors/Support Identified

10 Totally satisfied All aspects completed to entire satisfaction.


8 Highly satisfied Most aspects to entire satisfaction, but some aspects were only nearly satisfactory.
6 Just satisfied A few aspects to entire satisfaction, but some aspects were only nearly satisfactory, and
some unsatisfactory.
5 Neither satisfied nor Neutral performance.
dissatisfied
4 Slightly dissatisfied Most aspects just unsatisfactory.
2 Very dissatisfied Most aspects unsatisfactory, but one or two were just satisfactory.
0 Totally dissatisfied Totally dissatisfied.

Page 8
1. Product Score Satisfaction 1.3 Meeting Task Objectives
10 Totally satisfied All aspects completed to entire satisfaction.
(continued)
8 Highly satisfied Most aspects to entire satisfaction, but some aspects were only nearly satisfactory.
6 Just satisfied A few aspects to entire satisfaction, but some aspects were only nearly satisfactory, and
some unsatisfactory.
5 Neither satisfied nor Neutral performance.
dissatisfied
4 Slightly dissatisfied Most aspects just unsatisfactory.
2 Very dissatisfied Most aspects unsatisfactory, but one or two were just satisfactory.
0 Totally dissatisfied Totally dissatisfied.

Page 9

2. Service Score Satisfaction 2.1 Management of External Relationships (to include)


• Highways Agency
Objective: • Other Consultants and Contractors
• Stakeholders and 3rd Parties
To determine the overall level of 10 Totally satisfied All aspects completed to entire satisfaction.
satisfaction with the service of the 8 Highly satisfied Most aspects to entire satisfaction, but some aspects were only nearly satisfactory.
Supplier.
6 Just satisfied A few aspects to entire satisfaction, but some aspects were only nearly satisfactory, and
some unsatisfactory.

The headline Area of Measure has 5 Neither satisfied Neutral performance.


nor dissatisfied
been broken down into three PIs, to
reflect the Highways Agency’s 4 Slightly dissatisfied Most aspects just unsatisfactory.
expectations from Suppliers. 2 Very dissatisfied Most aspects unsatisfactory, but one or two were just satisfactory.
0 Totally dissatisfied Totally dissatisfied.

Measure:

How satisfied the Project Leader


was with the service using a 0 to 10
scale.

Scoring:

The Performance Indicators should


have an equal weighting, totalled
together and averaged to give an
overall score for Service.

Page 10
2. Service Score Satisfaction 2.2 Management of Internal Relationships (to include)
• Sub-consultants
(continued) • Suppliers
10 Totally satisfied All aspects completed to entire satisfaction.
8 Highly satisfied Most aspects to entire satisfaction, but some aspects were only nearly satisfactory.
6 Just satisfied A few aspects to entire satisfaction, but some aspects were only nearly satisfactory, and some
unsatisfactory.
5 Neither satisfied Neutral performance.
nor dissatisfied
4 Slightly Most aspects just unsatisfactory.
dissatisfied
2 Very dissatisfied Most aspects unsatisfactory, but one or two were just satisfactory.
0 Totally dissatisfied Totally dissatisfied.

Page 11
2. Service Score Satisfaction 2.3 Health, welfare and development of Staff
10 Totally satisfied All aspects completed to entire satisfaction.
(continued) 8 Highly satisfied Most aspects to entire satisfaction, but some aspects were only nearly satisfactory.
6 Just satisfied A few aspects to entire satisfaction, but some aspects were only nearly satisfactory, and some
unsatisfactory.
5 Neither Neutral performance.
satisfied nor
dissatisfied
4 Slightly Most aspects just unsatisfactory.
dissatisfied
2 Very Most aspects unsatisfactory, but one or two were just satisfactory.
dissatisfied
0 Totally Totally dissatisfied.
dissatisfied

Page 12
3. Right First Time Score Satisfaction 3.1 Avoiding Defective Work
• Development and Operation of Quality Management System
Objective: • Level of Rework

To assess the impact on the Client 10 Totally satisfied All aspects completed to entire satisfaction.
of any re-working.
8 Highly satisfied Most aspects to entire satisfaction, but some aspects were only nearly satisfactory.
Measures: 6 Just satisfied A few aspects to entire satisfaction, but some aspects were only nearly satisfactory, and
some unsatisfactory.
The impact of re-working on time 5 Neither satisfied nor Neutral performance.
and cost. dissatisfied
4 Slightly dissatisfied Most aspects just unsatisfactory.
Scoring: 2 Very dissatisfied Most aspects unsatisfactory, but one or two were just satisfactory.

Using a 0 to 10 scale. 0 Totally dissatisfied Totally dissatisfied.

Page 13
4. Cost Score Satisfaction 4.1 Reliability of Forecasting
• Routine forecasting of Task Costs
Objective: 10 Totally satisfied Forecast monthly spend profiles are accurate to within 3%.

To measure aspects of cost control. 8 Highly satisfied Forecast monthly spend profiles are accurate to within 5%.
6 Just satisfied Forecast monthly spend profiles are accurate to within 8%.
5 Neither satisfied Forecast monthly spend profiles are accurate to within 10%..
The headline Area of Measure has nor dissatisfied
been broken down into two PIs, to 4 Slightly dissatisfied Forecast monthly spend profiles are accurate to within 15%.
reflect what the Highways Agency
expects from Suppliers. 2 Highly dissatisfied Forecast monthly spend profiles are accurate to within 20%.
0 Totally dissatisfied Forecast monthly spend profiles are inaccurate by over 20%.
Measure:

How satisfied the Project Leader


was with the service using a 0 to 10
scale.

Scoring:

The Performance Indicators should


have an equal weighting, totalled
together and averaged to give an
overall score for Cost.

Page 14
Score Satisfaction 4.2 Predictability of Cost
4. Cost • Initial Task Estimate
• Cost Control
(continued)
10 Totally satisfied Actual Cost is within –1% and +1 % of the Estimated cost.
8 Highly satisfied Actual Cost is within 1% and 3% the Estimated cost.
6 Just satisfied Actual Cost is within 3% and 6% the Estimated cost.
5 Neither satisfied nor Actual Cost is within 6% and 10% of the Estimated cost.
dissatisfied
4 Slightly dissatisfied Actual Cost is within 10% and 12% of the Estimated cost.
2 Very dissatisfied Actual Cost is within 12% and 15% of the Estimated cost.
0 Totally dissatisfied Actual Cost is more than + or -15% of the Estimated cost.

Performance (%) predictability cost =

Actual cost of Task Order – Target Cost of Task Order at Placement x 100
Target Cost of Task Order at Placement

Page 15
5. Time Score Satisfaction 5.1 Time Control
• Timely provision of reports and submissions
• Timely provision of forecasts and accruals
Objective:
• Programming, monitoring and control of activities
To measure aspects of time control.
10 Totally satisfied All aspects completed to entire satisfaction.
The headline Area of Measure has 8 Highly satisfied Most aspects to entire satisfaction, but some aspects were only nearly satisfactory.
been broken down into two PIs, to 6 Just satisfied A few aspects to entire satisfaction, but some aspects were only nearly satisfactory, and some
reflect what the Highways Agency unsatisfactory.
expects from Suppliers. 5 Neither satisfied Neutral performance.
nor dissatisfied
Measure:
4 Slightly Most aspects just unsatisfactory.
dissatisfied
How satisfied the Project Leader
was with the service using a 0 to 10 2 Very dissatisfied Most aspects unsatisfactory, but one or two were just satisfactory.
scale.
0 Totally dissatisfied Totally dissatisfied.
Scoring:

The Performance Indicators should


have an equal weighting, totalled
together and averaged to give an
overall score for Time.

Page 16
5. Time Score Satisfaction 5.2 Predictability of Time
10 Totally satisfied Actual time is between -1% and +1% of the Estimated time.
(continued)
8 Highly satisfied Actual time is within 1% and 3% of the Estimated time.
6 Just satisfied Actual time is within 3% and 6% of the Estimated time.
5 Neither satisfied Actual time is within 6% and 10% of the Estimated time.
nor dissatisfied
4 Slightly Actual time is within 10% and 12% of the Estimated time.
dissatisfied

2 Very dissatisfied Actual time is within 12% and 15% of the Estimated time.

0 Totally dissatisfied Actual time is more than + or - 15% of the Estimated time.

Performance (%) predictability time =

Actual time taken at End of Task Order – Estimated time of Task Order at Placement x 100
Estimated time of Task Order at Placement

Page 17
6. Safety Score Satisfaction 6.1 Management of Safety
• Staff Safety
Objective: • Compliance with CDM Regulations
10 Totally satisfied All aspects completed to entire satisfaction.
To measure aspects of Safety.
8 Highly satisfied Most aspects to entire satisfaction, but some aspects were only nearly satisfactory.

Measure: 6 Just satisfied A few aspects to entire satisfaction, but some aspects were only nearly satisfactory, and some
unsatisfactory.
How satisfied the Project Leader 5 Neither satisfied Neutral performance.
was with Safety aspects using a 0 nor dissatisfied
to 10 scale. 4 Slightly dissatisfied More aspects just unsatisfactory.
2 Very dissatisfied Most aspects unsatisfactory, but one or two were just satisfactory.
0 Totally dissatisfied Totally dissatisfied.

Page 18
Engineering and Construction Contract

APPENDIX 2/13 DARTFORD EUD INCIDENT DETECTION SYSTEM –


PERFORMANCE SPECIFICATION ADDENDUM

The Dartford EUD Incident Detection System – Performance Specification is loaded


separately in file 1-1-5-a-iii-b Dartford Crossing EUD Incident Detection System,
Works Information Appendix 2-8a – Performance Specification Addendum

Dartford EUD Incident Detection System 46 October 2010

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