9.3  New Roads and Streetworks Act (NRSWA)16

(a)  Without prejudice to clause 17.1 (New Roads and Streetworks Act) of the Contract and notwithstanding that the Service Provider and the Sub-Contractor do not constitute statutory undertakers for the purposes of NRSWA, in relation to the Installation and Removal of Apparatus which involves the breaking up or opening of the street or any sewer, drain or tunnel under it, or tunnelling or boring under the street the Service Provider shall:

(i)  implement traffic management safety and control measures required by the Code of Practice for Safety of Streetworks and Roads, issued by the Secretary of State pursuant to section 65(3) of NRSWA; and

(ii)  serve notices upon the Authority in accordance with this paragraph 9.3 in respect of such works in an electronic transfer of notices format using the ETON system;

(b)  Prior to carrying out such installation and removal, serve upon the Authority prior to the commencement of such works:

(i)  a seven day notice in respect of all works on non-traffic sensitive streets (as the same is defined in NRSWA); and

(ii)  a one month advance notice, followed by a seven day notice of the start date for such works on traffic sensitive streets.

(c)  All notices referred to in paragraph 9.3(a) & (b) shall comply with the requirements of section 55 of NRSWA, provided always that if the works referred to in this paragraph are not commenced within seven days of the date specified in such seven day notice, then the Service Provider shall serve a further seven day notice.

(d)  If the Authority responds to any notice served pursuant to paragraph Table 5 in paragraph 9.16 stating that works cannot be carried out at the time or during the period of time indicated in such notice, then the Service Provider shall reschedule the works and shall submit a further notice in accordance with such paragraph Table 5 in paragraph 9.16;

(e)  The Service Provider shall comply with any direction of the Authority given pursuant to section 56 of NRSWA.

(f)  The Service Provider shall serve on the Authority:

(i)  a works clear notice where temporary reinstatement (as the same is defined in NRSWA) has taken place; or

(ii)  a works close notice where permanent reinstatement (as the same is defined in NRSWA) has taken place,

no later than one (1) day after the date that the Service Provider returns the area where the works have been carried out to public use, such date to constitute the date upon which the six (6) Month guarantee period under NRSWA in respect of the reinstatement works.

(g)  Where the Service Provider does not complete the works specified in a notice pursuant to paragraph Table 5 in paragraph 9.16  served within the period set out in such notice, then the Service Provider shall as soon as reasonably practicable and in any event prior to the expiry of such time period, serve written notice on the Authority by means of the ETON system, giving reasons for the overrun and requesting an extension of time for the completion of works.  For the avoidance of doubt, section 74 of NRSWA shall not apply in respect of such failure to complete the works.

(h)  The Service Provider shall return to make permanent the temporary reinstatement, where a works clear notice has been served pursuant to paragraph 9.3(f) (i), within six (6) Months of the date of such notice and the Service Provider shall comply with the provisions of paragraphs Table 5 in paragraph 9.16  and 9.3(f) (ii) in respect of such permanent reinstatement.

(i)  The Service Provider shall serve notice on the Authority within two (2) hours of carrying out of Emergency Works (as defined in section 52 of NRSWA).

(j)  Where the Service Provider carries out Minor Works (as the same is defined in the Specification for Reinstatement and Opening of Highways (Second Ed, 2002)) other than in accordance with an Annual Investment Programme the Service Provider, shall serve:

(i)  a daily whereabouts notice upon the Authority where the street is non-traffic sensitive; and

(ii)  comply with the requirements of paragraph 9.3(f) (ii) where the street is traffic sensitive, as if such works were Standard Works.

(k)  Where the Service Provider carries out works following the identification of a serious structural defect (as the same is defined in the Code of Inspections (Second Ed, 2002) issued by the Secretary of State and the Highways and Utilities Committee), these shall be treated as urgent works and the Service Provider shall serve a notice upon the Authority:

(i)  where the street is non-traffic sensitive; within two (2) hours of commencing work; and

(ii)  where the street is traffic sensitive; at least two (2) hours prior to commencing work.

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16  Authority, The NRSWA requirements specific to the project should be reviewed and amended text should be inserted to suit. When amending the text reference should be made to the Performance Requirements within this PS6.