Key information for developers

Warwickshire County Council

S278 Highway improvement schemes key information for developers

Introduction

The technical review of the S278 highway works associated with your development will be progressed by the S278 Team in Engineering Design Services.

We would be happy to arrange to meet with you to discuss your scheme further. To do so, please contact s278teamenquiries@warwickshire.gov.uk in the first instance. In the meantime, you may find the following information of interest about our process.

Technical review

The design for the highway works must be subject to a technical review by the Council’s engineers. The purpose of this review is to ensure that the scheme is suitable for the Council’s highway network.

Types of S278 agreements

  1. Tendered - works tendered by WCC using the NEC form of contract to contractors on WCC Construction Contracts Framework (CFC) -with option for developer to nominate the NEC Project Manager (PM)
  2. Developer Let - works tendered by developer, preferably using the NEC form of contract to contractors on WCC’s Construction Contracts Framework (CFC)
  3. Highway Maintenance Contract - works managed by WCC using WCC’s Highway Maintenance Contract (HMC)
  4. Temporary Works – works carried out by a developer, minor in nature or preliminary to a permanent s278 scheme.

Tendered Agreement

With the use of the tendered S278 Agreement, the S278 works on the highway network must be procured by the Council through the CFC.

Once technical review has been completed, the tender documents will be prepared by the Council’s engineers using the information provided by your design team and the tender will be advertised to the relevant contractors on the CFC.

For the site phase of the scheme there are two options available for the contract administration element:

  • Option 1, the Council’s engineers undertake wholly the construction supervision and contract administration.
  • Option 2, the Developer can appoint their own NEC PM to manage the commercial aspects of contract administration through the construction phase, albeit with some decisions needing the Council’s prior approval. The site supervision fee estimates will be provided, based on the option chosen.

Developer Let Agreement

With the use of the Developer Let Agreement, the S278 construction works on the adopted highway are carried out by a contractor appointed direct by the developer. The developer will undertake the procurement process to engage the contractor. The Council’s preference would be for the developer to engage a contractor off the Construction Framework Contract for these works. In any case, the Council will need to review any proposed contractor not on the CFC.

Please note: The use of this Agreement will require approval by senior management and will not be available for works at certain locations on WCC’s highway network. For example, request for this Agreement will be refused if the works are located in traffic sensitive areas. Also, the performance of the developer and contractor on previous Developer Let schemes will be considered in the decision-making process.

Highway Maintenance Contract Agreement

With the use of the HMC Agreement, the S278 construction works on the adopted highway are carried out by WCC’s Highway Maintenance Contractor.

Temporary Works Agreement

With the use of the Temporary Works Agreement, the minor or preliminary S278 construction works on the adopted highway are carried out by a contractor appointed direct by the developer. The developer will undertake the procurement process to engage the contractor. The Council’s preference would be for the developer to engage a contractor off the Construction Framework Contract for these works. In any case, the Council will need to review any proposed contractor not on the CFC.

The construction (design and management) regulations 2015

The submission for technical review shall include details of the Principal Designer (PD) for review by the Council. The PD shall remain in place until the works are taken over by the Council.

Fees

An application fee of £2000 is chargeable on all applications. The fee will be reviewed annually and updated on 1 st April.

Estimated fees will be provided for all further phases of the of the S278 process. The estimated fees are payable in advance of WCC commencing or continuing work on the application. The fee estimates are based on our previous experience with schemes of a similar size, but please note that our actual costs will be charged.

Prior to WCC taking over maintenance of the works in its entirety, any overpayment will be refunded to you, and any outstanding balance will become payable by you.

We will need a general arrangement drawing in .DWG format in order to prepare our estimate.

Timescale

It is difficult to give any indication of timescales for each of the phases; however, we will work closely with you to understand the aspirations for a start on site. The main determining factor though is the quality of the information provided by your design team for the technical review phase.

Contact details

Please email the S278 Team Enquiries inbox s278teamenquiries@warwickshire.gov.uk if you wish to discuss further the process of delivering S278 highway improvements.

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