Discussion Topics Background Pre-Application/Environmental - - PowerPoint PPT Presentation

How does Transport Scotland ensure:

• The tender, contract, and procurement processes /

associated documents captures all of the environmental good practice and sensitivities explored at pre-application / environmental assessment stage.

• The successful contractor is then fully costing and aware
• f the constraints and opportunities during the

development of a construction project.

Discussion Topics

Background

• Pre-Application/Environmental Assessment Stage

Procurement

• Advertising the Requirement
• Prequalification Stage
• Tender Stage

Delivery

• Construction Stage

Pre-Application / Environmental Assessment Stage

DMRB Stage 1 – Preliminary Corridor Assessment DMRB Stage 2 – Route Options Assessment

DMRB Stage 3 – Preferred Scheme Assessment

Stage 3 Report – Outlines Preferred Scheme Environmental Statement

Publication of Draft Road Orders, Compulsory Purchase Orders and Environmental Statement

Design Manual for Roads and Bridges (DMRB)

Detailed environmental surveys inform Environmental Impact Assessment/ Environmental Statement/ Compulsory Purchase Order/ Road Orders

Environmental Assessment

Environmental Impact Assessment (EIA):

• gathers information about the environment of the area in the vicinity of the scheme and identifies

environmental constraints and opportunities that may influence or be affected by the proposed scheme;

• identifies and assess potential environmental impacts;
• identifies and incorporates measures into the scheme design and operation to avoid, reduce or offset

adverse impacts and enhance beneficial impacts; and

• assesses the residual affects of the scheme.

Example measures include:

• Creating and enhancing habitats through replacement of additional planting;
• Translocating important species;
• Bat boxes;
• Replacement Badger Setts and Otter holts
• Using mammal underpasses under the road and fencing to guide animals to the tunnels
• Including mammal ledges in new culverts
• Ensuring that culverts and watercourse realignments are constructed in accordance with best practice

guidelines

Publication of Draft Road Orders, Compulsory Purchase Orders and Environmental Statement 6 week statutory consultation Statutory Objections /Representations Publication of Road Orders /Compulsory Purchase Orders Procurement and Construction Public Inquiry

Procurement

So when does the Contractor first become aware of the environmental good practice and sensitivities?

Advertising the Requirement

• Prior Information Notice (PIN)
• Pre-Market Engagement

(“Information Day”)

• Pre-Invite Brief
• Contract Notice or Website Notice

Notice (“Advert”)

For ‘2015 Regulated Procurements’ contracts it is required to advertise the requirement on the Public Contracts Scotland portal (http://www.publiccontractsscotland.gov.uk/Default.aspx) and in the Official Journal of the European Union (OJEU) by way of a ‘Contract Notice’. For ‘2016 Regulated Procurements, it is required to advertise the requirement by way of a ‘Website Notice’, a shortened less detailed notice, on the Public Contracts Scotland portal. The notice is effectively an advert for the requirement, to enable potentially interested contractors to obtain a brief idea of what the contract entails and further decide if they want to express an interest. In all regulated procurements along with the Notice, should be issued a ESPD and where appropriate a Supplementary Information Document.

Supplementary Information Document

The old Prospectus document is no longer used, and all information is now required to be detailed in the Contract Notice. However, due to restrictions on word count within the Contract Notice, it was agreed with the European Commission that a Supplementary Information Document could be uploaded for highly technical procurements.

Environmental Aspects – Example from A9 Dualling: Luncarty to Pass of Birnam One of the main considerations has been the need to avoid or reduce the potential for adverse effects on the environment. Key considerations included:

• Designated sites – including River Tay SAC, Cairnleith Moss SSSI and Mill Dam SSSI;
• Cultural Heritage – listed buildings, archaeological sites and historic landscapes;
• Protected species (otters, Atlantic Salmon and Lamprey, bats, etc.)
• Woodlands – including Gelly Wood and parts of Murthly Estate;
• Landscape – low-lying agricultural farmland, undulated hillsides, watercourses, heathland and woodlands;
• Properties – Bankfoot, Luncarty and isolated rural properties;
• Access – various cycleways and paths and other recreation areas.

An Environmental Impact Assessment (EIA) of the proposals has been undertaken, with environmental constraints and issues identified and incorporated into the decision making process. Transport Scotland has published an Environmental Statement, which reports the findings of the EIA and is available on Transport Scotland’s website at the following location: http://www.transport.gov.scot/project/a9- luncarty-pass-birnam. The appointed contractor shall be required to ensure that the design, construction, completion and maintenance of the works take account of all measures necessary to protect the environment in accordance with current legislation and the contract.

Notice – Key Sections

• II.1.4) Short description
• II.2.4) Description of procurement
• II.2.9) Information about the limits on

the number of candidates to be invited (“selection criteria”)

• III.1) Conditions for participation
• III.1.3) Technical and professional ability

Does the contractor have the minimum levels of ability to perform the contract?

Prequalification (Selection) Stage

ESPD

The ESPD is a generic document, used across all EU Members States, from which the ESPD (Scotland) has been developed. This means that the questions in the ESPD (Scotland) cannot be amended and new questions cannot be added. Procurement Officers must set out the specific requirements, the relevant exclusion grounds and the minimum standards that are relevant for the procurement exercise in the Contract Notice. It:

• provides economic operators with the opportunity to demonstrate to the Scottish Ministers that they satisfy

the required levels of economic and financial standing or professional and technical ability in respect of the Contract;

• allows economic operators to describe their relevant experience on previous projects; and
• provides the Scottish Ministers with comparable information about each of the economic operators in a

consistent and structured manner. Ensures that bidders:

• do not fall within a ground for exclusion (or, if they do, they can demonstrate that they have taken self-

cleansing measures);

• meet the relevant selection criteria
• (where applicable) fulfil the objective rules and criteria for reduction of candidates.

Selection Criteria

Minimum Standards of Eligibility - Satisfied the relevant selection criteria under the exclusion grounds (Has the bidder, to its knowledge, breached its obligations in the fields of environmental law?); and provided evidence of working on specified types of projects over a specified value (Within the last 5 years have you constructed piling works near or within an environmentally sensitive watercourse of a value of at least GBP 100k?). Technical or Professional Ability Provided evidence demonstrating an acceptable level of technical or professional ability (provide details of approach on minimising and mitigating the impact of construction works on the environment, inc. details of specific mitigation measures adopted; and how the effectiveness of these measures was assessed); has in place quality, environmental and health and safety management systems (BS EN ISO 14001:2015 (Environmental Management Systems) ; Other accredited or Own non- accredited management system).

Selection

Subject to the Contractor, having:

• satisfied the relevant selection criteria under the exclusion grounds;
• provided evidence of working on specified types of projects over a specified value;
• provided evidence demonstrating an acceptable level of technical or professional ability;
• in place quality, environmental and health and safety management systems;
• in place appropriate sustainability measures which attribute significantly to the requirement;
• satisfied minimum standards of economic and financial standing;
• appropriate experience under Health and Safety Legislation.

And having achieved one of the highest combined weighted scores in respect of technical or professional ability, they are invited to tender.

Tender Stage

How does the Contractor intend to perform the requirement and at what price?

Tender Documents

Generally split into different sections these describe the scope of the works; describe the liabilities and responsibilities of the contracting authority and the contractor; provides a vehicle for pricing and for price comparison; provide a means of valuing the work done and of pricing variations; and to provide a guarantee to the client of satisfactory completion. Standard tender documents include:

• Invitation to Participate / Invitation to Tender
• Conditions of Contract / Terms and Conditions
• Bill of Quantities / Schedule of Rates / Comparative Cost of Tender
• Specification / Scope of Works
• Employer’s Requirements
• Form of Tender

Environmental Assessment documents are provided and typically include, the:

• Environmental Statement
• Record of Determination
• Habitats Regulations Appraisal
• Appropriate Assessment

Employer’s Requirements

A9 Dualling: Luncarty to Pass of Birnam - Example Key clause in relation to compliance with Environmental Statement and Mitigation Delivery in Employers Requirements, Part 1:

• 3.5.1 The Design shall comply with the published Made Statutory Orders and the like and the

Environmental Assessment Documents incorporated into Appendix S and Appendix Q in Part 3 respectively. 3.5.1.1 The design may be refined, and will still be deemed to comply with the Environmental Assessment Documents provided that such refinements are subject to an environmental review documenting that the effects would be no worse than those reported in the Environmental Assessment

• Documents. Such environmental reviews would be subject to approval by the Employer. The

environmental review must provide an assessment of design differences, using the same approach as the Environmental Assessment Documents; identify the significance of all changes in environmental impact compared with the impacts identified in the Environmental Assessment Documents; and identify all changes in mitigation measures required to reduce the impact of the proposed changes.

• Additional detailed requirements are captured in 4.4 Environmental Criteria (4.4.1 General Requirements,

4.4.2 Indicative Landscape and Planting Works Drawings, 4.4.3 Qualified Professional Assistance, 4.4 4 Environmental Design and Mitigation, 4.4.5 Scheme Specific Landscape Design Requirements, 4.4.6 Protective Measures for Existing Vegetation, 4.4.7 Landscape and Earthworks Design Requirements, 4.4.8 General Earthworks/Landform Design Requirements, 4.4.9 Planting Design, 4.4.10 Landscape Design Implementation, 4.4.11 Landscape Maintenance, 4.4.12 Scheme Specific Environmental Requirements).

Employer’s Requirements

A9 Dualling: Luncarty to Pass of Birnam - Example

• DMRB Volume 4, Geotechnics and Drainage;
• DMRB Volume 10, Environmental Design;
• DMRB Volume 11, Environmental Assessment;
• Watercourses in the Community, A Guide to Sustainable

Watercourse Management in the Urban Environment, SEPA, June 2000;

• Ponds, Pools and Lochans, Guidance on Good Practice in

the Management and Creation of Small Water Bodies in Scotland, SEPA, June 2000;

• British Standard Institute (BSI) Code of Practice for General

Landscape Operations (excluding hard surfaces) (BS 4428);

• BSI Code of Practice for Earthworks (BS 6031);
• BSI Trees in relation to design, demolition and construction
• Recommendations (BS 5837);
• BSI Biodiversity – Code of Practice for Planning and

Development (BS 42020);

• Pollution Prevention Guidelines (PPGs), SEPA, various

dates;

• Guidance for Pollution Prevention (GPPs), SEPA, various

dates;

• Assigning Groundwater Assessment Criteria for Pollutant

Inputs, Position Statement WAT-PS-10, August 2014;

• Engineering in the Water Environment Good Practice

Guide, Temporary Construction Methods, SEPA, March 2009;

• Guidelines for Landscape and Visual Impact Assessment

published by the Landscape Institute and the Institute of Environmental Management and Assessment (Third Edition, 2013);

• Fitting Landscapes: Securing more Sustainable

Landscapes, published by Transport Scotland, March 2014;

• River Crossings and Migratory Fish: Design Guidance

published by the Scottish Executive, February 2012;

• Scotland's Biodiversity: It's in Your Hands - A strategy for

the conservation and enhancement of biodiversity in Scotland published by the Scottish Executive, 2004;

• 2020 Challenge for Scotland’s Biodiversity - A Strategy for

the conservation and enhancement of biodiversity in Scotland published by the Scottish Executive, 2013; and

• Scotland’s Native Trees and Shrubs – A Designer's Guide

to their Selection, Procurement and Use in Road Landscape, published by Scottish Executive, June 2002.

4.4.4.1 Environmental design and mitigation. Environmental mitigation measures and the Design shall be implemented … in accordance with current best practice guidelines including, but not limited to, the following:

Works Information

A9 Dualling: Advance Works Framework Agreement - Example

Key Environm nment ntal al Commit itments ents: Environmental mitigation measures that should be considered and implemented by the Contractor during construction works are given in the A9 Dualling: Luncarty to Pass of Birnam Environmental Statement, Chapter 20 - Schedule of Commitments, which is available on the Transport Scotland web-site (www.transport.gov.scot/publication/draft-orders- compulsory-purchase-order-and-environmental- statement-luncarty-to-pass-of-birnam-a9-dualling/). An extract of the “Schedule of Commitments”, specific to the demolition of Ladner Cottage, is given below. Designat ated Sites: There are no environmentally designated sites in the locality of Ladner Cottage, as shown on drawing B1557602/DD/2604/001. Details of environmental sites and restrictions are included in the A9 Dualling: Luncarty to Pass of Birnam Environmental Statement (Volumes 1, 2 & 3), which is available on the Transport Scotland web-site (www.transport.gov.scot/publication/draft-orders-compulsory-purchase-order-and- environmental-statement-luncarty-to-pass-of-birnam-a9-dualling/). There is potential for archaeological remains in the vicinity of Ladner Cottage. Bat Surveys: : Ladner Cottage has been identified as a Category 2b structure with medium to low potential for bat roosts. The Employer has coordinated a bat survey with a licensed bat specialist and bat roosts have been removed and the property secured. Adjacent woodland within the “Land Made Available” has also been surveyed and all known bat roosts removed. Mitig igation n Item Chainag ainage / / Locat ation Timing ing of measure ure Descrip iption Land ndscap ape e Mitig igat ation ion Specific Mitigation - Open Farmland LCT - Bankfoot LLCA L14 Ladner Scheme Design Construction Replacement of mixed and scrub woodland on embankments and cuttings along road corridor. Mixed and scrub woodland planting around revised junction and new structures. Grading out of embankment slopes for new bridge embankments and Luncarty link road. Introduction of species rich grassland on embankments and SUDS ponds. Introduction of specimen trees to reinstate field structure, particularly north of Rosevale House and along Stanley Link Road. (Refer to Figures 11.1 and 11.2a-e).

Dialogue

Under Competitive Dialogue, before suppliers are invited to tender, they are invited to participate in dialogue the aim of which is to identify and define the means best suited to satisfying the needs of the client. This stage enables the contracting authority to engage with the suppliers and talk around solutions, develop ideas and explore options. All aspects of the project can be discussed (including contract terms, technical requirements, service levels, quality systems, environmental constraints, etc.) by way of formal presentations, round the table discussions or more formal written clarifications. This stage in the competition allows the greatest flexibility and as such should continue until the contracting authority is satisfied that it has identified and defined its requirements with sufficient precision to enable tenders which fully meet their requirements to be submitted.

Consult and Comply

The Contractor shall consult and comply without limitation with the requirements of those

• rganisations identified.

Example: Part 1, Employers Requirements – General Requirements

The Contractor shall consult and comply with the requirements of

• Scottish Environment Protection Agency (SEPA) in connection with complying with the requirements of the Water Environment

(Controlled Activities) (Scotland) Regulations 2011 (“CAR”) and The Water Environment (Miscellaneous) (Scotland) Regulations 2017, and with respect to obtaining the necessary Permissions and the like to enable the Design, construction, completion and maintenance of the Works. Contact details are provided in Section 3.2 of Part 2.

• The Contractor shall also provide a copy of the relevant Permissions and the like as required under CAR and The Water

Environment (Miscellaneous) (Scotland) Regulations 2017 to the Engineer prior to commencement of the relevant Design, construction, completion and maintenance of the Works.

• The Contractor shall consult and comply with the requirements of the relevant local authority environmental standards department

in connection with working hours and the control of noise and vibration. Contact details are provided in Section 3.2 of Part 2.

• The Contractor shall provide the Engineer with the completed Consultation Certificate(s) in accordance with the Certification

Procedure.

Quality Questions

Examples

Comprehension of risks associated with the works: This should describe the Tenderer’s comprehension of the risks associated with the works detailing:

• the Tender’s understanding of the potential risks

associated with the construction of each Model Works Package;

• how the Tenderer will work efficiently and effectively

with the Employer to mitigate and manage all risks; and

• in particular how the Tenderer will manage health,

safety and environmental risks on each Model Works Package efficiently and effectively. Landscape and Environment The area in which the project is located is predominantly pastoral and arable farmland, with well- maintained old stone walls and hedgerows. Numerous watercourses run through and around it, the largest being the River Garnock. The Participant shall describe what measures it shall put in place to ensure that the project will be in keeping with the local environment, will protect sensitive habitats and species, and will enhance the distinct local landscape character, as described within the Stage 3 Environmental Statement.

Evaluation Description Score Inadequate The Submission provides insufficient or generic/unclear information, fails to demonstrate an understanding of all or some of the key Project requirements or fails to meet the requirements of the Invitation Documents. 0-2 Adequate The Submission provides sufficient information, demonstrates an acceptable and sufficiently robust understanding of the key Project requirements, and meets the requirements of the Invitation Documents however has some limited deficiencies and/or requires further development or clarifications. 3-5 Good The Submission meets, and exceeds, in some parts, the requirements of the Invitation Documents. The Submission provides a high level of information, demonstrates a good understanding of the key Project requirements and appears to be comprehensive and robust. 6-8 Excellent The Quality Submission meets, and exceeds in all or most parts, the requirements of the Invitation Documents. The Submission provides a very high level of information, demonstrates an excellent understanding of the key Project requirements and provides a fully comprehensive and robust approach. 9-10

Construction Stage

Typical measures implemented during construction to reduce impacts:

• Using best practice construction techniques and following pollution prevention guidelines
• Sensitive timing of construction activities, e.g. to avoid breeding seasons
• Using acoustic deterrents during key construction periods to discourage sensitive species from entering the

area

• Programming of works to minimise the disruption period
• Appropriate design or screening to reduce noise and visual impacts around construction compounds
• Control dust generation and dispersal
• Management plans for air pollution, noise and vibration control

Similarly, during construction, an extra layer of checking is provided through the supervision of the works, employing an an Ecological Clerk of Works (ECoW) to supervise the works, conducting reviews and sign-offs of NEWT (Not Environmentally Worse Than) Reports for design revisions.

Good Practice

Continuity of Environmental Specialists involvement at all stages. On the recent Luncarty to Pass of Birnam project, the EIA Coordinator and specialists (e.g. Landscape and Noise) are involved in drafting of the Employer’s Requirements and participate in dialogue process, tender reviews and site monitoring during

• construction. .

Code of Construction Practice. Adopted on the FRC contract to ensure that construction impacts on people and the environment will be suitably reduced or avoided. Presentations at various stages emphasizing environmental sensitivities and key mitigation for the scheme e.g. at Industry Day, at the commencement of dialogue period and contract award. Separating out specific items. A separate plant supply contract from the main contract – guarantees good quality plant supplies of appropriate provenance for landscape and ecology mitigation. This was used very effectively on Forth Replacement Crossing, where this enabled advance planting to be completed early in some

• areas. Given the large quantity required on some projects e.g. Forth, A9, this can be advantageous avoiding

contractors facing shortages of supply and challenges to obtain stock in the timescales required. Contract Documents. Standardisation of contract documents, which are clear and concise, such that contractors know specifically where to look for specific items or adoption of standard forms (NEC4). Quality Questions. Higher weighting and less on price.