This is an HTML version of an attachment to the Freedom of Information request 'Busway defect list'.

 
                                       Agenda Item No: 9  
CAMBRIDGESHIRE GUIDED BUSWAY  
To: 
Cabinet 
Date: 
16th March 2010 
From: 
Executive Director: Environment Services 
 
Electoral divisions: 
The Hemingfords and Fenstanton, St Ives, Papworth and 
Swavesey, Willingham, Cottenham, Histon and 
Impington, Waterbeach, East Chesterton, King's Hedges, 
Petersfield, Trumpington, Gamlingay. 
 

Forward Plan ref: 
Not applicable  
Key decision:  No 
Purpose: 
This report sets down for consideration by Cabinet, the 
current position in respect of delivery of the Guided 
Busway scheme and in particular, the reasons for the 
delay in opening and the actions that the Council is 
taking to achieve delivery.  It is presented at this time to 
ensure that Cabinet and the public have a full 
understanding of the current issues in relation to the 
scheme and how these are being addressed. 
 

Recommendation: 
Cabinet is asked to note the contents of the report and 
the actions that are being taken to secure delivery of the 
scheme

 
 
Officer contact: 
 
Member contact: 
Name: 
Bob Menzies 
Name: 
Councillor Roy Pegram 
Post: 
Head of Delivery 
Portfolio: 
Growth and Infrastructure 
Cambridgeshire Guided Busway 
 
Email: 
xxx.xxxxxxx@xxxxxxxxxxxxxx.xxx.xx 
Email: 
xxx.xxxxxx@xxxxxxxxxxxxxx.xxx.xx 
 
Tel: 01223 
717866 
Tel: 699173 
 


 
 
1 BACKGROUND 
 
1.1 
The Cambridgeshire Guided Busway (CGB) was approved for delivery 
following a lengthy Public Inquiry under the Transport and Works Act 
(TWA) by the Council on 18th July 2006.  Government approval of 
£92.5m of funding had been granted in June 2006 and a contract was let 
to BAM Nuttall (BNL) in July 2006.  (Note, this was five weeks and four 
days later than originally expected in the contract discussions as a result 
of a later than expected award of the Government funding). 
 
1.2 
At the time the contract was let, the total cost of the scheme was set at 
£116.2m.  This included a design and construction cost from the 
contractor (£87m) as well as land costs, site supervision and project 
management.  The balance between the total scheme cost and the 
government money was agreed to be made up by developer 
contributions, both negotiated and to be negotiated, from key sites along 
the route of the busway, principally Northstowe, Arbury Park (now 
Orchard Park),  and Cambridge Southern Fringe. 
 
1.3 
The contract was originally intended to run for a total of 132 weeks from 
23 June 2006 meaning that the full CGB scheme should have been 
delivered by 01 January 2009.  The intention at the time of letting the 
contract was to open both the northern (St Ives to Cambridge) and 
southern (Cambridge rail station to Addenbrooke's Hospital and the 
Trumpington Park and Ride site) at the same time.  The programme from 
the contractor reflected this.  
 
1.4 
Since the contract was let, it has become increasingly clear that delays in 
scheme delivery have been building up and the contractor has been 
falling behind programme.  An adjustment to the completion date was 
given to move this from 01 January 2009 to 23 February 2009 as a result 
of the five week four day delay to the award of contract noted above, plus 
an allowance for the Christmas Holiday period.     
 
1.5 
The Council has worked with the contractor initially to try to speed up 
delivery and then to agree a re-phasing of the works so the contractor 
could focus on delivery of the northern section in the hope that at least 
part of the overall scheme could be made available for public use.  Since 
then, a number of opening dates have been announced by the Council 
and, because the works on site had not been completed, these have not 
been met.  The most recent of these was a proposed opening of the 
northern section of the scheme at the end of November 2009 which again 
was not achieved due to the contractor not completing all of the required 
works. 
 
1.6 
Public interest in when the scheme will open and particularly, what are the 
issues between the Council and the contactor has been mounting over 
this time.  The Council has worked hard to try to resolve these issues with 
the contractor during this period, but so far, without success.  The scheme 
is now substantially complete, but the remaining works to be done (as will 
be described in detail in the following sections) are preventing it from 


 
coming into use - in the Council's view, these issues are the responsibility 
of BNL.   
 
1.7 
Recently, there has been increasing disquiet amongst Councillors and the 
public arising from the delays and increasing costs, as exemplified in the 
recent motion by South Cambridgeshire District Council seeking a full 
explanation of the current situation. This report therefore documents the 
current issues between the Council and the contractor and the efforts that 
are being taken to resolve them. 
 

THE FORM OF CONTRACT 
 
2.1 
The contract with BNL is a Target Price contract under the Institution of 
Civil Engineers New Engineering Contract (NEC) framework.  This means 
that at the point of letting the contract, a Target Price for the works 
required by the Council is agreed.  This Target Price can be varied up or 
down by what are termed Compensation Events, which usually take the 
form of changes to the scheme specification or works requirements or 
events not expected when the contract was signed.  During the course of 
the contract, the Contractor is paid its Actual Cost including the quoted 
Fee less a Retention of 5%. 
 
2.2 
At the end of the contract, the Contractor is paid (or in this case pays) its 
share of the difference between the final total of the Target Price and the 
final Actual Cost including Fee in accordance with the Incentive Share 
formula in the contract. If the final Actual Cost is greater than the Target  
Price, the Contractor pays its share of the difference to Cambridgeshire 
County Council (CCC). CCC’s share is capped at 4.75% of the Target 
Price, which on the current target price is £4.13 million.  This is referred to 
as the pain/gain share mechanism.   
 
2.3 
The contract works on an open book basis and the Council has full 
access to information regarding costs and payments that the contractor is 
making. 
 
2.4 
In letting the contract as design and build, the Council sought to transfer 
most risks such as adverse weather and other events that could 
significantly impact on the cost of the works to the contractor.  The 
purpose of this was to try to ensure the price the Council has to pay for 
the works is as close as possible to the price it expected given the budget 
constraints of fixed funding streams.  
 
2.5 
The operation of the pain/gain mechanism is on a sliding scale such that 
should the contractor over spend, he takes a greater proportion of that 
overspend the higher it is.  There is also a mirror of this arrangement for 
underspends.  At the originally agreed target price and assuming it does 
not change, the maximum amount of any overspend that the Council 
could be responsible for would be £4.13m.  Appendix 1 shows how this 
sliding scale works.  The original forecast of total cost of the scheme of 
£116.27m included a risk allowance of £5m.   
 
2.6 
The NEC contract is widely used in civil engineering contracting and 
particularly for example, by the Ministry of Defence and the Highways 


 
Agency; and is endorsed by the Office for Government Commerce.  The 
main advantage of the contract is that it should incentivise efficient 
delivery on the part of the contractor.  If he overspends, there is an 
escalating penalty as a result.  Should he under spend, he can take an 
escalating proportion of the savings made. 
 
2.7 
The contract the Council has with BNL is for design and construction of 
the busway.  The Council employs Atkins as its consultant to administer 
the contract and to act on its behalf in checking designs produced by the 
contractor.  Atkins also inspect final works when they are indicated as 
being complete by the contractor to ensure they meet the specification 
that we have set and are in accordance with designs submitted by the 
contractor.  Within the contract, there is a formal role of Project Manager.  
This person, who is employed by Atkins but paid for by the Council as part 
of the overall project costs, is charged with administering the contract in a 
fair and equitable way. 
 
2.8 
When the inspections of completed works take place, there is a formal 
process for notifying if there are any problems with the guideway or 
associated infrastructure as built.  Any minor points that need rectification 
are flagged up to the contractor.  For the purpose of this report these are 
referred to as snags.  More significant issues are termed defects and 
there is a formal process for notification, by the Project Manager, of defect 
items with the contractor.  To be a defect under the contract, an item must 
have been built or information must have been provided in a way that 
means it does not conform with what is termed the Works Information - 
essentially, the specification the Council gave the contractor for the 
busway or the performance of the infrastructure that was expected. 
 
2.9 
The contract envisaged that both sections of the busway would be 
completed and opened at the same time.  When it became apparent that 
construction was running late, it was agreed that BAM Nuttall would 
complete the northern section first.  This required a modification to the 
contract to allow for sectional completion. The current problems regarding 
the point where it will be possible to bring the busway into operation 
revolves to a large extent around a number of defect items and how they 
are dealt with in the sectional completion agreement.   
 
2.10  There are clauses in the contract that the Council has with BNL that 
govern how any items flagged up as defects should be addressed.  
Essentially, if the Project Manager, on behalf of the Council, raises an 
item as a defect, the contractor is obliged to put that defect right prior to 
completion of the scheme or if not by completion, then within four weeks 
of completion.  If defects are not concluded within this four week period, 
the Council has the right to step in and do the works itself and deduct the 
cost from future payments to BNL or the retention sum held by the 
Council.  This action can, however, only occur once the scheme is 
complete and handed over.  Before then, the Council needs to work with 
the contractor to secure resolution of the defects. 
 
2.11  BNL have indicated that they are not prepared to agree to the contract 
defect provision applying to sectional completion but have also indicated 


 
that they would not hand over the northern section of busway with any 
outstanding notified defects.   
 
2.12  The particular problem that the Council faces at present is that the 
contractor is not accepting that all the items notified by the Project 
Manager are defects and so they are not being addressed.  Essentially 
therefore, the move towards an opening of the scheme is paralysed 
because the contractor is not addressing issues they are required to 
under the contract and is not prepared to allow the four week defects 
rectification clause noted above to kick in, because they are not prepared 
to hand over the northern section of the busway with those notified 
defects outstanding.   
 
2.13  Under the terms of the contract, the contractor would be paid the actual 
cost of rectifying these defects, but assuming they were upheld as defects 
through any actions to finally determine the issues between the Council 
and BNL, that cost would be recovered by the Council.  We understand 
that the contractor’s reasoning for not addressing these issues is that they 
believe they are not defect items.  This is important in terms of the 
contractual dispute that the Council has with BNL because works to rectify 
matters that are not defects would result in an upward adjustment of the 
target price which would benefit the contractor by increasing the payment 
they receive under the contract. 
 
2.14  Although superficially attractive, the Council has no right to simply take 
over the northern section of the busway unless it is prepared to take on 
the liability of the uncorrected defects, a position that is unacceptable. 
 

OPERATION OF THE CONTRACT / CURRENT POSITION 
 
3.1 
Since the start of the contract, a significant number of Compensation 
Events have been notified by the contractor and the Council have also 
issued some.  If these are agreed as Compensation Events then as noted 
above, when valued, these can move the target price upwards or 
downwards.  Despite the significant number of Compensation Events that 
have been lodged, the target price is currently little changed from its level 
at the start of the contract. 
 
3.2 
Conversely, there has been a significant change in the actual cost of 
building the busway.  The contractor provides a quarterly forecast of the 
total cost of construction, this has reached £145 million, including 
statutory undertaker’s costs, which form part of the target price 
calculation.  This is considered excessive, but officers’ own estimate, 
based on expenditure to date and the contractor’s current programme are 
that construction costs, including statutory undertakers, could be as much 
as £140 million.  The Council believes this could be reduced if works are 
undertaken efficiently and the issues contained in this paper addressed 
swiftly to allow completion of the northern section of the route.  On the 
other hand, these costs could rise further if the delivery of the scheme is 
significantly further delayed.    
 
3.3 
The total scheme costs include land and project management.  Allowing 
for these costs and the deduction of the normal 5% retention payments 


 
from the construction cost, then expenditure on the scheme is forecast to 
peak at £161 million prior to the repayment by the contractor of the pain 
share.  
 
3.4 
The cause of these increased costs is central to the disagreement 
between the Council and BNL.  The Council believes that the additional 
costs are the responsibility of the contractor given the risk transfer that 
was a part of the contract, whereas the contractor believes that they are 
the responsibility of the Council.  Given the magnitude of the difference 
between the two parties, it now seems inevitable that these issues will 
only be resolved through resort to litigation, which will involve significant 
costs for both sides as a result of the court process and the necessary 
legal representatives.  The likely timeline for resolution of these issues 
through legal action is in the Council’s view likely to extend to 2014/15.  
These legal proceedings can only commence when the whole scheme 
has been handed over (i.e. the completion of the contract) and so will also 
depend on the time it takes to resolve the defect issues set down in this 
paper. 
 
3.5 
As well as the increased cost of completing the busway, the scheme 
opening is also running significantly behind schedule.  The full scheme 
should have opened in February 2009 but services are still not running.  
Since February 2009, and indeed before then, actions have been taken in 
an attempt to speed up delivery but so far without success.  A number of 
dates for opening have been announced but have not been realised.  The 
Council based dates on programmes provided by the contractor, but 
works to allow opening had not been completed by the contractor as the 
dates approached.  The current issue preventing the operation of services 
is that there are a number of notified defects that have not been 
addressed and the Council is clear that these must be completed 
satisfactorily prior to the commencement of operations.  At present, no 
opening date for either the northern or southern sections of the guideway 
have been given and it is proposed that this will only be the case when it 
is clear that all required works have been undertaken by the contractor. 
 

NORTHERN SECTION OF THE GUIDEWAY 
 
4.1 
The current position is that on the St Ives to Cambridge section, the 
physical works are all but complete, although there remain finishing items 
that the Council requires the contractor to attend to before it will accept 
the guideway.  As noted above, these items split into two broad 
categories – what are termed snags (minor items that need rectification) 
and more significant items which are termed defects.  In the case of the 
former category, these items have been flagged up by our consultant 
Atkins during final inspections of the guideway and to date, most of them 
have been rectified by the contractor.  There are currently in the order of 
120 items in this category that are outstanding and it is expected that 
these will be complete within the next few weeks.  Examples of the type of 
items that would be classed as a snag are incorrectly installed lighting 
columns, chipped kerbs or uneven surfacing to footways.  Snags, whilst 
all requiring rectification, should not in themselves hold up the operation 
of buses on the guideway. 
 


 
4.2 
The Council's view is that the snags that have been identified could have 
been dealt with more swiftly than they have if appropriate resources had 
been made available.  It is also the case that the process is being 
extended because some snags that the contractor says have been 
rectified have not in fact been done when re-inspections take place. 
 
4.3 
The items that are defined as defects are presenting more of a problem 
and whilst many of the items that were originally identified have now been 
rectified, there remain a number of issues for which a simple resolution is 
proving hard to achieve.  All of the identified defects will need to be 
rectified before the Council is willing to accept the guideway from the 
contractor (and indeed it has been made clear by the contractor that he 
would want all defects to be complete before he is willing to hand it over) 
and it is these items and their resolution that will essentially determine the 
programme for an opening date. 
 
4.4 
Whilst technically, the Council could accept the guideway from the 
contractor with these notified defects, that would place a significant 
potential liability upon the Council in terms of future maintenance that at 
this stage, it is not possible to quantify.  Therefore, to protect the financial 
interests of the Council, officers have advised Members that resolution of 
these issues should be pursued with the contractor under the terms of the 
contract and the scheme should not be accepted until they have been 
rectified. 
 
4.5 
Council officers meet regularly with the Chief Executive and Directors of 
BNL to try and resolve these issues but as yet, there has been no 
breakthrough.  Set down below is a summary of the key notified defects 
within the northern section of the busway that the Council requires to be 
resolved before it is prepared to allow buses to run.  The first three of 
these are areas where physical works are required to rectify the defect.  
The remaining three are issues where works may be required but the 
initial action is to secure assurances from BNL and their designers 
regarding the design and performance of the guideway. 
 
River Great Ouse Viaduct 
 
4.6 
The River Great Ouse Viaduct is at the west end of the busway just east 
of the St Ives Park and Ride site.  An inspection of the viaduct last 
Autumn by Atkins found that significant amounts of water were flowing 
from the deck of the bridge, through the expansion joint and onto the 
exposed steelwork underneath that forms the bridge structure.  Atkins and 
County Council bridge experts have advised that this will create a 
maintenance liability in the future and could reduce the life of the bridge.  
This would be exacerbated by de-icing on the guideway which would 
mean for a significant part of the year, the water flowing from the bridge 
deck will be salty. 
 
4.7 
The Council’s position is that the work BNL have undertaken is not in 
accordance with our requirements through the Works Information or 
accepted design standards and therefore a solution to rectify the defect 
needs to be identified.  In essence, the design standards state that the 


 
expansion joint should be continuous across the bridge and should be 
sealed.  Neither of these is the case. 
 
4.8 
BNL have put forward a solution of placing a gutter under the bridge to 
catch the water.  The Council's view is that this deals only with the 
symptoms and not the cause of the problem, will in itself be a 
maintenance liability and so isn't a long term solution.  Discussions 
between the Council and BNL are ongoing and this is an issue that must 
be resolved before bus operation can commence.  Fundamentally though, 
BNL do not accept that this a defect and therefore it is proving difficult to 
get them to agree to rectify the problem. 
 
St Ives Park and Ride Site 
 
4.9 
An initial visual inspection of the park and ride site by Atkins indicated that 
standing water and puddles appear in some areas of the car park when it 
rains.  Further investigation of this problem has indicated that the cause is 
the gradient that the car park has been built to.  The Works Information 
from the Council recommends that this should be a fall of 1:60 but in fact 
the car park has been designed to a fall of 1:200.  This has proved to be 
outside the reasonable tolerances that contractors can lay tarmac, with 
the result that there are a number of areas where puddles form and are 
slow to drain.   
 
4.10  The contractor has accepted that this is a problem and has sought, with 
his sub contractor, to relay parts of the car park tarmac.  This has solved 
some of the problems, but some areas of ponding still occur and it would 
appear that simply relaying the surface again, will not solve this problem 
completely. 
 
4.11  The contractor argues that at the time of undertaking the works, there 
were constraints as a result of the site being in the flood plain that 
prevented an appropriate gradient being secured.  These constraints, it is 
claimed, prevented either digging down due to the site being built on an 
old waste tip or building up to create the appropriate falls across the site. 
 
4.12  The Council does not accept these constraints and is of the view that the 
contractor was not prevented from providing an appropriate gradient 
across the site.  It can only be assumed therefore, that this was not 
provided for other reasons (the Council believes to reduce cost).  This, 
however, is no reason not to comply with the Council's requirements 
unless such a change has been agreed. 
 
4.13  The Council is not prepared to open the scheme until this problem has 
been rectified because if it did, the service provided to the public would 
not be of the standard that has been promised and it is likely that at some 
point in the future, the car park would need to be closed for remedial 
works.   
 
4.14  The ultimate solution to this problem would be to completely resurface the 
car park having brought in significant amounts of material to re-grade the 
site to provide the appropriate gradients.  This would, however, be a very 
expensive exercise and would take a considerable amount of time.  The 


 
Council is of the view that there are simpler, compromise solutions 
available and has discussed these with BNL.  So far there has been no 
agreement from BNL either that this is a defect or of the remedy. 
 
Maintenance track 
 
4.15  The maintenance track which runs alongside the busway has always 
been expected to flood at times in certain areas within the flood plain of 
the River Great Ouse; this was made clear during the Transport and 
Works Act (TWA) Public Inquiry.  The reason for this is that the 
Environment Agency requires that the busway should not reduce the 
storage capacity for flood waters as this would increase the likelihood of 
flooding in the vicinity of the River Great Ouse. 
 
4.16  Fluvial modelling was undertaken as part of the Council's submissions to 
the Public Inquiry in 2004 and this quantified the likelihood of flooding of 
the maintenance track.  Based on Environment Agency records for the 
preceding six winters, which included the severe flooding of 2003, the 
maintenance track adjacent to the River Great Ouse would have been 
flooded each winter for periods of between 4 and 55 days.  In three of the 
winters it would have been flooded for 7 days or less.  This section of 
maintenance track, as built by Bam Nuttall, has now been under water 
since late October (approximately 150 days), in a winter which has not 
seen severe flooding of the River Great Ouse. 
 
4.17  The section of the maintenance track between Swavesey and St Ives has 
been built at a much lower level than required in the TWA with the result 
that flooding has occurred simply as a result of rainfall locally and without 
the River Great Ouse being in flood.  There are also areas which have 
been built without sufficient drainage so that water does not drain away 
resulting in areas of standing water being present for quite some time and 
areas where the maintenance track should have been built on top of a 
culvert but has instead been built at a much lower level in front of the 
culvert. 
 
4.18  The most serious areas of flooding occur either side of the River Great 
Ouse viaduct and on these sections, the contractor has built the 
maintenance track within the drainage ditches that run parallel to the 
guideway.  It is therefore inevitable that it will flood and indeed in this 
area, the maintenance track itself is acting as the drainage ditch.  In these 
sections, it is likely that the track will be flooded and un-useable for a very 
significant part of every year. 
 
4.19  The maintenance track as constructed is clearly not as it was anticipated 
at the time of the Public Inquiry and in the Council's view is not in 
accordance with the Works Information and the requirements of the TWA 
itself.  This latter point is particularly important as the TWA is mentioned in 
the Works Information as the primary reference document for matters in 
relation to the performance and height of the maintenance track.   
 
4.20  The contractor accepts that there are problems with the maintenance 
track but does not accept responsibility for those problems or accept them 
as defects.  Both the Council and BNL are currently looking at how the 


 
problems can be rectified, but agreement is still needed on the 
responsibility for taking any solutions forward. 
 
4.21  Given the current state of the maintenance track, the flooding is an issue 
that must be rectified whoever ultimately is responsible.  Works in that 
area due to the floodplain constraints, can, however, only be undertaken 
at certain times of the year and so the Council would consider opening up 
the guideway to buses in advance of those works being undertaken as 
long as a clear and programmed plan of action had been agreed with 
BNL. 
 
Guideway Foundations 
 
4.22 When 
BNL 
originally 
tendered for the Guided Busway contract, they 
proposed using piled foundations along significant parts of the northern 
section of the route given the generally poor ground conditions.  Piles are, 
however, expensive and through design review after they were awarded 
the contract, BNL concluded that a greater length of the busway could be 
constructed using cheaper pad foundations.  The Council was content in 
principle with this decision as it would result in an overall lower cost, 
providing the contractor could demonstrate that the foundations would 
perform as originally anticipated. 
 
4.23  The current issue between the Council and BNL in terms of the 
foundations is that the contractor and his designers still have to satisfy the 
Council that the foundations that have now been installed in the sections 
that were originally to be piled will perform as planned.  Indeed, we 
believe some of the designer’s calculations demonstrate that this may not 
be the case which is a cause of great concern.  In effect, this could mean 
that the movement in the levels of the guideway will be greater than the 
extremely tight tolerances that were specified in the contract meaning 
either a greater than expected maintenance liability on the Council or at 
worst, damage to the guideway beams with an impact on ride quality.  
Neither of these options would be acceptable to the Council.  To date, 
BNL and the designer have not provided the necessary information 
requested by the Council and until this is received, the implication of the 
decisions that BNL have taken can't be quantified. 
 
4.24  The submission of this information and the satisfactory conclusion of this 
issue is essential before buses can run given the potential liabilities the 
Council would take on if this is not resolved.  To date, BNL have not 
accepted this as a defect and so it is proving hard to make progress. 
 
Gaps between the guideway beams 
 
4.25  The guideway beams have been manufactured to an extremely high 
specification to ensure a high quality ride on the buses.  The nature of the 
foundations as noted above will also determine this as will the spacings 
between the individual sections of the guideway as they are laid on the 
foundations.  For example, If the gaps between these individual sections 
of guideway are too large, the ride on them will not be smooth.  However, 
when laying the beams, account must also be taken of the fact that they 
10 

 
will contract in cold weather and expand in hot weather.  If the gaps are 
too small this expansion could cause damage to the beams themselves or 
affect the alignment of the busway. 
 
4.26  The designers own calculations indicate that some of these beam 
spacings may be too narrow and surveys on the ground have confirmed 
this.  The contractor has initially indicated that this is not a problem as the 
beams could 'shunt' along the guideway when this occurs.  However, 
each beam is held in place at one end and so there is no possibility for 
this to occur.  The potential for damage therefore remains real. 
 
4.27  The Council is therefore asking BNL to verify the extent of this problem 
and rectify it as necessary.  This may involve moving some of the beams 
to even up the spacings.  Again, this is an issue that must be resolved 
prior to buses running given the potential liability the Council would take 
on if it accepted the busway without these issues being fully quantified.  
To date, BNL have not accepted this as a defect and so it is proving 
difficult to make progress. 
 
Rubber tyre infill between guideway beams 
 
4.28  Each of the sections of guideway is formed by beams, on which the bus 
wheels will run, and concrete spacers to hold the beams together, 
effectively creating a ladder formation.  The void space between each of 
these sections needs to be filled with an inert material and topsoil placed 
on top which will be seeded so grass and wild plants will grow to soften 
the overall appearance of the guideway - a requirement of the TWA 
Order. 
 
4.29  It was originally proposed that this infill material should be crushed stone 
or recycled railway ballast but at an early stage of the project, the 
contractor suggested using shredded tyres, a waste material that is 
significantly cheaper than stone.  The Council accepted the principle of 
this design change and continues to do so.  The issue here though is that 
given the potential flammability of the material, the Council is looking for 
comfort on how the material will perform and under what conditions it 
could become a hazard.  This will be through the formal submission of a 
risk assessment.  The technical details of this are fairly standard and 
despite working with the designers for many months, this still has not 
been presented in a satisfactory form.   
 
4.30  Recent discussions with the designers we believe have now moved this 
issue on and a final risk assessment is expected shortly.  Again though, 
given the nature of the issues, the Council would not be prepared to 
accept the busway until this issue is satisfactorily concluded.  
 

PROGRESS ON RESOLVING THESE ISSUES 
 
5.1 
A number of the issues noted above have been under discussion with 
BNL since last summer and all since at least October of last year.  The 
Council is of the view that the satisfactory conclusion of them all is 
relatively simple and should have been concluded well before now.  Some 
of the items above will require physical works to rectify them and for 
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others, officers are simply looking for calculations and confirmation from 
the designers that the infrastructure will perform as planned.  Either way, 
officers are clearly of the view that these issues must be addressed if the 
busway is to be launched successfully and therefore the date for opening 
is very much in the hands of the contractor.   
 
5.2 
Council officers are in continuing discussions with the contractor to 
resolve these issues as soon as possible but in all of the cases noted 
above, the contractor has been unwilling to address them in a satisfactory 
manner.  In relation to the River Great Ouse Viaduct and the St Ives Park 
and Ride for example, the Council has put forward suggested means of 
overcoming the defects that are evident but the contractor has to date not 
accepted these or put forward alternative acceptable solutions.  In relation 
to the other issues, the contractor and designers have not to date 
engaged in sufficiently constructive discussions to provide the information 
required or propose solutions. 
 
5.3 
The Chief Executives of BNL and the County Council meet regularly to 
seek a way forward on these issues.  No firm progress has so far been 
made in terms of resolving when these defects will be rectified, but at the 
latest meeting, there was an acceptance on the part of BNL that technical 
discussions would take place to identify potential solutions.  BNL did not, 
however, commit to undertake any works as a result of those technical 
discussions.  An update following any further discussions will be reported 
to Cabinet. 
 

PROGRESS ON THE SOUTHERN SECTION   
 
6.1 
Both the northern and southern sections of the busway should have 
opened up at the same time and both are currently just over one year late.  
The focus of construction activity by BNL has now shifted to the southern 
section where again, much of the scheme has been built.  There are, 
however, fundamental issues in respect of the works taking place in the 
Trumpington Cutting and these will drive the programme for overall 
delivery of the southern section. 
 
6.2 
As with the northern section, the Council has concerns about the rate of 
progress from BNL in the south and is of the view that much of what is 
being done now, both in terms of physical works and gaining approvals 
should have been done long ago.  Given the current rate of progress, it 
would appear unlikely that the southern section will be completed before 
November and to achieve this, BNL will need to move quickly on a 
number of fronts.  As with the northern section, officers and Atkins will be 
doing all they can to ensure work is undertaken as efficiently as possible.  
An opening date for the southern section, as with the north, will not, 
however, be announced until it is certain it will be available. 
 
7 IMPLICATIONS 
 
7.1 
Resources And Performance (this heading includes Finance, Property 
and Facilities Management, Information and Communication Technology 
(ICT) Human Resources, Performance, Risk and Best Practice and where 
significant, they are set out below).  
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The following bullet points set out details of significant implications 
identified by officers   
•  Finance and risk management – the report sets out the issues 
preventing the opening of the northern section of the busway and 
the consequences were the Council to accept the Busway without 
these defects being addressed. 
7.2 
Statutory Requirements and Partnership Working 
There are no significant implications for any of the headings within this 
category. 
7.3 
Climate Change (Includes any climate change, greenhouse gas 
emissions and environment implications and where significant, they are 
set out below). 
There are no significant implications for any of the headings within this 
category. 
7.4 
Access and Inclusion (includes inclusion, crime and disorder, the 
voluntary Sector, equality and diversity and transport implication and 
where significant, they are set out below). 
There are no significant implications for any of the headings within this 
category. 
7.5 
Engagement and Consultation  (includes community engagement and 
public consultation and where significant, they are set out below) 
There are no significant implications for any of the headings within this 
category. 
 
Source Documents 
Location 
Agenda and Minutes, Cabinet 1/3/2005, 7/2/06, 13/6/06, 
CGB Team Office, 
11/7/06, 16/10/07, 16/12/08, 29/9/09 
Old Police House, 
Cambridgeshire Guided Busway Order 
Shire Hall, 
 
Cambridge 
 
 
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Appendix 1 – Pain Gain sliding scale 
 
Table 1 Percentage shares 
 
Share Range 
Contractor’s  Employer’s 
Share 
Share 
Overspend  
 
0-5% 50% 
50% 
5-10% 75% 
25% 
10-20% 90% 
10% 
More than 20% 
100% 
0% 
 
 
Table 2 Pain Share Calculation 
 
Target Price: 
£87 million 
 
Actual Cost: 
£140 million 
 
Share Range 
Contractor’s  Employer’s 
Share 
Share 
Overspend  
 
0-5% £2,175,000
£2,175,000
5-10% £3,262,500
£1,087,500
10-20% £7,830,000
£870,000
More than 20% 
£35,600,000
0
 £48,867,500
£4,132,500
 
 
 
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