Transport for LondonPPP Contracts
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Amended and Restated Safety Agreement dated 4 April 2003 between LRT and BCV |
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Recital
Amended and Restated Safety Agreement made on 4 APRIL 2003 (2) INFRACO BCV LIMITED whose registered office is at 55 Broadway, London, SW1H 0BD ( Infraco ) WHEREAS LUL is responsible for assessing and controlling all safety risks to its customers, staff, suppliers and the public that arise from its own or other companies' activities in operating, maintaining and improving the Underground Network. |
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Purpose of this Safety Agreement |
| 1.1 LUL has a statutory obligation to operate safe passenger services on the Underground Network. Infraco is required to do all that it is able to ensure that LUL complies with its statutory obligation. The purpose of this Safety Agreement is to set out the manner in which Infraco shall comply with the obligation. |
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1.2 The intention of the parties is that LUL and not Infraco shall be the Infrastructure Controller for the Underground Network. IT IS AGREED as follows: |
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Interpretation and Definitions |
| 2.1 To the extent applicable the provisions of this Safety Agreement shall be interpreted in accordance with clause 1.2 of the Master Definitions Agreement between LUL, Infraco, JNP and SSL ( the MDA ). |
| 2.2 Words and expressions used in this Safety Agreement shall, to the extent applicable and unless defined herein or the context otherwise requires, have the meaning assigned to them in the MDA. |
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General Provisions |
| 3.1 This Safety Agreement shall be read in conjunction with the BCV Contract, the Codes and the LUL Safety Case. |
| 3.2 Infraco shall, in performing its obligations under the BCV Contract, comply with all principles and guidance in relation to health and safety published from time to time by any regulatory authority which are applicable to the BCV Contract or the Infraco in its performance of the Services. |
| 3.3 LUL shall, from time to time, notify Infraco of any modification to any principles and guidance which are applicable to the BCV Contract or Infraco in its performance of the Services and which are issued by regulatory authorities only to the LUL Group. |
| 3.4 Infraco shall perform the Services so as not to put LUL in breach of the LUL Safety Case. |
| 3.5 Infraco shall perform the Services so as not to put any other Infraco in breach of the Other Infraco Safety Cases provided that those Other Infraco Safety Cases have been provided to Infraco. |
| 3.6 LUL shall procure that SSL and JNP enter into a Safety Agreement which is in all material respects identical to this Safety Agreement. |
| 3.7 LUL agrees that it will take all reasonable steps to enforce the obligations undertaken by SSL and JNP in their respective Safety Agreements insofar as compliance with such obligations is capable of affecting Infraco's own compliance with its obligations under this Safety Agreement. |
| 3.8 Where, in connection with the performance or non-performance of the Services, Infraco is ( or has reason to believe that it may be ) subject to any enquiry or prosecution by any statutory body, Infraco shall, by the end of the following working day, notify LUL and, without charge to LUL, provide copies of any communication in connection with the same. |
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Infraco Safety Case |
| 4.1 LUL has, on or before the date of this Safety Agreement, accepted the Infraco Safety Case and Infraco shall perform the Services so as to comply with the provisions of the Infraco Safety Case. |
| 4.2 LUL shall have no liability to Infraco arising from or in connection with the acceptance of the Infraco Safety Case or the Other Infraco Safety Cases whether in accordance with the Safety Case Regulations or in accordance with the Safety Case Standard. Infraco and LUL agree that it is reasonable that LUL should have no such liability, having regard to the purpose of this Safety Agreement and the BCV Contract. |
| 4.3 LUL and Infraco shall co-operate with each other and with any other Infraco to ensure that the LUL Safety Case, the Infraco Safety Case and the Other Infraco Safety Cases are properly co-ordinated. |
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General Obligation on Infraco to Co-operate |
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5.1 Infraco shall co-operate with LUL so as to enable LUL to comply with its statutory obligation to provide safe passenger services and with its statutory obligations arising from its role as Infrastructure Controller. Such co-operation shall include but not be limited to: (b) access to any employees or agents of Infraco or to any assets owned or operated by Infraco in relation to the performance of the Services; (c) participation in joint working to establish an annual safety plan, including safety improvement targets, in accordance with the Infraco Safety Case; (d) participating in working groups on issues and safety risks that cross the boundaries between LUL and Infraco, including the platform/train interface, in accordance with the Infraco Safety Case; (e) participating in periodic safety conferences in accordance with the Infraco Safety Case; and (f) participating in a quantified risk assessment forum to contribute to the development of the LUL safety risk model in accordance with the Infraco Safety Case. |
| 5.2 In conjunction with LUL, the PFI Contractors and any other Infraco, Infraco shall once in each calendar year attend a safety meeting for the purpose of developing a safety plan for LUL. |
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5.3 Infraco shall in relation to safety or safety related matters co-operate with: (b) any other Infraco; and (c) the PFI Contractors; and (d) any party with whom LUL has entered into a Third Party Document. |
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5.4 Infraco shall render all reasonable assistance to: (b) any other Infraco; and (c) the PFI Contractors; and (d) any other party with whom LUL has entered into a Third Party Document |
| 5.5 Infraco shall participate in the present or future forum dealing with health and safety issues which has been agreed with unions recognised by LUL, Infraco and any other Infracos. |
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The CDM Regulations |
| 6.1 Where in the performance of the Services Infraco proposes to carry out any works or services which would be governed by the CDM Regulations, Infraco shall consult with LUL and Responsible Infraco and shall provide LUL and Responsible Infraco with sufficient information to enable and allow a reasonable period for LUL and Responsible Infraco to consider whether it may be appropriate for either of them to act as "client" for the purpose of the CDM Regulations. Infraco shall advise LUL and Responsible Infraco of the date by which Infraco considers that the issue should be resolved. |
| 6.2 Where within the time stated by Infraco in clause 6.1 neither LUL nor Responsible Infraco inform Infraco that they intend to act as client for the purpose of the CDM Regulations ( or with the approval of Infraco, as "client's agent" for the purpose of the CDM Regulations ) Infraco shall act as client and shall execute and deliver to the Health and Safety Executive a declaration in accordance with regulation 4(4) of the CDM Regulations that it will act as client for the purposes of the CDM Regulations. |
| 6.3 Where both LUL and Responsible Infraco have notified Infraco that they shall act as either client or, with the approval of Infraco, as client's agent for the purpose of the CDM Regulations within the time stated by Infraco in clause 6.1, LUL shall determine whether the Responsible Infraco or LUL should so act and whichever is to do so shall execute and deliver to the Health and Safety Executive a declaration in accordance with regulation 4(4) of the CDM Regulations that it will act as client or client's agent for the purposes of the CDM Regulations. |
| 6.4 Where within the time stated by Infraco in clause 6.1 either LUL or Responsible Infraco have notified Infraco that they shall act as client or with the approval of Infraco as client's agent for the purpose of the CDM Regulations whichever is to act as client or client's agent shall execute and deliver to the Health and Safety Executive a declaration in accordance with regulation 4(4) of the CDM Regulations that it will act as client or client's agent for the purpose of the CDM Regulations. |
| 6.5 Infraco shall for the duration of the Contract Period maintain the health and safety files ( as defined under the CDM Regulations ) in compliance with Safety Control Standard 9 ( or as subsequently adjusted pursuant to the Standards Code ) and shall at any time during the Contract Period provide such number of copies of any health and safety file so maintained to LUL, to any other Infraco and to the PFI Contractors as any of them may reasonably request and in the event that LUL, any other Infraco or a PFI Contractor reasonably request the same grant a royalty free licence to enable further copies of the health and safety file to be made. |
| 6.6 At the end of the Contract Period, Infraco shall provide LUL with all health and safety files which relate to the performance of the Services. |
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The WPE Regulations |
| 7 Where the Secretary of State's approval is required in accordance with the WPE Regulations in respect of any new or altered works plant or equipment to be used in connection with the Services, providing always that Infraco has complied with the Infraco Safety Case and provided LUL with all documentation necessary to make such application, LUL shall, providing it is satisfied that the information provided is adequate and that such application can properly be made having regard to the WPE Regulations, submit an application to the Secretary of State ( or such other body as may from time to time have power to give approval under the WPE Regulations ), and subject to Infraco's further co-operation LUL shall progress the application with the Secretary of State. Where LUL is not satisfied that the information provided by the Infraco is sufficiently detailed or complete to support an application to the Secretary of State or that such application can properly be made having regard to the WPE Regulations it shall notify Infraco accordingly and Infraco shall be afforded an opportunity to submit further or amended information and materials. LUL and Infraco shall co-operate to ensure the process of application to the Secretary of State is dealt with in good time. LUL shall keep Infraco advised of the outcome of such application. |
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Fire Safety |
| 8.1 To enable LUL to comply with its statutory fire safety compliance obligations, Infraco shall comply with all reasonable instructions from LUL in respect of the allocation and use of space at Stations. |
| 8.2 Without limiting the generality of clause 8.1, where necessary or prudent to do so, LUL shall ( except in case of emergency ) consult with Infraco prior to issuing such instructions. |
| 8.3 In requiring Infraco to enable LUL to comply with its statutory fire safety compliance obligations, LUL shall use all reasonable endeavours to allocate to Infraco such space at Stations as may be necessary to fulfil that requirement. |
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Dispute Resolution |
| 9. Any Dispute shall be resolved in accordance with the Dispute Resolution Agreement. |
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Contracts (Rights of Third Parties) Act 1999 |
| 10. A person who is not a party to this Safety Agreement shall have no right under the Contracts ( Rights of Third Parties ) Act 1999 to enforce any of its terms. |
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Governing Law |
| 11. Without prejudice to clause 9, this Safety Agreement shall be governed by and construed in accordance with English Law and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales as provided for in clauses 9.1 to 9.5 of the Dispute Resolution Agreement. |
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Assignment |
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12. Infraco may not assign, transfer, charge or otherwise deal with, in whole or in part, any of its rights or obligations under this Agreement ( nor grant, declare a trust of, create or dispose of any right or interest in it ) other than in accordance with the terms of the PPP Contract. IN WITNESS WHEREOF this Safety Agreement has been signed for and on behalf of the parties on the day and year first before written. SIGNED by ) MARTIN CALLAGHAN and ) FRANCES LOW for and on behalf of ) LONDON UNDERGROUND ) LIMITED ) SIGNED by ) MARTIN CALLAGHAN and ) FRANCES LOW for and on behalf of ) INFRACO BCV LIMITED ) |
