PPP Contracts

SCHEDULE 5.5 - Training

Part 1 - Principles

1.1 The purpose of this Schedule is to ensure that: (a) LUL and Infraco are confident that training needs have been met through the fulfilment of each party's training obligations;

(b) LUL Staff, Infraco Staff and relevant users of a New Requirement are fully trained in relation to that New Requirement; and

(c) training is undertaken in sufficient time so that LUL operations are not disrupted and Infraco achieves the associated service milestones.

1.2 This Schedule sets out the requirements for Infraco to plan and conduct training in the operation of all new, modified or otherwise updated Assets or operating procedures in relation to any Asset ( each a New Requirement ).

1.3 Infraco shall train all relevant LUL Trainers ( or, where it is more practical for Infraco to train LUL Staff directly having regard to the number of LUL Staff who will be users of a New Requirement, those LUL Staff who will be such users of a New Requirement ) and other users of a New Requirement including employees of any other Infraco and PFI Contractors in relation to that New Requirement and who are likely to be in the employment of, or contracted to, LUL at the time Infraco brings that New Requirement into service. In circumstances where the introduction of a New Requirement is delayed then, without prejudice to clause 50 ( Claims ) of the Contract, Infraco shall re-train all such LUL Trainers ( or LUL Staff, as the case may be ) and other users of that New Requirement in circumstances where, in each case, LUL determines, acting reasonably, that such person requires re-training prior to bringing that New Requirement into service and Infraco shall bear LUL's costs of such re-training resulting from such delay. Notwithstanding the above, where it is agreed or determined that the delay is reasonably attributable to an act or omission of LUL, then LUL shall be responsible for the costs reasonably incurred by Infraco in addition to its own costs.

1.3A For the avoidance of doubt, where Infraco introduces new Rolling Stock Infraco shall only be required to train LUL Trainers.

1.4 Once the training of all relevant LUL Trainers ( or LUL Staff, as the case may be ) and other users of a New Requirement has been completed in accordance with paragraph 1.3 above, Infraco shall not be required to train any other LUL Trainers ( or LUL Staff, as the case may be ) or other users of that New Requirement who subsequently require training in that New Requirement.

1.5 LUL shall undertake training of any LUL Staff ( other than those LUL Staff who have been trained by Infraco pursuant to paragraph 1.3 ) or any other third party to the extent that they subsequently require training in relation to a New Requirement and Infraco shall provide access to, and maintain the training facilities and assets used by Infraco when training LUL Trainers ( or LUL Staff, as the case may be ) ( or suitable replacements of the training facilities and assets ) in order to allow LUL to undertake its training obligations under this paragraph 1.5.

1.6 The obligations set out in this Schedule 5.5 are without prejudice to, and subject to, any obligations with respect to training set out in, or arising from, the Safety Agreement.

1.7 A copy of the relevant operator's handbook and/or amendments shall be provided to each and every person trained and at each appropriate site and LUL may copy, reprint or replicate, as the case may be ( in such form as LUL may decide and without any payment to Infraco, including extracts whether used separately or for incorporation into composite handbooks ), such materials for all future LUL Staff trained by LUL Trainers and Infraco shall procure for the benefit of LUL such licences as are necessary to give effect to this paragraph 1.7.

1.8 The parties acknowledge that the introduction of technical enhancements or any other changes that affect any previous New Requirement for which LUL Staff and users of that New Requirement have been trained shall, of itself be a New Requirement to which the provisions of this Schedule 5.5 shall apply.

Part 2 - Detailed Provisions

General

2.1 Infraco shall prepare, submit to LUL and maintain, as appropriate, the following documents in accordance with the provisions of this Schedule: (a) a Training Plan;

(b) a Training Programme; and

(c) a Training Log.

2.2 Infraco shall be responsible for: (a) the provision of the trainers and training materials for all recipients identified in the Training Plan;

(b) the provision of the office, classroom or workshop facilities at locations agreed with LUL and access to equipment for the purposes of training;

(c) the modification of the training approach, materials or resources in the light of experience of the training pass/fail rates and in-service operations;

(d) re-training in the light of changes referred in paragraph (c) above; and

(e) the provision of two (2) Train cab simulators and one (1) signalling training simulator in respect of new Rolling Stock and new signalling and control equipment, which simulators shall be maintained and upgraded to reflect any modifications that may occur to the item that is being simulated. For the avoidance of doubt, Infraco shall provide a Train cab simulator prior to the introduction of any new type of Rolling Stock, which is representative of the functionality of the Rolling Stock to be introduced.

2.3 The training shall address the changes in usage and operation resulting from any New Requirement from the perspectives of both Customers and LUL Staff. The training shall address all normal modes of operation and shall identify the symptoms of failure modes, the corrective actions to be taken, the safety precautions necessary, the level of intervention which is permissible by the operator and the events which necessitate Infraco involvement.

Training Plan

2.4 Infraco shall prepare, submit to LUL and maintain a training plan ( the Training Plan ) covering each New Requirement in order to achieve the objectives set down in paragraph 1.3 above. The Training Plan shall set out the scope, methods, means, and timing of all training and shall include an indication of aspects of the training that may have an impact on safety.

2.5 The Training Plan shall include a list of equipment and procedures on which training is to be given.

2.6 Infraco shall develop with LUL the objective pass/fail criteria for training in all equipment and procedures and maintain details of this within the Training Plan.

2.7 The Training Plan shall specify the operator tests for the equipment or procedures that need to be undertaken on completion of the training. Where equipment will require the operator to hold a licence then details of the licensing regime shall be included in the Training Plan.

2.8 Infraco shall include within the Training Plan a method of identifying training needs which shall cover both short term and long term training needs arising from any New Requirements. Infraco shall work with the respective LUL representatives to establish, monitor, review and plan for such training needs.

2.9 The Training Plan shall include proposals for measuring the adequacy of the training given by Infraco and the means of incorporating revisions into the training programme to improve it.

2.10 The training arrangements shall be developed to cater for the needs of all relevant LUL Staff and relevant Infraco Staff at each agreed location.

2.11 Infraco shall also include within the Training Plan details of all the training that it will give to Infraco Staff involved in Infraco operations in relation to each New Requirement even where such training does not, directly or indirectly, impact upon LUL.

Training Programme

2.12 The Training Plan shall include a training programme ( the Training Programme ) that shall set out the timing of all training.

2.13 The Training Programme shall be developed in accordance with the following requirements: (a) each activity shall be listed individually;

(b) early and late start dates shall be shown;

(c) the remaining float of as yet untrained personnel, where applicable, shall be shown;

(d) the critical path shall be highlighted ( if relevant );

(e) activity duration shall be shown to an appropriate level of detail;

(f) key logic links to related activities shall be shown;

(g) the principal organisation responsible for training including Key Sub-Contractors shall be shown; and

(h) the milestone and start dates for training, where applicable, shall be shown.

2.14 Infraco shall liaise with LUL to develop a Training Programme that results in training being completed in sufficient time for the introduction of the New Requirement by the agreed date.

Training Log

2.15 Infraco shall promptly provide a record of all its training ( the Training Log ) to LUL when training has been completed by Infraco for a New Requirement, or whenever LUL may reasonably require, and such record shall include as a minimum the following: (a) details of who has been trained;

(b) when they were trained;

(c) the scope of training given;

(d) the standard achieved by each person including, where appropriate, details of whether such person passed or failed;

(e) details of all licensing requirements that were required and, if met, the type and duration of the licence granted; and

(f) details of proposed dates for refresher training.

Part 3 - Review and Updating

3.1 LUL and Infraco shall review the Training Plan at least annually.

3.2 The Training Plan shall be revised, updated and submitted by Infraco to LUL in line with identified New Requirements resulting from Infraco's operations or changes resulting from amendments to the assets and services provided by LUL, PFI Projects or other Infracos.

Part 4 - Key Submission Dates

4.1 Infraco shall prepare and submit to LUL the Training Plan to LUL in accordance with the procedures identified in Schedule 5.1 ( Contract Management ) of the Contract.

4.2 The first Training Programme shall be prepared and submitted to LUL in accordance with the agreed timescales for preparing the first Training Programme included within the Training Plan.

Part 5 - LUL New Requirement

5.1 Where there is a requirement for LUL to plan and conduct training in the operation of all new, modified or otherwise updated assets or operating procedures in relation to any asset ( each an LUL New Requirement ) arising pursuant to any project implemented by LUL or LUL's contractors ( other than Infraco ) which impacts upon Infraco, LUL shall secure the provision of training of such Infraco Trainers ( or, where it is more practical for LUL to train Infraco Staff directly having regard to the number of Infraco Staff who will be such users of an LUL New Requirement ) as is required. LUL's obligations in respect of this training for Infraco Trainers ( or Infraco Staff, as the case may be ) shall be, mutatis mutandis, the same as Infraco's obligation to LUL Trainers and LUL Staff as set out in paragraph 1 above.

5.2 LUL shall ensure that the general requirements detailed in paragraphs 2.1 to 2.3 are met in respect of the training of Infraco Trainers ( or Infraco Staff, as the case may be ) where an LUL New Requirement arises pursuant to any PFI Projects, the operations of other Infracos or other LUL assets, property or contracts, in each case, to the extent they impact upon Infraco.

5.3 LUL shall provide Infraco for inclusion within the Training Plan details of the training LUL shall secure with respect to its obligations under paragraph 5.2.

5.4 The Training Programme shall be developed to include support of LUL's activities relating to training including training of Infraco Staff where there is an LUL New Requirement for Infraco Trainers ( or Infraco Staff, as the case may be ) referred to in paragraph 5.1 or 5.2.

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