Name of Requester
Address Line 1
Address Line 2
Town
County
Post Code
Date: (______)
Tay Valley Lighting Limited (Service Provider)
C/O SSE Enterprise Street Lighting
Solent Park
Walton Road
Portsmouth
PO6 1UJ
Dear Team,
PROJECT: West Sussex Street Lighting PFI
SUBJECT: Letter of Agreement for Future Sign/Attachments
We (______)(the Third Party Authority) acknowledge that in respect of our request for consent to attach signs to lighting columns (Third Party Attachments) in West Sussexall permission granted by both the Service Provider and West Sussex County Council in terms of this letter are subject to the following:
Terms and Conditions in respect of attaching attachments to lighting columns:
1The Service Provider shall, at all times, act reasonably and in good faith towards the Third Party Authority.
2The Service Provider shall be entitled to reject a request from a Third Party Authority to attach Third Party Attachments to the Relevant Apparatus in the following circumstances:
(a)where any relevant Third Party Attachment:
(i)does not comply with all relevant legislation; and
(ii)does not comply with any restrictions in the lighting column manufacturers’ recommendations regarding the:
(A)method of fixing;
(B)maximum size, weight and height of any fixtures to a lighting column;
(C)manufacturers’ maintenance requirements; and
(D)loading or force placed upon a lighting column at any time;
(b)where the Service Provider is not reasonably satisfied as to the financial standing of such Third Party Authority.
3If:
(a)the Service Provider (acting reasonably) is satisfied with the financial standing of a proposed Third Party Authority and, as a consequence of such satisfaction, issues a Consent Letter to such proposed Third party Authority; and
(b)such proposed Third Party Authority enters into such Consent Letter,
the Service Provider shall allow such Third Party Authority to undertake the attachment of Third Party Attachments. For the avoidance of doubt, the Parties acknowledge and agree that the Service Provider's remedy in respect of any damage caused to the Apparatus by a Third Party Authority shall be against the Third Party Authority under the Consent Letter and not against the Authority.
4In the event that the Service Provider considers (acting reasonably) that the financial standing of any Third Party Authority who has entered into a Consent Letter has subsequently become unsatisfactory or any Consent Letter entered into by a Third Party Authority has become or is likely to become unenforceable (provided that the reason it has become unenforceable is not as a result of an act or omission of the Service Provider) such Third Party Authority shall no longer be permitted to undertake Third Party Attachments.
5The Service Provider shall ensure that any Third Party Attachments installed by the Service Provider:
(a)are attached and removed in accordance with Good Industry Practice; and
(b)except in the case of Hanging Baskets, Festive Lighting, and Banners, the Third Party Attachments do not exceed the restrictions set out in paragraph 4.51 of the Output Specification – extract attached.
(c)are priced according and shall be payable by the Third Party Authority directly.
6The Third Party Authority shall ensure that all Third Party Attachments are maintained in accordance with Good Industry Practice.
7The Third Party Authority shall be responsible for procuring and/or paying for the provision of electricity to any Third Party Attachment.
8Where any Third Party Attachment has been installed by the Third Party Authority but the Service Provider does not believe (acting reasonably) that such Third Party Attachment complies with the requirements of paragraph 2, then the Service Provider may serve written notice on the Third Party Authority (copied to the Authority) to that effect, giving details of the alleged failure.
9Following receipt of a notice under paragraph 8 above, if the Third Party Authority does not rectify the failures or remove such Third Party Attachment within five (5) Business Days, the Service Provider shall thereafter have the right to remove such Third Party Attachment and return it to the Service Provider’s depot. The Service Provider may pursue the Third Party Authority for the cost of such removal.
10Following receipt of a notice under paragraph 8 above, if the Third Party Authority does not rectify the failures or remove such Third Party Attachment within five (5) Business Days, the Service Provider shall thereafter have the right to remove such Third Party Attachment and return it to the Service Provider’s depot. The Service Provider may pursue the Third Party Authority for the cost of such removal.
11Where the Third Party Authority attaches a Third Party Attachment and/or carries out any works relating to the relevant Third Party Attachment which causes damage to the relevant apparatus, the Service Provider may serve notice on the Third Party Authority (copied to the Authority) giving notice of the damage caused to the relevant apparatus.
12Within ten (10) Business Days upon receipt of a notice served pursuant to paragraph 10 (or such other time period as the Service Provider and the Third Party Authority (both acting reasonably) may agree) the Third Party Authority shall carry out remedial works to the Relevant Apparatus so that all damage is rectified to the standard of the relevant apparatus immediately prior to such damage being caused.
13If the Third Party Authority has not carried out remedial works to the standard or within the period agreed pursuant to paragraph 11 the Service Provider may carry out such rectification work itself so that all damage is rectified to the standard of the Relevant Apparatus immediately prior to such damage being caused and the Service Provider may pursue the Third Party Authority for the reasonable costs incurred in doing so.
14To avoid doubt:
(a)the Authority shall have no liability for any costs, losses, damages and/or expenses suffered or incurred by the Service Provider as a result of the installation or maintenance of any Third Party Attachments; and
(b)notwithstanding any other provision in this Letter, if the Service Provider causes damage to any Third Party Attachment, the Service Provider shall pay the reasonable cost of the Third Party Authority as regards any such damage.
14A clearance of 2.1 metres must be maintained in cases where Third Party Attachments are erected over a footpath. Within West Sussexthis clearance is increased to 2.5 metres. No part of any sign may be nearer than 0.5 metres to the face of the kerb;
15The Third Party Attachments must not be fixed to lighting columns which carry mandatory traffic signs/signals and all temporary Third Party Attachments are to be sited so as not to conflict with permanent direction or regulatory Third Party Attachments;
16The mounting brackets and their stainless steel band strap fixings are backed with neoprene rubber strips to protect the column shaft from electrolytic action between dissimilar metals and any damage. The neoprene strips can be obtained from Signpost Solutions, 2 Alexandra Industrial Estate, Locarno Road, Tipton, West Midlands, DY4 9SJ. Telephone 0121 557 0440, fax 0121 557 0223
17The Third Party Authority confirms it shall procure the services of a qualified structural engineer to certify that the Apparatus that the attachment is to be fixed to is structurally strong enough to support its own weight and the loading of any wind or precipitation together with the overall attachments proposed.
18Indemnify West Sussex County Council, TVL and their respective agents, employees and contractors from and against all losses, liabilities, actions, claims, demands, costs and expenses (including legal expenses) for the death or personal injury, damage to property, or damage to the lighting columns, arising from or as a consequence of you affixing and/or removing and/or re-siting temporary Third Party Attachments under this consent, or by your breach of the terms of this consent, negligence, or otherwise in connection with this consent;
19For reasons of personal safety, the leaning of a ladder against a lighting column in order to gain access to attach Third Party Attachments is strictly prohibited;
20Notify in advance of your wish to erect new Third Party Attachments by completing Appendix 2, the Application for Consent to Erect New Third Party Attachments Form, and sending such notice to TVL and West Sussex County Council;
21You shall not erect any Third Party Attachments without the consent of either TVL or West Sussex County Council;
22The conditions of the Traffic Regulations and General Directions Order 2002 Regulation 53 must be observed where appropriate;
23Third Party Attachments are direction signs and are not intended as advertisements to entice passing trade and therefore all traffic seeking a development or event will be presumed to have been given at least outline instructions on how to find it. Third Party Attachments are to be erected only where necessary to guide contractors and visitors to developments and events and will only be permitted within a half mile radius of the site or up to two junctions away (whichever is the furthest) to confirm to drivers that they are arriving at their destination.
24Posters etc. merely advertising the event or development cannot be allowed.
25In the case of new housing developments the sign must conform to diagrams 2701 and/or 2701.1 of the Traffic Signs Regulations and General Directions 2002, include the ‘new house’ symbol and should show the geographical name of the development, not the commercial name of the developer. The developers name, logo or colours must not be used
By counter signing this letter, we agree to be bound by the terms and conditions set out above.
Signed for and on behalf of Date:(______)
(______)
Enc
Application for consent to erect new Third Party Attachments
Tay Valley Lighting Limited (Service Provider)
C/O SSE Enterprise Street Lighting
West Sussex County Council
Solent Park
Walton Road
Portsmouth
PO6 1UJ
Date: (______)
DearTeam,
Notice to seek consent to erect new Third Party Attachments
We (______)hereby notify both TVL and West Sussex County Councilthat it is our wish to erect new Third Party Attachments on the following apparatus within the area of West Sussex for a duration of (_____)for which we are seeking your consent.
From date: (______) To date: (______)
Equipment details: Please describe what you wish to attach to the street light and how you plan to attach it.
I.e. We wish to attach a hanging basket. The baskets will be hung on brackets which we will attach it to the column using tam torque straps with neoprene strips to protect the column. The straps and brackets are rust resistant. The baskets weight when watered will not exceed 20KG in total. We will mount the baskets at 3M to ensure that the minimum clearance of 2.5M is adhered to.
Please note that the installation of new power supplies requires a separate application.
Equipment location details: Please supply road names, equipment numbers and a locationmap.
We confirm that the erection of these Third Party Attachments is pursuant to the Letter of Agreement we entered into with TVL and WSCCon (______)and that we shall continue to be bound by the terms and conditions of the Letter of Agreement.
For and on behalf of (______)
Email address for return: (______)
For office use only
Having considered your Notice to seek consent and the detail contained within, I can confirm that consent has/has not* been approved.
For and on behalf of Tay Valley Lighting
*Delete as appropriate and return signed copy to requester