invitation to tender for works

INVITATION TO TENDER FOR WORKS
SPECIFICATIONS, DOCUMENTS & CONDITIONS OF
CONTRACT FOR
Installation of Stock Fencing on
Walsden, Blackstone Edge and
Butterworth Commons (over
moorland)
Moors for the Future
Tender for Fencing on moorland on Walsden, Blackstone Edge and Butterworth Common
2012/13-MFF27
Page 1 of 68.
Contents
SECTION 1: Form of Tender
Page 3
SECTION 2: INFORMATION AND INSTRUCTIONS FOR SUBMITTING A TENDER
Page 5
SECTION 3: PROJECT OBJECTIVES, DETAILED SPECIFICATION AND CONDITIONS
Page 9
Part A Project Objectives
Page 9
Part B Detailed work specifications
Page 10
Part C Standard Fencing, gates, water gates & stile specifications
Page 26
Part D Detailed conditions
Page 33
SECTION 4: DEFINITIONS, INTERPRETATIONS, STANDARD CONDITIONS & FORM OF
AGREEMENT
Page 46
SECTION 5: ANNEXURES
[Annexure 1 – Form of Agreement]
Page 64
[Annexure 2 – Relevant PDNPA Policies]
Page 67
Tender for Fencing on moorland on Walsden, Blackstone Edge and Butterworth Common
2012/13-MFF27
Page 2 of 68.
SECTION 1
FORM OF TENDER for the Peak District National Park Authority
(To be completed by the Tenderer)
RELATING TO Installation of Stock Fencing on Walsden, Blackstone Edge and Butterworth
Commons (over moorland)
We offer to execute the whole of the Works described in your Specification dated [
Total Tender Price excluding VAT: [
]
]
** Period required for completion: ............................ weeks
We confirm:
1. That we have not communicated and will not communicate to any person under any agreement or
arrangement, the amount of this Tender;
2. That the amount of this Tender has not been adjusted under any agreement or arrangement with any
person;
3. Having examined the Conditions and Specification for the above mentioned Works we offer to complete
the whole of the Works for such sum as may be ascertained in accordance with the said Conditions;
4. We undertake to complete and the Works comprised in the Contract within the time stated in this Tender;
5. Unless and until the Agreement is prepared, executed and completed, this Tender, together with your
written acceptance thereof, shall constitute a binding contract between us;
6. We understand that you are not bound to accept the lowest or any tender you may receive.
Name of Firm:………………………………………………………….
Of:………………………………………………………………………...
VAT Number if applicable………………………………………………
If a Limited Company, please state address of Registered Office;
The Tender should be submitted by post in the enclosed envelope by 21st December 2012
** To be completed by Tenderer
Tender for Fencing on moorland on Walsden, Blackstone Edge and Butterworth Common
2012/13-MFF27
Page 3 of 68.
SUB CONTRACTORS
(To be completed by the Tenderer)
The Tenderer shall indicate the names and addresses of those firms to whom he proposes to sub-let
any portion of the work included in this Tender.
The Tenderer is to include copies of all relevant insurance certificates for those sub contractors listed
below.
No sub contractors may be used without the written consent of the Authority, or without the insurance
documents required by the Conditions having been vetted and approved by the Authority.
Any other sub-contractor must not be utilized without the prior consent of the Nominated Officer.
Only sub contractors with substantial experience of remote and sensitive working and with prior
experience in this particular type of work may be considered.
The Authority reserves the right to reject any proposed sub-contractor.
IF NO SUBCONTRACTING IS TO BE UNDERTAKEN STATE NONE BELOW.
Sub-Contractor
Names and Address
Section or nature of the work to be Sub-let
Signature ....................................................................................................
Address ....................................................................................................
Date
……………………………...............................................................................
Tender for Fencing on moorland on Walsden, Blackstone Edge and Butterworth Common
2012/13-MFF27
Page 4 of 68.
SECTION 2
INFORMATION AND INSTRUCTIONS FOR SUBMITTING A TENDER
Tenders should be submitted in accordance with the following instructions.
1. Invitation to Tender
The Authority is seeking tenders from suitably experienced and equipped contractors to undertake
stock fencing and associated works on Walsden Common, Cattleshaw, Blackstone Edge and
Butterworth Common.
2. Basis of Tenders
Tenders are being invited on an open basis
3. Scope
Tenders are being invited on the basis of undertaking the whole of the Works.
4. Contract Period
Tenders are invited for period of a single task.
5. Tenderers to visit
Tenderers are invited to visit the Sites to ascertain all relevant conditions and means of access
and to thoroughly acquaint themselves with the extent and nature of the proposed Works and will
be deemed to have done so before submitting a Tender.
6. Presentation to the Authority
All selected Tenderers may be asked to make a presentation to Officers of the Authority on
methods proposed for the performance of the Works.
7. Tender queries
Tenderers are advised to study the Conditions of Contract, Specification and all other
documentation provided by the Authority. The whole of these documents should be read and
their true intent and meaning ascertained before submitting a tender. Tenderers should seek to
clarify any points of doubt or difficulty (including any apparent ambiguities, errors and omissions in
the tender documents) with the Authority through its Nominated Officer prior to submitting a
tender.
8. Errors in completed tenders
Where examination of a tender reveals arithmetical errors these will be corrected on the basis that
the rates entered into the Schedule of Rates are correct and the Contractor will be afforded the
opportunity of confirming the revised totals (in writing) or withdrawing its tender within 7 days.
9. Sufficiency of Tender
The Contractor shall be deemed to have undertaken all inspections, examinations and all other
enquiries reasonable or necessary in connection with the terms and subject matter of the Tender
and to have satisfied itself before submitting the Tender as to the correctness and sufficiency of
its rates and prices. The Tenderer acknowledges and confirms that it has the requisite expertise,
experience and equipment to perform its obligations under the Contract. The Authority will not
accept and shall not be liable for any claims that are based upon a Contractors failure to obtain or
have due regard for any information necessary to prepare a fully compliant and complete Tender.
Tender for Fencing on moorland on Walsden, Blackstone Edge and Butterworth Common
2012/13-MFF27
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10. Period of Validity
Tenderers are required to keep their tenders valid for acceptance for a period of 30 working days
from the Tender Return Date.
11. Tendering procedure
11.1.
The Tender shall be made on the Form of Tender enclosed at Section 1. It must be
completed and signed by the Tenderer in ink and accompanied by the following information:
11.1.1. Organisation and Method of Working (including Risks Assessments)
11.1.2. Analysis of Resources
11.1.3. Schedule of Rates
11.1.4. Details of any part of the Works to be sub-contracted
11.1.5. Copies of all Insurance Certificates, for the Contractor and any sub-contractors.
11.1.6 Copies of their current waste carrier licence as issued by the Environment Agency, for
the Contractor and any sub-contractors.
11.2.
The Form of Tender must be signed, where the Tenderer is an individual, by that
individual. Where the Tenderer is a partnership, by two duly authorised partners. Where the
Tenderer is a company, by two directors or by a director and company secretary (such persons
to be duly authorised for the purpose)
11.3.
No tender will be deemed to be received unless:
11.3.1. it is enclosed in the official envelope provided by the Authority which must be properly
sealed;
11.3.2. the envelope bears no name or mark indicating the sender. If delivered by hand a
receipt will be issued.
11.3.3. Tenders must be delivered to the Chief Financial Officer on weekdays between the
hours of 9.00 am and 5.00 pm or sent by post bearing the correct postage and addressed
in either case to:
The Chief Financial Officer
Peak District National Park Authority
Aldern House
Baslow Road
Bakewell
Derbyshire
DE45 1AE
11.4.
THE DEADLINE FOR RECEIPT OF TENDERS IS 12 NOON ON THE TENDER
RETURN DATE.
11.5.
Proof of posting will not be accepted as proof of delivery if the tender fails to arrive at the
stipulated address before the specified time.
11.6.
No tender received after the specified time on the Tender Return Date shall be
considered. Any such tender shall be returned promptly to the Tenderer by the Chief Financial
Officer who may open the tender only to ascertain the name and address of the Tenderer.
11.7.
The Authority does not undertake to accept the lowest or any tender/ rates.
12. Tender evaluation
12.1.
The Authority will be conducting a full financial and technical evaluation of all tenders.
12.1.1.a. Tenders will be evaluated in accordance with the Authority’s Environmental
Purchasing Policy (if any).
Tender for Fencing on moorland on Walsden, Blackstone Edge and Butterworth Common
2012/13-MFF27
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12.2.
In the evaluation of Tenders the following also apply:
12.2.1. Method Statement and Resources Analysis;
12.2.2. Written technical and financial references (including the Tenderer’s financial accounts for
such period as shall be notified) may be requested and considered as part of the
evaluation procedure;
12.2.3. Previous experience of contracts delivered for the Authority or other public bodies or any
similar contracts, including (but not limited to) price, delivery, timescales and overall quality
of works or materials;
12.2.4. All other matters and information which the Authority in its absolute discretion deems
applicable or relevant.
12.3.
The Authority may also seek clarification in respect of the Method Statement and
Resources Analysis in various ways including but not limited to:
12.3.1. Site visits
12.3.2. Interviews with the Contractor’s key personnel who would be assigned to the Contract
and appropriate senior managers.
13. Basis of Tender
13.1.
The Tender will be evaluated predominantly on the rate per metre of post and wire
fencing submitted by the Tenderer and shall also show the Tendered sum for the actual Works
and the VAT separately.
13.2.
Tenderers must provide evidence of their experience of undertaking the airlifting of
Materials to remote areas with their Tender return.
13.3.
The Tender must include value of all of the Works and must cover all costs and
expenses which may be incurred in order to complete the Works in accordance with the
Conditions and to assume all express and implied risks, liabilities and obligations imposed by
the Conditions, the Specification and all other documents forming part of the Tender
Documentation.
13.4.
The value of the Contract, based on the tendered rates for the Works, will be agreed in
writing prior to the Works Commencement Date.
13.5.
The Tenderer shall be deemed to have satisfied itself before submitting its tender as to
the correctness and sufficiency of its rates and prices.
14. Sub-contracting
14.1.
When submitting its Tender, the Tenderer must notify the Authority of any elements of
the Works that it proposes to sub-contract. Failure to do so will invalidate any such Tender.
14.2.
The Authority requires that a full résumé of the sub contractors experience be submitted
by the Tenderer.
15. Award of Contract
15.1.
The Authority hopes to award a Contract within 28 working days of accepting a tender by
Authority Purchase Order.
15.2.
The successful Contractor will be required to execute the Agreement incorporating the
Conditions.
16. Obligations
Parties proposing to submit a tender are advised to ensure that they are familiar with the nature
and extent of their obligations if their tender is accepted.
Tender for Fencing on moorland on Walsden, Blackstone Edge and Butterworth Common
2012/13-MFF27
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Contractors should be aware The Land is be subject to the rights of Commoners. The Contractor will
comply with all instructions given by the Nominated Officer in that regard (which shall not be treated as a
Contract Variation).
17. Accuracy
Information supplied to Tenderers by the Authority (whether in these documents or otherwise) is
supplied for general guidance in the preparation of the tenders. Tenderers must satisfy
themselves by their own investigations with regard to accuracy of any such information and no
responsibility is accepted by the Authority for any inaccurate information obtained by Tenderers.
18. Confidentiality
All information supplied by the Authority in connection with this Invitation to Tender shall be
regarded as confidential by the Tenderer except that such information may be disclosed for the
purpose of obtaining sureties and quotes necessary for the preparation of the tender.
19. Canvassing
Tenderers face automatic disqualification if they canvass for the Contract by approaching any
Board Member or Officer of the Authority with a view to gaining more favourable consideration of
their tender. Tenderers should state whether Board Members or Officers of the Authority have
any direct or indirect interests in their company.
20. Late tenders
Tenders received after the closing time and date stated above will not be considered under any
circumstances.
21. Internal Authorisation
This invitation to tender has been checked to confirm it meets the requirements of the
partnership’s future strategy and is in accordance with the Authority’s internal approval procedure.
(Minute reference: Services committee 40/09 (NECPP)
Signed………………
.
Chris Dean, Programme Manager
Tender for Fencing on moorland on Walsden, Blackstone Edge and Butterworth Common
2012/13-MFF27
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SECTION 3:
PROJECT OBJECTIVES, DETAILED SPECIFICATION AND CONDITIONS
PART A
PROJECT OBJECTIVES
1.
The objective of this Contract is to erect fencing on moorland to improve the condition of the
moorland SSSI by allowing better stock management. The Works are to be carried out in
accordance with the Specification and are as summarised below:1.1
Moving of Materials to the Works Sites in accordance with Section 3 Part B below;
1.2
Construction of the fence and access features in accordance with Section 3 Part B below;
2.
The supply and delivery of fencing materials required for the Works is also included in this
Contract.
Tender for Fencing on moorland on Walsden, Blackstone Edge and Butterworth Common
2012/13-MFF27
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PART B
DETAILED WORKS SPECIFICATION
Works by section
1.
Walsden Common
Location Map 1 – Overview of Walsden Common fencing
1.1
WalsF1
1.1.1 Install 340m of stock fencing on the moorland side of a derelict wall (see Location Map 1). The
stock fencing will be containing cattle, a double top wire of barbed wire is required above the
stock netting.
1.1.1.1 The fence starts at the north west end of a stone wall, at a corner (SD 95310 20630) and runs
south east to near the footpath (SD 95550 20380).
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1.1.2
1.1.3
Remove and dispose of approximately 100m of fencing that is currently patching up holes in the
wall.
Install a bridlegate (WalsBG1) where there is currently a small gate hole in the stone wall (SD
95400 20570).
1.2
WalsF2
1.2.1 Install 290m of stock fencing on the north side of a footpath (see Location Map 2). The stock
fencing will be containing cattle, so two top wires of barbed wire are required above the stock
netting.
1.2.1.1 The fence starts at the end of WalsF1 (SD 95550 20380) and runs east along a footpath to
below the dam of Warland Reservoir (SD 95776 20550) where it meets WalsF3 and WalsF4.
1.2.1.2 The fence should be 3-4m from the path at all times, as there may be horse riders using this
path.
1.2.2 Install a 12’ Fieldgate (WalsFG1) where a desire line/rough track crosses the fence line (SD
95584 20414).
1.2.3 Install a water gate (WalsWG1) over a small stream (SD 95623 20447).
Location Map 2 – WalsF2 and parts of other fences
1.3
WalsF3
1.3.1 Install 980m of stock fence, running at the bottom of the dam wall of Warland reservoir (see
Location Map 1). The stock fencing will be containing cattle, so two top wires of barbed are
required above the stock netting.
1.3.1.1 The fence starts at the end of WalsF2 and WalsF4 (SD 95776 20550) and runs along the
bottom of the dam, slightly up the embankment to the west of the dam wall (to reduce the
visual impact of the fence). Avoiding any workings in the bottom of the dip (see picture below).
Tender for Fencing on moorland on Walsden, Blackstone Edge and Butterworth Common
2012/13-MFF27
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1.3.1.2
The fence ends by joining to an existing short section of post and rail fencing at the outflow of
the reservoir (SD 95449 21458).
Photo 1 – Part of proposed fence (WalsF3), showing that it should go in the dip between the dam embankment
and another raised ridge (red lines)
1.3.2
1.3.3
1.3.4
1.3.5
1.3.6
1.3.7
Install a 12’ field gate (WalsFG2) on a desire line/footpath near the start of the fence, and near
the track in picture (above) (SD 95778 20559). The positioning should take into account use by
walkers, horse riders, farmers moving stock and access of excavators/machinery to get to the
reservoir workings.
Install a 12’ field gate (WalsFG3) on the fence line 240-250m north of WalsFG2 at a point at
which an excavator/machinery could use to get to the workings in the bottom of the dip at the
foot of the dam wall. (approx SD 95702 20787).
Install a stile (WalsS1) 240-250m north of WalsFG3.
Install a stile (WalsS2) 240-250m north of WalsS1.
Install a stile (WalsS3) 200-220m north of WalsS2 at a point convenient for use by walkers on a
desire line down the banking from the track/Pennine Way at the top of the dam wall.
Not on the line of the fence install a 12’ field gate (WalsFG4) between two stone walls on the
track/Pennine Way (see picture below), and post and rail to fill gaps.
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Photo 2 - Where a field gate (WalsFG4) should be erected across the Pennine Way / an access track
1.4
WalsF4
1.4.1 Install 445m of fence crossing the path/track and running to the south of the track/path, and
1.4.1.1
1.4.1.2
1.4.1.3
1.4.1.4
1.4.2
1.4.3
1.4.4
1.4.5
around a large flat ‘lay-by’, crossing the track/Pennine Way and meeting the overflow from Light
Hazzles reservoir to Warland reservoir (see Location Map 3). The stock fencing will be
containing cattle, so two top wires of barbed wire are required above the stock netting.
The fence starts at the junction of WalsF2 and WalsF3 (SD 95774 20552) and runs south east
crossing a track/path.
The fence then crosses a stream and follows the track (keeping to the south of the track) on
the embankment next to the path, part way up to reduce the visual impact of the fence.
When the track widens into a lay-by, the fence will encircle the lay-by, and cross the Pennine
Way/other track at the south eastern end of the lay-by.
The fence will then meet up with the overflow from one reservoir to the other (SD 96147
20335).
Install a 12’ field gate (WalsFG5) where the fence cross a track/path (SD 95784 20547).
Install a water gate (WalsWG2) 10-15m south east of WalsFG5, where the fence crosses a
stream (SD 95792 20539).
Install a stile (WalsS4) 180-190m south east of WalsWG2 at a convenient point for pedestrian
access. (SD 95942 20437).
Install a 12’ field gate (WalsFG6) and bridle gate (WalsBG2) next to each other where the fence
crosses the Pennine Way/track (SD 96129 20335).
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Location Map 3 - Map showing fences WalsF4 and WalsF5
1.5
WalsF5
1.5.1 Install 55m of stock fence from the shore of Light Hazzles reservoir along the conduit to
Warland reservoir (see Location Map 3). The stock fencing will be containing cattle, so two top
wires of barbed wire will be need above the stock netting.
1.5.1.1 The fence starts by the shore of Light Hazzles reservoir (SD 96153 20336) to the shore of
Warland reservoir (SD 96120 2077).
1.5.1.2 Install 3.65m of post and rail fence at either end of the netted fence line using tanalised timber
consisting of five rails and posts according to specification 9 outlined below.
1.5.2 Install a bridle gate (WalsBG3) by the footbridge across the conduit (SD 96140 20352).
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2.
2.1
Blackstone Edge Common
BlacF1
Location Map 4 – Showing the location of BlacF1, a fence between two reservoirs
2.1.1
2.1.2
2.1.3
Install 280m of stock fence from the shore of Light Hazzles reservoir to the shore of White
Holme reservoir (the water level has risen since this aerial photo, Location Map 4, was taken).
The stock fencing will be containing cattle, so two top wires of barbed wire are required above
the stock netting.
Install a stile (BlacS1) near the concrete reservoir workings/bridge between the two reservoirs
(SD96553 19724).
Install 3.65m of post and rail fence at either end of the netted fence line using tanalised timber
consisting of five rails and posts according to Specification (Clause 9) outlined below.
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Location Map 5 – Map Showing the fences BlacF2 and BlacF3 near the White House pub and A58
2.2
BlacF2
2.2.1 Install 350m of stock fence from a gate over the track/Pennine way (SD 96640 18180) running
2.2.2
2.2.3
south and skirting round to the west of some areas of bare peat, and turning west to meet a wall
corner (SD 96460 17950) (see Location Map 5). The stock fencing will be containing cattle, so
two top wires of barbed wire will be need above the stock netting.
Install a stile (BlacS2) roughly half way between the ends of the fence (approx SD 96610
18010).
Install a stile by the end of the fence near the corner of the wall that it meets (SD96470 17940).
2.3
BlacF3
2.3.1 Install 315m of stock fence. From a stone wall at the north end (SD 96180 17650), across a
stream and up a steep hill to near a road (A58) (SD 96380 17410). The south end of the fence
will meet up with another fence being erected at a similar time, if this roadside fence is already
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2.3.2
2.3.3
2.3.4
2.3.5
3.
3.1
erected, this fence must meet up with it (see Location Map 5). The stock fencing will be
containing cattle, so two top wires of barbed wire are required above the stock netting.
Install a water gate (BlacWG1) about 20m from the wall at the north end of the fence (SD96190
17620).
Install a kissing gate (BlacKG1) on a footpath just south of the stream (SD 96190 17620).
Install a kissing gate (BlacKG2) part way up the hill about 100m from the last kissing gate
(BlacKG1) on a footpath (SD96250 17540).
Install a bridle gate (BlacBG1) on a bridle way (SD 96300 17470) about 100m up the hill from
BlacKG2.
Butterworth Common
ButtF1 (approximately 1km south of White House pub)
Location Map 6 – Showing the fence along a Roman Road/Pack horse trail that is a Scheduled Ancient
Monument (ButtF1)
© Crown copyright and database rights 2011. 100005734
Install 885m of stock fence from a wall corner (SD 96580 16890) at the western end up a hill to
join to the corner of a fence (SD 97410 17120). The stock fencing will be containing cattle, two
strands of barbed top wire are required above the stock netting (see Location Map 6). The
fence posts will need to be placed in the same holes as the fence which will be removed.
3.1.1.1 The fence should follow the line of a derelict wall, keeping to the south of the line of the wall.
3.1.1.2 The footpath running parallel to the fence (to the north) is a Scheduled Ancient Monument. No
machinery or materials should be used or stored on the path. Sections of the path are paved,
or paving is covered by vegetation, so work should be well clear of any area that may have
3.1.1
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3.1.2
3.1.3
3.1.4
3.1.5
3.1.6
archaeological interest underneath even if it is not visible at the surface. The Contractor should
note the provisions of Standard Condition 37.
Remove the existing fence and access features; 885m of fence, stiles and bridle gates.
Install a bridle gate (ButtBG1) at the start of the fence replacing an existing gate (SD 96580
16890).
Install a stile (ButtS1) approximately 150m east of ButtBG1 at a point convenient for crossing
the fence (approx SD 96730 16930).
Install a bridle gate (ButtBG2) on the footpath that follows a culvert, on the site of an existing
gate (SD 96950 16980), approximately 225m east of ButtS1.
Next to ButtBG2 install a watergate (ButtWG1) over the culvert (SD96960 16980).
Photo 3 – Showing the Bridle gate and water gate to be replaced on ButtF1
3.1.7
3.1.8
3.1.9
Install a stile (ButtS2) approximately 160m west of ButtWG1 at a point convenient to cross the
fence (approximately SD 97120 17000).
Install a bridle gate (ButtBG3) on the footpath (Pennine Way) on the site of an existing stile (SD
97340 17060) approximate 230m west of ButtS2.
Install a stile (ButtS3) near the western end of the fence approximately 100m from ButtBG3 (SD
97410 17120).
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Location Map 7 – Overview showing the fences on Butterworth Common south of the M62
© Crown copyright and database rights 2011. 100005734
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3.2
ButtF2
Location Map 8 – ButtF2 and the bridle gate (ButtBG7) by the footbridge over the M62
© Crown copyright and database rights 2011. 100005734
Install 600m of stock fencing mostly along the line of a derelict wall (pink line), with a section
(red line) not along the line of an existing boundary.
3.2.1.1 The fence should start at the fence along the M62 (SD 97430 14570) and run to a fence
replacing a derelict wall (SD 97690 14130) (see Location Map 8).
3.2.1.2 Where possible the fence should run on the west side of the derelict wall.
3.2.1.3 The stock fencing will be containing cattle, two strands of barbed top wire are required above
the stock netting.
3.2.1
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Photo 4- Showing some of the northern section of ButtF2
3.2.2 Install a bridle gate (ButtBG4) approximately 40m from the fence along the M62.
3.2.2.4 This section of fence and bridle gate run over a pipe carrying a beck under the motorway, so
3.2.3
3.2.4
3.2.5
extra care must be taken to not damage this. The Authority has no further information
regarding this pipe. The Contractor should note the provisions of Detailed Condition 6 (Section
3 Part D) dealing with the location of services and the Contractor’s obligations.
Install a stile (ButtS4) after about 230m of fence (approximately SD 97480 14380).
Install a bridle gate (ButtBG 5) where there is a gap in the wall. There is one stone gate post to
mark this, and the permissive path is wide due to illegal use by off road vehicles (SD 97610
14230).
Install a bridle gate on a bridleway (ButtBG6) just before the fence meets up with an existing
fence (SD 98340 14680).
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3.3
ButtBG7
Location Map 9 – Showing the location of the bridle gate and post and rail fencing by the footbridge over the M62
3.3.1
3.3.2
Install a bridle gate (ButtBG7) on the Pennine Way by a footbridge over the M62.
To make this stock proof also install 10-12m of post and rail fence (no barbed wire) from the
existing fences along the M62 (see Location Map 9).
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Location Map 10 – Showing the fences ButtF3 and ButtF5
© Crown copyright and database rights 2011. 100005734
3.4
ButtF3
3.3.1 Install 675m of stock fencing to exclose an area containing rec lodges (steep areas) to prevent
cattle being injured. The stock fencing will be managing cattle, two strands of barbed top wire
are required above the stock netting.
3.3.1.1 The section from ButtS7 to past ButtS6 is along an infrequently used track, so the fence
should not impede access along the track (by being on the west/north of the track).
3.3.1.2 The fence should start on the south side of Piethorne Clough joining to a fence that is
replacing a derelict wall (SD 97440 13680). It runs on a circuitous route joining back onto the
same wall (the wall is in a good state at that point) near a gate way (SD 97480 13430) (see
Location Map 10).
3.3.2 Install a stile (ButtS5) at a convenient location for use by walkers approximately 170m from the
end of the fence at Piethorne Clough (SD 97590 13680).
3.3.3 Install a stile (ButtS6) after no more than 250m of fencing (approximately SD 97560 13640).
3.3.4 Install a stile (ButtS7) no more than 250m from ButtS6, approximately 10m from the end of the
fence (approximately SD 97480 13440).
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3.4
ButtF4
Location Map 11- Showing the fence ButtF4
Install 330m of stock fence to exclose an area of steep rec lodges to prevent cattle being
injured. The stock fencing will be managing cattle, two strands of barbed top wire are required
above the stock netting.
3.4.1.1 The fence starts at a fence replacing a derelict wall at the west end (SD 97414 12783) and
runs on the north side of a culvert, turning south and crossing a track and meeting a fence to
the west of a gate (SD 97647 12582) after having gone on the west side of a track across a
brook (see Location Map 11).
3.4.2 Install stile (ButtS8) 60m from the start of the fence (SD 97447 12753).
3.4.3 Install a 12’ field gate (ButtFG1) where the fence crosses a track (SD 97650 12809).
3.4.1
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Photo 5 – Showing the fence (ButtF4) going on the west side of a track and meeting an existing fence (red lines)
3.5
ButtF5
3.5.1 Install 500m of stock fence from an existing fence that runs along the A672 (SD 98110 13450)
east to another existing fence (SD 98570 13250) (see Location Map10).
The eastern end of the fence F5 must not meet the existing approximately 90-100m from the
Pennine Way both to prevent a feeling of enclosure for walkers and to prevent an area where
stock may be penned in by walkers with dogs.
3.5.1.2 The fence will be used to manage only sheep, so a single plain top wire should be used on this
fence.
3.5.2 Install a stile (ButtS9) approximately 30m from the start of the fence by the A671 (SD 98130
13430).
3.5.3 Install a stile (ButtS10) after 210m of fence from ButtS9 (SD 98320 13330).
3.5.4 Install a 12’ field gate (ButtFG2) after a further 210m and approximately 50m from the end of
the fence (SD 98520 13270).
3.5.1.1
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PART C
1.
STANDARD FENCING SPECIFICATION
TRANSPORT OF MATERIALS, GENERAL
1.1 Contractors are responsible for transporting all Materials on and to the Work Sites.
1.2 Areas of the Work Sites(s) can be over 1km from the nearest metalled road or surfaced track.
1.3 The Work Sites are reasonably level in most places, with some steeper sections. The fences
BlacF3, Butt2 and ButtF3 have some quite steep sections.
1.4 The Contractor is responsible for rectifying all damage caused by the Works to the Work
Sites(s). Damage is to be minimised by selecting appropriate equipment and timings.
1.5 Damage is to be rectified promptly to a standard set down by the Nominated Officer.
1.6 The Contractor is responsible for all costs incurred.
1.7 Transport of Materials is recommended to be undertaken by airlift or low ground pressure
vehicle.
1.8 The Contractor will provide a Method Statement with their Tender Return detailing their
proposed method for transporting Materials to and from the Work Sites(s).
1.9 The method(s) of transporting Materials to and from the Work Sites(s) must be agreed with the
Nominated Officer prior to the Works Commencement Date.
1.10 When transporting Materials and equipment to and from the Works Sites the Contractor will
seek to minimise damage to the ground surface.
1.11 Tenderers intending to transport materials to site by airlift must provide evidence of
their experience of undertaking the airlifting of materials to remote sites with their Tender
return
2.
STOCK FENCING
Fencing should be erected in accordance with British Standard 1722.
Before erecting new fencing, all old fencing material must be removed at the cost of the
Contractor.
2.3
Road side fences alignment should take into account the requirements of access features
such as bridle gates located within the fence line. Bridle gates should be at least 4m from
the edge of the carriageway.
2.4
All softwood timber must be fully peeled and tanalised or treated with an approved
preservative. Durable hardwood, such as oak or sweet chestnut, may be used and does not
require treatment with preservatives.
2.5
Timber sizes quoted are minimum requirements.
2.6
Peat is a soft substrate and so use of longer than standard posts and strainers will be
required where peat is encountered to ensure the fence line is stable and fit for purpose for
the duration of its expected life.
2.7
Concrete is not to be used under any circumstances to secure any strainer, intermediate or
gate posts.
2.8
New fencing should avoid sites of archaeological or historic importance. The Nominated
Officer will inform Tenderers of any such sites on the Work Site(s). The Contractor should
note the provisions of Standard Condition 37.
2.9
The fence is to be constructed of galvanised mild steel stock netting topped with a single
strand of plain wire or double strands of barbed wire as per the detailed specifications. The
fence should be approximately 1.05 to 1.10 metres high. Wire used must conform to
BS4102.
2.10
The wire must be properly strained and fastened with galvanised staples. Staples are to be
inserted across the grain of the post.
2.11
Strainers
2.1
2.2
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Straining post dimensions should be at least: 150mm top diameter; 2.4 m (8 ft) in length,
with the strainer post driven in at least 750mm into the ground. Please note these are
minimum dimensions.
2.11.2
Strainer posts should be used at each end of the fence and at each corner and turning
point. They may also be necessary where there is a significant difference in gradient –
e.g. when climbing into and out of gullies. For fence sections with no turns or significant
changes in gradient spacing of no more than 150m.
2.11.3
Struts should be at least: 75mm top diameter and 1. 85m (6ft) long.
2.12
Intermediate posts
3.12.1
Intermediate post should be at least: 75mm top diameter and 1. 85m (6ft) long; spacing
of no more than 3.5m with the post driven in at least 450mm. Please note this is a
maximum expected separation and closer spacing may be required to account for
localised changes in ground Conditions. Posts longer than 1.9m may also be required
for in some short sections of the fence.
3.13
Stock Netting. Net dimensions, 8-80-22, mild steel, medium or heavy gauge or HT.
3.14
Line Wire – HT or mild steel
3.15
Top wire should be 3.15mm minimum for plain wire or 2.5mm minimum for barbed wire.
3.15.1
There must be no barbed wire within 1m of all gates and stiles in accordance with
BS5709:2006.
3.16
Bottom wire should be 3.15mm minimum
3.17
Fencing through hollows: there should not be a gap of more than 75mm between the bottom
wire and the ground, to ensure the fence is stock proof. Gaps are to be filled with rails. In
filling of hollows with turf is not to be undertaken.
3.18
Netting should not rest on the ground surface
3.19
Metal grouse plates should be fixed between the top wire and the stock netting at the mid
point between all posts. Plastic net or mesh should not be used.
2.11.1
4.
FIELD GATES
The field gate must be erected in accordance with British Standard 3470 and should be
made of timber.
4.2
All timber must be fully peeled and tanalised or constructed from durable hardwood.
4.3
The gate must be soundly framed and constructed in a traditional and appropriate local
style. The height must correspond to the adjoining fence and the gate must be fitted with the
appropriate fittings required for its operation.
4.4
The gate must be hung and clapped independently of the adjoining fence line i.e. the
hanging post must not be used as an end strainer.
4.5
Gate posts should be set at least 1100mm below the ground surface with the soil well
compacted around the posts in 150mm layers. Concrete must not be used. The top of the
posts should be weather capped.
4.6
Gate posts should be 150mm by 2.4m (8 foot) minimum.
4.7
Width of gates should be: 3m (10ft) unless specifically requested by the Nominated Officer.
4.8
Top rail of gate should be: 100mm x 75mm
4.9
Under rails of gate should be: 75mm x 25mm
4.10
Braces of gate should be: 75mm x 25mm
4.11
Hanging stile of gate should be: 100mm x 75mm
4.12
Shutting stile of gate should be: 75mm x 75mm
4.13
Bottom hinge should be reversed to prevent removal.
4.14
Closure should be by automatic latch, which can be locked using a padlock if necessary.
4.1
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5.
STEP STILES
All stiles must be erected in accordance with British Standard BS5709:2006
Where moorland areas have area access under the CROW Act (2000) timber stiles are to
be constructed every 250m along the fence line to enable access between these areas.
5.3
The stile must be adequately stock proof but provide good access for all legitimate users.
5.4
Stiles should be placed to avoid areas of waterlogged ground and water channels.
5.5
Steps should be set at an angle of between 45 degrees and 90 degrees to the top rail. Two
steps will be needed if either the stile is on sloping ground, or the top rail needs to be higher
than 900mm. The rise between the upper step and the top rail should be not more than
450mm. Work should be carried out to the standard required to safely perform its intended
function for the duration of the temporary fence (minimum of 10 years life expected) or the
lifetime of the management agreement whichever is the most appropriate.
5.6
Single steps should be at 90 degrees to the top rail.
5.7
Dual steps at 45 degrees if scissored or 90 degrees if side by side.
5.8
Timber must be sound and tanalised or treated with an appropriate preservative. Untreated
larch is acceptable. No barbed wire, nails or rough sawn edges should be left exposed.
5.9
The step should not rest upon the wire at any point.
5.10
Supports for steps should be: 4 in number and of dimensions of 75mm by 150mm and at
least 750mm in length.
5.11
Steps should be: 2 in number and of dimensions 175 x 50 x 900 mm
5.12
Hand post should be: one in number and of dimensions 2250mm by 75mm by 75mm with
the top rounded to form a hand hold.
5.13
Cross ties should be: 2 in number and of dimensions 100mm by 50mm.
5.1
5.2
6.
BRIDLE GATES
All bridle gates must be erected in accordance with British Standard BS5709:2006
Bridle gates within road side fencing should be at least 3m back from the edge of the
carriageway.
6.3
All timber must be fully peeled and tanalised or treated with an approved preservative.
6.4
The gate must be soundly framed and constructed in a traditional and appropriate local
style. The height must correspond to the adjoining fence and the gate must be fitted with the
appropriate fittings required for its operation.
6.5
The gate must be hung and clapped independently of the adjoining fence line i.e. the
hanging post must not be used as an end strainer.
6.6
Bridle gate posts should be set at least 1000mm below the ground surface with the soil well
compacted around the posts in 150mm layers. Concrete should not be used. Bridle gate
posts should be 150mm x 150mm x 2440mm minimum (larger dimensions may be
appropriate on areas of deep peat).
6.7
Width of the gate should be 1525mm minimum, greater width will be required for gates with
2 way opening as the gate is hung between the posts.
6.7.1 Top rail of gate should be: 100mm x 75mm
6.7.2 Under rails of gate should be: 85mm x 25mm (approximately) planed.
6.7.3 Braces of gate should be: 85mm x 25mm (approximately) planed.
6.7.4 Hanging stile of gate should be: 100mm x 75mm
6.7.5 Shutting stile of gate should be: 75mm x 75mm
6.8
Gate construction notes:
 Top and bottom rail – morticed full width and pegged.
 Other rails – half morticed.
 Braces – morticed to stiles and bolted to rails.
 Hinges should be self closing
6.1
6.2
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




7.
Self closing gate with 1 way (90 degree) opening should have a 35mm offset on
hinges. Top hinge should be 600 double strap band with offset eye. Bottom hinge
should be adjustable.
Self closing gate with 2 way (180 degree) opening should have hinges
appropriate for the purpose.
Bottom hinge 1 way and 2 way opening gates should be reversed to prevent
removal.
Catches should be Handy (long handle) Auto Latch type on 1 way opening gates
and trombone Easy Latch type on 2 way opening.
Catch and closure type should be 1 way with handy auto latch
KISSING GATES
All kissing gates must be erected in accordance with British Standard BS5709:2006
Kissing gates are to be fitted at all desire line access points, with wooden step stiles fitted
where the definitive footpath crosses the fence line and in the middle of the other side.
Kissing gates are to be 1200mm wide, wooden or steel and inaccessible to bicycles,
motorbikes or horses. (See Fig. 1 below).
7.3
Construction and Installation Details
7.2.1 Gate Hanging Post: 2440mm x 150mm x 150mm; erected to a top height of 1325mm
above ground level.
7.2.2 Gate: Standard 1200mm wide timber wicket gate.
7.2.3 Top rail of gate should be 100mm x 75mm
7.2.4 Under rails of gate should be: 85mm x 25mm (approximately) planed.
7.2.5 Braces of gate should be: 85mm x 25mm (approximately) planed.
7.2.6 Hanging stile of gate should be: 100mm x 75mm
7.2.7 Shutting stile of gate should be: 75mm x 75mm
7.3
Gate construction notes:
7.3.1 Top and bottom rail – mortised full width and pegged.
7.3.2 Other rails – half mortised.
7.3.3 Gate to close using Self-closing Hinges : Top – 450mm double strap band with normal
eye and bottom – 127mm double strap band with eye on corner (supplied by
Centrewire). The bottom hinge should be reversed to prevent removal and any hinge
bolts protruding through hanging post should be hammered to prevent bolt removal.
7.4
Enclosure Posts: 4 x 1800mm x 100mm x 100mm; erected to a height of 1070mm above
ground level.
7.5
Enclosure Rails: 5 rows of 88mm x 38mm rails (c. 1500mm long) on either side; 5 rows of
88mm x 38mm rails on the end (1580mm long). All erected to a top height of 1015mm
above ground level with the lowest rail 50mm above the ground.
7.6
The internal width of the enclosure should be at least 1500mm to ensure that, when the gate
is fully open, the distance between the gate and the clapping post is a minimum of 1000mm.
7.7
Five rows of rails will be required, rather than the four illustrated.
7.8
The gate must be hung and clapped independently of the adjoining fence line i.e. the
hanging post must not be used as an end strainer.
7.1
7.2
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Fig. 1. Drawings – Kissing Gate
8.
WATER GATES
8.1 The water gate should be appropriate to keep the stream and river channel stock proof
whatever the water level.
8.1.1 Variations in specification can be made subject to the approval of the Nominated
Officer at Moors for the Future.
8.2 Water gates are required where fence lines cross rivers and streams. The water gate and
the associated approach fencing must be separated from the main fence line.
8.2.1 The fence line should be strained before and after the water gate.
8.2.2 The water gate should be joined to the fence line by a short section of post and rail or
fixed netting erected in accordance with BS1722 fences.
8.2.3 Each gate must be constructed to fit the profile of the individual stream.
8.2.4 Water gates should be hung from a horizontal pole and attached to it by chains.
8.2.5 The pole should be at a height to prevent it catching debris carried down stream during
flood events and allow the gate to swing freely.
8.2.6 The pole should be fixed to straining posts at each end.
8.2.7 Straining posts may require bracing on the downstream side where the channel width
is greater than 1500mm or 1000mm depth.
8.2.8 Straining post dimensions should be at least: 150mm top diameter; 2.4m in length,
with the strainer post driven in at least 750mm into the ground. Please note these are
minimum dimensions.
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8.3
8.4
9.
Use of cable (minimum diameter 8mm) in place of the pole may be considered for longer
spans.
The gate should consist of a series one of more hinged gate panels consisting of a top rail
with droppers attached and a bracing rail crossing the droppers approximately 1/3rd of the
distance from the top rail.
8.4.1 Droppers should be no more than 150mm apart.
Post and Rail Fencing
9.1 Half Round Rails These should be untreated timber of 3.65m (12ft) in length and a half round
diameter of 10cm with five rails used.
9.2 Intermediate Posts These should be round posts of a minimum diameter of 100mm and should
be of durable softwood and should be of a length of 1.85m (6ft) spacing of no more than 1.8m
driven in at least 450mm, closing spacing may be required to ensure that the post and rail
fence is firm depending on exact ground conditions
9.3 Five rails should be used with the bottom rail no more than 75mm above ground/normal water
levels. Additional spacing’s should then be 75mm between 1st and 2nd and 3rd rails. The top rail
should be at a height of the top strand of barbed wire on the adjoining netting with the 4th rails
being affixed half the distance between the 3rd and 5th rails.
9.4 Rails should be fixed using a minimum of two nails per joint using 100mm galvanised round
topped nails.
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10 SITE REPAIR
10.1
The Site must be returned to as close to pre-works condition as soon as practically
possible at the end of the Works and to the satisfaction of the Nominated Officer.
10.2
Turves lifted by the turning and movement of tracked and / or wheeled machinery must
be replaced and distributed to cover the damaged area.
10.3
Ruts and track lines that are likely to result in erosion should be blocked or filled in.
Works to rectify these should be discussed with the Nominated Officer prior to being
undertaken.
10.4
Fence sections that have been cut or removed to gain access should be replaced with
an appropriate length of new wire and posts.
10.5
Off cuts and Materials not used during the construction of the fence should be gathered
and removed from Works Sites.
10.6
The Contractor must undertake other works to restore and rectify damage to the Works
Site as directed by the Nominated Officer.
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PART D
DETAILED CONDITIONS
1. Timing of Project Delivery
1.1. The Works are to be carried out in accordance with the Programme of Works to be provided
with the Tender Return. Any variations must be agreed in advance in writing by the Nominated
Officer.
1.2. The Works (including for the avoidance of doubt any Deliveries) must not commence without
the express permission from the Nominated Officer.
1.3. Starting not before Contract Commencement date:1st January 2013
1.4. Finishing not after Target Completion Date: 10th April 2013
1.5. All Works will be carried out at the Work Sites at the direction of the Nominated Officer to
coincide with other carefully timed contracts.
2. Access and Deliveries
2.1. Access to Walsden Common is via an access track for the reservoirs. There are bridges and
dam walls to be crossed, and details of deliveries should be given to the Nominated Officer
(size and weight) so that restrictions can be checked and approved by United Utilities (the
owner of the track). No access is to take place unless and until approval is given by the
Nominated Officer. The Contractor shall comply with any requirements or conditions of such
approval.
2.2. Access to BlacF1 and BlacF2 may also be via the access tracks.
2.3. BlacF3 is on a bridleway (the old route of the road, that is accessible to a tractor) although
parts of the fence line are down a steep bank and inaccessible to vehicles.
2.4. ButtF1 is adjacent to a bridleway which is designated a Scheduled Ancient Monument, so
special care must be taken when moving materials across it. Access will be across open
moorland from the A58 near the White House pub. The Contractor should note the provisions
of Standard Condition 37.
2.5. ButtF2-F5 are all accessed over open moorland from the A672. The northern section of ButtF2
is inaccessible to vehicles.
2.6. All access across open moorland should be notified to the Nominated Officer one week in
advance, with routes being used so that landowners and tenants can be consulted. No access
is to take place unless and until approval is given by the Nominated Officer. The Contractor
shall comply with any requirements or conditions of such approval.
2.7. Where it is deemed necessary a helicopter may be used to transport Materials to the Sites,
plans for this must be discussed with and approved by the Nominated Officer prior to Works
commencing. No access is to take place unless and until approval is given by the Nominated
Officer. The Contractor shall comply with any requirements or conditions of such approval.
2.8. Where airlifting of materials is being undertaken the Lift Site/s is to be left in a neat and tidy
condition commensurate with its use as a temporary lift site within a SSSI.
2.9. The Nominated Officer shall give instructions to the Contractor before the Works
Commencement Date as to extent of land at the relevant Lift Site that can be used in
connection with the Deliveries and Works (including, if applicable provision of a copy of any
permissions granting use of the Lift Sites). The Contractor must comply with these instructions
and any conditions contained in any permission and ensure that all sub-contractors are notified
of the same.
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2.10.
The Contractor shall not damage or permit damage of any Lift Site. In the event of any
damage, the Contractor shall procure that the same is reinstated to the absolute satisfaction of
the Nominated Officer within 1 month of the last lift from the relevant Lift Site
3. Transport of Materials
3.1. The Contractor must procure the Supply and Delivery of Materials required to complete this
Contract.
3.2. The Contractor must provide its own Equipment suitable for movement and loading of all
Materials for the Works.
3.3. The Contractor must provide a list for approval before the Works Commencement Date to the
Nominated Officer of all and any Machinery to be used during the Contract Period.
3.4. No quad bikes or similar vehicles are to be allowed on any Site without the prior written
approval of the Nominated Officer. The Contractor shall comply with any requirements or
conditions of such approval.
3.5. The Works Sites include (but are not limited to) waterlogged areas, deep gullies and stream
channels.
3.6. When transporting Materials and Equipment to and from the Works Sites and within the Works
Sites the Contractor will seek to minimise damage to the ground surface, and adjacent features
(walls, pasture etc).
3.7. If ground conditions deteriorate to the point where damage is occurring, the Contractor must
immediately inform the Nominated Officer and halt work as necessary and take such action as
is required to prevent further damage and repair any damage occurring.
3.8. The Contractor is responsible for promptly rectifying all damage caused by access and use of
the Sites promptly at his own expense and to the absolute satisfaction of the Nominated
Officer.
3.9. All works to be undertaken by the Contractor must comply with the codes of practice for
Operations on Sites of Special Scientific Interest, Water Catchment Land, Environment Agency
Regulations, Regulations issued by Dept. Of Environment, DEFRA and all current Health and
Safety Regulations
4. Materials
4.1. All Materials will be provided by the Contractor and shall be the property of the Authority on the
Works Completion Date.
5. Aerial Load Lifting (if required)
5.1. It is the responsibility of the Contractor to ensure that it has all the required Equipment and
personnel to satisfactorily complete the Works.
5.2. The Contractor must supply personnel to marshal both the Lift and Works sites at all times
these are in operation. The Contractor must be capable of getting all necessary Equipment
required to the Lift Sites and Works Sites in order to properly carry out the Works.
5.3. Aerial load lifting in connection with other projects may also be carried out from the same or
another local lift site during the winter of 2012-2013. The Contractor is obliged to liaise with
and comply with the instructions of the Nominated Officer and any other contact
provided by the Nominated Officer to ensure that it is aware of and co-ordinates with
such activities and shall take all such precautions and adjustments to its operations as
may be necessary to ensure safety.
5.4. Such instructions given by the Nominated Officer in connection with Clause 5.3 above may
require the Contractor to move to another Work Site or to delay the Works until such times as
the relevant Lift Site is clear and safe to operate from. Wherever possible the Nominated
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Officer shall give at least 48 hours notice of such requirement. This shall not be treated as a
Contract Variation.
5.5. Notice of at least two weeks must be given to the Nominated Officer before airlifting occurs.
6. Utilities and Services
6.1. The Contractor is responsible for the identification of general and exact location of utilities and
services within the Sites prior to the Works Commencement Date.
6.2. Information provided by the Nominated Officer or other parties under the direction of the
Nominated Officer is for guidance only and not a comprehensive survey and account of all
utilities and services on the Site.
6.3. The Contractor must provide the Nominated Officer with an auditable written record
demonstrating that a search for utilities and services has been undertaken prior to the Works
Commencement Date.
6.4. Location of Services; The Contractor is to liaise with all relevant Statutory Authorities as to the
location of any services that may affect the completion of the Works. Follow HSE: HS G47
guidance note.
6.5. The Contractor must provide the Nominated Officer with the exact locations of any services and
utilities identified on the Site prior to the Works Commencement Date.
6.6. [The Nominated Officer or other parties under the direction of the Nominated Officer has not
undertaken an outline search for utilities and services using www.linesearch.org.uk]
6.7. The Contractor must include the results of such enquiries in its Method Statement and Risk
Assessments and comply with HSE guidance in that regard.
7. Environmental Requirements:
7.1. The Works Site & Lift Sites have SSSI status – the Nominated Officer has obtained consent for
the Works at these sites. The Contractor agrees to comply with and abide by any
conditions or instructions notified to it that may be imposed or required as a condition
of such consent.
7.2. No litter of any description is to be left on the Works or Lift Sites (including cigarette butts).
7.3. The Contractor is restricted to the specified storage areas for the unloading, loading of
Materials, parking of vehicles, and storage of Materials.
7.4. No herbicides or fuels are to be stored on Work Sites overnight or in unattended work areas.
7.5. No machinery is to be left unsecured or unsupervised near to any open watercourse.
7.6. All public highways, footpaths, or cycleways are to remain clear of debris at all times.
7.7. The Sites are unsecured with a right of access to the public under the Countryside and Rights
of Way Act 2000
7.8. Machinery, Equipment and fuel must NOT be left unattended or remain on the Lift Sites
overnight. The Contractor is responsible for sourcing secure storage at an appropriate location
nearby to accommodate the Equipment and fuel whilst the Works are not being undertaken.
7.9. Removal of Waste Materials and any other Materials from the Work and Delivery Sites shall
remain the responsibility of the Contractor. In the case of removal requiring airlifting from the
Works Sites the Contractor should seek to minimise costs by liaising with the Nominated
Officer to ascertain possibility of co-ordinating this aspect of the Works with other Moors for the
Future projects.
7.10.
Equipment movement on the Lift Sites should be kept to the minimum that might
reasonably be expected to complete the Works. Equipment access and egress routes must be
agreed with the Nominated Officer prior to the Works Commencement Date. Method
Statements must state types of Equipment to be used.
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8. Health and Safety
8.1. The Contractor will be responsible for Health and Safety during the course of the Contract. The
Method Statements will need to be approved by the Nominated Officer. Method statements
should include operational risks assessments, copies of which are to be submitted with this
tender. Failure to submit Method Statements and Risk Assessments may result in the
disqualification of the Tender.
8.2. Copies of Site Risk Assessments for all the Sites identified in the Location Maps will be
required prior to the Works Commencement Date.
8.3. Product Safety Data sheets, if required, will be supplied by the successful Contractor.
8.4. The Contractor is to provide his own welfare facilities for the duration of the Works.
8.5. Health and Safety Plan
8.5.1. The Contractor is to submit a copy of his Health and Safety Policy with the Tender,
issued to his employees, to the Nominated Officer. This will form part of the Site Safety
Plan.
8.5.2. The Works are subject to Risk Assessment by the Contractor and the assessment will
form part of the Site Safety Plan. Prior to commencing work the Contractor will submit any
alterations to the tender method statements that may be necessary, for the approval of the
Nominated Officer. The Contractor’s Health & Safety plan will be subject to the Nominated
Officers approval, prior to the commencement of the Contract.
8.6. Potential Hazards Associated with the Works
The Contractor should indentify all potential hazards associated with the Works and provide
risk assessments and Method Statements for the mitigation of these with the Tender Return.
Hazards should be considered in terms of:
8.6.1.1.
The Site(s) and any other locations utilised during the delivery of the Works.
8.6.1.2.
Works(s) and operations and activities undertaken when delivering the Works
and the potential impacts of these on the Site(s) and the users.
8.6.1.3.
Users, any and all individuals, groups, organisations and companies that may
have reason to visit the Site(s) on which the Work(s) are being undertaken.
8.7. Site Safety Considerations
8.7.1. Ground conditions: Details concerning ground contamination and instability are not
available and the Contractor should make its own enquiries in that regard.
8.7.2. No representation is made by the Authority as to the existence of contamination or
otherwise.
8.7.3. Lifting of heavy objects; the Contractor and employees should follow Manual handling
operation regulations 1992.
8.7.4. The Contractor shall employ the ‘best practical means’ as defined in the Control of
Pollution Act 1974 to minimise noise and vibration resulting from his operation, and shall
have due regard to British Standard B35228 1975, Code of Practice for Noise Control on
Construction Sites.
9. Heli-lifting detailed conditions
9.1. Licences and Certificates:
9.1.1. Pilots must have a valid Commercial Pilots Licence and Aerial Application Certificate.
9.1.2. The Contractor must ensure that the use of helicopters complies with all CAA and HSE
guidelines.
9.1.3. The Contractor or Sub-contractor undertaking any aerial works must also hold an Air
Operators Certificate and a CAA Type B Operating Licence.
9.1.4. Employees of the Contractor or Sub-contractor must not be flown to any Site in an
aircraft unless that aircraft is being operated in conjunction with a valid Air Operators
Certificate.
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9.1.5. Copies of all of the above documents must be submitted with this Tender.
9.2. It may be necessary to airlift personnel onto the Sites to review the work in progress. It may
also be necessary to airlift television crews out onto the Sites. All personnel to be lifted onto
Sites must be briefed by the Contractor.
9.3. The Contractor undertaking or sub-contracting any aerial works must hold and provide
evidence of Employers and Public liability insurance to the value of £10,000,000.
9.4. The Contractor must comply with the Authority’s Helicopter Policy attached as Annexure 2
9.5. Relevant tech logs will be required to be shown to the Nominated Officer prior to the approval
of any Payments.
9.6. The Contractor must provide communications with the Nominated Officer in the form of a
working radio handset, to allow communication with the pilot and ground crew during the period
of the Works.
9.7. The Contractor or sub-contractor undertaking the Aerial Works must undertake such works on
every working day of the Contract Period from the Works Commencement Date subject to_
a. Availability of Materials for aerial lifting at the Lift Site
b. Suitable weather conditions
c. Health and safety considerations.
and in the absence of such aerial lifting the Contractor or sub-contractor shall give reasons in
writing stating that the above considerations apply.
10. Downtime Expenses
10.1.
Downtime expenses will not be paid (unless caused by negligence of the Authority).
10.2.
The suitability of flying conditions for whatever reason remains with the Contractor or
Sub-contractor undertaking any aerial works.
11. Liquidated Damages
11.1.
This Contract consists of one element of a much larger project involving a number of
contracts for the delivery of goods and the provision of services. If the Contractor fails to
complete the Works by the dates required, the Authority may incur costs for a related contract
or for the failure to deliver the project as a whole. The Authority will act reasonably in
minimising such costs and acknowledges that such failure may result from a Force Majeure
Event. However, the Authority reserves the right to claim the costs it has incurred as a result of
the failure of the Contactor to comply with its obligations.
11.2.
In the event that the Works are not completed by the Target Completion Date (save
where the delay is caused by a Force Majeure Event or the negligence or omission of the
Authority) the Contractor shall be liable to pay on demand to the Authority in liquidated
damages such costs as the Authority may reasonably incur (including but not limited to the
costs of the Authority suspending this Contract and obtaining the services of another contractor
to perform the Works) as a result of such delay whether in relation to this Contract or such
other dependant contract where the delay has an adverse effect on the Project.
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12. Defects Liability Period
12.1.
The Defects Liability Period in respect of the Works shall be as set out in the Agreement
Particulars.
12.2.
The Authority shall have the right at any time during the Works and the Defects Liability
Period, to inspect the Works, make representations and require remediation in accordance with
the Standard Conditions.
13. Insurance
13.1.
The Contractor (and any sub-contractors) shall be required to maintain insurance in
accordance with the Standard Conditions in the sum £10,000,000 (ten million pounds)
14. Retention
14.1.
A retention of 5% (“the Retention Fund”) will be made until the Completion Certificate for
the whole of the Works is issued when 2.5% will be released. The balance of Retention Fund
will be paid at the end of the Defects Liability Period.
15. Payments
15.1.
Payments will be made for the amount of work completed, according to the rates and
prices submitted in the Tender. Work will be certified as being satisfactory to the Nominated
Officer in accordance with the Conditions and invoices may be issued by the Contractor in
respect of such element of the Works monthly on request (with the prior approval of the
Nominated Officer).
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PART E
ITEMISED COSTS:
General Items and Preliminaries:Unit Quantity
Rate (£'s)
Work Required
Contractual Requirements
1
1.1
Insurance of the Works
Insurance against damage to persons or
1.2 property (£5,000,000, or £10,000,000
if using a helicopter)
Preparation of Health and Safety
1.3 Information, Product Safety Data
Sheets.
Provision of Welfare for Contractors
1.4
employee’s
Provision of Materials within the Heath
1.5
& Safety Plan
Eg
Eg
Specify below Additional Items
required to meet specific requirements
Provision of health and safety
equipment
Provision of welfare facilities
Total Cost
(Ex VAT)
(£'s)
Item
Item
Item
Item
Item
Item
Item
Item
Item
Item
Item
Item
Total carried forward to
collection
Total
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2012/13-MFF27
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Specification Costs:Unit
Quantity.
Work Required
2.
Rate per unit
(£'s)
Erection of fencing (Walsden
Common)
2.1.
Installation of fence WalsF1
(double strand barbed top wire)
Metre
340
2.1.1.
Removal and disposal of existing fence
Metre
100
2.1.2.
Installation of bridle gate
Item
1
2.2.
Installation of fence WalsF2
(two strands barbed top wire)
Metre
290
2.2.1.
Installation of water gate
Item
1
2.2.2.
Installation of field gate (10’)
Item
1
2.3.
Installation of fence WalsF3
(two strands barbed top wire)
Metre
980
2.3.1.
Installation of field gate (12’)
Item
3
2.3.2.
Installation of stile
Item
3
2.4.
Installation of fence WalsF4
(two strands barbed top wire)
Metre
445
2.4.1.
Installation of bridle gate
Item
1
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Total Cost
(ex VAT)
(£'s)
Specification Costs:Unit
Quantity.
Work Required
2.4.2.
Installation of field gate (12’)
Item
2
2.4.3.
Installation of stile
Item
1
2.4.4.
Installation of water gate
Item
1
2.5.
Installation of fence WalsF5
(two strands barbed top wire)
Metre
55
2.5.1.
Installation of bridle gate
Item
1
2.5.2.
Installation of post and rail fence
Per 3.65m
lengths
2
Erection of fencing (Blackstone
Edge)
3.
3.1.
Installation of fence BlacF1
(two strands barbed top wire)
Metre
280
3.1.1.
Installation of stile
Item
1
Installation of post and rail fencing (3.65m
lengths)
3.65m
lengths
2
3.1.2.
Rate per unit
(£'s)
I
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2012/13-MFF27
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Total Cost
(ex VAT)
(£'s)
Specification Costs:Unit
Quantity.
Work Required
3.2.
Installation of fence BlacF2
(two strands barbed top wire)
Metre
350
3.2.1.
Installation of stile
Item
2
3.3.
Installation of fence BlacF3
(two strands barbed top wire)
Metre
315
3.3.1.
Installation of water gate
Item
1
3.3.2.
Installation of kissing gate
Item
2
3.3.3.
Installation of bridle gate
Item
1
4.
Rate per unit
(£'s)
Erection of fencing (Butterworth
Common)
4.1.
Installation of fence ButtF1
(two strands barbed top wire)
Metre
885
4.1.1.
Removal and disposal of fencing and fence
features
Metre
885
4.1.2.
Installation of bridle gate
Item
3
4.1.3.
Installation of stile
Item
3
4.1.4.
Installation of water gate
Item
1
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2012/13-MFF27
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Total Cost
(ex VAT)
(£'s)
Specification Costs:Unit
Quantity.
Work Required
4.2.
Installation of fence ButtF2
(two strands barbed top wire)
Metre
600
4.2.1.
Installation of bridle gate
Item
3
4.2.2.
Installation of stile
Item
1
4.3.
Installation of bridle gate ButtBG7
Item
1
4.3.1.
Installation of post and rail fencing beside
ButtBG7
Metre
12
4.4.
Installation of fence ButtF3
(two strands barbed top wire)
Metre
675
4.4.1.
Installation of stile
Item
3
4.5.
Installation of fence ButtF4
(two strands barbed top wire)
Metre
330
4.5.1.
Installation of stile
Item
1
4.5.2.
Installation of field gate (12’)
Item
1
Total carried forward to collection
Rate per unit
(£'s)
Total
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2012/13-MFF27
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Total Cost
(ex VAT)
(£'s)
Cost
(ex VAT)
Collection
Preliminaries (1)
Specification costs (2)
VAT
Total
Total
Total
Tender for Fencing on moorland on Walsden, Blackstone Edge and Butterworth Common
2012/13-MFF27
Page 45 of 68.
Total
Cost (inc
VAT)
SECTION 4
DEFINITIONS, INTERPRETATION AND CONDITIONS OF CONTRACT
1. DEFINITIONS
In this Contract the following terms shall have the meanings prescribed unless otherwise stated or
otherwise required by the context:
“Agreement Particulars” means the particulars of the Agreement set out in the Form of Agreement
“Airlifting Works” means the airlifting of Materials and/ot personnel in accordance with Schedule 3
“CDM Regulations” means the Construction (Design and Management) Regulations 2007 and the
current approved code of practice published by the Health and Safety Executive (or any equivalent or
replacement Regulatory Authority)
“Commoners” means those individuals having rights to use the land for their prescribed purposes in
common with others registered under the 1965 Common Land Act or their assigns.
“Contract Period” means the period set out in the Agreement Particulars
“Contamination” means contamination due to a discharge spillage release or emission into any
environment medium or substance which is capable of causing harm to the health of living organisms or
other interference with the ecological systems of which they form a part
“Conditions” means together the Standard Conditions and the Detailed Conditions
“Contract’ means the Tender Documentation and the Form of Agreement to be signed by the Parties
(and each reference to ‘Contract’ shall include ‘Agreement’ and vice versa)
‘Contractor’ means the Tenderer whose tender has been accepted in writing by the Authority and who
enters into this Contract“Contract Variation” means any omission addition or variation to the Works in
accordance with the Standard Conditions
“Defects Liability Period” means the defects liability period set out in the Agreement Particulars (if any)
“Delivery” means the delivery of the Materials in accordance with the Contract Specification
“Delivery Site” means the areas to which the Materials are to be delivered more particularly described in
Section 3
“Drop Site” means each of the areas to which the Materials are to be dropped by helicopter more
particularly described in Section 3 and identified on the Location Maps and which shall be within the
Works Sites.
‘Detailed Conditions’ means the conditions contained at Section 3
“Environmental Law” means all laws including common law statute bylaws or regulations applicable in
England and Wales and all orders of any Regulatory Authority concerning the protection of the
environment or human health
“Equipment” means vehicles machinery plant tools and all other associated items (if any)
“Form of Tender” means the tender return form at Section 1
“Force Majeure Event” means civil commotion, riot, invasion, war, threat or preparation for war,
explosion, biological disaster, severe weather event which would result in a reasonably prudent contractor
not being able to continue and complete the Works, fire, earthquake, epidemic, nuclear disaster, act of
terrorism or other natural physical disaster
“Form of Agreement” means the form of agreement at Annexure 1
“Invitation to Tender” means the invitation to the Tenderer to tender for the Works
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“Itemised Costs” means the costs for the Works itemised by the Tenderer in the Form of Tender
“Landowner” means those persons who own the freehold or leasehold title to the land on which the
Works are to be performed (independent of any grazing or other rights) (if any)
‘Location Maps’ means the maps contained or referred to in Section 3
“Lift Site” means those sites from which the Material is to be airlifted as more particularly described and
identified in Section 3 and on the Location Maps
“Material” means the materials required to complete the Works
‘Method Statement’ means a statement setting out the proposed methods for the execution of the
Works and forming part of the Tender
‘Nominated Officer’ means David Hargreaves or such other officer as the Authority may nominate and
notify the Contractor in writing.
‘Payment’ means a payment in respect of the Works made pursuant to Section 4
“Party” means a party to this Agreement (and shall include the plural if applicable)
“Price” means the price set out in the Agreement Particulars
“Programme of Works” means the programme for the Works provided by the Tenderer in the Tender
and forming part of the Tender Documentation
“Project” means the project as set out in the Project Objectives
“Project Objectives” means the objectives as set out in Section 3
“Project Progress Report” means a report provided by the Contractor at the request of the Nominated
Officer detailing the progress of the Works (including timings and current costs of the Works) with
reference to the Programme of Works
“Purchase Order” means the Purchase Order form issued by the Nominated Officer in connection with
the Works
“Regulatory Authority” means the Environment Agency a local authority or any other equivalent or
replacement government department body
‘Risk Assessment” means an assessment of the risks associated with the execution of the Works and
forming part of the Tender
“Schedule of Rates” means the rates for the Works contained in the Itemised Costs (if any)
“Site(s)” means together the Delivery Sites Lift Sites Drop Sites and Works Sites or any other area
utilised in connection with the Works
‘SSSI’ means an area of land designated as a Site of Special Scientific Interest (or the equivalent or
similar designation)
“Specification” means the specification and requirements of the Authority as set out in Section 3 with
such modifications additions and variations as may be made in accordance with this Contract (and shall
include all references to “Contract Specification”)
‘Standard Conditions’ means the conditions at Section 4
“Supply” means the supply of the Material (and where required in the Specification shall also include the
Delivery of the Material) in a manner consistent with the Tender Documentation, together with any
alterations and amendments that are made in accordance with the Conditions and instructions of the
Nominated Officer pursuant to the terms of this Contract.
“Target Completion Date” means the date targeted for completion of the Works as set out in the
Agreement Particulars
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‘Tenant’ means those persons granted rights over the land on which the Works are to be performed by
the Landowner (if any)
“Tender” means the tender submitted by the Tenderer and shall include the term “Tender Return” and
“Form of Tender”
‘Tenderer’ means the person or company submitting a tender
‘Tender Documentation’ means the documents forming part of this Tender and the supplementary
documentation (if any) supplied as part of such documentation
“Waste Material” means all packaging, bags, metal tapes, plastic and all other material and rubbish
associated with or produced in the course of the Works
‘Works’ means stock proof fencing and associated works consistent with the Project Objectives and in
accordance with the Tender Documentation, together with any alterations and amendments that are
made in accordance with the Conditions and instructions from the Nominated Officer pursuant to the
terms of this Contract
“Works Site” means the areas in which the Works are carried out pursuant to this Contract as identified
in the Location Maps
“Works Commencement Date” means the date that the Works are to be commenced as set out in the
Agreement Particulars
“Works Completion Date” means the date on which the Nominated Officer specifies in writing to the
Contractor that the Works have been completed to its satisfaction in accordance with Section 4
2. INTERPRETATION
2.1 Words implying the male gender shall include the female and neuter gender.
2.2 Words importing the singular tense shall include the plural and vice versa and obligations undertaken
by more than one person shall be deemed to have been undertaken jointly and severally
2.3 In this Contract words and expressions shall have the same meanings as are respectively assigned to
them in the Conditions of Contract hereinafter referred to.
2.4 A person who is not a party to the Contract shall have no rights under the Contracts (Rights of Third
Parties) Act 1999 to enforce any of its terms save to the extent he is named as a person or identified
as belonging to a class of persons specifically intended to take a benefit under the Contract.
2.5 If any provision of the Contract shall become or shall be declared by any court of competent jurisdiction
to be invalid or unenforceable in any way, such invalidity or un-enforceability shall in no way impair or
affect any other provision of the Contract, all of which shall remain in full force and effect.
2.6 The clause headings shall not be construed as part of these Conditions.
2.7 This Contract shall be governed by English law in every particular including formation and
interpretation and shall be deemed to have been made in England
2.8 All rights granted to either of the parties shall be cumulative and no exercise by either of the parties of
any right under this Contract shall restrict or prejudice the exercise of any other right granted by this
Contract or other otherwise available to it.
2.9 Upon termination of the Contract no term other than clauses relating to Confidentiality, Insurance,
Defects Liability, Liability of the Contractor (including Liquidated Damages (if any)) and Arbitration shall
survive unless expressly provided.
3. STANDARD CONDITIONS
1. The Nominated Officer
The rights, obligations, functions and powers conferred on the Authority under this Contract shall be
exercised by the Nominated Officer. The Authority shall have the right to change the Nominated Officer
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at any time and shall notify such change to the Contractor orally within 24 hours and provide written
confirmation within 7 days of such notification.
2. Performance of Contract
a. The Contractor agrees that at all times it will carry out the Works and perform the Contract
in compliance with the following conditions:
i. The Contractor shall perform his obligations and functions in compliance with the
Conditions (and any such modifications thereof authorised under the Conditions)
and carry out the Works in a manner wholly consistent with the Tender
Documentation and to the entire satisfaction of the Nominated Officer and in any
event with all the reasonable skill care and diligence that would be expected of a
qualified competent and experienced person undertaking the Works;
ii. The Contractor shall notify the Nominated Officer as soon as practicable and in any
event within 24 hours if the Contractor is unable to carry out any part of the Works
or perform any of its obligations under the Contract;
iii. The Contractor shall exercise all due care and diligence whilst carrying out the
Works and shall be responsible for any loss or damage caused by the Contractor’s
negligence or lack of care;
iv. Any damage or loss which may occur during the Contract Period in relation to the
Works or Materials or Equipment on or before the Works Completion Date or to
any materials implements or property whatsoever of the Authority which may at any
time for the purpose of the Works be in the custody or use of the Contractor or subcontractor which shall arise from negligence of the Contractor or theft, spoiling,
decay, waste, wind, rain or fire shall immediately be made good by the Contractor
at the Contractor’s cost to the satisfaction of the Nominated Officer; and the
Contractor shall indemnify the Authority against all claims liability and actions for or
in respect of any damage or injury to property or persons or claims for the
infringement of patent rights or copyrights arising from or occasioned by the
conduct of the Contractor or his sub-contractor or of any person employed by him
or them or arising howsoever from or by the manner in which the Works shall be
performed and executed and against all costs and proceedings in respect of any
such claim. The Contractor shall also make good any loss or damage occasioned
to the property of the Authority by the acts or defaults of the Contractor or his subcontractors and reimburse the Authority for any loss suffered thereby.
2. Employees
a. The Contractor shall not engage, employ or cause to be employed in the supervision and
performance of the Contract any person without the necessary qualifications, skill and
experience to perform the duties that they are trained and employed to do.
b. At the request of the Nominated Officer the Contractor shall remove or procure the removal
within a reasonable period (or immediately if required) any person employed by the
Contractor or sub-contractor in or about the performance of the Contract or any part for any
reason (provided the Authority shall not act vexatiously). The Authority shall within 3
working days provide to the Contractor written reasons for such request. Such persons
shall not be again employed in the performance of Contract without the permission of the
Nominated Officer.
c. The Authority shall not in any circumstances be liable to the Contractor or any of its
employees in relation to such action or removal and the Contractor shall fully and promptly
indemnify the Authority in respect of any claims brought against it by any such employee.
d. The Nominated Officer shall have the right at any time to interview any member of the
Contractor’s staff in connection with the performance of the Contract. The Nominated
Officer shall also be entitled to request any information relating to the performance of the
Contract. Any information so requested shall be supplied by the Contractor forthwith.
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e. The Contractor shall have regard to the Authority’s health and safety policy and safe
working practices when preparing its own statements.
f. The Contractor shall at all times be fully responsible for the payment of all income or other
taxes, national insurance contributions or levies of any kind, relating to or arising out of the
employment of any persons employed by the Contractor and shall fully indemnify and keep
indemnified the Authority in respect of any liability of the Authority in respect thereof.
3. Signage
The Contractor shall not affix signs, notices or advertisements on Site without the prior written
approval of the Nominated Officer which approval may be subject to such conditions as the
Nominated Officer shall determine (including but not limited to the immediate removal at the
Contractor’s cost of such signage on notification from the Authority)
.
4. Vehicles and Equipment
a. The Contractor shall at all times during the Contract Period at its own cost provide such
Equipment as is necessary for the proper performance of the Contract and execution of the
Works to the Authority’s satisfaction.
b. The Contractor shall at all times be fully responsible for licensing, fees, taxes and
insurances required in connection with or arising out of the possession or use of the such
Equipment.
c.
The Contractor shall at its own expense keep all such Equipment in good and serviceable
repair and maintained in such condition as is commensurate with the proper performance
by the Contractor of its obligations under this Contract.
d. The Contractor shall obtain the Authority’s written approval to the use and positioning of the
Equipment prior to the Works Commencement Date and shall use no other Equipment
without prior approval of the Nominated Officer.
e. No Equipment which is wheeled will be allowed on soft, wet or environmentally sensitive
locations without the prior approval of the Nominated Officer.
f.
Vehicular access indicated on the Location Maps is for Equipment approved by the
Nominated Officer. Access for Equipment to environmentally sensitive or SSSI sites or soft
or wet areas will only be given during the Contract Period if, in the opinion of the Nominated
Officer, this is necessary or desirable. The Contractor will not permit any movement of
Equipment on or to such areas without the prior approval of the Nominated Officer. The
requirements of the Nominated Officer shall not constitute a Contract Variation.
g. Any damage arising from any breach of this Clause 5 by the Contractor any sub-contractor
or their employees’ agents or invitees shall be immediately repaired or replaced at the
Contractor’s expense and to the satisfaction of the Nominated Officer.
h. The Contractor shall ensure that all highways or other rights of way in the vicinity of the
Works used by the Contractor are kept clean of mud and other debris.
5. Environmental Provisions
a. All chemicals used in connection with the Contract must fully comply with the Control of
Substances Hazardous to Health Regulations 1992 (COSHH).
b. The Contractor must comply with the Control of Pollution (Oil Storage) (England)
Regulations 2001.
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c.
Plants and animals protected under the Schedules of the Wildlife and Countryside Act 1981
and other statues are not to be harmed or their habitat damaged. Nesting birds are not to
be disturbed and are to be reported immediately to the Nominated Officer. It is a criminal
offence to recklessly destroy a bird’s nest.
d. Any public complaints must be immediately reported to the Nominated Officer. The
Contractor shall at its own cost promptly deal with any requests by the Nominated Officer in
relation to such complaints (including but not limited to investigating the nature and cause
of any such complaint).
e. Site(s) must be left clean and tidy at all times.
f.
Dogs are not permitted on Site(s).
g. No smoking on Site(s) at any time.
h. The Contractor shall at its own cost on or before the Works Completion Date provide such
information as shall be required by the Nominated Officer to enable the Authority to
produce a carbon audit in respect of the Works.
i.
The Contractor shall make arrangement for the storage of fuel and other hazardous
materials to the satisfaction of the Nominated Officer. All fuel and lubricants must be stored
in sealed containers, in accordance with the Control of Pollution (Oil Storage) (England)
Regulations 2001. The Contractor must ensure that no spillage takes place on these or
other areas. In the event of any spillage the Contractor is to immediately inform the
Nominated Officer and any person identified in Section 3 and co-ordinate and consult with
the Authority as to the most appropriate action to take to remedy such breach and shall
consult with the Authority and carry out at its own expense all such works as required by
the Authority to minimise damage or loss and further will make good the area at the
Contractors expense to the satisfaction of the Nominated Officer
j.
The Contractor shall at all times ensure that emergency oil spillage absorption kits are to be
kept on Site and personnel trained in their use shall be on Site. The Contractor will provide
the Nominated Officer with such details of this equipment as he may request.
k.
The Contractor shall take all precautions to ensure that no pollution arises from the
execution of the Works which may result in Contamination either on, in, under or off Site(s).
The Contractor shall indemnify the Authority against any costs or damages or claims
related to this liability.
l.
It is essential that there is no waste of Materials at the Sites; the Contractor will be
expected to manage operations to minimise waste. All waste produced by the Contractor
remains the responsibility of the Contractor. All waste disposal and disposal of Waste
Materials must comply with the Agricultural Waste Regulations 2006.All containers supplied
by the Authority (if any) remain the property of the Authority.
6. Health and Safety
a. The Contractor will be required to comply with the Health and Safety at Work Act 1974 and
all other regulations made under the Act and all other legislation and regulations relevant to
the performance of the Contract. Methods Statements should include operational Risk
Assessments, copies of which are to be submitted with a tender. Failure to submit Method
Statements and/or Risk Assessments may result in disqualification of the tender.
b. Copies of Site Risk Assessments for all Sites used during the Works must be produced to
the Nominated Officer before the Works Commencement Date.
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c.
The Contractor must at all times adhere to and comply with Method Statements and Risk
Assessments. Failure to adhere to the agreed Method Statement may result in termination
of the Contract.
d. The Contractor must take the lead in ensuring the health and safety of all those involved in
the Contract at the Site.
e. The Contractor is responsible for recording any accidents in the Contractor’s accident book,
in accordance with the Health and Safety at Work Act 1974 (HSW).
f.
The Contractor is responsible for reporting any notifiable incidents to the Health and Safety
Executive, in accordance with the Reporting of Injuries, Diseases and Dangerous
Occurrences Regulations 1995 (RIDDOR).
g. All records produced under Clause 6 must be forwarded to the Nominated Officer within 24
hours of completion. These should be submitted in compliance with the Data Protection
Act 1998
h. Site Safety Considerations
i. Ground conditions: Details concerning ground contamination and instability are not
available and the Contractor should make its own enquiries in that regard.
ii. No representation is made by the Authority as to the existence of Contamination or
otherwise.
iii. Location of services; The Contractor is to liaise with all relevant Statutory
Authorities as to the location of any services that may affect the completion of the
Works.
iv. Lifting of heavy objects; the Contractor and employees should follow Manual
Handling Operation Regulations 1992.
v. The Contractor shall employ the ‘best practical means’ as defined in the Control of
Pollution Act 1974 to minimise noise and vibration resulting from his operation, and
shall have due regard to British Standard B35228 1975, Code of Practice for Noise
Control on Construction Sites (or subsequent provisions).
7. British Standards
a. These provisions shall apply only where the Material is supplied by a Contractor.
b. Except where hereinafter specified to the contrary all Materials are to comply with the latest
British Standard Specification or equivalent national standard of another Member State of
the European Community or international standard recognised in another Member State of
the European Community (whichever is the higher), in either of which latter two alternatives
the Contractor is required to furnish the Nominated Officer with supporting documentation
to prove that the Materials offer guarantees of safety, standards of reliability and fitness for
purpose equivalent to or in excess of the relevant British Standard Specification.
c.
In the event of the Nominated Officer (whose decision shall be final) not being satisfied that
the Materials proposed meet the required standard the Contractor shall comply with the
latest British Standard Specification and no claim for additional costs incurred with such
compliance will be accepted. Except where hereinafter specified to the contrary all
workmanship is to comply with the latest British Standard Code of Practice.
8. Project Progress Report
a. The Contractor shall promptly supply the Authority with a Project Progress Report on the
dates agreed and notified to the Contractor.
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9. Variation of Contract
a. Without prejudice to any other of the Conditions no Contract Variation shall be valid or of
any effect unless it is agreed in writing and signed by the Nominated Officer and the duly
authorised agent or representative of the Contractor. Contract Variations, for which there is
no written confirmation on the Authority’s headed paper, or on a Project Progress Report
form, are not authorised and will not be paid for under any circumstances. No other
variations to the Contract shall be accepted by the Authority.
b. The Nominated Officer may order any Contract Variation that is in his opinion necessary or
desirable for the most efficient performance of the Contract.
c.
Upon receipt of the order for a Contract Variation the Contractor shall calculate the
additional cost (if any) of incorporating the Contract Variation into the Works and shall as
soon as practicable provide details of such sum (in writing) to the Authority (“the Contract
Variation Sum”) together with an indication of whether the proposed Contract Variation
shall cause any delay on the Programme of Works.
d. If the Contract Variation Sum is agreed by the Authority the Contract Variation in writing
and shall form a part of the Works.
e. Where in the absolute opinion of the Nominated Officer a written Contract Variation is
impossible or impractical the Nominated Officer may give such order verbally but shall
confirm it in writing to the Contractor as soon as practicable after the event and in any case
within 24 hours of the Contract Variation.
f.
No Contract Variation in accordance with this clause shall in any way vitiate or invalidate
the Contract but the Contract Variation Sum (if any) shall be taken into account in
ascertaining the amount of the Payments (if any).
10. Payment
a. On completion of the Contract (or any phase of the Contract) pursuant to a Purchase Order
form and provided that the Contractor shall have performed his duties, obligations and
functions under the Contract to the satisfaction of the Nominated Officer the Contractor
may submit to the Nominated Officer an invoice (‘Invoice’) for the sum due to him in respect
of that Purchase Order form.
b. Within thirty (30) days of the receipt of the Invoice unless the Nominated Officer shall
disagree with the amount claimed or require further information the Nominated Officer shall
(subject to being satisfied as to the performance and standard of the Contractor’s work)
certify that the Invoice is correct for payment and shall procure payment to the Contractor
of the amount so certified.
c.
Payments will be on a completed contract basis upon receipt of an Invoice subject to it
being approved in accordance with the Conditions.
11. Value Added Tax
a. All sums payable under this Contract unless otherwise stated are exclusive of VAT and
other duties or taxes.
b. Any VAT or other duties or taxes payable in respect of such sums shall be payable in
addition to such sums upon production of a valid VAT invoice.
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12. CDM
a. The Authority and the Contractor acknowledge that they are aware and undertake to the
other that in relation to the Works and Site he will duly comply with the CDM Regulations to
the extent applicable to the Project.
b. Without limitation, where the Project that comprises or includes the Works is notifiable (in
accordance with the CDM Regulations):i. The Contractor shall procure that the CDM Co-ordinator carries out his duties;
ii. The Contractor shall ensure that the Health and Safety Plan is received by the
Authority before any works under this Contract is commenced and that any
subsequent amendment to it by the Contractor is notified to the Authority;
iii. Promptly upon the written request of the CDM-Co-ordinator the Contractor shall
provide (and shall ensure that any sub-contractor through the Contractor provides)
such information as the CDM-Co-ordinator requires for the preparation of the
health and safety file.
c.
The Contractor will ensure that all personnel engaged in undertaking the Works shall be
competent to undertake the Works, in accordance with the CDM Regulations.
d. The Contractor shall at all times during the subsistence and operation of the Contract
provide a sufficient number of personnel having the requisite type and level of
qualifications, expertise and experience to operate as team leaders to control, supervise
and perform its obligations under the contract to ensure that such performance is carried
out efficiently and safely. In particular but without limitation, such personnel shall be
required to possess adequate knowledge of the operations to be carried out (including
methods and techniques required, the hazards likely to be encountered and methods of
preventing accidents) as may be requisite for the satisfactory performance of the Contract
and shall notify the Nominated Officer of their names and contact details.
e. The Contractor shall notify the Nominated Officer of the name, address and telephone
number of the person who will be the authorised agent or representative appointed by the
Contractor to be in full operational control and who is authorised by the Contractor to
receive on behalf of the Contractor directions and instructions from the Nominated Officer.
Any instructions given to this representative shall be deemed to have been issued to the
Contractor.
13. Insurance
a. The Contractor shall at all times from and including the Works Commencement Date or
Contract Date (whichever is the earlier) effect and maintain in force such policies of
insurance with reputable insurers approved by the Authority in respect of its liabilities
hereunder and shall fully insure and indemnify the Authority against liability:
1. To the Authority and to any of their employees,
2. To the employees of the Contractor,
3. To any other person (including for the avoidance of doubt a Landowner or
Tenant)
4. In respect of the replacement f the Works.
in the sum of at least £5,000,000 (FIVE MILLION POUNDS) in respect of any single claim
(£10,000,000 TEN MILLION POUNDS in the event that any Aerial Works are required)
b. The Contractor shall be liable for and indemnify the Authority against and insure and
procure any sub-contractor to insure against any expense, liability, loss, claim, action, or
proceedings in respect of any damage whatsoever (whether directly or indirectly) to private
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property real or personal in so far as such damage arises out of or in the course of or by
reason of carrying out the Contract and which is due to any negligence, omission or default
of the Contractor or person for whom the sub-contractor is responsible.
c.
The Contractor shall also maintain public liability insurance arising out of or in connection
with any matter involving or relating to the Works in the sums set out above.
d. The Contractor shall, prior to the Works Commencement Date or Contract Date (whichever
is the earlier) and thereafter annually, and at such other times as the Nominated Officer
may require, supply the Nominated Officer with copies of all insurance polices, cover notes,
premium receipts and other documents necessary to comply with this Clause 13.
e. In the event that the Contractor is in breach of this Clause 13 the Authority shall be at
liberty to obtain such insurance as is required at the cost of the Contractor (payable on
demand)
14. Agency
a. The Contractor is not and shall not in any circumstance hold itself out as being the agent of
the Authority.
b. The Contractor is not and shall in no circumstance hold itself out as being authorised to
enter into any Contract on behalf of the Authority or in any other way to bind the Authority
to the performance, variation, release or discharge of any obligation.
c.
The Contractor has not and shall in no circumstances hold itself out as having the power to
make, vary discharge or waive any by-law or regulation of any kind.
d. The Contractor will not itself or permit any employee or other person engaged by the
Contractor to represent themselves as being, servants or agents of the Authority for any
purposes whatsoever.
15. Liability of the Contractor
a. The Contractor hereby indemnifies and shall keep indemnified the Authority from and
against any liability to any person whatsoever arising directly or indirectly out of or
connected with the performance, non performance or breach of the Contract or any act
neglect default or omission of any employee, agent, servant invitee or visitor of the
Contractor or any sub-contractor including, without limitation:
i. any and all losses, costs, expenses, (including professional and legal fees)
liabilities and damages;
ii. any and all proceedings, demands, penalties, statutory charges and fines;
iii. death, illness or injury to any third party or for any loss of or damage to any
property belonging to any third party and against all losses, costs, expenses,
liabilities, damages, claims, demands or causes of action resulting therefrom;
in each case to the extent arising out the Contractor’s or any of its sub-contractors’ breach
or failure in performance of the Contractor’s obligations in the Contract whether arising from
breach of contract, negligence or default or otherwise, except and to the extent that such
losses, costs, expenses, liabilities, damages, claims, demands were wholly and directly
caused by the negligence or wilful misconduct of the Authority or its officers, agents or
employees.
16. Force Majeure
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a. Neither party shall be liable for any failure to fulfil or delay in fulfilling its obligations under
the Contract (other than an obligation to pay monies due) where such delay or failure is due
to a Force Majeure Event Provided That:
i. the party so affected could not have avoided the effect of the Force Majeure Event
by taking precautions which, having regard to all matters known to it before the
occurrence of the Force Majeure Event and all relevant factors, it ought reasonably
to have taken but it did not take; and
ii. the party so affected has taken all steps as are reasonably necessary to mitigate
the effect of the Force Majeure Event and to carry out its obligations under the
Contract in any other way that is reasonably practicable; and
iii. the party so affected shall immediately notify the other in writing of the existence of
the Force Majeure Event and of its anticipated duration.
b. If the Contractor is the party affected by the Force Majeure Event, the Authority shall be
relieved of its liability to make any payments to the Contractor for the duration of the Force
Majeure Event and shall be entitled to obtain services the same as or similar to the Works
from any third party during such period that the Force Majeure Event continues and the
Contractor shall give all assistance and information necessary to such third party to enable
such third party to fulfil the obligations of the Contractor under the Contract.
17. Defects Liability Provisions
a. The Authority shall have the right at any time to inspect the progress of the Works and may
make representations to the Contractor following any such inspection.
b. The Contractor shall comply with the Nominated Officers directions following such
inspections (insofar as such do not constitute Contract Variations).
c.
Upon the completion of the Works the Contractor shall notify the Nominated Officer and the
Nominated Officer shall in its absolute discretion notify that the Works have been
completed (“the Completion Certificate”).
d. In the event that the Nominated Officer cannot so notify the Contractor shall at its own cost
carry out such works as shall be required to enable the Nominated Officer to confirm that
the Works have been completed to its entire satisfaction.
e. The Contractor shall procure that all defects in the Works notified to it during the Defects
Liability Period by the Nominated Officer shall be promptly and at its own cost made good
to the Nominated Officer’s entire satisfaction.
18. Bribery and Corruption
a. The Contractor warrants and undertakes to the Authority that:
i. it will comply with applicable laws, regulations, codes and sanctions relating to antibribery and anti-corruption including but not limited to the Bribery Act 2010 (“AntiBribery Law”);
ii. it has not and shall not give any fee or reward the receipt of which is an offence
under Section 117(2) of the Local Government Act 1972;
iii. it will comply with the Authority’s anti-bribery policy as may be amended from time
to time, a copy of which will be provided to Contractor on written request;
iv. it will procure that any person who performs or has performed services for or on its
behalf (“Associated Person”) in connection with this Agreement complies with this
Clause 18;
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v. it will not enter into any agreement with any Associated Person in connection with
this Agreement, unless such agreement contains undertakings on the same terms
as contained in this Clause 18;
vi. it has and will maintain in place effective accounting procedures and internal
controls necessary to record all expenditure in connection with the Agreement;
vii. from time to time, at the reasonable request of the Authority, it will confirm in writing
that it has complied with its undertakings under this Clause 18 and will provide any
information reasonably requested by the Authority in support of such compliance;
viii. it shall notify the Authority as soon as practicable of any breach of any of the
undertakings contained within this clause of which it becomes aware.
b. Breach of any undertakings in this clause shall be deemed to be a material breach of the
Contract for the purposes of Clause 19.
19. Termination
a. The Authority shall be entitled forthwith upon the happening of any of the following events
to terminate this Contract by the service of a notice (a “Termination Notice”), such events
being;
i. The failure to materially perform the obligations under Clause 2 of this Section.
ii. Any material breach by the Contractor of any other provision of the Contract.
iii. The Contractor having failed to perform a material part of the Contract for a period
of 7 consecutive days.
iv. The Contractor suffering a legal claim against its possessions or if the Contractor
consists of one or more individual, any such individual dying, entering into a
composition or arrangement for the benefit of its creditors or having a receiving
order in bankruptcy made against it or, if the Contractor consists of a body
corporate, the Contractor having a Receiver or a Receiver and a Manager
appointed or being the subject of a resolution or order for winding up, Provided
That an amalgamation or reconstruction of a limited company shall be deemed not
to be a breach of this Condition.
v. Any governmental or other licence, consent or authority required by the Contractor
to enable it to perform any of its obligations under the Contract ceases to be in full
force and effect or at any time it becomes unlawful for the Contractor to perform
any of its obligations thereunder.
vi. The continuation of a Force Majeure Event for a period of time which in the opinion
of the Nominated Officer materially affects or prejudices compliance by the
Contractor of its obligations to the Authority or is likely to do so, preventing the
Contractor from fulfilling its obligations under the Contract for a period of 45 days or
more
vii. The occurrence of a Force Majeure Event which in the opinion of the Nominated
Officer is substantially unlikely to cease to be a Force Majeure Event for the
remainder of the Contract Period
viii. The withdrawal of the Authority’s funding for the Project
ix. The re-organisation (and/or abolition) of the Authority to the extent that the licence
consent or authority required by it to enable to perform any of its obligations under
the Contract ceases to be in full force and effect or at any time it becomes unlawful
for the Authority to perform any of its obligations thereunder
b. A Termination Notice shall be in writing and may be given by the Nominated Officer on
behalf of the Authority.
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c.
Upon receipt of a Termination Notice, in addition to such consequences as are set out in
other provisions of the Contract:
i. The Contractor shall forthwith cease to perform of the Works;
ii. (Save where a Termination Notice is served pursuant to Clause 19 (a) (vii, viii
and ix) the Contractor shall fully and promptly indemnify the Authority in respect of:
a. all losses damages and costs (including professional costs) and
expenses incurred or suffered by the Authority from such
termination; and
b. the cost of causing to be performed such part of the Contract as
would be performed by the Contractor during the remainder of the
Contract Period to the extent that such costs exceed such sums as
would have been lawfully payable to the Contractor for performing
such Works. The Authority shall be at liberty to procure such
performance by any persons (whether or not employees of the
Authority) as the Authority shall in its entire discretion think fit and
shall be under no obligation to employ the least expensive method
of having such Works performed.
iii. The Authority shall be under no obligation to make any further Payments to the
Contractor and shall be entitled to retain any Payments which may have fallen due
to the Contractor before termination until the Contractor has paid in full to the
Authority all sums due under this Contract or to deduct from it any sum due from
the Contractor to the Authority under this Contract.
iv. The Authority shall not be liable for any claim demands costs expenses losses
incurred or suffered by the Contractor (or any sub-contractor) resulting (either
directly or indirectly) from the serving of a Termination Notice.
20. Contract Suspension
a. In the event that a Termination Event occurs the Authority may at its option on written
notice to the Contractor suspend this Contract for such reasonable period as the Authority
shall notify the Contractor (the “Contract Suspension Period”) and the Authority shall have
the right to instruct another contractor to carry out the Works during the Contract
Suspension Period and the cost of the Authority in relation to such suspension shall be
deducted from the Price
b. The exercise of the rights in Clause 20(a) above shall be without prejudice to any
antecedent claim by the Authority and shall not prohibit the Authority from serving a
Termination Notice at any time
21. Assignment
a. The Authority shall be entitled to assign or transfer the benefit of the Contract or any part
thereof and shall give written notice of any assignment or transfer to the Contractor.
b. The Contractor shall not assign the Contract or any part thereof or any benefit or interest
therein or there under without the written consent of the Authority. As a condition of consent
(but without any obligation to consent), the Authority may impose such conditions as it may
require. Any assignment occurring as a result of any internal reconstruction of the
Contractor that is a limited company shall not require consent Provided That the Authority
shall be given prior written notice.
c.
The Contractor shall not sub-let the whole or any part of the Works without the written
consent of the Nominated Officer. As a condition of consent (but without any obligation to
consent), the Authority may impose such conditions as it may require. If such consent is
given it shall not relieve the Contractor from liability or obligation under the Contract and it
shall be responsible for the acts defaults omissions and neglects of any sub-contractor, its
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agents, servants or workmen as fully as if they were acts defects or neglects of the
Contractor, its agents, servants or workmen and the Contractor shall indemnify and keep
indemnified the Authority from and against any costs claims demands and liabilities
howsoever arising out of or in respect of any breach by any sub-contractor its agents
servants or workmen.
22. Gangmasters (Licensing) Act 2004 (“the Act”)
a. If the Works are subject to the Act (and if in doubt the Contractor shall confirm the same
with the Gangmasters Licensing Authority) or at the reasonable direction of the Authority,
the Contractor shall obtain and provide a full copy of its gangmasters licence (“the
Licence”) pursuant to the Act (“the Licence”).
b. Where the Contractor is required to obtain a Licence, it shall ensure that such licence is
valid and maintained and shall notify the Authority immediately if such licence is revoked or
modified.
c.
In the event that the Contractor’s Licence is revoked (or modified so as to no longer licence
the Contractor to carry out the Works) the Authority may at its option treat such breach as a
material breach for the purposes of Clause (Termination) or suspend the Contract unless
and until a new Licence is obtained or such modification is revoked.
23. Title
a. All items of whatever nature and any other artefacts excavated or found during the
execution of the Works shall remain the property of the Landowner, and the Contractor will
have no right of ownership. The Nominated Officer must be immediately notified of the
location of any artefacts found during the course of the Works and the Contractor shall
comply with all instructions issued by the Nominated Officer or any person authorised by
him or otherwise lawfully empowered to issue such instructions relating to the protection
and preservation of such materials. The Contractor shall not remove nor permit the removal
of any items the subject of this clause.
24. Notices
a. No notice to be served upon the Authority shall be valid or effective unless it is sent by
prepaid post or delivered by hand to the Authority at the address specified below or to such
other address as the Nominated Officer may notify the Contractor in writing.
Head of Law
Peak District National Park Authority
Aldern House
Baslow Road
Bakewell
Derbyshire
DE45 1AE
Any notice to be served upon the Contractor shall be valid and effective if it is sent by
prepaid post or delivered by hand to the registered principal place of business or to the
address shown in this Contract if different or is delivered by hand to a Director, Company
Secretary, Proprietor or other responsible representative of the Contractor.
25. Arbitration
a. All disputes under this Contract shall be settled by arbitration under the Arbitration Act 1996
(or any statutory modification or re-enactment thereof for the time being in force) by a
single Arbitrator to be appointed in default of agreement between the parties by the
President of the Institute of Arbitrators.
b. Any award or decision of such Arbitrator shall be final and binding on the parties hereto.
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c.
Unless the Contract shall have already been determined or abandoned the Contractor shall
in every case continue to proceed with the Works with all due diligence and the Contractor
and the Authority shall all give effect to every such decision of the Nominated Officer unless
and until the same shall be revised by an arbitrator as hereinafter provided.
26. Observation of Statutory Requirements
The Contractor shall at all times observe and comply with all the relevant Acts of Parliament,
regulations and codes of practice (the Statutory Requirements) relating to the performance of the
Works including (but not limited to) compliance with any obligations that may be imposed upon the
Authority resulting from the Works (where the same are within the power and control of the
Contractor) and the Contractor shall indemnify the Authority accordingly.
27. Stamp Duty and Professional Fees
Each party shall bear its own legal and other fees in relation to the preparation and submission of
the Tender Documentation and any formal Contract documents arising therefrom.
28. Waiver
Failure by the Authority at any time to enforce the provisions of the Contract or to require
performance by the Contractor of any of the provisions of the Contract shall not be construed as a
waiver of any such provision and shall not affect the validity of the Contract or any part thereof or
the right of the Authority to enforce any provision in accordance with these conditions.
29. Whole Contract
The Contract (which includes the Tender Documentation) constitutes the whole agreement and
understanding of the parties as to the subject matter hereof and there are no prior or
contemporaneous agreements between the parties with respect thereto.
30. Warranty
The Contractor and the Authority warrant their power to enter into this Contract and have obtained
all necessary approvals to do so.
31. Rights and Duties Reserved
For the avoidance of doubt nothing herein contained or implied shall prejudice or affect the
Authority’s rights or powers duties and obligations in the exercise of its functions as a local authority
for the enforcement of or pursuance of any enactment by-law or regulation for the time being in
force.
32. Confidentiality
a. Each Party will procure that all confidential information which may already have come into
the ownership, possession or control it or of a subsidiary prior to the execution of the
Agreement provided by the Contractor, or which may at any time hereafter until termination
hereof come into the ownership, possession, or control of either of them relating to the
other Party or its operation or management, or otherwise in connection with or in
anticipation of the performance of the Agreement (hereinafter referred to as “the
Confidential Information”), shall strictly:i. not be used for any purpose other than the performance of the Agreement;
ii. not to be disclosed during the continuance of the Agreement to any third party
including for the avoidance of doubt any company, organisation or individual
whatsoever employed by the Contractor now or at any time in the future; and
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iii. not after termination be used for any purpose whatever or disclosed to any third
party.
b. The above obligations shall cease to apply to any particular piece of Confidential
Information once it becomes public knowledge other than through any act or default of the
receiving Party or any person acting or employed by them or acting on their behalf.
c.
Upon termination hereof, or at the request of the Authority the receiving Party shall procure
that all documents and other written material (including material on disks and tape)
containing Confidential Information shall be returned (together with all copies thereof) to the
disclosing Party.
d. The receiving Party shall take such steps as the disclosing Party may from time to time
require:
i. Unless otherwise agreed by the disclosing Party, to include in the contract of
employment or engagement of any person employed in the provision of the Works
in connection with the Agreement, provisions regarding keeping Confidential
Information confidential, to be stipulated from time to time by the disclosing Party
and the receiving Party acknowledges that the disclosing Party may stipulate
different provisions for different persons or categories of persons;
ii. to procure that any person or persons referred to in Clause 32(d)(i) stipulated from
time to time by the disclosing Party shall give a written undertaking with regard to
maintaining confidentiality direct to the disclosing Party (in a form and terms
satisfactory to the disclosing Party);
iii. to inform the disclosing Party immediately if it comes to the notice of the receiving
Party that any confidential information has been improperly disclosed or misused;
and
iv. to prevent (including if necessary, by the commencement and prosecution of any
legal proceedings) the improper disclosure or misuse of any Confidential
Information, and in this connection promptly to give to the disclosing Party such
information about any legal proceedings or proposed legal proceedings of
whatever kind; and to take such steps in connection with any legal proceedings or
proposed legal proceedings as the disclosing Party may from time to time
reasonably require and to pursue such other remedies as the disclosing Party may
from time to time reasonably require.
33. Freedom of Information
a. The Contractor acknowledges that the Authority is subject to the requirements of the
Freedom of Information Act 2000 (“FOIA”) and the Environmental Information Regulations
2004 (“EIR”) and the Contractor shall assist and co-operate with the Authority as necessary
to comply with these requirements and acknowledge that the Authority may be required to
disclose information pursuant to the FOIA or the EIR. The Contractor shall provide all
necessary assistance reasonably requested to enable the Authority to respond to a request
for information within the time for compliance and permit the Authority to inspect such
records as requested from time to time.
b. The Contractor acknowledges that all payments over £500 are published in the public
domain in accordance with guidelines issued by the Department of Communities and Local
Government.
34. Copyright
a. The copyright, design right, trademark or patent or other form of intellectual property in all
data, reports, documents, drawings and designs (whether in paper or electronic format)
created by the Contractor or the Authority specifically in connection with the Works shall be
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vested in the Authority. The use or disclosure of any such report for any purpose at any
time is strictly prohibited except with the explicit written consent of the Authority.
35. Contract Period
a. This Contract shall extend for the Contract Period and shall not be terminable by either
party within that period save in accordance with these Conditions.
b. The Authority shall have the absolute discretion to use the Contractor, another contractor,
its own employees or any third party to carry out the Works or any part thereof at any time
during the Contract.
c.
Notwithstanding the Contractor’s obligations to maintain a capability to carry out the Works
under the Contract or the Contractor’s obligations generally, the Authority does not
guarantee any level or volume of work or Purchase Order forms in respect of the Works at
any time during the Contract Period.
36. Sub-contracting
a. The Authority’s prior written approval must be obtained before any part of the Works is subcontracted. The Authority reserves the right to refuse such approval as its absolute
discretion.
b. An approved sub-contractor must give a direct warranty and undertaking to the Authority
but the Tenderer will nonetheless remain primarily liable for carrying out and completing the
Works.
37. Ancient Monuments and Archaeological Areas
a. Unauthorised works and wilful or reckless damage to Scheduled Monuments are offences
under Sections 2 and 28 of the Ancient Monuments and Archaeological Areas (as
amended) Act 1979 (“the 1979 Act”).
b. The Contractor (and any subcontractor) must have particular regard to the following
statement provided by English Heritage:
c.
“Any person…operating or causing to be operated mechanised cutting equipment on a
Scheduled Monument in England containing upstanding stone features would potentially
place themselves at risk of prosecution under the above Act given the reckless nature of
such action in the clear knowledge of the following facts:i. Scheduled Monuments are protected under the 1979 Act and exist at numerous
locations across England.
ii. The locations of Scheduled Monuments can be readily established by
correspondence with English Heritage.
iii. The practise of mechanised cutting of heather when conducted over a cairnfield or
other upstanding stone features is likely to cause damage to such features which
may comprise offences under Sections 2 and 28 of the 1979 Act
The Authority shall, wherever possible provide details of any Scheduled Monuments at any
of the Sites however, this does not obviate the need for the Contractor to carry out its own
searches and enquiries including (but not limited to);
i. Consultation of the National Heritage List for England at
http://www.englishheritage.org.uk/professional/protection/process/national-heritage-list-forengland/; and
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ii. Consultation of the local authority (Calderdale, Rochdale or Oldham )
archaeological department, as appropriate.
d. Any Contractor (and any subcontractors) shall provide a copy of all such searches,
enquiries and associated consents to the Nominated Officer.
e. The Contractor (and any subcontractors) shall comply with all conditions requirements and
consents required by English Heritage and Peak District National Park (whether supplied
by the Authority or otherwise) relating to the Works at the Sites and shall notify the
Authority of and fully indemnify the Authority against all losses costs claims and demands
arising from any breach of such conditions consents or requirements or any breach of the
1979 Act.
38. Conditions
a. In the event of any contradiction between the Standard Conditions and the Detailed
Conditions then the Detailed Conditions shall prevail
b. The Conditions and all other conditions contained in the Tender Documentation shall take
precedence over all other terms and conditions provided by a Contractor (including any
terms and conditions which a Contractor purports to imply under any confirmation of order,
specification or other document).
c.
No terms and conditions endorsed on, delivered with or contained in a confirmation of
order, specification or other document provided by the Contractor shall form part of the
Contract.
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SECTION 5
ANNEXURE 1 – Form of agreement
FORM OF AGREEMENT
AGREEMENT PARTICULARS
Date
Tender Return Date
21st December 2012
Works Commencement Date
2nd January 2013
Contract Period
Works Completion Date
The date that the Nominated Officer
notifies the Contractor that the Materials
have been supplied in accordance with
this agreement and to its entire
satisfaction (in accordance with the
provisions of Section 4)
Target Completion Date
10th April 2013
Defects Liability Period
12 months from the Works Completion
Date
Price
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THIS AGREEMENT is made the……………………day of ………………………2012
BETWEEN :(1)
The Peak District National Park Authority of Aldern House, Baslow Road, Bakewell, Derbyshire
DE45 1AE (hereinafter called “the Authority”) of the one part; and
(2)
………………………. (company number ……………) whose registered office is at
…………………………………………………….. (hereinafter called “the Contractor”) (VAT No. …………….) of
the other part.
WHEREAS the Authority requires that the Works should be performed and has accepted a Tender by the
Contractor for the performance of the Works
NOW THIS AGREEMENT WITNESSES as follows:1. The following documents shall be deemed to form and be read and construed as part of this
Contract
viz:
Section 1: Form of Tender
Section 2: Form of Agreement
Section 3: Project Objectives, Detailed Specification and Conditions
Section 4: Interpretation, Definitions and Standard Conditions of Contract
Section 5: Annexures
These documents together form the Tender request – FENCING AND ACCESS WORKS
2. In consideration of the Payments to be made by the Authority to the Contractor as hereinafter
mentioned the Contractor hereby agrees and undertakes with the Authority to perform the Works in
accordance with the attached Tender dated on the Tender Return Date with the following variations
a. All Works will be undertaken at the rates identified in the Tender;
b. The Authority will pay for the Works actually requested via an official Purchase Order
form;
c. The date of delivery required for the Works will be agreed between the Authority and the
Contractor and will be clearly identified on the relevant Purchase Order form;
d. [any other variations]
3. The Authority hereby agrees and undertakes to pay to the Contractor the Payments in consideration
of the performance of the Works in accordance with the terms of the Contract (subject to the above
variations).
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4
The Price is as set out in the Agreement Particulars.
SIGNED by the parties hereto or their authorised signatories on the day and year first above written.
……………………………………………………………Signed by an authorised signatory on behalf of
Peak District National Park Authority
(Signature of,
Peak District National Park Authority)
Signed on behalf of
[the Contractor]
……………………………………..
Director
NOTE:
………………………………………..
Director/Secretary
This Agreement will not be signed by the Tenderer until final acceptance of the Tender.
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ANNEXURE 2 – Relevant PDNPA Policies
Policy for use and contracting of Helicopters
Type of Work
Project which requires
movement of Personnel
AOC
(Air Operators Certificate)
AOC certificate MUST be in
place and copy provided in
advance of work taking
place
Project which requires
movement of loads onto
land away from initial lift
site
AOC certificate MUST be in
place and copy provided in
advance of work taking
place
Project which requires
lifting of loads e.g. seed or
fertiliser where dispersal is
automatic direct from
aircraft
Project which requires
reconnaissance with
personnel other than pilot
Project which entails fire
fighting by solely dropping
water onto fire front
Other
AOC not required,
but NO personnel
other than pilot
allowed to fly in
aircraft
Valid Insurance
documentation
provided in
advance of work
commencing
Valid Insurance
documentation
provided in
advance of work
commencing
Valid Insurance
documentation
provided in
advance of work
commencing
AOC certificate MUST be in
place and copy provided in
advance of work taking
place
Project which requires
reconnaissance solely by
pilot and other equipment
(No other personnel)
Project which entails fire
fighting including
transporting of under-slung
loads and dropping of
water onto fire front.
Non AOC
AOC not required,
but NO personnel
other than pilot
allowed to fly in
aircraft
AOC certificate MUST be in
place and copy provided in
advance of work taking
place
AOC not required,
but NO personnel
other than pilot
allowed to fly in
aircraft
Valid Insurance
documentation
provided in
advance of work
commencing
Valid Insurance
documentation
provided in
advance of work
commencing
Valid Insurance
documentation
provided in
advance of work
commencing. This
MUST include
specific Insurance
certificate or clause
for Arial fire fighting
Valid Insurance
documentation
provided in
advance of work
commencing. This
MUST include
specific Insurance
certificate or clause
for Arial fire fighting
Additional Notes
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This Policy has been developed following discussions with the Civil Aviation Authority and is designed to
meet the specific needs of the Peak District National Park Authority. It has been drawn up to ensure the
safe operation of aircraft employed in respect of any work undertaken by or on behalf of the Peak District
National Park Authority

A failure to adhere to this policy on the part of any contractor or his/her sub-contractors will
be deemed a breach of contract and the contract will be terminated forthwith.

Copies of all current insurance certification and Air Operator Certificate or the AOC number
(where applicable) must be provided prior to any work by helicopter commencing on site

All final invoices for helicopter related work MUST be accompanied by copies of the
Technical log relating to the aircraft used for the full duration of the contract. Failure to
supply copies of the technical log will mean invoices cannot be paid.
Peak District National Park Authority
November 2009
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