Contract for Operational Services (Rev 06/07/11)No: 103/13/01 Unit:Thames Beat
CONTRACT for the SUPPLY of SERVICES (OPERATIONAL)
between
The Forestry Commissioners, acting in exercise of the powers contained in the Forestry Act 1967 and having a place of business at 231 Corstorphine Road, Edinburgh, EH12 7AT ("the Commission")
and
[Name, address and designation] ("the Supplier/Contractor")
1The Supplier/Contractor agrees to provide the Services to the Commission in accordance with and subject to the provisions of this Contract.
2The Contract Commencement Date shall be [insert date].
3The Contract shall consist of this document and the Schedules annexed, which are deemed to be incorporated into and form part of this Contract.
4In the case of any ambiguity, inconsistency, uncertainty or conflict arising the following order of precedence shall apply in relation to the Schedules:-
4.1Schedule 3
Schedule 4
Schedule 2
Schedule 1
Schedule 5
5The Contract shall be governed by and construed in accordance with the law of England and Wales and the parties irrevocably submit to the jurisdiction of the English and Welsh courts.
This Contract, which consists of this and attached five Schedules, is signed as follows:-
Signed for and on behalf of The Forestry Commissionerson the [] day of [ ] 2013 by:
Authorised Signatory: ......
Full Name:......
Signed for and on behalf of the Supplier/Contractor
on the [] day of [ ] 2013 by:
Authorised Signatory:......
Full Name:......
Schedule 1
Conditions of Contract for the Purchase of Services (Operational)
As amended (July 2011)
These Conditions may only be varied with the written agreement of the Commission. No terms or conditions put forward at any time by the Supplier/Contractor shall form any part of the Contract unless specifically referred to in the Contract.
The Conditions of Contract which will apply areContract for Operational Services (Rev 06/07/11) and can be viewed at
Schedule 2
Special Conditions/Agreed Amendments to the Conditions of Contract for the Purchase of Services (Operational)
NOT USED
Schedule 3
Description of the Services
- Contract Commencement & Termination
- Contract Particulars
In order to overcome this difficulty and to allow the Contractor suitable time to prepare for the contract and maximize the effectiveness and efficiency of maintenance, indicativeitems and quantities have been entered into the specification and are shown in Schedule 4. The Tenderer must recognise that the quantities have been estimated solely for the purpose of determining the contract value. It is emphasised that actual quantities may be significantly greater or substantially less than those shown, whilst certain items may not be used at all.
If the C.M. decides that work is required on operations not included in Schedule 4 then the Contractor will provide a quotation for those works. The Commission is not bound to accept such a quotation.
The Contractor shall be deemed to have satisfied himself before tendering as to the sufficiency of the specification.
No account shall be taken in any payment to the Contractor under this contract of any change in the cost to the Contractor of the labour, materials, equipment and other resources required in carrying out the works.
The contract is non-exclusive and the Commission reserves the right to obtain competitive quotes and award separate contracts at its discretion.
All timber and wood-derived products for supply or use in performance of the contract must be independently verifiable and either from a legal and sustainable source; or from a FLEGT-licensed or equivalent source.
- Site Particulars
Jeskyns Community Woodland is an ex-arable site that has been cultivated prior to planting.
- Site Access
Noguarantee can be given on the ground conditions within the site and the Contractor should assume that a 4-wheel drive vehicle will be required at all times. During wet ground conditions the Contractor must seek permission from the C.M. for any vehicle access across the site.
The Contractor must access the site using marked trails only.
The Contractor shall ensure that vehicles leaving the site do not, under any circumstances, deposit mud or rubbish on the public highway or shared access routes. Vehicles shall be checked at the site entrances.
- Health & Safety
- Certificates of Competence
For any operations involving ATV quad bikes or All-terrain vehicles the person operating the vehicle must be in possession of a recognised Certificate(s) of Competence issued by either LANTRA or NPTC.
For any operation involving strimmers, brush cutters or clearing saws the person working on the site must be in possession of a recognised Certificate(s) of Competence issued by NPTC.
For any operation involving chainsaws the person working on the site must be in possession of a recognised Certificate(s) of Competence issued by NPTC, with relevant units/modules held for each specific operation (or equivalent).
- Chainsaws: Forest Industry Safety Accord (FISA) Compliance
- Machinery: Forest Industry Safety Accord (FISA) Compliance
The Contractor will provide copies of an operators relevant Certificates of Competence to the C.M. before commencing any operation.
For most machinery operations FISA recommends that recorded refresher/update training should take place at least every five years. The contractor must comply with this requirement as identified in FISA 805 Training and Certification.
- Pre-commencement meeting
The Contractor will specify the name of the appointed Site Safety Co-ordinator (SSC) to the C.M. at the pre-commencement meeting. The nominated SSC will be present on the works site at all times and will ensure effective lines of communication are maintained with all present. The Contractor shall inform the C.M. before replacing the SSC. The Health & Safety Executive (HSE) details the roles and responsibilities of the SSC and the Contractor is expected to adhere to all relevant guidance.
For any operation using non-mechanised or mechanised equipment the Contractor must consider the associated risks to members of the public and take all reasonable measures to ensure public safety at all times.
For any operations involving the handling and/or application of herbicides the Contractor shall carry out a COSHH risk assessment and shall make copies of these available to the C.M. when requested.
The Contractor will carry out regular FISA checklists, one every six months, on all applicable operations and present copies of these to the C.M. if requested to do so.
For any operation using non-mechanised or mechanised equipment the Contractor must consider the associated risks and take all reasonable measures to ensure safety at all times. The following industry codes of best practice should be followed, this list is not exhaustive and the Contractor should seek further guidance whenever possible:
- HSE Managing Health & Safety in Forestry
- Forestry Industry Safety Accord (FISA) guides
- Agricultural Information Sheet 25, Safe Use of Agricultural Mowers
Throughout the contract the Contractor must clearly demonstrate that they have considered how they are going to work the site safely. The Contractor shall carry out risk assessments (as required under the Management of Health and Safety at Work Regulations 1992) and discuss the significant findings with the C.M. From these exchanges, the Contractor and C.M. will agree appropriate control measures that need to be applied to ensure persons do not enter working risk zones. For example, when undertaking a mechanised operation the use of a banksman may be considered an appropriate control measure, however, the use of machinery with low or no risk zone may be an alternative control measure.
When submitting the tender, the Contractor must be satisfied that they have taken all additional costs into consideration. Through the duration of this contract no changes in the cost shall be considered.
When undertaking operations in the vicinity of services the Contractor must ensure they adhere to relevant standards, guidelines and best practice. For instance, HSG 47 Avoiding Danger from Underground Services and AFAG 804 Electricity at Work: Forestry and Arboriculture.This list is not exhaustive and the Contractor should seek further best practice guidance whenever possible.
The Contractor shall prevent the interruption or pollution of all watercourses on the site, and also streams and rivers off the site. When working on site the Contractor will have in his possession a pollution control kit to British Standard relevant to the work being undertaken i.e. against a fuel or chemical spillage. Should any pollution occur, the Contractor shall take at his cost, rapid remedial action and inform the Environment Agency and C.M. immediately.
The Contractor’s attention is drawn to the requirements of the Environmental Protection Act 1990 and to the Control of Pollution (Amendment Act) 1989. The EPA places a duty on all producers of waste to ensure that their duty of care in disposing of this waste is fully met. To this end, details of the intended licensed facility to dispose of waste from these works must be included as part of this tender and copies of the relevant waste carriers licence and transfer notes must be provided when disposal occurs.
The Contractor will ensure compliance with the legal requirement detailed in the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007.
In any instances where Contractors vehicles/machinery have become bogged down during operations and requires recovery, the Contractor will be responsible for providing the necessary equipment to undertake the recovery, ensuring compliance with safe working practices i.e. FISA 703 - Debogging and Recovery of Forest Machines.
Prior to any recovery operation commencing the Contractor will inform the C.M. to agree a safe working practice.
Anyone working on Commission land must comply with our First Aid Policy. Copies can be obtained via the ‘Working Together’ page of or from the C.M. The policy outlines the First Aid qualifications that people working on FC land must hold, and sets out the minimum number of trained people that must be on site.
It is the Commissions understanding that under revised Gangmaster Licencing Authority guidance, all forestry activities are exempt from requiring a licence. However, the Contractor will ensure compliance with any Statutory Regulations set by the Gangmaster Licensing Authority.
- Contract Specifications
The C.M. will reject work carried out under inappropriate conditions and which will be repeated entirely at the Contractor’s expense.
- Timber & Wood Derived Products
- from a legal and sustainable source; or
- from a FLEGT-licensed or equivalent source.
Category A evidence: Certification under a scheme recognised by the UK Government as meeting the criteria set out in the document entitled, ‘UK Government Timber Procurement Policy: Criteria for Evaluation Category A Evidence’. The edition current on the day the contract is awarded shall apply.
Category B evidence: Documentary evidence, other than Category A evidence and FLEGT evidence, that provides assurance that the source is sustainable. In this context ‘sustainable’ is defined in the document entitled ‘UK Government Timber Procurement Policy: Evaluating of Category B Evidence: Methodology’. The edition current on the day the contract is awarded shall apply. Such Category B evidence may include, for example, independent audits and declarations by the Contractor. Where Category B evidence is to be relied on, the Contractor is required to notify the C.M. of the sources of all timber and wood-derived products supplied. Source in this context means the forest or plantation where the trees were grown and all subsequent places of delivery through the supply chain prior to receipt of the timber or wood-derived product by the Contractor.
FLEGT evidence, from either or both of the following categories:
Evidence of timber productsbeing exported from atimber-producing country that has signed a bilateral Forest Law Enforcement, Governance and Trade (FLEGT) Voluntary Partnership Agreement (VPA)with the European Communityand which have been licensed for export by the producing country’s government. This may also include timberproducts thathave been independently verified as meeting all the producing country's requirements for a FLEGT licence, where a VPA has been entered into but the FLEGT licensing system is not fully operational.
Equivalent evidence from a country that has not entered into a VPA which demonstrates that all of the requirements equivalent to FLEGT-licensed timber have been met.
- Post & Rail Fencing
Description
Post and rail fencing is to be erected at site boundaries. This will be accomplished with minimal disruption to the existing grass sward.Materials
The minimal dimensions/quality for post and rail fencing materials will be as follows:
Post: 1.8m x 125mm x 75mm, dug into ground and backfilled with compacted soil. Maximum centres 1.8m.
Rails: 3.6mx100mmx38mm nailed to post with 4no galvanised annular 75mm nails per rail.
Wire: (2.64mm high tensile spring steel, zinc coated) along length and crossed around posts held in place with fencing staples.
Staples: (40mm galvanised) to hold wire to posts.
All timber to be softwood covered under BS 3470 and treated to BS 5589.
Construction
Post & rail fencing details are shown on Drawing 1. Set out and erect fencing in straight lines or smooth flowing curves with the tops of posts following profile of the ground, with posts set rigid, plumb and to specified depth or greater where necessary to ensure adequate support, with correct fastenings and all components securely fixed. The bottom of the post is to be dug 700mm into the ground at 1.8m centres. 3no rails to be set vertically at 350mm centre from top of post.
The fence is to have an overall height of 1100mm and 3no rails are to be fixed and wired along length of each rail to give strength. The wire is to be stapled at 500mm spacings on each rail. Care is to be taken not to snap the wire in driving the staple in too deeply.Line wires may be tensioned using a tractor mounted straining bar.
Setting posts in concrete,if required concrete may be used as follows. Mix: To BS 5328, Designated mix not less than GEN1 or Standard mix not less than ST2 (alternative mix for small quantities: 50kg Portland cement, class 42.5, to 150kg fine aggregate to 250kg 20mm nominal maximum size coarse aggregate, medium workability). Do not use admixtures. Excavate holes neatly and with vertical sides. Position post and fill hole with concrete to not less than the specified depth, well rammed as filling proceeds and consolidated. Holes not completely filled with concrete to be backfilled with excavated material, well rammed and consolidated.
Site cutting of timber to be kept to a minimum. Treat surfaces exposed by minor cutting and drilling with two flood coats of a solution recommended for the purpose by main treatment solution manufacturer.
All timber shall be treated in accordance with BS 4072 and BS 5589 (British Standards Institution, 1974 and 1978 or later additions). All steel wire and wire netting shall be manufactured to BS 4102 (British Standards Institution, 1979 or later additions).
- Hexagonal Mesh Fencing
Hexagonal mesh (rabbit) fencing is to be erected around woodland planting. This will be accomplished with minimal disruption to the existing grass sward. The Contractor will be required to drive out rabbits and hares before completing the fencing to ensure that none are trapped inside.
Materials
The minimum dimensions/quality for hexagonal mesh fencing materials will be as follows:
Straining post: (round) 2.3m x 125mm diameter (line wire fence to BS 1722 Part 3), dug into ground and backfilled with compacted soil. Maximum centres 200m in straight runs and at all ends, corners, changes of direction and acute variations in level.