OTTERY ST MARY TOWN COUNCIL

GROUNDS MAINTENANCE CONTRACT

1st April 2018 - 31st March 2021

Parties to the Contract

  1. Ottery St Mary Town Council (`the Council`) of Council Offices, The Old Convent, 8 Broad Street, Ottery St Mary. Devon EX11 1BZ
  2. (the Contractor) of

Intent of this Contract

  1. To ensure that the land administered by the Council is safe, and looks attractive to its parishioners. This will be in accordance with the specification below.
  2. All works shall be performed to the satisfaction of those councillors and/or employee of the Council nominated to the role of maintenance supervisor(s) (`the Supervisor(s)) in accordance with the overall programme of works

Works and Duration of Contract

  1. The Works as specified below will be carried out for the period commencing 1st April 2018 until 31st March 2021

Conditions

  1. The Council reserves the right to add or remove areas to be maintained during the period of the contract and the Contractor will be invited to provide a cost/reduction where applicable in writing to the Clerk and if agreed by the Council this will then be added to the Schedule and be a binding part of the contract
  2. The Council will not be liable for any damage or loss to equipment incurred by the Contractor during the period of the contract howsoever caused. The Contractor is expected to survey each area before work commences to ensure no obstacles are present
  3. The workmanship must be of the highest standard and shall conform to all relevant British Standards, Specifications and Codes of Practice
  4. The Contractor shall comply with all Health and Safety regulations and all other statues and regulations. If working alone he/she shall be expected to notify a supervisor or line manager of his/her whereabouts and the likely length of time. This can be a relative or work colleague
  5. The Contractor shall provide all necessary equipment (including fuel) and personnel to perform the job and a Risk Assessment
  6. The Contractor will at all times during the period of the Contract ensure that machines are properly guarded and maintained so as to present no danger to the operator, surrounding structures, vehicles or any person in the vicinity of operations. The Contractor will provide his staff with all safety equipment, (boots, reflective vests etc) and will ensure that staff use these at all times they are engaged in work for the Council
  7. All persons operating machinery must be satisfactorily trained and the Council reserves the right to ask the Contractor to provide adequate proof that his operators are well trained, conversant with health and Safety legislation and competent in their operating methods
  8. The Contractor shall not assign the contract nor sub-contract any part of the work, without the Council`s prior consent

The Council`s Specification of Maintenance Works (`the Works`)

1.Winters Lane Tennis Courts Area - See Photograph 1 & Map 1

To cut grass and cut back/remove self-seeded plants and any weeds around all 4 perimeters of the courts.

The work to be carried out every third week

2. Canaan Way - See Photographs 2, 2A, 2B & 2C & Map 2

To look after the area – both to cut, edge, weed and scarify the shrub/flower bed and cut the grass.

This would include the grass cutting and the work required to the shrub bed.

All hedge trimming in the vicinity is excluded from this contract

The work to be carried out every third week

3.Butts Road – See Photographs 3 & 3A & Map 3

To look after the area – both to cut, edge, weed and scarify the shrub/flower beds and cut the grass

The work to be carried out every third week

4.Kennaway Road & Chineway Road – See Photographs 4 & 4A and Map 4

To look after the area – to cut, edge, weed and scarify the shrub/flower beds and cut the grass on each corner

The work to be carried out every third week

5.St Saviours Bridge – See Photograph 5 and Map 5

To look after the area – both to cut, edge, weed and scarify the shrub/flower beds and cut the grass

The work to be carried out every third week

6.Library/Information Centre – See Photograph 6 and Map 6

To look after the area – to cut the grass and in addition to cut, edge, weed and scarify the shrub/flower bed on and `ad hoc` basis

Note: The grass cutting work to be carried out every third week and the `ad hoc` work to be carried out as and when specifically requested by the Council at a price to be agreed between the parties

7.Hedges

Any hedges that may require trimming should only be trimmed at the relevant time ( not between 1st March – 31st August when birds are nesting or outside of these times if it is clear that birds are nesting).

For Information Purposes Only – See Photograph 7 and Map 4 (Corner of Slade Road)

This area does not form part of the contract. The bank is maintained by EDDC for which the Council contributes towards the cost. The remaining area is maintained by DCC

Additional Requirements

  1. The Contractor will report to the Supervisor(s) any vandalism, dumped rubbish, safety issues or defects noticed during the carrying out of the Works
  2. The Contractor will be expected to show initiative in performing the Contract so as to satisfy the intent as well as the letter of the contract

Documentation required

The Contractor to:-

i.have and to keep up to date his own Public and Employer`s Liability Insurance of £5,000,000 or more

ii.to produce a valid Spraying Certificate to the Clerk and all other certificates required in accordance with statutory legislation in advance of any works being carried out requiring such certificate(s)

iii.Provide a Risk Assessment

Payment and Terms for contracted work

  1. This contract is made between Council and the Contractor
  2. The Council will pay the contractor the annual sum of:-

£ for 2018/19

£ for 2019/20 and

£ for 2020/21

By monthly instalments

  1. The Contractor and the Council agree that the Council will pay the Contractor on receipt of a monthly invoice by BACS. The Contractor to provide bank details. The Contractor to itemise on his invoice the charge for each specific area
  2. Any specialist equipment needed on hire, to be paid at cost by the Contractor

Termination of this Contract

  1. The contract may be terminated early with 28 days notification in writing by either party
  2. If the Supervisor(s) consider the work of the Contractor to be unsatisfactory, the Council shall give a written warning and the Contractor shall remedy the situation within 14 days of such warning.
  3. If the Contractor fails to comply with such notice or fails to carry out work to the terms of

this Contract within 28 days of the written warning, the Council may terminate this Contract

with immediate effect and deduct payment proportionally

Signed ………………………………………………….. Date ……………………………….

Town Clerk

On behalf of the Council

Signed ………………………………………………….. Date ……………………………….

on behalf of