GRASS CUTTING CONTRACT

DATED

STOTFOLD TOWN COUNCIL (1)

……………………….. (2)

COUNTERPART/AGREEMENT

relating to the hiring of an independent contractor for the

grass cutting duties in relation to the Council's functions within its area.

Contract period: 1st April 2011 to 31st March 2014

THIS AGREEMENT made the day of two thousand and eleven between STOTFOLD TOWN COUNCIL of The Simpson Centre, Hitchin Road, Stotfold in the County of Bedfordshire (hereinafter called “the Council”) of the one part and of in the County of (hereinafter called “the Contractor”) of the other part.

WHEREBY IT IS AGREED as follows:

  1. The Council will appoint the Contractor for the period from the first day of April 2011to the thirty first day of March 2014 inclusive as its contractor for carrying out grass cutting duties in relation to the Council’s functions within its area as listed in the attached schedule and the Contractor will perform all such duties as is requested to be done by the Council and without prejudice to the generality of the foregoing and all such works to be carried out in a good workmanlike manner.
  2. The Council will also in consideration of the proper performance of its obligations hereunder pay to the Contractor £ per annum for the year commencing 1st April 2011, £ per annum for the year commencing 1st April 2012, and £ per annum for the year commencing 1st April 2013. All such sums payable by twelve equal instalments upon delivery of the Contractor of a monthly invoice at the end of each month but subject nevertheless to the Contractor performing all of its obligations under this Agreement. In addition payment will be made for additional cuts at the rate of £ , £ and £ across the three years for verges, £ , £ and £ across the three years for Hitchin Road Recreation Ground, £ , £ and £ across the three years for Riverside Playing Fields, £ , £ and £ across the three years for the football pitch and £ , £ and £ across the three years for the Memorial Hall/Simpson Centre area. Each cut of footpaths numbered 13 and 6 will be paid at the sums of £ , £ and £ across the three years. Any new grass areas will be paid at a rate of £ , £ and £ across the three years per square metre. Additional work will be paid at the rate of £ , £ and £ across the three years per hour.
  3. The Contractor will also:

(a)Provide all machinery, tools and fuels necessary to carry out its obligations hereunder and to keep in good repair and condition all such machinery so used by the Contractor in the due performance of its duties hereunder and ensure that all such machinery is in satisfactory condition in order to complete all work undertaken on behalf of the Council.

(b)(i)insure itself adequately against all contingencies in relation to damage, fire, burglary and personal injury with regard to all the Contractor’s own machinery used in connection with the discharge of its obligations under this Agreement and to comply in all respects with requirements of the Health and Safety at Work Act 1974 and 1988 and all Control of Substances Hazardous to Health Regulations including any amendment thereto or statutory modification or re-enactment thereof.

The Contractor should avoid mowing areas where and when large numbers of children are playing.

(ii)indemnify the Council and to keep it indemnified against all losses, claims, demands, proceedings, damages, costs, charges and expenses in respect of or in connection with injury to or death of any person (including a person employed by the Contractor or any sub Contractor) or damage to property real or personal (including property belonging to or in possession of a person or persons employed by the Contractor or any sub Contractor) happening consequent upon or in connection with the carrying out of work.

Providing always that this indemnity will not apply where in respect of injury or death of any person or damage to property real or personal resulting from an act or default of the Town Council, its servants, agents or other contractors (not being employed by the Contractor)

To effect and maintain insurance policies to a minimum of £5,000,000 which provide both the Town Council and the Contractor with full cover in respect of any liability against which the Contractor is required by the Clause to indemnify the Council.

As and when called upon to do so by the Council or any of its officers provide evidence of the insurance referred to and evidence of payment of the last premium thereunder.

(c)Not to assign this Agreement or any obligations thereunder to any persons or body incorporate whatsoever without the written consent of the Town Council.

(d)The Contractor will provide the Town Council with suitable references concerning the type and standard of work carried out by them.

(e)Provide at the Contractor’s own cost and expense for:

(i)the loading and unloading of plant and equipment for the adequate transportation of machines, materials and personnel from every site of which the Contractor is obliged under this Agreement to carry out any of its duties. No storage facilities will be provided.

(ii)adequately stocked First Aid outfits in readily accessible positions at a site or sites at which work is being carried out.

(iii)adequate reflective or other similar clothing for use by the Contractor’s employees and other personnel under its control whilst the same are working within the limits of a vehicular highway.

(g)The areas cut must be inspected and all foreign objects removed and disposed of before cutting begins.

(h)In executing the works the Contractor will take all necessary precautions to secure the efficient protection of all rivers, streams, waterways, sewers and watercourses against pollution.

(i)Particular care must be taken to ensure that no deleterious matter whatsoever is deposited on the carriageway or footways during the operations.

(j)Any damage to land or equipment connected with the highway or adjoining land, occasioned by the work shall be repaired or otherwise made good at the Contractors expense.

(k)Use of the kitchen area, toilet and washing facilities will be provided at the Town Council Office.

(l)The Contractor should carry identification at all times when carrying out its duties.

(m)The Contractor will be issued with the necessary keys to enable it to carry out its duties.

(n)No payment will be made for any work not carried out to the satisfaction of the Town Council providing that a written warning has been given.

(o)The Contractor will submit to the Clerk to the Council, after the end of each month, a statement detailing sites where work has been carried out and the value of such work and the Contractor shall be paid for the amount deemed to be due to them.

4.(a)Notwithstanding the fixed period of employment referred to in Clause 1 of this Agreement the first six months thereof shall be probationary (in favour of the Council only) and the Council shall be entitled to terminate this Agreement at any time during the period of one calendar month following the expiration of six calendar months from the date contained in Clause 1 hereof upon written notice being given by or on behalf of the Council to the Contractor invoking the terms of the sub-clause.

(b)This contract will be immediately terminable by the Council upon the breach by the Contractor of any of its obligations hereunder and any payments accrued due to the Contractor hereunder on account of work which at the time of termination has not yet been paid for by the Council shall (at the discretion of the Council) be retained by it on account of any claim which the Council might have against the Contractor by reason of such breach.

5.No standing time will be paid for time lost due inclement weather conditions or for any other circumstances which may arise to prevent work proceeding. The Contractor must inform the Town Council if due to illness, accident or other circumstances he is unable to fulfil his obligations.

6.In the event of any dispute arising out of or in connection with this Agreement or the obligations of either party hereunder then the same shall be referred to a single arbitrator under the provisions of the Arbitration Act 1950 or any amendment thereto or any statutory modification or re-enactment thereof.

AS WITNESS the hands of the parties hereto:

Signed by:

…………………………

Councillor Collier – Chairman of StotfoldTown Council

Witnessed by

......

Kate Elliott-Turner – Clerk to StotfoldTown Council

Contractor:

………………………..

SPECIFICATION FOR THE GRASS CUTTING OF HIGHWAY VERGES WITHIN STOTFOLD FOR THE YEARS 2008/2009, 2009/2010 AND 2010/2011

The area of highway grass in Stotfold to be cut is approximately 55,000 square metres. This does not include any new estates, and the contractor should provide a separate quotation per square metre to cover these areas in case they are to be cut at any time during the three year contract. The limits to be cut are as follows:

Arlesey Road- EtonburyMiddle School

Astwick Road- 30 m.p.h. sign

Baldock Road- to stub end of road

Hitchin Road- 30 m.p.h. sign

Norton Road- CountyBoundary

Mill Lane- 30 m.p.h. (not including ARC progress)

Quote to include cutting of the verge outside The Grange, High Street.

The verges are to be cut sixteen times during the year, and a price per cut should be quoted. Please also supply a separate quotation for any additional cuts, over sixteen which may be required. The contractor should quote for the actual cutting of the grass, which includes strimming around obstructions.

SPECIFICATION FOR GRASS CUTTING OF RECREATIONAL AREAS IN STOTFOLD (to include all verbiage, nettles etc around all boundaries)

The following areas to be cut are:

(1)Hitchin Road Recreation Ground, Stotfold

(2)The Green, Stotfold

(3)Riverside Playing Field and adjoining verge, Stotfold

(4)Riverside Conservation Area

(5)Football pitch in Riverside Playing Field

(6)Hallworth Drive, areas around Memorial Hall and the Simpson Centre

(7)The two public footpaths numbered 14 and 6

The areas numbered (1), (2), (3) (5) and (6) are to be cut sixteen times during each of the seasons 2011, 2012 and 2013 using the contractors own equipment. These cuts are to be arranged with the Clerk, or other authorised Officer of the Council, a separate quotation for any additional cuts which may be required is to be given.

With reference to the area numbered (5) this is to be cut with a rotary mower to be supplied by the Contractor. A separate quotation for any additional cuts which may be required over the requested number of cuts is to be given.

With reference to the Riverside Conservation Area (4), this is to have 8 cuts per year, or more when needed, which is to be charged at the additional cuts rate.

With reference to the two footpaths numbered 14 and 6, they are to have one cut with a flail during July. The area from the existing 30 m.p.h. sign along to the FordBridge is included in the grass cutting contract to include the narrow strip along the new footpath which will require strimming on a regular basis.

The triangular area of land in Murrell Lane at the junction of Baldock Road is included in the contract along with the banked area at the entrance to Murrell Lane off Norton Road.

The Contractor should quote for the actual cutting of the grass and strimming around obstructions, grass must be taken to include all verbiage including weeds and must be cut back to the perimeter of each area. Areas underplanted with bulbs will be cut after 6 weeks.

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