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Grounds Maintenance Service

INSTRUCTIONS TO TENDERERS

ENVIRONMENT, CULTURE & COMMUNITIES

INVITATION TO TENDER

GROUNDS MAINTENANCE SERVICES

SECTION A: INSTRUCTIONS TO TENDERERS

Grounds Maintenance Service of 49 Instructions to Tenderers



SECTION A 1 Introduction

1.1 Background 1.1.1 Bracknell Forest Council (BFC or the Council) is located in central Berkshire, and

was designated a New Town in 1949 but became a Unitary authority in April 1998. The Council’s services are divided between four Directorates, Corporate Services, Adult Social Care and Health, Environment, Culture and Communities and Children, Young People and Learning.

1.1.2 This tendering exercise is part of a wider Public Realm programme, comprising the following 3 lots:

Lot 1 - Highways Maintenance & Works Lot 2 - Street Cleansing Lot 3 - Grounds Maintenance

As is further explained below, whilst each of the 3 lots will be the subject of separate competitive tendering, tender evaluation will be carried out on the basis of 4 possible combinations of these lots, as follows:

Option 1 – 3 Contractors would be appointed and 3 separate contracts would be placed for all Lots.

Option 2 – 2 Contractors would be appointed – 1 Contractor for Lots 1 & 2 and the 2nd Contractor for Lot 3. Separate contracts would be placed for all 3 Lots.

Option 3 – 2 Contractors would be appointed – 1 Contractor for Lot 1 and the 2nd

Contractor for Lots 2 & 3. Separate contracts would be placed for all 3 Lots

Option 4 – 1 Contractor would be appointed for all 3 Lots. 3 separate contracts would be placed.

As was explained in the OJEU Contract Notice and South East Business Portal advertisement, Lot 3 (Grounds Maintenance Services) is a service currently performed by an in-house Council team. Tenders received for this Lot will be benchmarked against the cost and quality of the internal service. The benchmarking criteria are set out below. If one or more tenders exceed the benchmark, the Council will award grounds maintenance as an external contract, however If no tenders exceed the benchmark the Council will not award an external contract for grounds maintenance.

1.1.3 Tenderers should be aware that, particularly in view of the financial pressures currently being faced by Central and Local Government, the Council places considerable importance on the financial aspects of this project. There is an expectation within the Council that significant savings will be achieved through the




Public Realm competitive tendering programme.

1.1.4 This Invitation to Tender sets out how your organisation can tender for the provision of a grounds maintenance Service to the Council.

1.2 Outline Requirement

1.2.1 This Service includes grass cutting, hedge maintenance and shrub and flower bed maintenance of public realm ‘green areas’ primarily:

• Verges and amenity grass areas associated with public highways and streets • Public open spaces • Parks and countryside land • Roundabouts

This Service also includes;• Planting and maintenance of seasonal flower beds • Provision and maintenance of hanging baskets • Leaf raking and woodland clearance • Sports pitch marking and maintenance of fine sports turf • Minor tree works • Implementing specialist landscaping schemes. • Special Events and Emergency works • Arboricultural Operations

1.2.2 The contract duration will be for an initial Term of 7 years commencing on with an option to extend by up to a further 7 years.

1.3 Project Schedule

1.3.1 The following is the proposed timetable for the procurement and implementation of the Service which shall be subject to alteration from time to time.

Issue Invitation to Tender

Supplier Visits

Last Questions from Tenderers

Issue Final Question & Answer Summary

Receive Response from Tenderers Mid day

Supplier Interviews




Contract Award

Contract Start Date

2 Instructions to Tenderers 2.1 General Instructions 2.1.1 If you intend to tender for the provision of the grounds maintenance Service to the

Council, please read the following instructions carefully and prepare your tender accordingly.

2.1.2 The Council will not be responsible for any costs or expenses you incur in preparing or delivering or in the evaluation of the tender, nor with any costs or expenses incurred with the formation of a contract should you be successful.

2.1.3 You are deemed to have obtained at your own expense, all information necessary for the preparation of your tender.

2.1.4 Prior to the date for return of tenders, the Council may clarify, amend or add to the documentation. A copy of each such instruction will be issued by the Council to every contractor and shall form part of the tender documentation. No amendment shall be made to the tender documentation unless it is the subject of such an instruction. You should promptly acknowledge receipt of such instructions. If the Tenderer alters or seeks to alter the tender documents, other than as noted before, his tender may be rejected.

2.1.5 Clarifications of the invitation to tender documents must be made by email to the following:

2.1.6 As soon as practical after receipt of any request for clarification, the Council will respond in writing to all tenderers except where the clarification has been identified by the tenderer, and subsequently agreed by the Council, as being commercially sensitive. The Council will not be bound to respond to any request for clarification of the Invitation to Tender which is received later than.

2.1.7 Only clarifications made in writing by the Council will form part of the Invitation to Tender documents.

2.1.8 All questions submitted to the Council in writing and answers, will be logged, summarised and issued to all tenderers as per the above timetable 1.3.1.

2.1.9 All information contained in the invitation to tender shall be treated as confidential except insofar as is necessary to be disclosed for the purposes of obtaining quotations essential for the preparation of your tender.

2.2 Tender Response 2.2.1 Please submit 4 hard copies of your Tender, plus one electronic copy on CD/DVD.

Most business file types are acceptable; however any file containing code, password protection or seemingly inappropriate images will be rejected. We are unable to accept quotations on USB stick.

2.2.2 Your tender must be divided into two sections and contain the information called for in each section below:




The commercial section should include:

• The Form of Tender (Schedule 1) completed, signed and dated

• Firm prices in sterling for the Services must be entered on the Schedule of Prices - Schedule 2.

• Completed Conditions of Contract Compliance Statement – Schedule 4.

• Completed Schedule of Reserved Information – Schedule 6 (see guidance attached at Annex A to Schedule 6.

The technical section should include:

• Detailed responses to all Method Statement questions (Note: tenderers should ensure these are set out clearly with specific reference to each numbered question set out in Section D.

• Tender Checklist (Schedule 3) should be completed and comments added if required.

• Completed Specification Compliance Statement – Schedule 5

No pricing should be included in the technical section.

2.2.3 Tenderers should provide a detailed response to all sections in the Specification Section C. All sections must be responded to even if simply “Understood” or “Agreed”.

2.2.4 The Council has indicated a maximum number of words against some questions. The number indicated includes words in any charts, appendices and diagrams which are incorporated into the tenderer's response unless otherwise clearly indicated. In the event that the number of words is exceeded, the Council will only consider the first part of the tenderer’s response up to the maximum allowed.

2.2.5 Where any external reference material, such as brochures, specifications and system descriptions, is used to support your tender, any statements within the reference material which may allow change to obligations or reduce liability, such as "specifications subject to change without notice", or other disclaimers will be regarded as void and shall not form part of the contract in the event that the tender is accepted.

2.2.6 Where a particular section of the tender response relates to information given in another section or in external reference material, then you must ensure that the response is clearly cross-referenced.

2.2.7 All pricing should be stated exclusive of VAT. 2.2.8 Tenders shall remain open for an initial acceptance for a minimum of calendar days,

although the Council may ask you to extend of the period of validity.

2.2.9 Tenderers shall be expected to visit the Town Centre, Commercial Centre and Council locations where the Services will be performed to satisfy itself as to the facilities for access, storage of materials, plant and all other site conditions likely to affect the accuracy and completeness of tender offers.




2.3 Submission of Tenders 2.3.1 The original, signed, tenders and electronic copies must be returned by no later than

Please address to:

2.3.2 If submitting hard copies, the envelope must not indicate the name of the sender; envelopes that do may be rejected unopened. Similarly, tenders received after the tender submission date/time may be rejected.

2.4 Tender Decline If you decide not to respond to this ITT, please let the contact in Section 2.1.5 know as soon as possible, giving a brief reason(s).

2.5 Evaluation of Tenders 2.5.1 The Council may seek confirmation that suppliers meet the Council’s minimum levels

of economic and financial standing or technical or professional ability, originally stated in the contract notice, at any time.

2.5.2 Suppliers must be financially sound. We use an external credit reference agency and, in addition, may seek copies of accounts and annual reports for larger contracts. We expect suppliers to have been trading long enough to have published accounts and developed a client base.

2.5.3 The contract will be awarded on the basis of the most economically advantageous offer having regard to:

2.5.4 The Total Cost of the service (% of the total score) 2.5.5 The Quality of the solution in terms of functionality and infrastructure (% of the total

score) takes into account issues such as; quality, technical merit, environmental characteristics, cost effectiveness, after sales service, technical assistance.

2.5.6 The Total Cost score is out of 100 marks and will be awarded based on a mathematical formula taking into account the overall weighting allocated to this particular section. In this instance, it is calculated by taking the lowest Total Cost divided by the next lowest Total Cost and multiplied by 100. As a result, the lowest Total Cost (subject to the provisions of regulation 30(6) of the Public Contracts Regulations 2006) will be awarded a score of 100 for price alone, with tenderers thereafter being allocated a relative score. This will, subject to the process outlined in clause 2.5.7 below, be combined with quality, to give an overall score for each tenderer.

2.5.7 As is explained in clause 1.1.2 above, the Council is tendering 3 Lots which, for the purposes of tender evaluation, have each been allocated a weighting based on their average values historically. The 4 Options also detailed (ie possible combinations of Lots), will be evaluated as follows:

A) The most favourable bidder for each combination of Lots will be identified:

• The total tendered costs per Lot will be added together, and a score allocated to each bidder for total cost in the normal way. The quality scores per Lot are




added in accordance with the weightings allocated to each of the Lots as detailed above.

• The total cost and quality scores for the combination of Lots are added in the 60/40 cost/ quality ratio to give a total score for each combination.

• Tenderers should note C) below in relation to Lot 3, Grounds Maintenance in particular.

B) The total score for the Option will be calculated:

• A sum of the total cost of the most favourable bidder for each combination of Lots will be calculated.

• A sum of the quality scores of the most favourable bidder for each combination of Lots will be calculated, which are added in accordance with the weightings allocated to each of the Lots as detailed above.

• The total cost and quality scores for the Option are added in the 60/ 40 cost / quality ratio to give a total score for the Option.

C) With particular regard to the Grounds Maintenance (Lot 3) tender evaluation, a description of the current services, its quality and costs – with schools costs identified separately, is attached as Annex A, Parts 1 & 2 hereof.

Compliant tenders which do not meet or exceed the quality threshold will fail. Reflecting the quality standards currently being achieved by the in-house team, the minimum acceptable quality threshold is being set at .

The Option with the highest score is the winning Option, and the highest scoring bidder for each of the combinations within that Option is the Preferred Bidder for the Lots in that combination.

2.5.8 The Council’s evaluation may include supplier interviews. Further detail will be sent out after tender submission if you are invited for interview.

2.5.9 The headline Quality evaluation criteria are as follows:

Criteria Marks Applicable Document(s) & Section(s) General Management of Section D – Method Statement 1

Contract Service Delivery Section D – Method Statement 2

Grounds maintenance Section D – Method Statement 3 Within Bracknell Town

Centre Effective Working with Section D – Method Statement 4

Other Contractors Key Performance Section D – Method Statement 5

Indicators Recycling & Section D – Method Statement 6

Management of Green




Waste Customer Service Section D – Method Statement 7

(Option) Landscape Design Section D – Method Statement 8

Services, Tree Services Closed Burial Grounds, Section D – Method Statement 9

Closed Landfill Sites Schools & Educational Section D – Method Statement 10

Establishments Traffic Management Section D – Method Statement 11 SMEs, Community Section D – Method Statement 12

Support, Special Events Combinations of Lots, Section D – Method Statement 13

Discounts

2.5.10 The evaluation spreadsheet which details any sub-criteria and formulae used is attached as ATTACHMENT E of this ITT.

2.5.11 The Council shall be under no obligation to award a contract for all or any part of the requirement set out in the Invitation to Tender, to any tenderer or at all.

2.5.12 You may be required to answer any Council queries on your proposal and to attend formal meetings with the Council during the tender evaluation period. Additionally the Council may wish to visit tenderers’ premises to view the facilities and systems that may be used to deliver the service.

2.6 TUPE 2.6.1

2.7 2.6.2 Canvassing Any contractor who directly or indirectly canvasses any member or official of the Council concerning the award of the contract for the provision of the Goods/Services, or who directly or indirectly obtains or attempts to obtain information from any such member or official concerning any other tender for the Goods/Service will be disqualified. If discovery occurs after the award of the contract, the Council shall then be entitled to summarily terminate the contract.

2.8 Whistle blowing policy Your attention is drawn to the Council’s whistle blowing policy which can be found on the Procurement website at:




ANNEX A

Part 1

GROUNDS MAINTENANCE SERVICES QUALITY STATEMENT

The Council’s vision is ”to make Bracknell Forest a place where all people can thrive; living, learning and working in a clean, safe and healthy environment”. The Council has a Medium Term Objective to “Protect and enhance our environment”. Landscape Services fulfils a key role in helping to secure these objectives.

The Specification defines the quality and standards of current service provision. The Service strives to not only meet those standards but to exceed them and add value whenever possible.

Our high standards of Service delivery are evidenced daily by our progress against the Programme. In addition, the following specific activities give evidence of a service that not only meets Council expectations but exceeds them.

Resident Surveys

A Borough wide survey undertaken in October 2012 resulted in 86% satisfaction in parks and open spaces which was the highest rated service provided by the Council. Residents were also asked the three best things about the Borough and the top two were the parks and open spaces, and access to nature.

Services to Schools - Customer Satisfaction Survey Results

This survey is conducted every three years in advance of the contract renewal process. The objective of the survey is to assess schools’ overall satisfaction with the services they have chosen to purchase from the Council, enabling us to monitor performance, address any issues or dissatisfaction and to acknowledge positive feedback. The results will inform and shape the services offered to schools from April 2013 onwards. The Service scored 4.2 (1 low, 5 high) which put them in the top percentile of the services tested.

KPI’s

Total Calls relating to public realm and environmental services (grounds maintenance and cleansing) are consistently low – 2,750 calls per annum. Complaints relating to grounds maintenance services have been less than 1% of calls over the last four years.

Productivity and quality monitoring

The Service carries out extensive weekly recorded quality monitoring inspections on both routine Programmed work and schools’ contracts. Productivity is measured according to slippage in the Programmes of Work as allocated to each team for their respective areas of responsibility. The data is then analysed to produce a productivity tracker for each route or area maintained in the Borough.




Audit

The Service performed very well in the 2013 audit and had made significant improvements to previous years.

Recorded Contract Performance Monitoring

97% of all Service inspections are of the required standard of work.

Awards such as Britain in Bloom

The Service has ensured that Bracknell has been the winner of large town/small city category in the Thames and Chiltern in Bloom Competition for the last ten years, achieving five gold awards and five silver gilt awards.

Green Flag Awards

Three of the Council’s parks which are maintained by the grounds maintenance service retained their green flag award in 2013. One has retained the green flag since 2001 and another for nine years.

Community Initiatives

The Service has participated in community initiatives such as the future jobs fund which gives people who have had difficulties getting back to work some experience in the workplace. We have also worked with the Prince’s Trust on a town centre project. The Service was proud to assist a local respite centre (Larchwood) in creating a sensory garden with wheelchair access and a soft play area.

Bio-diversity

Our commitment is to the preservation of areas of the Borough which have species rich flora and fauna by way of careful and sympathetic management and by recycling 100% of our green waste which includes composting, shredding on site and the creation of habitat piles.

Investing in People

We are also committed to investing in our workforce in the form of regular industry recognised training as well as in-house toolbox talks, together with keeping up with current legislation and industry developments.




ANNEX A

Part 2

Internal Service - General Description

The Grounds Maintenance Services team provides high profile, highly regarded frontline services for the Borough.

The Service undertakes a comprehensive Programme of grounds maintenance work across the Borough and in the majority of the local authority funded schools.

The Work includes the maintenance of a large number of horticultural features across the Borough including Council-owned grassed areas, shrub borders, hedges, floral displays, school grounds, sports pitches, parks, leisure sites, town and retail areas.

The responsibilities also include:

• maintenance of floral displays, • litter picking, • maintaining SUDS (sustainable urban drainage systems), • special events and community support, • emergencies (including snow clearance) and out of hours works.

The Programme also includes large areas of land owned by Bracknell Forest homes as well as internal clients such as parks, countryside and leisure sites libraries.

Specific Factors (refer to Specification)

• Grass cutting Most of the open space grass is cut not less than 15 times a year.

• Roadside nature reserves As part of the Bracknell Forest Biodiversity Action Plan a number of verges around the town centre are left uncut to allow rare wildflowers, such as orchids, to flourish and provide food for a variety of insects. These areas are cut once in late summer/autumn to prevent coarse grasses from taking over.

• Border maintenance Ornamental shrub borders are attended to on a monthly basis during the summer months removing litter and weeds. During the winter period whilst the shrubs are dormant any plants that require pruning are cut back and any exposed soil is dug over.

• Hedges We maintain over 63 thousand metres of hedge within the general open space. Most hedges are cut twice a year.




Quality and Performance

The quality statement at Part 1 defines what currently is achieved. The Service does not formally measure quality against all of these criteria in a systematic fashion.

Costs

The current costs of the team are summarised below.

Of this cost, the current annual cost for schools is. The current annual cost for all other services is the balance.

This includes:

• Basic Pay • Overtime • Mobile Phone costs • National Insurance • Superannuation – Local Government Pension Schemes – including a payment for a

Past Service Deficit • Recruitment Expenses and Training Costs • Gas, Water & Sewerage, Refuse Disposal • Vehicle Repairs, Petrol, Diesel and Gas Oil • Vehicle Lease payments • Mileage Allowance – Staff Claims • Equipment - Purchase • Materials • Staff Clothing & Uniform • Print Costs for Communications Material • Telephone Rental & Call Charges • Compensation Payments • Sub-Contracted Services

It does not include:

• Corporate and Departmental Overheads • Depreciation charges • Services not forming part of this tender • Cost of bedding plants and hanging baskets




3 ANNEX

4 Annex 1- Projected growth. ............................................................................................................

5 Annex 2 – Land Inventory ..............................................................................................................

6 Annex 3 – Lists and Maps of Parks and Countryside areas. ...........................................................

7 Annex 4 – Bracknell Forest Council Corporate Design Standards. .................................................

8 Annex 5 – Bracknell Forest Council Security Policies. ....................................................................

9 Annex 6 – Rural verge (sight and verge) inventory .........................................................................

10 Annex 7 – Location of Hanging baskets..........................................................................................

11 Annex 8 – Bracknell Town Centre, Town and Ward Maps and General Floral DisplayRequirements.

12 Annex 9 – Map of Roundabouts. ....................................................................................................

13 Annex 10 – Closed Burial Grounds Management Plans. ................................................................

14 Annex 11 – London Road Closed Landfill Site (Strong’s Heath) Landscape Management Plan................................................................................................................................................

15 Annex 12 – Bio-diversity Management plan....................................................................................

16 Annex 13 – Winter Service Plan, Contractor’s Obligations..............................................................

17 Annex 14 – Fly tipping – procedure/evidence form .........................................................................

18 Annex 15 – Parking on Council land/fixed notice. ...........................................................................

Annex 16– Landscape Quality Monitoring Form ...................................................................................

Annex 17– List of Strategic KPI’s .........................................................................................................




19 OVERVIEW OF REQUIREMENTS

C1 CONTEXT

C1.1 The Contractor shall provide a comprehensive Ground Maintenance Service to the benefit of the Borough. This includes the maintenance of grounds in schools and other educational establishments. In so doing the service provided will aid the Council’s key objective ‘Protecting and Enhancing the Environment’ by keeping Bracknell Forest ‘Clean and Green.’

C1.2 The standard of Ground Maintenance within Bracknell Forest plays an important part in maintaining the visual and economic well being of the area. The Contractor shall ensure that the highest standards of service delivery are provided. This is especially important along the primary highway network serving the Borough. The appearance of such routes has a key role in helping promote a positive image to business and visitors to the Borough. Presenting a positive image is seen as an important aspect in helping maintain the local economy.

C1.3 The Council will appoint an Authorised Officer for the purpose of management of this Contract. The Council reserves the right to change the Authorised Officer at any time. The Authorised Officer may delegate duties to others.

C1.4 The Contractor shall be expected to have visited all parts of the Borough and to have familiarised itself with the nature of the various areas of the Borough and the schools to which this Contract applies. In doing so it shall be deemed to have made an assessment of any problems likely to be encountered in accessing all land, e.g. due to parked cars or other obstructions such as gates and bollards etc. No payments will be made in respect of additional cost incurred by the Contractor in coping with any obstruction or access problems. Schools have their own specific access requirements (see Clause C24).

C1.5 Over the term of the Contract, the Council expects demand for the Services to change in line with the projected Growth as set out in Annex 1.

C1.6 The Contractor shall continually seek to enhance the performance of the Services within what continues to be challenging financial circumstances through the concept of continuous improvement. This necessitates positive interaction and in particular joint working with the Council and its other contractors.

C1.7 All work detailed in this Specification shall be deemed to be included in the fixed Contract Price for Programmed Work unless specific reference is made herein to Section C (Ancillary Services) of the Schedule of Prices.

C2 DESCRIPTION OF THE SERVICES And work

C2.1 The Contractor shall provide Ground Maintenance Services for all land in the Council’s ownership or under its management or as directed including educational establishments. The Contract includes the following key services;

• grass maintenance and the maintenance of grassed areas, • the maintenance of hedges, shrubs, trees, woodlands and other vegetation, • the supply, planting and maintenance of floral displays, • litter picking, • the collection and removal of green and other waste,




• specific ground and pitch maintenance Services in schools and parks • maintaining SUD’S (sustainable urban drainage systems), • special events and community support, • emergencies (including snow clearance) and out of hours working.

C2.2 All land subject to this Contract is included in the land inventory as set out in Annex 2.

C2.3 This Contract covers all Council managed land in the Borough, and includes for Services on parks, countryside, leisure sites, libraries, local educational establishments and other Council owned and/or run premises.

C2.4 Services for each client shall be detailed on the invoice statement to enable accurate internal re-charging.

C2.5 It should be noted that some sites, particularly some parks and countryside areas, may be harder to gain access onto than others (Annex 3).

C3 CONTRACTOR STAFF AND RESOURCING

C3.1 The Contractor shall appoint a local Contract Manager. Unless otherwise agreed by the Authorised Officer the nominated manager must work exclusively for this Contract and be based with the crews and vehicles.

C3.2 The Contractor shall ensure that properly qualified and experienced staff are recruited, trained and managed to fully meet the requirements of the Contract.

19.1 Uniforms and means of identification

C3.3 All Contractor’s employees and any others employed by the Contractor in the delivery of the Service related to this Contract must wear uniform. It shall carry ‘badging’ that recognises the relationship with the Council e.g. “Contractor’s name - working on behalf of Bracknell Forest Council”. The Council’s Design Standards are shown in Annex 4. Company logos will not be permitted unless the Council is satisfied that they do not dominate the overall appearance of the uniform or lead to confusion as to the Council’s role in the provision of the service. All Contractor’s employees shall wear the approved uniform at all times whilst working in public in association with the delivery of Services related to this Contract.

C3.4 All employees shall be issued with an approved form of ID that must be carried and used at all times.

C3.5 Details of uniform and ID will be subject to agreement with the Council prior to the commencement of this Contract.

C4 CONTRACT MANAGEMENT

C4.1 In addition to the local Contract Manager the Contractor shall provide a point of contact of a senior manager (at least at regional level) with authority to act in matters pursuant to this Contract. Any changes to such personnel by either party shall be notified to the other party as soon as is reasonably practicable.

C4.2 The Council would be happy to provide and may also invite two way feed back on managers’ performance as part of any formal appraisal scheme.




19.1.1 The Board

C4.3 The Council will establish a Strategic Partnership Contract Management Board (The Board) in order to ensure the overall delivery of the Services. The Board will meet quarterly. The arrangement including the frequency of these meetings shall be reviewed at the second AGM of the Board. It can be varied at any time thereafter at the discretion of the Council.

C4.4 Membership of the Board shall include senior officers of the Council who will unless otherwise agreed be responsible for arranging and Chairing the meeting. The Authorised Officer will report to the Board and will be required to provide a quarterly report as to the performance of the Contract. The Contractor shall be represented by senior managers (see Clause C4.1) who shall also give a quarterly report as to the performance of the Contract. The Contract Manager and others will be invited as appropriate. Members of the Board shall act in a spirit of mutual trust and co-operation.

C4.5 Unless otherwise agreed the Board will have its AGM during the Council's second quarter in its fiscal year (1 April - 31 March). The AGM will receive a presentation of the Contractor’s Annual Report. The report shall give a general review of the operational, environmental and equalities performance of the Contract over the previous year. The reports shall be used to inform the Annual and Mid Term coproduced plans. The report will also report achievement against Strategic KPI’s and include the Contractor’s proposals for service development. The final format of this report will be a matter for the Board.

C4.6 The functions of the Board includes but is not limited to:

• taking a strategic view of the impact of relevant issues affecting the two parties

• setting priorities for the year, developing and promoting the Annual Plan; • monitoring and reviewing the Service Risk and Opportunity Register; • proposing changes to the Service Information and, on occasion, to the

Contract where this is in the interests of deriving value for money; • driving effective performance management throughout the range of

services; • stimulating continuous improvement in service planning and delivery; • championing effective working relationships between the two parties and

with other stakeholders; • reviewing operational delivery and drive a “no compromise” culture to

health and safety throughout the organisation alongside promoting sustainability;

• identifying, recruiting, developing and retaining competent resources to meet the evolving needs of the service;

• monitoring achievement against defined programmes, Strategic KPI’s and milestones, and ensure timely action is undertaken to remedy improvement areas;

• reviewing Annual and Medium Term Plans.

C4.7 The Terms of Reference of the Board are to: • ratify and monitor the Annual and Medium Term Plans;


19.2



• instigate and review annual revisions to the Annual and Medium Term Plans;

• approve strategic variations and changes to the Services; • ensure the delivery of quality services; • promote the Services and develop its overall profile.

C4.8 The Contractor shall facilitate at least annually, a joint workshop to create and realise value for money improvements, service enhancements and efficiencies. Other key agencies and service providers will be invited to this workshop as appropriate.

C4.9 Proposals for Service enhancements and efficiencies will be a standard item for consideration at the Board. The Contractor shall be expected to propose potential added value/savings or revenue generating initiatives to the Board as part of the Annual Report to the Board if not before. The Council shall consider any such proposal on its merits, and will not unreasonably withhold permission, nor be bound to accept any such proposals. The Board shall make recommendations to the Council as to future operational objectives and service improvements for the Contract.

C4.10 The Contractor’s contribution towards continuous improvement will be a factor taken into account at Contract renewal and needs to be noted formally throughout the period of the Contract and reported to the Board.

Operational Partnership Group Meetings (the Group)

C4.11 The quarterly Board meetings will be complemented by monthly Operational Partnership Group (the Group) meetings between the Authorised Officer and the Contractor’s Contract Manager. The role of the Group can be reviewed by the Board at any time but its function is to ensure effective day to day delivery of the Contract and to receive and review monthly performance reports.

C4.12 The Contractor shall be responsible for arranging the meetings and the production of agendas and notes of the meetings. Key issues are to be reported to the Board whether resolved or otherwise.

C4.13 The functions of the Group include but are not limited to:

• developing the partnership relationship; • the implementation of a continuous improvement programme; • monitoring of performance; • ensuring delivery of allocated schemes.

C4.14 The terms of reference of the Group are to seek to ensure the efficient and effective discharge of this Contract by:

• providing the management and control of the services delivered; • developing, monitoring and reviewing the Annual and Mid Term Plans; • monitoring KPI’s; • ensuring collaboration and service delivery; • ensuring that contract variations and changes are managed in accordance

with the Contract; • promoting the development and improvement of the Services;




• implementing and monitoring a risk management regime throughout the Services;

• reviewing, approving and monitoring “Continuous Improvement” initiatives • escalating issues as appropriate; • promoting the Services to the Council, Public and other Bodies.

C4.15 The Board has authority to vary the terms of reference of the Operational Partnership Group at any time.

C5 RESTRICTED ACCESS SITES

C5.1 The Contractor shall make its own arrangements for access as may be required to the land. The Contractor must only access the land by the permitted routes and shall be responsible for ensuring that gates etc. are left properly secured each time after their use. The Contractor shall be responsible for any necessary remedial Services arising from such use no matter how caused.

C5.2 The Contractor shall be responsible for any keys as may be provided to enable such access and shall return them at the end of the Contract. The Contractor shall be liable for the full cost of replacing any lost keys.

C5.3 The Contractor shall be liable for any costs incurred by the Council in the event of the Contractor failing to re secure locked gates etc.

C6 CURRENT OPERATING SITE AND ACCOMODATION

C6.1 The Service currently operates from the This is a shared facility with other service contractors and Council employees. It is possible that the current Depot will be redeveloped and a new site constructed within the Borough. Any new site shall provide for all operational contractor activities and their associated employees at the time of the relocation under the same terms and conditions as at the time of this Contract. The Council will not pay the Contractor’s relocation or additional mileage costs that may arise from such a move.

C6.2 The site layout map of the current Depot is shown in Section B Attachment B1 which includes the accommodation, storage and land used by Council employees based at the site and the space available for use by Contractors. The site includes a vehicle washing facility. The Council is not able to guarantee availability or reliability of this equipment, therefore the Contractor shall make provision for vehicle wash downs in the event of failure or should they not wish to use the facility. The cost of using these Depot washing facilities is not included in any service charges. The Council does not commit to keep this facility. There is also a water stand pipe see section C35.1

C6.3

C6.4 C6.5 The site is covered by a CCTV system which records activity 24 hours a day. The Contractor shall comply with the Council’s requirements in respect of site security.

C6.6 The Contractor shall co-operate with the Council in all matters to do with operational safety relative to the use of the site.

C6.7 There is no service charge for the site, office accommodation or utility costs provided by the Council for the purposes of this Contract.




C6.8 There are interceptors in the wash down area and for the vehicle wash. These are emptied as required by the Council. The Contractor shall comply with any request of the Council where it relates to matters likely to impact on the discharge and disposal of hazardous materials removed.

C6.9 A drainage plan is available and is held by the Council. The Council has a Trade Effluent Consent from Thames Water. The Contractor shall comply with any request of the Council where it relates to matters likely to impact on the conditions of that Consent.

C7 INVENTORY AND INVENTORY MANAGEMENT

C7.1 All Programmed Services including that for schools and other educational establishments is set out in the inventory (Annex 2).

C7.2 The inventory will be maintained by the Council and updated as required with newly adopted land, changes to land ownership or management responsibilities. This may result in additions and/or reductions to the Programme. Details of changes shall be provided to the Contractor electronically and in GIS format. As land is added to the inventory the Contractor shall assume responsibility for maintaining that land.

C7.3 The Contractor shall work with the Authorised Officer to ensure that the inventory is accurate and up to date.

C7.4 For the purposes of this Contract the Inventory shall be re-run quarterly and the Programme of Work and fixed price payment for the Programme shall be updated accordingly. Any newly adopted land will be measured as part of an ongoing process throughout the year and the fixed price payment adjusted according to the Schedule of Rates by the Authorised Officer.

C8 ADMINISTRATION, IT AND CUSTOMER CARE

C8.1 The Contractor will be acting as a key interface of the Council and so must ensure that all matters pertinent to the delivery of this Contract are dealt with professionally. The Contractor shall ensure that in all matters relating to its contact with the public it is clear that the Contractor is working for the Council.

C8.2 The Council seeks to ensure that the public are treated promptly and effectively and every effort is made to meet their needs taking account of their personal circumstances. Unless otherwise stated response times to enquiries for urgent matters i.e. likely to be a risk to public health or safety shall be no less than 2 working days and most other landscaping issues are also to be responded to within 5 working days. The Contractor shall adopt the Council’s standards and principles and promote them through staff training. The Contractor shall ensure that in the delivery of the Services due account is taken of the needs of different groups of individuals who may use the Services, so that all groups are included for example, the elderly, persons with disabilities, and customers where English is not the first language shall adopt the standards in the Council’s Customer Charter. These are as follows:

• Always to put the customer first and treat them fairly and as an individual • Adopt a friendly and approachable style • Be open, straightforward and listen to the customer




• Provide well trained staff who will deal with any enquiry in an efficient and sensitive manner

• Deal with any enquiry at the first point of contact where possible • Take ownership of your enquiry • Ensure that the customer is advised of all relevant timescales • Treat the personal information received from you in the strictest confidence • Conduct surveys to obtain your feedback • Take notice of, act on and learn from your feedback • Continually aim to improve our service and performance.

C8.3 The Council expects that the majority of calls in respect of Service related issues (other than from schools) will come through the Council’s Customer Services Centre. They will respond to the initial calls according to pre-agreed scripts and when appropriate pass such enquiries or Services requests directly onto the Contractor. Liaison between the Contractor and the Customer Services Centre is essential in order to ensure that prompt and accurate information is available to both. The Contractor shall assist the Authorised Officer in providing, regular briefings to Customer Service staff to keep them apprised of any developments that might impact upon Service delivery. (The average number of service requests related to the Ground Maintenance services received by the Council over the last 4 years was approximately 475 per annum.)

C8.4 The nature of the relationship with Schools/Educational Establishments is such that the Contractor may receive calls or e-mails direct from the site representative/Bursar or Head Teacher. Operatives when working at a school may also pick up concerns and issues direct from the site representative. The Contractor must keep a record of all issues raised and shall appraise the Authorised Officer of such issues, how they were resolved and what’s outstanding at the monthly operational meetings.

C8.5

C8.6 Details of any action taken following contact with a resident or other customer must be logged on the original service request record in SBS Confirm as received on the Council’s IT system. The Contractor shall keep the IT system updated daily/as required. The Council will provide for the reasonable training needs on the use of the SBS Confirm system.

C8.7 Complaints about standards of Service provision, how they are resolved and what’s outstanding must be reported at the monthly operational meetings.

C8.8 The Council wants to empower the Contractor as much as possible. The Contractor shall work with the Council to introduce, maintain and review systems to enable the direct transfer of Service requests to the Contractor with the minimum of client intervention due to high levels of confidence in Contractor performance.

C8.9 The Contractor shall undertake administration that includes, but is not limited to, the following:

(a) Any administration relating to a Service request from the public no matter how received,

(b) Production of statistical data and returns, (c) Details of additional Services undertaken,




(d) Monthly Statement and any back-up information for invoicing as described in Section B10.

C8.10 The Contractor shall access the Council’s systems using IT equipment and network connections provided by the Council and the Contractor shall adhere to the Council's security policies (Annex 5).

C8.11 The Council shall provide for three basic telephones. The Contractor shall be responsible for its own non contract related organisational or private call costs. Calls to the public relating to the delivery of this Contract shall be paid for by the Council. The Council reserves the right to monitor for the abuse of the telephone provision and charge for non contract related calls.

C9 Disclosure and BaRring service (DBS) REQUIREMENTS

C9.1 All staff working on school premises and premises serving vulnerable adults shall be required to be DBS checked prior to their deployment on such sites. If at any time their status changes they shall not be permitted to work on such sites unless there are approved arrangements in place.

C10 DESIGN SERVICES

C10.1 The Contractor shall be able to submit designs on request for landscaping schemes for consideration by the Council.

C10.2 These services are required in order to assist the Council maintain and develop the land to which the Contract applies. This may include the design of schemes to protect and improve land which may be funded from the Council’s annual capital programme or by sponsorship funding. The Contractor is required to identify land that could be the subject of an improvement scheme and to design the scheme for approval by the Authorised officer.

C11 KEY PERFORMANCE INDICATORS (KPI’s)

C11.1 Other than the Strategic KPI’s (Annex 17), performance reports and KPI’s for both Board and Operational needs shall be agreed in advance of the Commencement of this Contract so as to ensure that key statistics are collected that reflect each other’s needs and avoids duplication. Thereafter, they shall be reviewed by the Board.

C11.2 The Authorised Officer and the Contractor shall monitor and report to the Board quarterly performance against KPI’s (including performance against Contractor budget throughout the Contract Term). The Operational indicators shall not be changed without the agreement of The Board.

C11.3 The Contractor shall provide performance reports to the Board and the Operational Partnership Group meetings as may be required, along with such other reports that best enable both parties to have confidence in the delivery of the Contract and to evidence continuous improvement and best value.

C11.4 The Contractor shall be required to provide all relevant management information to the Council at frequencies to be specified by the Council according to the agreed reporting level e.g. Board or Group meetings.




C12 CONTRACT MONITORING

C12.1 The Contractor shall ensure that arrangements are in place to ensure that it can be contacted at all times.

C12.2 The Authorised Officer has the right to inspect all of the Services executed by the Contractor at any time.

C12.3 Joint inspections shall be undertaken by the Authorised Officer and Contractor to assess performance and quality of work completed in each area. This will be approximately 12 inspections or no more than 2 hours per week in areas selected by the Authorised Officer using the Quality Monitoring Form as per Annex 16.

C12.4 The Authorised Officer may require the Contractor to undertake joint inspections of areas of land which are part of this Contract where there has been a complaint. Thereafter the Contractor shall advise the Authorised Officer of the subsequent action taken if the complaint is deemed by the Authorised Officer to be justified.

C12.5 The Contractor shall carry out his own routine performance monitoring of the Contract and provide evidence of this activity to the monthly Operational Partnership Group meetings.

C12.6 The Authorised Officer will inform the Contractor of any Services requiring rectification and will specify the time for completion following receipt of instruction. The Contractor shall rectify any of the Service failures within the prescribed time scales. The Authorised Officer will specify timeframes that are considered reasonable according to the circumstances.

C12.7 From time to time health and safety audits will be carried out by the Authorised Officer.

C13 VEHICLES, PLANT AND EQUIPMENT

C13.1 The Contractor shall at all times provide, replace and maintain in good repair and condition all vehicles plant and equipment necessary for the performance of the Services associated with this Contract. Unless otherwise agreed all vehicles used in the exclusive performance of this Contract shall meet not less than Euro 5 emissions standards and in the case of cars and vans have CO2 emissions below 120g/km.

C13.2 All vehicles shall remain fit for their intended purpose to the satisfaction of the Authorised Officer.

C13.3 The Council takes great pride in the image portrayed by its contractors. The paintwork of all vehicles must be maintained to a high standard. The Council’s logo shall be displayed at the Contractor’s expense on any vehicles or plant used for fulfilling the obligations of the Contract. The Council’s current Design Standards are shown in Annex 4. Company logos will not be permitted unless the Council can be satisfied that they do not dominate the overall appearance of the vehicle or lead to confusion as to the Council’s role in the provision of the survey. No advertising or other logos shall be permitted on vehicles, plant or equipment without the prior approval of the Authorised Officer.

C13.4 Unless otherwise agreed the Contractor must promote the Council’s Customer Services helpline details on all vehicles used in connection with the Services.




C13.5 In the event of a breakdown, planned maintenance or an emergency that gives rise to the need to use another vehicle where the requirements of this Clause cannot be met then the Contractor shall advise the Authorised Officer as soon as is practicably possible. The Authorised Officer will need to be satisfied that every endeavour has been made to find the most suitable vehicle ensuring that its condition, livery and logos do not compromise the overall objective of the Council to provide have a quality service.

C13.6 Vehicles may be used in connection with other Contracts provided the Council’s logos are removed/covered.

C13.7 So far as is reasonably practicable all vehicles shall be capable of working without causing spillage or nuisance. In the event of any type of leakage or spillage the Contractor shall take immediate action to effect proper containment and clear up. The Contractor shall notify the Authorised Officer as soon as practically possible of any spillage likely to give rise to damage to the environment including the highway surface or pollution of road gullies, ditches, rivers, Sustainable Drainage Systems (SUDS) and any land subject to protection, e.g. Sites of Special Scientific Interest (SSSI).

C13.8 Vehicle routing and tracking systems are currently used in other Council contracts and this is encouraged by the Council to optimise efficiencies.

C14 PROGRAMME OF WORKS (THE PROGRAMME)

C14.1 The Contractor shall deliver the Services according to an agreed Programme of Work. The Programme shall clearly indicate how the work as set in the inventory (Annexe 2) shall be undertaken in compliance with the provisions of this Contract as part of a regular annual cycle. The method of work shall also include for pre and post inspection records.

C14.2 The Programme shall contain such information as commencement dates and routes of grass cutting cycles etc. The Authorised Officer will provide all available information to assist the Contractor in the formulation of this Programme. Once agreed, any significant deviation from the delivery of the Programme shall be reported to the Authorised Officer. For the purposes of this Clause any variation of 7 days or more against the scheduled Programme of Work is also to be reported. Such reports are to be monitored as a strategic KPI.

C14.3 In considering the Programme the Authorised Officer will have regard to times of operations etc and may, if considered unreasonable, direct that they be amended. In preparing the Programme for approval the Contractor will be expected to deploy his resources in order to minimise nuisance and disruption to the general public and retail sectors.

C14.4 All other work shall be considered as Non-Programmed work.

C14.5 All Programmed work shall be the Contractor’s first priority. Non-Programmed work shall still be undertaken but not in such a way as to compromise this obligation without the authority of the Authorised Officer.




C15 GRASS MAINTENANCE

C15.1 Unless otherwise agreed at the commencement of the mowing season, the existing grass length should not be reduced by more than half its height in line with good landscape management practice.

C15.2 Unless otherwise indicated all grass shall be cut at 14-day intervals during the mowing season. Unless the Contractor has been otherwise advised the main mowing season shall run from mid March until end of September. Each grass cutting cycle must be completed before the Programme is deemed complete.

C15.3 If after any cutting, it is evident that “bents” and “stalks” are significantly detracting from the appearance of the grass, an alternative method of cutting e.g. changing from a cylinder to a rotary type cutting machine shall be substituted by the Contractor at no extra charge to achieve a good uniform standard.

C15.4 The Contractor shall be required to maintain all grass as per the relevant inventories (Annex 2). NB: see Clause 24 for school requirements.

C15.5 In order to minimise the risk to passers by and to help keep the Borough clean, the Contractor shall collect Litter and Fly Tips (as per Clause C31.8) and any other significant waste from land subject to maintenance as per this Contract prior to cutting the grass. The Council’s Street Cleansing Contractor has the responsibility for Litter picking at other times. By joint working, the Council expects the Contractor to draw out efficiencies to the benefit of the Council.

C15.6 The Contractor shall ensure that all grass cuttings are removed from the machines before proceeding onto the Highway.

C15.7 After each cut, any cuttings laying on hard surfaces are to be swept or blown from any hard standing back onto the grassed area.

19.3 Strimming

C15.8 The grass around permanent obstructions on all other grass cutting regimes shall be strimmed after each cut and to a height to match that of the area that has been cut to ensure continuity where required. During strimming and all grass cutting operations, adequate precautions must be taken to protect all trees from damage and ring barking as well as the protection of passing vehicles and members of the public.

C15.9 All grass cutting equipment shall be maintained in a condition that avoids ‘ribbing’, and to ensure an even, uniform finish to the grass. Should any damage to the mown surface occur as a result of the Contractor's actions, it shall repair and maintain the damaged area to match the surrounding area at no cost to the Council.

C15.10 If ground conditions are such that the Service cannot be delivered without undue damage to the grass or the ground, the Contractor shall use his discretion and not conduct the planned Service until the needs have been agreed with the Authorised Officer. The Authorised Officer may suspend or delete the cutting of the area(s) from the Programme for that cycle. Where as a result of any such suspension, the grass at the time of the next cut is of such length and/or so thick as to require raking then payment for this particular cut shall be at the appropriate rate in Section C (Ancillary Services) of the Schedule of Prices.




19.4 Grassed Areas with Bulbs

C15.11 A significant number of grassed areas are planted with naturalised flower bulbs. The Contractor shall manage the plants in such a manner so as to contain them within the main areas of planting. Where bulbs are to be retained the grass shall remain uncut until flowering has ceased and sufficient time has elapsed for the foliage to die back.

C15.12 All areas of bulb grass that are sited within an area of grass mown at a 14 day frequency shall be cut to the appropriate standard, raked and the cuttings removed for disposal if not properly mulched when the cutting operation takes place.

C15.13 Areas of bulbs in verges shall be cut after flowering at the same time as the rural verges and cuttings left. The cutting of these areas shall be considered part of the rural verge.

19.5 Reinstatement of grassed areas

C15.14 Where required, the Contractor shall reinstate grassed areas using suitable materials to enable its safe and appropriate future maintenance having due regard to the nature of its use and the existing requirements for the adjoining land. The Contractor shall submit a quote for such Services based on the rates in Section C (Ancillary Services) of the Schedule of Prices. The Contractor shall be liable for the ongoing maintenance and shall remedy any failings at no additional cost to the Council.

19.6 Maintenance Standards - 7 Day Cut and Collect Grass Cutting Cycle

C15.15 Areas of grass of a more ornamental nature as detailed in the inventory shall be cut with an appropriate machine at intervals of seven days during the growing season, with all cuttings being collected. During an average season it is anticipated that approximately 27 cuts will be required. The areas of such grass will be kept under review and may be changed at the discretion of the Authorised Officer.

C15.16 Grass shall be cut to an averaged finished height of between 15mm and 25mm after cutting.

C15.17 Grass within 100 mm of permanent obstructions shall be cut every cycle. Cutting (strimming) shall take place no later than 24 hours after the cut. Use of chemicals to control grass around such obstructions is not permitted.

19.7 14 Day Grass Cutting Cycle

C15.18 Grass shall be cut using appropriate machinery at 14-day intervals and shall be cut to an averaged finished height of between 25mm and 50mm after cutting. During an average season it is anticipated that 15 cuts will be required.

C15.19 Grass within 100 mm of permanent obstructions shall be cut every second cycle within 24 hours of the main cut. Use of chemicals rather than strimming to control grass around such obstructions is not permitted in urban areas however, it may be used in some instances on less urban environments such as dual carriageways etc. as agreed with the Authorised Officer.

C15.20 Further cutting on limited areas for safety reasons may be ordered by the Authorised Officer as and when necessary throughout the cutting season. Any


19.8



additional Services items will be subjected to a quotation based on the rates in Section C (Ancillary Services) of the Schedule of Prices

C15.21 The Contractor shall maintain the current depth/width of cut of all verges including the rural verges sight lines. This shall include cutting the grass and any other vegetation that falls to the Council to maintain as necessary, e.g. to keep street signs clear.

C15.22 The Contractor shall sweep or blow the cuttings from the carriageway, footway and any driveways etc back onto the cut highway verge. Periodically the Contractor may find that some grass verges are damaged such that they cannot reasonably be cut. The Contractor must bring such damaged verges to the attention of the Authorised Officer. The Authorised Officer will agree any necessary remedial Services which will be agreed according to a quotation priced in accordance with the rates in Section C (Ancillary Services) of the Schedule of Prices.

28 Day Grass Cutting cycle

C15.23 The grass shall be cut using appropriate machinery to an averaged finished height of no more than 50mm after cutting. During an average season it is anticipated that 7 cuts will be required.

C15.24 Unless otherwise agreed by the Authorised Officer cuttings shall be mulched and left on the areas cut. However, if that would lead to an unacceptable appearance or adversely affect the condition of the grass, the area shall be raked and the cuttings taken for disposal.

C15.25 Grass within 100 mm of permanent obstructions shall be cut every cycle within 24 hours of the main cut. Use of chemicals rather than strimming to control grass around such obstructions is not permitted in urban areas. Where agreed with the Authorised Officer it may be used in some instances on less urban environments such as dual carriageways etc. as agreed with the Authorised Officer.

C15.26 The Contractor shall maintain the current depth/width of cut of all verges. This shall include cutting the grass and any vegetation as necessary.

19.9 Roundabouts

C15.27 The Council seeks sponsorship for many of its roundabouts via an independent company. Annex 9 includes a map of all roundabouts and a list of currently sponsored roundabouts. Where sponsorship is secured that includes landscape enhancements a specification will be agreed that shall be priced according to the Schedule of Prices and thereafter maintained accordingly and the Fixed Price Sum adjusted as part of the annual review (see Clause C7). All other roundabouts shall be maintained as 14 day grass. Should sponsorship cease the Contractor shall reinstate the roundabout to a minimum maintenance specification as directed by the Authorised Officer. Payment for the reinstatement will be based upon a quotation based on the Section C (Ancillary Services) of the Schedule of Prices.

19.10 Rural Verges (Sight and Verge)

C15.28 The grass/vegetation on rural road verges is cut for the following purposes:

• To maintain visibility and enhance road safety • To inhibit growth of injurious weeds.




• In appropriate circumstances to prevent damage to, and encroachment on the carriageway and footway.

• To allow pedestrians to use verges where there is no footway. • To maintain a generally neat and tidy appearance. • To protect and promote the local biodiversity.

C15.29 The main cutting season shall normally take place between April and September inclusive and within each season. The Contractor shall effect two complete cycles of rural verge of all rural designated roads as per the inventory. The rural verge (sight and verge) along all principal roads near or leading to Ascot Racecourse shall be cut not more than two weeks prior to Royal Ascot Week.

C15.30 When cutting the rural verge the extent of cut shall extend back typically to the edge of the highway land but not always. This normally requires a cut of not less than 1 metre from the edge of the carriageway or any adjacent footway, or to the highway boundary where this is closer than 1 metre.

C15.31 Rural verges (sight and verge) (Annex 6) shall be cut so that the grass does not exceed an average height of 50mm upon completion.

C15.32 The Contractor shall be expected to carry out vegetation management to the rural verge (sight and verge) on a third of the Highway network to be advised by the Councils Highways section usually in September on a three year rolling cycle. The objective is to cut back all vegetation that falls to the Council to maintain to enable the ongoing maintenance of the full verge width to ensure the effectiveness of lighting and signage and to facilitate the Services of other contractors who have the need to undertake Services such as Litter picking, drain clearance, Highway maintenance etc. The Contractor shall work with the Authorised Officer, the Council’s Highway’s section and other Council Contractors to agree a plan for these Services detailing the nature of the proposed Work. The Contractor shall be expected to include for a full width cut of the grass verge extending back from the edge of the carriageway to the appropriate hedge, wall or fence line; facing up hedges and cutting back other vegetation Services in a ditch shall extend to not less than the mid point of the adjoining highway ditch and all cut vegetation shall be removed so as to avoid the risk of flooding. For the avoidance of doubt ditch digging would be undertaken by others if required. Where the Services are likely to affect vegetation growing from private property the Contractor shall notify the associated landowner in advance of the intention to undertake Services. The method of notification shall be agreed with the Authorised Officer.

C15.33 Strimming shall take place within 24 hours of the main cut. Use of chemicals rather than strimming to control grass around such obstructions is not permitted in urban areas however, it may be used in some instances on less urban environments such as dual carriageways etc. as agreed with the Authorised Officer.

19.11 Ragwort, Japanese knotweed and other noxious and injurious etc weeds

C15.34 The Contractor shall manage and treat all such plants as defined by the Weeds Act 1959 as part of the Programme of Services and according to industry standards.




19.12 Wild Flower Areas (Biodiversity areas)

C15.35 Wild flower areas as identified in the Biodiversity Plan Inventory (Annex 12) shall be treated in accordance with the frequency stated.

C15.36 The grass shall be cut using appropriate machinery to an averaged finished height of 80 -100mm after cutting. During an average season it is anticipated that 1 cut will be required in late summer or as directed by the Authorised Officer. The Contractor shall collect the cut grass two weeks after cutting for disposal. In certain circumstances, the Authorised Officer may direct that an area be left fallow for a twelve-month period and no cutting shall take place other than a 1 metre wide strip either side of any footpath. These areas may be changed from time to time by the Authorised officer.

C15.37 Occasionally, colonies of wildflowers may self-generate in areas that are subject to regular cutting. Where identified these shall be notified to the Authorised Officer who may suspend the mowing of these areas in order to allow the plants to flower and seed. Thereafter it shall be maintained as a wild flower area as above and the Biodiversity Plan inventory adjusted accordingly.

19.13 Embankments

C15.38 Embankments shall be cut as specified in the inventory using suitable equipment capable of cutting and mulching the cuttings to a length that can be left lying on the embankment. The first cut shall normally take place during April excluding any embankments designated as a biodiversity area. The last cut shall take place during the last two weeks in September.

C16 SEASONAL LEAF FALL

C16.1 The Contractor shall make arrangements to deal with the autumn leaf fall. Autumn leaf collection shall commence in October and shall be completed by the end of January. The Contractor shall ensure that the leaves are collected without Litter contamination and disposed of accordingly (see Clause C31.7).

C16.2 In order to maximise the use of resources engaged in the leaf clearing operation the Contractor shall liaise with the Street Cleansing Contractor and work to a joint plan as agreed by the Authorised officer to ensure consistency in leaf clearance in all areas covered in both contracts.

C16.3 In exceptional circumstances some areas may require additional clearance if leaves have collected in such a manner as is likely to cause unreasonable damage to grass or cause a significant safety risk to members of the public. The Contractor shall bring these areas to the attention of the Authorised Officer who will confirm which areas are to be cleared. The Contractor shall be paid according to the rates in Section C (Ancillary Services) of the Schedule of Prices for such additional works

C17 PLANTING – Shrubs, etc

C17.1 The Contractor shall be responsible for the maintenance (including pruning, weed control, watering etc) of all hedges, shrubs etc planted by the Contractor for a period of 24 months after planting. Should there be any plant failures during this period such plants shall be replaced by the Contractor at its own expense.




C18 MAINTENANCE OF HEDGES and Shrubs

C18.1 The Contractors shall cut hedges and shrubs in accordance with the frequency described in the inventory and at timings having regard to the nesting season.

C18.2 All clippings and Litter shall be removed as part of the maintenance, sorted and disposed of in an appropriate manner.

C18.3 The Contractor may trim hedges mechanically however, the method chosen must be appropriate to the nature of the plant and location. The Contractor shall ensure that the timing of the cut ensure that the continuity of the hedge line is consistent.

C18.4 The Contractor may be called upon to carry out Services in default on private property where shrubs and hedges are overhanging a footpath for example. The Contractor shall effect the necessary Services and be paid according to a quotation based on the rates in Section C (Ancillary Services) of the Schedule of Prices.

C18.5 Where shrubs etc are being cut back to such an extent so as likely to affect a resident’s privacy, the Contractor shall give not less than 48 hours prior notice to that resident of the intention to do work

C19 GENERAL PLANTING

19.14 Shrub Borders

C19.1 All borders as detailed in the inventory shall be maintained to the specified frequency and as appropriate to ensure the removal of all significant weed and unwanted plant growth and Litter. In the winter period, all borders shall be forked to fully loosen the soil. The Contractor may apply residual or pre-emergent herbicides or mulching to help the control of weed growth.

C19.2 Grass edges to all borders shall be maintained as necessary to keep in a neat and tidy condition at each border visit.

C19.3 Pruning of shrubs in borders shall be carried out at a time of year appropriate to the species and in a manner that maintains a shape typical of that species.

C19.4 If required the Contractor shall apply fertiliser or compost to assist established shrubs and flower beds. The Contractor shall be paid according to a quotation based on the rates in Section C (Ancillary Services) of the Schedule of Prices.

19.15 Provision of Bedding Plants

C19.5 Every three years, the Contractor shall seek not less than three competitive quotes for the supply of all summer and winter bedding plants. The specification and process shall be agreed in advance with the Authorised Officer.

C19.6 A polytunnel is available to the Contractor as a plant holding/storage area at the Commercial Centre (depot).

19.16 Seasonal Flower Beds

C19.7 In autumn and spring, the Contractor shall remove all weeds, plants and bulbs and replant flower beds and planters with seasonal bedding as per the replanting scheme approved by the Authorised Officer. The location and quantities required for seasonal planted beds and borders are shown in Annex 8.




C19.8 The Contractor shall be responsible for the ongoing maintenance of all bedding including the weeding and removal of Litter. The Contractor shall replace any dead, failing or missing plants with suitable replacements at the Contractors cost. Where the Contractor notes excessive vandalism or failure due to circumstances beyond the reasonable control of the Contractor that cannot be made good then the Contractor shall notify the Authorised Officer.

C19.9 The cost of all maintenance including irrigation, weeding, Litter picking etc shall be included within the Contractor's rates.

19.17 Hardy Perennial Borders

C19.10 During autumn, the Contractor shall undertake a Programme of general maintenance with a view to ensuring the continued regeneration of the border plants through regular pruning. The Contractor shall leave the borders tidy and free from weeds and litter.

C19.11 Where the Contractor finds that the perennial plants are either dead or dying and unlikely to recover, to the significant detriment of the visual appearance or where at risk due to disease the Contractor shall notify the Authorised Officer. Where new planting is required the Contractor shall provide a quotation for plants plus materials to be agreed by the Authorised Officer.

C19.12 The Contractor shall be responsible for all routine maintenance, as part of the Programme of Services as set out in the inventory including the weeding and removal of Litter.

C19.13 The cost of all maintenance including watering, weeding, Litter picking etc shall be included within the Contract Price

19.18 Hanging Baskets

C19.14 The Contractor shall ensure the provision, installation and maintenance of suitable hanging baskets in locations as directed by the Authorised Officer. The current locations are shown in Annex 7. The Council keeps the locations and total provision under review. The list may change from time to time particularly following the redevelopment of the Town Centre and this list will be agreed annually in advance to enable the Contractor to re-procure.

C19.15 Every three years, the Contractor shall seek not less than three competitive quotes for the supply of hanging baskets supplied direct to post unless it can be evidenced that there is a cheaper alternative. The specification and process shall be agreed in advance with the Authorised Officer.

C19.16 The Contractor shall ensure the visual inspection of all brackets and posts prior to use, keeping records of such inspections, and shall notify the Authorised Officer if at any time they appear no longer serviceable.

C19.17 Hanging Baskets shall be fed and watered on sufficient occasions to support healthy and thriving growth, taking due account of the weather conditions.

C19.18 The cost of feeding and watering shall be included within the Contractor's rates as quoted in Section C (Ancillary Services) of the Schedule of Prices.

19.19 Bulb Planting

C19.19 From time to time the Contractor may be required to plant bulbs or assist community groups in the planting of bulbs. Where the Council requires bulbs to be




planted the Contractor shall provide a quotation in accordance with the rates in Section C (Ancillary Services) of the Schedule of Prices. Where a community group requests assistance with planting the Contractor shall work with the group as best as it can but without cost to the Council.

19.20 Free Standing Planters

C19.20 There are a number of brick, wooden and concrete planters at various sites as set out in the inventory. These are mainly in or near retail areas and therefore may be subject to higher levels of misuse e.g. as informal seats, littering etc. The Contractor shall maintain the planters as per the inventory and also inspect planters at frequencies to ensure they are maintained to the required standards including watering as may be necessary (NB: the Street Cleansing Contractor is required to remove and Clean all planters in retail areas as part of their daily cleansing routine).

C19.21 Some of these planters contain shrubs, annual bedding and other plants. The Council keeps the locations and provision of such planters under review and the list and plant type may change from time to time. Where the Contractor finds that shrubs or plants are either dead or dying and unlikely to recover, to the significant detriment of the visual appearance or where at risk due to disease the Contractor shall notify the Authorised Officer. Where new planting is required the Contractor shall provide a quotation for plants with rates to be in accordance with Section C (Ancillary Services) of the Schedule of Prices.

C19.22 The Contractor shall notify the Authorised Officer if at any time a planter appears no longer serviceable, has been damaged, vandalised or is in such a condition as to raise health and safety concerns with regards to the structure.

C20 SUPPLY OF PLANTS, MATERIALS ETC

C20.1 In addition to the requirements for bedding plants and hanging baskets every third year the Contractor shall also establish approved suppliers based on not less than three competitive quotes for the supply of all shrubs, perennial plants and any other plants or materials associated with this Contract. The specification and process shall be agreed in advance with the Authorised Officer.

C21 WOODLAND AREAS

C21.1 The Contractor shall as part of the annual Programme of Services inspect and maintain woodland areas as identified in the inventory removing Litter, Fly Tipping, invasive vegetation, keeping pathways clear and cutting back as required to encourage regeneration and promote local biodiversity. In undertaking these Services the Contractor shall remove ‘dens’, camps and all evidence of anti-social behaviour and then so far as reasonably practicable remediate the land back to the standards of the general area.

C21.2 This Clause seeks to ensure that Services undertaken in woodlands helps stimulate new growth. In thinning the woodland it is acceptable to make hibernacula areas (habitat piles) and to produce wood chippings for the use of sustainable mulch.




C22 Tree Services

C22.1 As part of the Programme of Services the Contractor shall undertake such maintenance as is necessary on trees so far as it does not necessitate the need to climb or fell major trees. In addition to the woodland maintenance requirements (see Clause C21) the Contractor shall undertake such Services as may be necessary to maintain sight lines, remove obstructions or hazards to the passing public.

C22.2 The Contractor may also be called upon to carry out Services in default where, trees are overhanging a footpath for example (see also Clause C18.4). The Contractor shall effect the necessary Services and be paid according to a quotation based on the rates in Section C (Ancillary Services) of the Schedule of Prices.

C22.3 As part of the normal Programme of Services the Contractor shall ensure that suitable arrangements have been put in place for staff to be able to identify where the condition of a tree is likely to present a significant risk to public safety. Such details shall be reported to the Authorised Officer as soon as is practicable. For the avoidance of doubt the routine audits of the tree stock are undertaken by others.

C22.4 Where requested the Contractor shall be able to undertake or commission all tree Services beyond that already specified in Clause C22.1. The Contractor may be asked to quote with others for Tree Services or it may be asked to obtain quotes based on three competitive quotes. Where the Contractor has the relevant skills and the need can be addressed by tree climbing or simple felling it shall submit a quote based on the rates in Section C (Ancillary Services) the Schedule of Prices. Where the tree Services are more complex requiring perhaps traffic management, cranes or elevated work platforms the Contractor shall if requested provide a quotation based on Section C (Ancillary Services) of the Schedule of Prices including the hire costs of such specialist equipment.

19.21 Epicormic/basal Growth

C22.5 Such growth shall be removed routinely and as required.

19.22 New trees

20 C22.6 Where required the Contractor shall provide a quotation for the supply and planting of new trees. If accepted, rates shall be in accordance with Section C (Ancillary Services) the Schedule of Prices. The Contractor shall be responsible for the health of such trees for a period of three years after planting. If in that period the tree dies it shall be replaced with a tree of comparable size and quality at no cost to the Council. The Contractor shall cost the Work according to Section C (Ancillary Services) of the Schedule of Prices plus materials.

C22.7 The Contractor shall annually inspect all tree stakes and ties to ensure that they are still required and able to fulfil their intended function. Where no longer required they shall be removed and disposed of and the post hole filled with soil and lightly compacted. Where necessary the post and ties shall be replaced.

20.1 Stump Management

C22.8 Unless otherwise directed felled trees shall be cut to ground level so as not to cause a public safety hazard and cross cut to enable the stump to bio-degrade.




Where the requirement is for the stump to be ground out or chemically treated the Contractor shall submit a quote based on the rates in Section C (Ancillary Services) of the Schedule of Prices plus any stump grinding equipment hire charges.

C22.9 Where a stump is ground out the land shall be reinstated according to its surroundings. Where this involves the reinstatement of a surface such as tarmac the Contractor shall liaise with the Council’s Highway Contractor and submit a priced proposal for all necessary work, any rates or materials being in accordance with Section C (Ancillary Services) of the Schedule of Prices.

20.2 Chippings

C22.10 WHERE AGREED WITH THE AUTHORISED OFFICER CHIPPINGS FROM THE UNDERTAKING OF TREE SERVICES MAY BE LEFT ON SITE BUT MUST BE RAKED OUT EVENLY OVER THE ADJOINING LAND. HABITAT PILES ARE ALSO TO BE ENCOURAGED IN APPROPRIATE CIRCUMSTANCES IT WILL NORMALLY BE ACCEPTABLE TO SHRED, MULCH OR CREATE PROPERLY STRUCTURED HIBERNACULA AREAS (HABITAT PILES) ON SITE AS ALTERNATIVE.

C23 BRACKNELL TOWN CENTRE

C23.1 'Bracknell Town Centre' is defined in Annex 8. It includes all land within the area bounded by Church Road, Millennium Way, Skimped Hill Lane and Market Street plus Albert Road Car Park (including the associated roundabouts and underpasses). The land within it comprises of 'traditional' highways, paved highways, footways, green spaces and a variety of landscaped areas.

C23.2 Bracknell Town Centre will see significant redevelopment over the Term of this Contract. Its needs will change significantly from a 9.00am to 5.00pm retail experience to an 18 hour day and night time economy.

C23.3 The current timetable for development is for demolition of the Northern Retail Quarter to commence from July/August 2013 and for all construction of the main new retail area to be completed early in 2016 is shown in Annex 8 and further information can at the following link:- Thereafter Bracknell Town Centre could see further development in Charles Square, the Southern quarter and on the former bus depot site in Market Street along with upgrading of the remaining public realm.

C23.4 The continued vitality of the Town Centre is a key priority of the Council. The Contractor must recognise this and be prepared to work accordingly. The Contractor shall work in close co-operation with the Town Centre Consortium to help ensure a 'seamless' customer experience between the private and public areas. To ensure this, the Contractor shall establish and maintain effective communication links between the security centre and staff provided and maintained by the Town Centre Consortium.

C23.5 The selection and management of the relevant staff working in the Town Centre is of particular importance. Staff working in the Town Centre must be able to support the Council's aspiration to promote a quality retail experience. They will need to be able to communicate positively with the public giving help and support as may be required.




C24 SCHOOLS and OTHER EDUCATIONAL establishments

C24.1 A number of schools have opted into this Contract. Under the Local Management of Schools Scheme (LMS) schools have money delegated to them for their grounds maintenance needs. Consequently the purpose and nature of grounds maintenance required is likely to differ in respect of each school. The Contractor is required to work to the individual requirements of each establishment in respect of access and their on-site operational and management arrangements.

C24.2 Each educational establishment has its own localised agreement and Programme of Services. The Programme needs to be regularly reviewed in liaison with the school. The Programme must not be altered without the prior agreement of the school. The Contractor shall be responsible for the measurement and notification of any necessary changes to the inventory and shall notify the Authorised Officer accordingly.

C24.3 The delivery of the Programme must take due account of individual needs such as school holidays, examination dates, sports fixtures and special events.

C24.4 Where an educational establishment fails to give the necessary access without prior notification and the Contractor cannot undertake the agreed Work the educational establishment shall unless otherwise agreed be charged as if the Services were undertaken.

C24.5 Where the Contractor finds that it cannot attend the educational establishment at the time previously advised, the Contractor must notify the site representative as soon as possible of the delay and seek agreement to make alternative arrangements to catch up with the Programme of Services at its cost. When it is not possible to agree alternative arrangements to the satisfaction of the educational establishment, the value of the missed Services will be credited to them.

C24.6 The Contractor shall be required to undertake annual quality assurance surveys. The date, content and methodology for such surveys shall be agreed with the Authorised Officer. The Contractor shall provide the Authorised Officer with a report containing the survey results and how any issues arising might be addressed. The Authorised Officer will provide a report to the schools. Schools/ educational establishments will be contacted to meet and agree an improvement plan if required for the coming year.

C24.7 At each visit the Contractor’s operatives will possess a copy of the schedule detailing the elements of the Programmed Services to be undertaken at that visit and/or any additional Services as may have been commissioned. They will sign the educational establishment’s visitor’s book. The Contractor will be required to provide evidence of all work completed at each visit according to the agreed Programme and this shall be verified by the site representative.

20.3 Grass Maintenance

21 C24.8 Prior to cutting the grass the operative shall inspect all grass cutting areas and remove Litter and any items that will obstruct and prevent the grass cutting. Where the amount of Litter is deemed excessive enough to delay the time of completion of the Programme of Services, the Contractor shall notify the school as per the localised agreements. The Contractor shall provide a quote for the additional clear up based on the appropriate rate in Section C (Ancillary Services)




the Schedule of Prices. Litter shall be disposed of within the appropriate school facilities. The Council is not responsible for the Litter disposal costs in Schools.

C24.9 Grass cuttings will normally be left on the areas cut. If after cutting, the grass cuttings remaining on the surface exceeds 30mm in length or are unacceptably thick (e.g. due to wet weather), the Contractor shall include for dealing with the cuttings in an acceptable way, as agreed with the school.




22 C24.10 Where requested edges of hard surfaces adjoining grassed areas shall be cut at the end of the mowing season; the grass growth encroaching on the hard surface removed and the surface swept. Subject to compliance with Clause C24.35, spray edging may be permitted as an alternative method to cutting using an approved herbicide along edges of walls etc. The cost will be recharged at the appropriate rate in Section C (Ancillary Services) of the Schedule of Prices plus materials.

22.1 Environmental and Similar ‘Wild’ Areas

C24.11 Some schools have environmental or ‘wild’ areas. The size of these areas varies, as does the maintenance needs. The Contractor shall liaise with each school as regards their requirements including how the cut vegetation is to be disposed of. The Contractor shall under no circumstances make use of any waste disposal facilities at any school or other premises without having been given the written consent of that establishment. Where the waste is to be removed from site this shall be within the Contract Price.

C24.12 If requested ponds are to be attended to as required. Such Services are to be recharged according to a quotation based on the rates in Section C (Ancillary Services) of the Schedule of Prices.

22.2 Woodchip Play Bark Areas

23 C24.13 Where part of the Programme of Services every fortnight during term times playground areas and features covered with a woodchip surface shall be inspected and kept weed free. Where the play bark requires replenishment this shall be as instructed by the school and the Contractor shall provide a quotation based on the rates in Section C (Ancillary Services) of the Schedule of Prices plus materials.

23.1 Sports pitches

C24.14 The schools are responsible for their own risk assessments however, should the Contractor become aware of any matter likely to be a risk to the safety of the users it shall bring this to the attention of the school.

C24.15 Unless otherwise agreed with the school all sports pitches shall be maintained to the appropriate industry/sports body standard. For the avoidance of doubt this includes all marking out and routine pitch maintenance.

C24.16 The nature of school activity is such that timing of Services to each School will vary to suit term dates/needs.

C24.17 Prior to the start of each term where the school has a programme of arranged sporting events the Contractor shall request and be provided in advance with the dates and any specific requirements.

C24.18 Prior to the start of each term the Contractor shall request and the School shall confirm the type and number of all pitch requirements to be set out at each site.

C24.19 Where required the Contractor shall erect and dismantle the appropriate posts and any nets if requested at the start and finish of each season. At the start of the playing season the Contractor shall inspect the posts and sockets prior to their erection. Any significant defect is to be reported to the school prior to its use.




Posts shall be dismantled at the end of the season and placed within an agreed storing area at the school until the following season. The Contractor shall advise the school of any posts and sockets that are no longer serviceable.

C24.20 The timing of all mowing operations shall be such that it precedes the marking of any sports facility where the markings would be disturbed by the passage of the machinery used.

C24.21 All pitches shall be cut with machines that incorporate rollers. Tractors must only be used when the ground will withstand the weight of the tractor without creating depressions within the surface.

C24.22 The normal finished height of playing fields during the summer after grass cutting shall be between 35mm and 50mm except where stated otherwise when the grass surface is used for a ‘pitch’. Rugby pitches must be cut to an average of 50mm.

C24.23 Unless otherwise directed by the School all winter pitches shall be marked out and ready for use at the beginning of the Autumn terms.

C24.24 Unless otherwise agreed all winter pitches shall be marked normally once every 2 weeks from the date of the initial mark.

C24.25 Where the Contractor removes posts at the end of the season the Contractor shall ensure the sockets are capped and levelled to ensure that the sockets lie 25mm below surrounding levels. If necessary the Contractor shall reinstate the surrounding grassed area to achieve this or lower the socket.

23.2 C24.26 The school shall be responsible for removal and re-erection of nets during the playing season.

C24.27 The evenness of the surfaces of pitches shall be checked for compliance against the relevant pitch standard when pitches are initially being marked out. Any significant deviations or other concerns must be reported to the school together with recommendations for corrective Services.

23.3 Specific sports turf maintenance

C24.28 Where requested the Contractor shall provide a quotation based on the rates in Section C (Ancillary Services) of the Schedule of Prices plus any specialist plant hire for the rolling, aeration, harrowing, scarification, over seeding, verti-draining, top dressing, etc

23.4 Applying Fertiliser

C24.29 Where fertiliser is required it shall be of a type agreed by the school. The cost of applying fertiliser will be according to the rates in Section C (Ancillary Services) of the Schedule of Prices. The timing of applications shall be agreed with the school.

Sport related sand pits

C24.30 Where part of the Programme of Services every fortnight during term time sand pits shall be inspected and cleared of weeds, surface Litter etc. Where the sand requires replenishment this shall be as instructed by the school and the Contractor shall provide a quotation based on the rates in Section C (Ancillary Services) of the Schedule of Prices.

C24.31 At each fortnightly maintenance visit the Contractor will ensure that areas of sand are raked to a neat and smooth condition.


23.5



23.6 Synthetic sports surfaces

C24.32 Where part of the Programme of Services and throughout the year the Contractor shall hand weed all synthetic playing surfaces as required. The Contractor shall also sweep them every two weeks in order to remove surface debris.

C24.33 Twice a year the outer edge shall be treated to keep the boundary weed free and stop encroachment. Subject to Clause C24.34 moss killer shall be applied subject to the approval of the school as an additional item.

C24.34 Where the school requires specialist Services such as re-sanding, repairs etc beyond the capability of the Contractor, the Contractor shall provide a quotation based on three competitive quotes. Where the Contractor has the relevant skills it shall submit a quote based on the rates in Section C (Ancillary Services) of the Schedule of Prices.

23.7 Use of chemicals

C24.35 No chemicals shall be used on the school grounds unless approved in advance with the school. The application of chemicals shall be according to a quotation based on the rates in Section C (Ancillary Services) of the Schedule of Prices.

C25 MAINTENANCE OF SUDS (Sustainable urban drainage systems) AND WATER COURSES

C25.1 There are a number of Sustainable Urban Drainage Systems (SUDS) drainage featured throughout the Borough. The Council is responsible for the structural and functional maintenance of these systems.

C25.2 The Contractor shall maintain SUDS and other water courses contained within the inventory as part of the Contract which shall be priced according to the rates in Section C (Ancillary Services) of the Schedule of Prices.

C25.3 Where the Contractor becomes aware of any defect or malfunction of any such feature, on land to which this Contract applies, it shall immediately inform the Authorised officer.

C25.4 The Council has riparian ownership responsibilities for water courses flowing over or alongside land to be managed under the provisions of this Contract. The Council’s responsibilities extend to the mid point of any such ditch or watercourse adjacent to the associated bank(s). The obligations in this Contract include for all relevant Programmed Services associated with the land adjoining the bank(s).

C26 ABANDONED SHOPPING TROLLEYS

C26.1 The Council encourages residents to report abandoned shopping trolleys to the appropriate supermarkets and lists the contact details to supermarkets on its website.

C26.2 The Contractor shall notify the supermarket of the location of any apparently abandoned supermarket trolley identified in an area where Services are being undertaken to enable them to collect it. Any trolleys not removed within 14 days shall be collected by the Contractor within 5 working days. A list of major supermarkets in the Borough can be found at the councils website at;




C26.3 The Contractor will remove unidentifiable shopping trolleys to an agreed place of storage for disposal as part of this Contract. The Council shall be responsible for the disposal of such trolleys.

C27 CLOSED BURIAL GROUNDS

C27.1 The Council is responsible for maintaining the closed burial grounds of St Michael's Church, Crowthorne Road, Easthampstead, Bracknell, RG12 7ER, and All Saints Church, London Road, Ascot, SL5 8DQ. The Contractor shall establish and maintain good working relationships with the local Clergy and any relevant local interest group so far as it may relate to the Services provided.

C27.2 The grounds shall be cut according to the approved Landscape Management Plan (Annex 10).

C27.3 It should be noted that most of the grounds contains graves and special care is required in respect the graves including their headstones, floral tributes and their containers. Any damage caused must be reported to the Authorised Officer.

C28 CLOSED LANDFILL SITES

C28.1 The Council is responsible for the maintenance of two former landfill sites. The main one that forms part of this Contract is Strongs Heath, London Road, Ascot. The land needs to be managed according to the approved Landscape Management Plan (The Plan) (Annex 11). The Contractor shall effect such Services as may be necessary to ensure compliance with this Plan. The Plan is approved by the Environment Agency and reviewed every five years. The Plan could change during the term of the Contract. The nature of the site is such that the ground levels will be uneven and care is required so as not to damage the surface laid pipes and well heads/manifolds. Access to the site is controlled and consent will need to be gained for each visit via the Authorised Officer. If during any visit the Contractor notices signs of trespass it shall notify the Authorised Officer immediately.

C29 THE ENVIRONMENT

C29.1 The Contractor shall ensure that every effort is made to prevent pollution of the environment and harm to human health. Where possible and practical, only biodegradable, non-toxic, non-hazardous materials and substances shall be used in carrying out the Service.

C29.2 The Contractor shall take all necessary preventative measures to ensure that no aqueous waste or contaminated water arising from the provision of the Service enters the public waterways, or watercourses.

C29.3 The Contractor shall take all reasonable precautions to minimise noise from any vehicles, plant and machinery, including power tools used in the delivery of the Service.

C29.4 The Contractor shall make arrangements to ensure that Litter and organic waste e.g. leaves are segregated to enable recycling and composting.

C29.5 The Council aspires, as far as is practically possible, to phase out the use of peat or peat based products.




1. C29.6 The Council has a Biodiversity Plan (Annex 12). The Borough has a rich and diverse landscape, containing a wide range of habitats. Over 20% of the Borough has been recognised as having a high biodiversity value and is protected by local, national and international designations. Many of these picturesque areas are open to the public, such as embankments where wildflowers are encouraged to flourish by means of careful management. The Contractor shall work with the Authorised Officer in the support of the aspirations within this Plan. Outline guidance on carrying out Services with regard to protected species is also included in Annex 12.

C30 USE OF CHEMICALS

C30.1 The Contractor is only permitted to use approved pesticides in approved locations in connection with this Contract. The Council shall not be responsible for the storage of Contractor’s chemicals and chemical containers can only stored at the depot with the prior approval of the Authorised Officer.

C30.2 The Contractor shall maintain a register of chemicals detailing what is stored, the quantity used and where. The Contractor shall make the register available to the Authorised Officer on request.

C31 WASTE DISPOSAL (INCLUDING ORGANIC WASTE)

C31.1 The Contractor shall be registered to the satisfaction of the Council, prior to Commencement of the Contract, as a waste carrier and shall meet all costs in connection with this registration.

C31.3 Unless otherwise agreed by the Authorised Officer, the disposal of waste generated in the execution of this Contract by burning other than in an approved processing facility is prohibited.

C31.4 The Waste Disposal Authority (WDA) is Bracknell Forest Council.

C31.5 Unless otherwise agreed by the Authorised Officer the Contractor shall not normally be permitted to hold waste in vehicles parked overnight on Council premises pending disposal.

C31.6 Unless otherwise agreed or instructed by the Authorised Officer non green/organic Waste collected through this Contract shall be disposed of by delivering it to the Waste Transfer Station, at Longshot Lane, Bracknell, RG12 1RL. In the unlikely event that this site is not available the Contractor shall deliver Waste to Smallmead Waste Transfer Site, Island Road, Reading, RG2 0RP. All materials must be weighed in and out and a weighbridge ticket obtained for each type of load deposited e.g. Fly Tipping, green waste, Litter etc.

C31.7 All organic/green waste (including leaves) collected in the delivery of this Contract must be diverted from landfill. Litter and other contaminants shall be removed from such waste as far as is practicably possible. The Contractor shall make his own arrangements for the disposal of organic/green waste. The cost of the disposal of all green waste, leaves and contaminates collected within the green waste shall be borne by the Contractor.




C32 DEAD ANIMALS

C32.1 Any small dead animal such as domestic pets, foxes, badgers, deer, or other rodents encountered by a Contractor in its normal operations shall be collected and transported for disposal.

C32.2 Domestic pets shall be passed to the Street Cleansing contractor.

C33 FLY TIPPING/DUMPED RUBBISH

C33.1 The Contractor shall from time to time be required to remove non hazardous Fly Tipped waste from land to which this Contract applies. The cost of the removal of such waste shall be paid in accordance with a quotation based on the rates set out in Section C (Ancillary Services) of the Schedule of Prices. The Council will pay the cost of removal of all waste and Litter other than that which can be composted.

C33.2 The Contractor shall maintain and provide monthly management information to the Authorised Officer relating to each Fly Tipping incident.

C33.3 The Contractor shall help deter Fly Tipping including giving evidence in Court if required. The Contractor shall seek evidence of potential ownership as per an agreed procedure to ensure that such evidence can be used in legal proceedings if necessary. Where evidence of potential ownership is found it shall be passed to the Authorised Officer including photographs of the Fly Tipping incident and a shall be included in the Fixed Price Sum completed Evidence Details Form Annex 14. The Contractor’s staff will be trained by the Council in all procedures relating to gathering of evidence of Fly Tipping.

C33.4 Where the Fly Tip contains Hazardous waste as defined in the legislation, details shall be notified to the Authorised Officer. The Contractor shall not be responsible for the collection or disposal of such waste and this will be passed to the Street Cleansing Contractor

C33.5 Dumped tyres and gas canisters may be permitted at the Waste Transfer Station in Longshot Lane but only with prior authorisation from the Waste Transfer Station Manager.

C34 LITTER

C34.1 Litter picking of verges, grassed areas and borders shall be undertaken in such a manner such that it does not caused damage to the vegetation, wildlife and natural habitat. The Council's responsibilities and standards for Litter management are defined in the Environmental Protection Act 1990: Code of Practice on Litter and Refuse (last revision 2006) referred to as the Code. Unless otherwise stated this is the minimum standard to be achieved by the Contractor on all land subject to this Contract.

C34.2 The Contractor shall ensure that as far as is practicable, all recyclable materials e.g. glass, cans, plastic bottles, paper, card, dumped garden waste, items of furniture, scrap metal, WEEE and any other such items that can be recycled are segregated and taken for recycling to Longshot Lane Waste Transfer Station.




C34.3 All waste produced or collected in the delivery of services shall be cleared from the site by no later than the end of each shift and suitably disposed of.

C34.4 The Contractor shall liaise with the Street Cleansing Contractor to arrange the collection of any small dead animal such as domestic pets, foxes, badgers or deer encountered during the normal Programme of Services. It is expected that small wild rodents, etc will be buried locally where found at no cost to the Council. Evidence of an infestation of rats shall be notified to the Authorised Officer.

C34.5 The Council shall require statistical information relating to its Duty of Care and other responsibilities as a waste collection/disposal authority. The Contractor shall afford all facilities to the Authorised Officer for the collection of this information.

C35 DRUGS AND COLLECTION OF SHARPS

C35.1 Whilst not a major problem locally, there are times when the Contractor will find or be called upon to collect and safely dispose of used needles. Details of where they are found shall be notified to the Authorised officer.

C35.2 The Contractor shall need to make provision for the collection of sharps e.g. hypodermic needles, from public areas as part of the Contract Price. Once collected the sharps shall be stored in an approved safety container provided by the Contractor and disposed of in an approved manner at the Contractors expense.

C36 REPORTING LOSS, THEFT AND DAMAGE

C36.1 The loss or damage (whether malicious or accidental) of any item or property belonging to the Council including any highway infrastructure and signs shall be reported to the Authorised Officer as soon as is practically possible. The Contractor shall also advise any damage caused in the delivery of this service to any privately owned property. Reports must include details of the circumstances in which the theft or damage occurred and proposals as to how the loss/damage is to be rectified. Any loss e.g. theft or major accident likely to give rise to external interest or damage the Council’s reputation must be reported as soon as possible to the Authorised Officer.

C36.2 Claims for loss, theft or damage shall be dealt with by the Contractor as soon as is practically possible. The Contractor shall respond in writing to all such claims within 5 working days, notifying the claimant of the Contractor’s claims procedure and giving a point of further contact. All correspondence shall be available to the Authorised Officer.

C37 MATERIALS AND CONSUMABLES

C37.1 Where not specifically required or otherwise negotiated as an additional cost within the terms of this Contract the Contractor shall supply within the Fixed Price Sum all necessary materials and equipment associated with the provision of this Contract.

C37.2 The Contractor shall use materials and equipment that have a British or European Standard wherever possible. Where no such specific Standard applies then all materials shall be of the highest industry equivalent commensurate with the purpose for which they are to be supplied.




C37.3 Plastic bags used for litter collection shall be included in the Fixed Price Sum and shall be easily identifiable and in a specification to be agreed prior to the Commencement of the Contract.

C37.4 The Authorised Officer shall have the right to inspect any material to be used in connection with the Contract and may reject its use if not satisfied that it meets the required standard.

C37.5 The prices to be paid and quality of the materials to be used shall be subject to agreement in advance between the Contractor and the Authorised Officer.

C38 WATER

C38.1 There is a stand pipe for the provision of water located adjacent to the main reception. The use is monitored and the costs will be borne by the Council providing that the Contractor demonstrates care to prevent wastage. The Council is not able to guarantee availability or reliability of this equipment. If the Contractor makes its own local arrangements for the collection of water the Council shall not be liable for any costs arising.

C38.2 In the event of the water companies imposing any restriction on the use of water likely to affect this Contract, the Contractor must liaise with the Authorised Officer as regards what measures can be taken in the interim period to mitigate the effects of any such restriction. These measures may include for the use of alternative supplies on local sites which will be advised by the Authorised Officer. In such circumstances the Council shall be responsible for the cost of the water but not any transport or other costs as may be incurred by the Contractor.

C39 LIAISON WITH / WORKING ALONGSIDE OTHER CONTRACTORS

C39.1 It is essential that there is close co-operation between all of the Council’s Contractors who are based at the Commercial Centre in order to secure the satisfactory performance of all contracts related to Service provision. This is particularly the case in relation to Street Cleansing where joint working is essential in the efficiencies of both contracts and the deliverance of a quality service to the public.

C40 CHANGES IN METHODS OF SERVICE DELIVERY

C40.1 The Contractor shall consult and discuss with the Authorised Officer in advance any proposals for significant changes to the method of Service delivery.

C41 TRAFFIC MANAGEMENT

C41.1 The Council maintains the role of Traffic Manager under the Traffic Management Act.

C41.2 The Contract Price for Programmed work detailed in the Schedule of Prices includes the cost of all traffic management necessary to meet the requirement as set out in The Code. NB: Twice yearly there is an opportunity to take advantage of a highways traffic management operation to undertake works. This normally takes place May/June and September/October.

C41.3 The Contractor shall be responsible and liable for the ordering of any traffic management as may be necessary in order to effect lane closures in order to




undertake the Programme of Work. The Council will pay the Contractor according to the rates in Section C (Ancillary Services) of the Pricing Schedule for additional Non-Programmed essential traffic management requirements as agreed in advance with the Authorised Officer.

C41.3 The Contractor shall be responsible for booking the road space by the electronic submission of permit applications and registering of highways works through EToN (Electronic Transfer of Notices) in order that they can integrate with the Council’s Management System and works ordering system. Such applications must be made in advance. The Contractor is responsible for submitting to the street/permit authority notices/permit applications in an electronic format compliant with the New Roads and Street Works Act 1991 (NRSWA) specification for the electronic transfer of notices (EtoN). The Contractor is responsible for ensuring that the information contained in such notices/permit applications is accurate and legible.

C41.4 For the purposes of this Clause the Contractor operates in the same way as Statutory Undertakers. Consequently, the Contractor shall be liable for any offences committed against the provisions of the New Roads and Street Works Act (1991) and the Traffic Management Act (2004).

However, the Contractor shall not be required to pay any financial charges related to the offences if, calculated on a monthly basis, its performance is equal to or better than the target set out in the Key Performance Indicator set for that particular fiscal year.

Where the target is exceeded the value of any related financial charges shall be deducted from the next monthly invoice after the date of the offences subject to there being a right of appeal to the Director of Environment, Culture and Communities within 7 days of the Notice being issued. If an appeal is lodged no deduction will be made until the appeal is determined. The decision of the Director of Environment, Culture and Communities shall be final.

C41.5 The Contractor is exempt from paying fees relating to Permit applications.

C41.6 The Contractor shall comply with the HAUC (Highway Authority and Utilities Committee) Considerate Contractors Scheme.

C41.7 The Contractor shall be responsible for arranging traffic management and for coordinating its activities with other third party service providers.

C41.8 The Contractor shall have allowed for these costs within the overall Contract Price.

C42 TRAFFIC AND PARKING ON GRASS

C42.1 Some streets in the Borough are regularly parked with vehicles that can cause difficulties in relation to the provision of the Services included in this Contract. Where the Contractor is unable to complete the Programme of Services for that area due to parked cars, skips etc, the Contractor shall notify the Authorised Officer by means of a “Non-Compliance Notice”.

C42.2 Where the Contractor finds there is a regular problem with a parked car on grass on or adjoining the highway, for example the Contractor shall affix a notice (as provided by the Authorised Officer - Annex 15) to the windscreen. Details of the car must be noted in the approved form and provided to the Authorised Officer. In




some parts of the Borough signs have been erected indicating that parking is prohibited under the provisions of The Berkshire Act:

.

The purpose of this Act is to try to deter parking on Council owned grassed land. In the majority of cases the use of the notices improves the situation and no further action is required.

C42.3 The Contractor shall be notified of the areas of the Borough being targeted by enforcement officers for such specific attention due to parked cars on Council land. The objective of the Council is to try to protect high profile areas as a priority and to stop the damage caused. The Contractor shall work with the Authorised Officer Council in order to help achieve this objective including gaining evidence for use in a Court should it become necessary.

C42.4 No additional payments will be made in respect of any additional costs incurred by the Contractor in meeting the requirements of this Clause. However, if Court action follows the Council will seek to recover the Contractor’s reasonable costs. Any monies recovered will be passed on.

C43 ROADSIDE MEMORIALS

C40.1 Where the Contractor finds such memorials he shall bring them to the attention of the Authorised Officer and leave them as they are unless otherwise directed.

C44 WINTER SERVICE

C44.1 The Contractor shall work with the Council in the delivery of the Winter Service Plan. See Annex 13 for a copy of the Winter Service Plan detailing the Contractor’s obligations. The Council will review its Winter Service Plan annually to ensure that the expectations of the Contractor are clear and used to best effect. The Contractor shall assist in the review of such plans as requested.

C44.2 During the winter the Contractor shall work as directed if required by the Authorised Officer and the Council’s Highway’s Asset section.

C44.3 When there is ice and snow the Contractor shall also work closely with the Council’s highways officers, the highway street collection and waste collection contractors to help keep the Council owned neighbourhood retail centres, highways, footways safe and fit for purpose. Other areas may be included as necessary as well as certain residential roads with slopes as directed by the Authorised Officer to help facilitate waste collection.

C44.4 The Council shall provide access to the necessary materials to spread on the roads, etc. The materials shall be collected by the Contractor from the Council’s salt barn (currently located in Downmill Road, Western Industrial Estate Bracknell). The Council will pay the cost of such materials.

C45 EMERGENCIES

C45.1 Unforeseen circumstances may require that the Contractor assists at short notice in undertaking additional Services, e.g. assisting in the clear up of an emergency situation following localised flooding for example. Additional payments may be




made where deemed justified by the Authorised Officer, taking into account the payment due for the services wholly or partially suspended on the Council’s behalf. The objective is to ensure that the Contractor is fairly recompensed for the cost of such additional Services over and above that which would normally be paid.

C45.2 The Council runs an out of hours emergency service called ‘Forestcare’ for residents and other emergency situations.

C45.3 Arrangements shall be made for Forestcare to be able to contact the Contractor at any time. The arrangements shall ensure that instructions can be taken and unless otherwise agreed in advance can be actioned the next working day. The formal request for Services out of hours will be sent retrospectively. These Services shall be undertaken as part of the Contract cost.

C45.4 The arrangements shall also include for how the Contractor shall mobilise the workforce associated with this Contract. Details of the effectiveness of these arrangements shall be monitored throughout the period of this Contract.

C46 SERVICE DISPRUPTION, REDEPLOYMENT AND PAYMENT (INC WINTER SERVICE)

C46.1 If, in the opinion of the Contractor, the weather on any particular day or part of a day is so severe as to make work impracticable on safety grounds, then normal work must be suspended for that day or part of a day. The Contractor staff shall redeploy his staff to other duties as soon as is practicable.

C46.2 Where a service has been suspended the Contractor and the Contractor’s staff cannot be gainfully redeployed as agreed by the Authorised Officer, the Contractor shall catch up with the Programme of Services at no additional cost as soon as possible.

C46.3 Where the workforce is redeployed to other duties as agreed by the Authorised Officer the Authorised Officer shall agree the necessary Services required to catch up with the Programmed of Services. The Council will pay the Contractor’s agreed catch up costs according to the rates in Section C (Ancillary Services) of the Schedule of Prices. Alternatively the Authorised Officer may agree a variation to the Programme to avoid the need to catch up.

C47 SME’S, COMMUNITY SUPPORT AND SPECIAL EVENTS

C47.1 The Contractor shall seek to support the use of Small and Medium Enterprises in the delivery of the Contract. Performance will be monitored as part of the Contractors Annual Report to the Board.

C47.2 The Contractor may be required from time to time to work with the Authorised Officer to attend meetings with the public, clients, schools etc.

C47.3 The Contractor may, from time to time, be required to assist the Council in official planting ceremonies. The Contractor shall also assist the Council in enabling the annual Armistice Day service in Bracknell Town Centre by the provision and removal of turf and wreaths to the war memorial as directed by the Authorised Officer.

C47.4 The Council places great importance on supporting the involvement of the local community in environmental matters. The Contractor may be asked to assist such events such as including launching new/special projects, events or initiatives,




Town Centre Events, Bracknell in Bloom, Community events, fairs, carnivals, processions and similar events. The level of assistance will be agreed with the Authorised Officer.

C47.5 All such activity shall be at no additional cost to the Council.

23.8 Royal Ascot Week

C47.6 This is a key event to the Borough and the Contractor shall ensure that all scheduled Services and any other obligations arising from this contract are completed prior to the event and to the highest possible standards (see Clause 15.29).

C48 STATUTORY UNDERTAKINGS (UTILITY SERVICES)

C48.1 The Contractor shall be responsible for establishing the location of any services that are likely to be affected by the work and will take all necessary precautions to avoid damage to them. In the event of damage to services the Contractor shall at their expense have the service repaired to the complete satisfaction of the Statutory Undertaker involved without delay and shall be liable to meet any costs incurred by the Council in overcoming the loss of the service in the meantime.




24 DEFINITIONS

For the purposes of the Contract, the following meanings shall be ascribed:

Street, Road or Public Realm includes land where the Council is responsible including but not limited to:

(a) Highways dual carriageways, footways, roundabouts, bus lanes, road ditches, subways, traffic islands or other form of build outs, service yards, alleyways and car parks, cycleways, drainage channels, tops of road gullies, central reservations, lay-bys, bus stops and land within bus shelters, paved areas and squares in residential or business areas, cuttings and embankments, verges, grass strips at rear of footways, grassed amenity areas, shrub beds (including raised beds).

(b) Public rights of way, separate footpaths, bridleways, byways and cycle ways and adjoining verges and channels where provided.

(c) Large public open spaces, Street market sites, and sites of fairs and other events which the Council has agreed to Cleanse.

Clean, Cleanse or Cleansing shall include:

(a) Removal of Litter (b) Removal of leaf, seed and blossom fall and tree debris and other organic detritus (c) Removal of fly-tipped materials.

Litter means any waste that is discarded improperly and includes, but is not limited to:

(a) Paper and cardboard, including containers and boxes. (b) Plastic, including containers, boxes, bags and bottles. (c) Glass, including bottles and the results of breakages of vehicle glass. (d) Wood, including containers, boxes, pallets and furniture. (e) Scrap metal of all sorts, excluding single items of weight greater than 25 kilograms. (f) Small items of Waste Electrical and Electronic Equipment (WEEE). (g) Fabrics, including clothing, rags, curtains and carpets. (h) Animal fouling, bird droppings and bird and small animal carcasses. (i) Fresh chewing gum. (k) Food and food wrappers. (l) Cigarette litter. (m) Any other matter considered Litter as determined by the Authorised Officer.

Litter Picking shall mean the act of searching for, and picking up of Litter on any areas serviced by this Contract.

Recycle shall mean the necessary treatment of all or part of the waste collected to gain value from that material through its re-processing by turning it into a new substance or product. This includes composting of organic material providing quality protocols are met.

Fly tipping (dumped rubbish) shall be deemed to mean any improperly deposited accumulation of any material which can not be otherwise be described as litter, e.g. refuse, soil, debris, wood, tyres, sacks, garden waste, furniture, equipment, material surrounding or in abandoned vehicles, gas canisters, DIY waste etc.

Beds and Borders shall be taken to have the same meaning where planted with shrubs of various species, including roses and seasonal bedding plants.

Good Practice: where the extent of workmanship to be applied in the execution of the Services is not fully specified, it is to be carried out in accordance with best industry practice.




Seasons unless otherwise specified or agreed with the Authorised Officer where specified or implied by best horticultural practice, the following seasons shall have the following inclusive months ascribed to them:

a. Spring April to June b. Summer July to September c. Autumn October to December d. Winter January to March

Working Day/Working Week: The Contract does not limit the days or hours of working. There is an over-riding requirement that hours worked must take due regard to the potential impact upon residents, road users and local businesses.

Wild Flower Areas (Biodiversity areas) are special areas which hold the existence of a wide variety of indigenous plant and animal species in their natural environments. It is the aim of the Council to protect, promote and sensitively manage these areas.

Sight and Verge shall mean Rural Verge.

Waste/Controlled Waste is defined in legislation.


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