Supply and Maintenance of Summerbedding Containers

S05.1

Invitation to Quote

For

Supply and maintenance of summerbedding containers

Issue Date:

Return Date:

1Introduction

2Conditions of Contract

3Specification

4Pricing Schedule

5Form of Tender and Declarations

Appendices

AConditions of Contract

BQuantities Required

CEvaluation Criteria

SECTION 1: INTRODUCTION

1GENERAL REQUIREMENTS

Quotations are invited for the supply and maintenance of summer bedding containers from June until October 2013

The Council’s detailed requirements are defined in the Specification.

2BACKGROUND

Swale Borough Council requires the supply and maintenance of several types of planted annual bedding containers for the summer 2013 season.

3SUBMISSION OF QUOTATION

Quotations, which should be received no later than noon on Friday 10th May 2013, and any queries, should be addressed to

Jon Reason

Landscape Officer

Swale House

East Street

Sittingbourne

Kent

ME10 3HT

Tel 01795 417521

4FREEDOM OF INFORMATION

Information in relation to this tender may be made available on demand in accordance with the requirements of the Freedom of Information Act 2000.

Tenderers should state if any of the information supplied by them is confidential or commercially sensitive or should not be disclosed in response to a request for information under the Act. Tenderers should state why they consider the information to be confidential or commercially sensitive.

This will not guarantee that the information will not be disclosed but will be examined in the light of the exemptions provided in the Act.

SECTION 2: CONDITIONS of CONTRACT

2.1The Tenderer will be required, upon the acceptance of quotation to enter into a Contract through the issue of a Council order. The conditions of contract will be as detailed within Appendix A.

2.2Materials

All materials are to be of a good quality, appropriate and fit for purpose and meet the requirements of the Specification. Where a British Standard is current and appropriate, goods and materials shall, where appropriate, be in accordance with that specification. All materials shall be obtained from approved suppliers and manufacturers and used strictly in accordance with the manufacturer’s instructions unless otherwise specified.

2.3Workmanship

Workmanship and labour shall be of a good standard. The whole of the works are to be carried out in accordance with specification and relevant Codes of Practice and other guidance.

2.4Design

The Service Provider shall accept responsibility for ensuring that the works are adequately designed to meet the performance specification requirements.

The Service Provider shall in respect to any inadequacy in the design have the like liability to the client whether under statute or otherwise as would an appropriate professional designer holding themselves out as a competent person to take on work for such design.

Contract Insertions to Appendix A

1.3Commencement Datemeans the 1st June 2013

1.7Contract Period 1 year

2.1The relevant Contract Manager / Supervising Officer will be Jonathan Reason

15.3Public Liability Insurance cover£5,000,000

Employers Liability Insurance cover£10,000,000

Professional Indemnity Insurance cover£2,000,000

SECTION 3: SPECIFICATION

Proposal- To supply and maintain summer bedding containers in Swale

Quotations are invited to undertake the following work-

To supply and install annual bedding containers as listed in Appendix B. Some of these are to be supplied by the contractor, others are to be supplied by Swale Borough Council for planting.

To maintain throughout the growing season.

To remove from site, empty and store in anticipation of collection all Swale Borough Council owned liners.

Specification

The contractor is to supply and maintain annual bedding containers planted with a variety of summer bedding plants for the summer growing season from June to October.

A variety of containers are required, double cubes, barrier planters and troughs.

Double cubes to measure approximately 1.8m high, and .9m square at the base. These are to be supplied by the contractor.

Barrier planters are to be in the region of 1.2m long and fixed to the top rail of road side barriers. These are to be supplied by the contractor, with the exception of the liners for the barrier planters at The Forum car park, Sittingbourne.

Trough liners are to be supplied by Swale Borough Council, and are .6m long. Two are required for each trough.

All liners supplied by Swale Borough Council will be available for collection from the Sittingbourne area.

The containers are to be planted up with a suitable mixture of annual bedding plants to give a variety of height and colour, including trailing plants. Cube planters are to be planted up with a suitable variety of trailing Geranium.

All plants are to be in good health, showing no signs of disease or stress. They are to be well established and full in the containers and in flower.

Swale Borough Council requires a peat free growing medium is used.

Watering will take place as and when required to ensure the containers do not dry out, and the plants do not become stressed or wilted. Any containers which, in the supervising officers opinion, show obvious signs of drying out such as dead or dying plants will be replaced at the contractors expense.

The contractor will supply details of the proposed watering regime to be used.

Maintenance of the containers will be to such a standard as to ensure a prolonged flowering season is obtained. Deadheading, weeding and removal of damaged plant material shall be carried out as and when required.

The contractor will be responsible for placing the containers on site, in the locations supplied by the supervising officer and ensuring they remain in the allocated position. Occasionally planter such as the cube planters have been moved overnight and may require returning to their original position. The contractor will undertake this work at their own expense.

At the end of the summer season, the contractor will be responsible for removing all bedding containers from site, leaving the area clean and free of any accumulated debris and rubbish. Any liners supplied by Swale Borough Council are to be emptied and delivered to Sittingbourne.. An account of the number of liners stored is to be supplied to the supervising officer.

SECTION 4: PRICING SCHEDULE

The Tenderer shall supply a price for supply of each unit type, and a price for total maintenance cost.

Note – You may adjust the size of the following text boxes to suit your response.

Costs

The costs should be broken down into components with a full description of each component and its associated time and costs.

[Component] / [Component description] / Quantity / [Total Costs (£)]
Total – Carried to Form of Tender

The Council is seeking an experienced and knowledgeable contractor, with a proven track record in delivering high class work, on budget and on time.

In the space below please explain;

Part 1: Your organisation. Please supply relevant information of your organisation, giving a brief overview of your company and why you would be suitable to supply the required service. Please include relevant policies and documents, such as Health and Safety Policy, Equal Opportunities Policy, etc. (Maximum 10 points)

Part 2: Producing the containers. Please give a brief overview of your methodology to grow the plants required. Please include relevant information, such as source of plant material, pest control details, fertilisers and other chemicals used. (Maximum 10 points)

Part 3. Maintenance. Please supply proposed maintenance regime for the containers, detailing frequency of visits, operations undertaken, fertilisers used, etc. Please indicate a good working knowledge of the local area. (Maximum 10 points)

Part 1. (Maximum of ½ side of A4, plus supporting documents)
Part 2. (Maximum of ½ side of A4, plus supporting documents)
Part 3. (Supporting documents)

SECTION 5: FORM OF TENDER AND DECLARATIONS

TENDER FOR THE PROVISION OF SUPPLY AND MAINTENANCE OF SUMMER BEDDING CONTAINERS

TO:THE SWALE BOROUGH COUNCIL

I/We […………………INSERT NAME OF BIDDNG ORGANISATION], Company registration number [………….] whose registered address is […………………], having examined the Invitation To Tender (ITT) and other documents made available to us hereby tender to provide all the Services described in the tendering documents including appendices and confirm our submission of a compliant Bid.

I/We hereby offer to supply the Service subject to the terms and conditions set out in such Conditions of quotation, Conditions of Contract Specification and other documents (if any) at the prices and rates contained in the Pricing Schedule.

I/We undertake in consideration of having been supplied with the particulars and permitted to tender, that this quotation shall not be withdrawn or modified for 30 days from the date of its delivery but shall remain binding upon me/us during that period.

I/We understand you are not bound to accept the lowest or any tender you may receive and you will not pay any expenses incurred by us in connection with the preparation and submission of this tender.

Unless and until a formal Contract is prepared and executed this Tender together with your written acceptance thereof shall constitute a binding Contract between us.

Anti Collusive Tendering Certificate

I/We declare that:

1.This is a bona fide tender, intended to be competitive, and that I/we have not fixed or adjusted the amount of the tender by or in accordance with any agreement or arrangement with any other person.

2.I/We have not done and I/we undertake that I/we will not do at any time before the hour and date specified for the return of this tender any of the following acts:

acommunicating to a person other than the person calling for those tenders the amount or approximate amount of the proposed tender except where disclosure, in confidence, of the approximate amount of the tender was necessary to obtain premium quotations required for the preparation of the tender.

bentering into any agreement or arrangement with any other persons that they shall refrain from tendering or as to the amount of any tender to be submitted.

coffering or paying or giving or agreeing to pay or give any sum of money or valuable consideration directly or indirectly to any person for doing or having done or causing or having caused to be done in relation to any other tender or proposed tender for the said work any act or thing of the sort described above. We acknowledge that if we, or anyone who acts on our behalf behaves improperly or commits an offence under the Prevention of Corruption Acts 1889-1916, the Council may cancel the contract and recover all costs and losses.

In this certificate, the word ‘person’ includes any persons or any body or associated, corporate or unincorporated, and ‘any agreement or arrangement’ includes any such transaction, formal or informal, and whether legally binding or not.

Dated this ……………………………day of ……………………………..20…….

Signature …………………………………………………………………………..

For and on behalf of ………………………………………………………………

(Name of firm or Company)

Status of signatory…………………………………………………………………

(eg Partner or Director)

APPENDIX A

CONDITIONS OF CONTRACT

(Agreement for supply of services—detailed provisions—pro-Council

THIS AGREEMENT dated (date) is made by and between:

(name of company) a company incorporated in England and Wales under company number (number), and whose registered office is at (address) (the ‘Service Provider’); and

SWALE BOROUGH COUNCIL of Swale House, East Street, Sittingbourne Kent ME 3HT.

RECITALS
The Council wishes for thesupply and maintenance of summer bedding containers
The Service Provider has the skills, background and experience in providing the bedding as specified.
The Service Provider is willing to provide the Services (as defined below) and the Council is willing to appoint the Service Provider to provide the Services, all in accordance with the provisions of this Agreement.
NOW IT IS AGREED as follows:

Definitions

In this Agreement, the following words shall have the following meanings:

‘Agreement’ / Means the terms and conditions set out in this agreement and the schedule
Approval Notice’ / the meaning given in clause 13.1;
‘Authorised Representative’ / An employee of the Council who has been nominated to manage this Contract
Best Practice’ / the meaning given in clause 21.1.4;
‘Commencement Date’ / (date on which the Service Provider is to start performing the services;)]
‘Completion Date’ / (date on which the Service Provider is to complete the services) [or such other date as the Parties may agree];]
‘Confidential Information’ / All information acquired in consequence of this agreement, except for information which either party may be entitled or bound to disclose under compulsion of law or where requested by regulatory agencies or to their professional advisers where reasonably necessary for the performance of their professional services.
‘Facilities’ / means working space, computer equipment, access to the internet computer networks and telecommunications systems and shall include not only access to such resources but also use of them to the extent required by the Service Provider in order to perform the Consultancy Services
‘Fee(s)’ / the amount(s) as set out in the Specification
‘Information’ / information [whether of a technical, commercial or any other nature whatsoever] provided directly or indirectly by the Council to the Service Provider in oral, electronic or documentary form or by way of models, biological or chemical materials or other tangible form or by demonstrations and whether before, on or after the date of this Agreement;
‘Inspection’ / the meaning given in clause 10.1;
‘Materials’ / The meaning given in clause 18.2
‘Key Personnel ’ / [(specify the name and where appropriate job title or level of qualification or responsibility) (or) the person(s) who will be providing the Services and whose names, job titles and level of qualification are set out in the Specification];
‘Officer of the Council’ / An employee of the Council who has been granted delegated authority to manage this contract
‘Outcomes’ / [those [targets (or) results (or specify)] set out in the Specification (or) specify the goals, targets etc to be achieved)];
‘Parties’ / the Service Provider and the Council , and ‘Party’ shall mean either one of them;
‘Services’ / Means the services to be provided under this contract as set out in the Specification
‘Specification’ / the specific Services to be provided by the Service Provider as set out under schedule 1 of this Agreement

Services

The Service Provider shall provide the Services in accordance with the Specification in consideration for the Council paying the Fee to the Service Provider, subject to the provisions of this Agreement.

The Council shall specify the time and place for the performance of the Services .

The Service Provider shall start providing the Services on the date specified in the Specification. The Services shall be provided untilthe dates specified in the Specification

The Service Provider shall complete the Services including the provision of data, materials or reports by the Completion Date.

If the Service Provider wishes persons other than the persons named in the Specification to perform the Services, the Service Provider shall only do so after obtaining the prior written approval of the Council . Where the Service Provider wishes to make such a change, at the same time as notifying the Council of such a proposed change, the Service Provider shall also supply sufficient details concerning the proposed change.

If the Service Provider is unavailable, or become[s] unavailable, to provide the Services, and in the reasonable opinion of the Council, any suggested replacement is not satisfactory to the Council, then the Council may terminate the contract

The Service Provider shall ensure, and instruct its employees and agents accordingly, that the Service Provider’s employees and agents shall take all reasonable steps to safeguard their safety and the safety of other persons who may be affected by their actions or omissions. The Service Provider agrees to indemnify and keep indemnified the Council from all and any liabilities, obligations, costs and expenses whatsoever arising from any loss, damage or injury caused to the Council or any third party by the Council’s employees and agents in this regard.

The Authorised Representative

The Council shall nominate a representative (the Authorised Representative ) for the purposes of the contract and shall have power (such power to be delegated to any Officer of the Council as the Authorised Representative decides ) to issue instructions to the Service Provider in accordance with the terms and conditions of this Agreement and schedules 1 and 2 for the satisfactory completion of this Agreement

Insurance

The Service Provider shall maintain at its own cost a comprehensive policy of insurance in relation to public liability insurance five million pounds (£5,000,000.00) employer’s liability insurance ten million pounds (£10,000,000.00) and professional indemnity insurance of two million pounds (£2,000,000.00) in respect of any act or default for which it may become liable to indemnify the Council under the terms of this Agreement and to provide a copy of the same whenever required by the Council and for its inspection and approval.

Payment

In consideration of the Services to be provided by the Service Provider under this Agreement the Council agrees to pay the Fee plus VAT at 20% divided into the following portions

100% on completion of the actions and outputs

Payments shall be made within 28 days of the receipt of the VAT invoice

VAT

All sums payable under this Agreement unless otherwise stated are exclusive of VAT

Any VAT due shall be payable upon receipt of a satisfactory VAT invoice provided the Council accepts that the work the VAT relates to is due for payment.

Dates

The dates set out in the Specification whereby the Service Provider shall start, carry out and complete the Services shall be of the essence.

Location

The Service Provider shall provide the Services in the location set out in the Specification.

Acceptance

[Unless otherwise provided for in the Specification] where any stage of performing the Services requires the approval or acceptance of the Council, the following shall apply:

the Service Provider shall indicate in writing to the Council that a stage has been reached in the performance of the Services requiring the approval or acceptance of the Council (‘Approval Notice’);

if the Council does not notify the Service Provider of any matters concerning the quality or content of the Services provided to that stage within [7] days of receiving the Approval Notice, then the Council will be deemed to have approved the performance of the Services up to that stage;

where the Service Provider has completed performing the Services, the Council will be deemed to have accepted or approved them within [7] days of the Service Provider :