TENDER FOR THE WASTE COLLECTION
AND TREATMENT AND DISPOSAL OF
HOUSEHOLD, FOOD, GREEN AND
RESIDUAL AND OTHER WASTE
CONTRACT TERMS AND CONDITIONS
Contents
Clause Contents Page
1 Definitions
2 Contract Period
3 Representatives of the Parties
4 Notices
5 Assignment and Sub-Contacting
6 Contract Documents
7 Waiver
8 General Obligations of the Contractor
9 Legal Obligations of the Contractor
10 Not used
11 Employees and Operational Records
12 Bond
13 Confidentiality
14 Indemnity and Insurance
15 Damage
16 Payment
17 Interest on Overdue Payments
18 Taxes
19 Not used
20 Contract Price Review
21 Recovery of Sums due
22 Continuity of Performance/Force Majeure
23 Variations
24 Security
25 Plant and Equipment
26 Standards of Performance
27 Default in Performance
28 Termination
29 Settlement of Disputes
30 Complaints in Respect of Service Provision
31 Health and Safety
32 Race Relations and Equal Opportunities
33 Transfer of Undertakings
34 Emergency Response
35 Information Technology Systems
36 Service Management
37 Interpretation
38 Depot facilities
39 Freedom of Information
1 Definitions and Interpretation
In this Contract unless the context otherwise requires the following words shall have the following meanings:-
1. “Annual Sum” means the annual sum payable by the Council to the Contractor calculated in accordance with the Contract Documents.
2. “Approved Bag” means the 120-litre plasticised canvas bag used by households for the collection of Green Waste
3. “Authorised Officer” means the representative of the Council being the Director of Development & Environment for the time being (or successor post) or his duly authorised representative.
- "Bank Holiday" means the eight days each year that are standard national holidays in England and Wales, namely New Years Day, Good Friday, Easter Monday, the first Monday in May, the last Monday in May, the last Monday in August, Christmas Day and Boxing Day.
5. "Bills of Quantities" means the priced Bills of Quantities forming part of the Contract Documents.
6. “Clinical Waste” shall have the meaning ascribed to it in Section 1(2) (a) and 1(2) (b) of the Controlled Waste Regulations 1992.
7. “Code of Practice” means the Code of Practice on Litter and Refuse as defined by the Environmental Protection Act 1990
- "Commencement Date" means the date from which the Contractor is obliged to commence providing the Service being midnight on Sunday 28th February 2010.
- “Commercial Waste” shall have the meaning ascribed to it under Section 75(2), (7) and (8) of the Environmental Protection Act 1990 and in Schedule 4 of the Controlled Waste Regulations 1992.
10. "Conditions" means these contract conditions including any supplementary conditions and any modifications thereto.
11. “Container” means any receptacle used to contain and store Waste, including, but not limited to, bulk bins, boxes, dustbins, Green Waste sacks and wheeled-bins.
12. "Contract" means the agreement entered into between the Council and the Contractor including the Form of Agreement, these Conditions, the Specification, the Appendices, the pre-tender documentation, the Tender, the Bills of Quantities and the approved Method Statements and Operational Plan submitted by the Contractor.
13. “Contract Area” means all the locations within which the Contractor is to perform the Services as set out in the Contract.
14. “Contract Documents” means the documents comprising the Contract.
15. "Contract Period" means the Initial Contract Period and any additional period if the Contract is extended in accordance with Clause 2.2 of the Conditions.
16. "Contract Price" means the sum of money payable by the Council to the Contractor ascertained in accordance with the Contract Documents.
17. "Contractor" means the person firm or company with whom the Council enters into the Contract.
18. "Contractor’s Representative" means the person appointed by the Contractor in accordance with Clause 3.2 of these Conditions.
19. "Council" means North Somerset District Council and any successor authority thereof.
20. “Current Services” means the collection, treatment and disposal services to be provided by the Contractor at the Commencement Date and to continue to be provided until notified otherwise by the Authorised Officer.
21. "Dayworks Rates" means the Schedule of Rates and prices for the performance of additional work described in the Bill of Quantities.
22. “Delivery Point” means any place where the Council may from time to time instruct the Contractor to deliver Waste.
23. “Default Notice" means a notice in writing issued in respect of a failure to perform any part of the Service.
24. “Emergency” means any situation requiring immediate attention and such attention that may be instructed by the Authorised Officer.
25. “Environmental Information Regulations” means the Environmental Information Regulations 2004 and any guidance and/or codes of practice issued by the Information Commissioner or relevant government department in relation to such regulations
- "Equipment" means all tools, implements and machines used for the Performance of the Contract.
- “Food Waste” means biodegradable food derived waste including, but not limited to, raw and cooked: meat and fish, including bones; dairy products; vegetables; fruit; breads; pastas; coffee grounds; and uneaten food from plates and dishes etc.
- “Freedom of Information Act” means the Freedom of Information Act 2000 and any subordinate legislation made under this Act from time to time together with any guidance and/or codes of practice issued by the Information Commissioner or relevant government department in relation to such legislation
- “Green Waste” means biodegradable garden-derived waste including grass cuttings, plants, flowers, weeds, plants and tree prunings; and any other type of biodegradable Waste that the Authorised Officer instructs the Contractor to collect for composting through the Council’s collection scheme.
- “HWRC” means a Household Waste recycling centre at which the public may deposit Household Waste
- “Household Waste” shall have the meaning ascribed to it under Section 75 (2) of the Environmental Protection Act 1990 and Schedule 1 of the Controlled Waste Regulations 1992.
32. "Incident Register" means the register to be provided and maintained by the Contractor for recording the matters referred to in Conditions 30 and 31.
33. “Information” has the meaning given under Section 84 of the Freedom of Information Act.
34. “Initial Contract Period” means the period from the Commencement Date to 23.59 hrs on the twenty-eighth day of February 2017
35. “Key Aims” means the aims within each section of the Specification that act as guidance to the issues that the Council wishes to deliver over the term of the Contract.
36. “Location” means any site or area of work detailed with the Contract Documents.
37. "Method Statements" shall mean the method statements supplied by the Contractor to illustrate the way in which the Contractor proposes to carry out the requirements of the Contract which shall be sealed into the Contract Documents and used in relation to monitoring the Contractor's performance of the Contract.
38. "Month" means a calendar Month.
39. “Operation” means any one of the categories of work required under the Specification.
40. “Period Payment” means the 12 payments detailed in Clause 16.2 of the Conditions.
41. “Pesticide” means chemical substances and certain micro-organisms (bacteria, fungi, viruses and mycoplasmas) prepared or used to destroy pests. It encompasses products such as herbicides and fungicides.
42. "Plant" means vehicles, plant and any other equipment used for the performance of the Contract.
43. “Programmed Work” means the work carried out on a regular basis for which the performance output and where necessary the frequency and number of visits is described in the Specification and for which the unit rate required per annum is set out in the Bill of Quantities.
44. “Programme” means the programme(s) of work submitted by the Contractor in accordance with the requirements of the Contract Documents.
45. “Recyclables” means the range of dry materials collected for recycling.
46. “Requests for Information” shall have the meaning set out in the Freedom of Information Act or the Environmental Information Regulations.
47. “Residual Waste” shall mean Household Waste or Waste from premises owned and/or occupied by the Council that is presented for disposal and not for reuse or recycling.
48. “Review Date” shall have the meaning set out in Clause 20.1.
49. “Revised Services” means the collection, treatment and disposal services to be provided by the Contractor as directed by the Authorised Officer following the issue of a Variation.
50. “Schedule” means the schedules contained within the Contract Documents.
51. "Schedule of Rates" means the Schedule of Rates included in the Tender documents and which incorporates the principles of measurement set out therein.
- "Service" means all the service(s) to be provided by the Contractor under the Contract.
53. "Specification" means the Specification and description of the Service required by the Contract and any variation.
54. “Tender” means the Form of Tender and all supporting documentation submitted by the Contractor in response to the invitation to tender.
55. “Transfer Station” means the waste transfer station at Aisecombe Way, Weston-super-Mare.
56. “VAT” means value added tax in accordance with the provisions of the Value Added Tax Act 1994
57. “Variation” means any addition, deletion or amendment of any quality, value, Specification, area, Schedule, detail or drawing pertaining to the Contract.
58. “Waste” shall have the meaning ascribed to it in Sections 75 (2) and (3) of the Environmental Protection Act 1990.
59. "Week" means a period of seven days with Monday being the first day and Sunday being the last day.
60. "Working Times" means the period of time during which the Contractor may normally perform the Service as defined in the Contract Documents.
2 Contract Period
2.1 The Contract shall commence upon the Commencement Date for the Initial Contract Period unless terminated in accordance with Clause 28 of the Conditions or extended under clause 2.2.
2.2 Not less than eighteen Months before the end of the Initial Contract Period the Council and the Contractor may agree in writing to extend the Contract for a further period of up to seven years. The provisions of the Contract will apply (subject to any Variation or adjustment to the Contract Price in accordance with clause 20.5) throughout any such extended period.
3 Representatives of the Parties
3.1 The Council may from time to time appoint, remove and replace as the Authorised Officer either a named person or the holder of a named office.
3.2 The Contractor must (with the approval of the Authorised Officer) appoint a named suitably qualified person of senior management status within the Contractor's organisation to act as the Contractor’s Representative and shall within 1 day (but excluding a Bank Holiday) of such appointment tell the Authorised Officer in writing who is appointed and provide contact details for that person including telephone number, fax number, e-mail address and postal address. Subject to the foregoing, the Contractor may remove and replace the Contractor’s Representative as he deems fit, but so as to ensure that there is always a named Contractor’s Representative in office.
3.3 The Contractor’s Representative will, on behalf of the Contractor, but without prejudice to the obligations of the Contractor under the Contract, have overall control of all operations directly or indirectly connected with the performance by the Contractor of its obligations under the Contract.
3.4 The Authorised Officer and the Contractor’s Representative may from time to time appoint one or more representatives to act for them respectively either generally, or for specified periods or purposes.
3.5 The Council and the Contractor must immediately give notice to the other of any changes in the identity, or areas of responsibility, or address for service, or telephone and/or fax numbers or e-mail address of the Authorised Officer and the Contractor’s Representative respectively, or any representative appointed under Clause 3.4 to these Conditions.
3.6 The Contractor shall ensure that the Contractor’s Representative, or any deputy authorised by the Contractor to act on his behalf, is available to meet the Authorised Officer or his deputy at any reasonable time and upon reasonable notice during the Contract Period.
4 Notices
4.1 Any notice to be given by either party under the Contract must be in writing.
4.2 Any demand, notice or other communication to be given by either party under the Contract shall be given by letter (sent by hand, first class post, recorded delivery or special delivery (or if no longer called that the nearest equivalent)) Such letters shall be addressed to the registered office or the last known address of the party to be served with it and in the case of the Council addressed to the Authorised Officer. If so sent it shall, subject to proof to the contrary, be deemed to have been received by the addressee on the second business day after the date of posting or on successful transmission, as the case may be.
4.3 Electronic mail or facsimile transmission may only be used if this has been agreed beforehand and provided that if the contents are intended to have formal or legal consequences a paper copy is also sent in accordance with this Clause 4.
4.4 A copy of any notice or instruction received by the Contractor from any statutory or regulatory body which in any way relates to the ability of the Contractor to supply the Service under the Contract must be passed to the Authorised Officer within 24 hours of receipt.
5 Assignment and Sub-Contracting
5.1 The Contractor must not transfer or assign the Contract or any part of it or in any other way dispose of the Contract or any part of it.
5.2 The Contractor must not sub-contract the provision of the Service or any part of it to any person without the previous written consent of the Council, which shall not be unreasonably withheld. Notwithstanding such consent the Contractor shall not be relieved from any liabilities or obligations under the Contract. The Contractor will be responsible for all acts, omissions, breaches and neglect of any sub-contractor, his employees or agents in all respects as if they were the acts, omissions, breaches and neglect of the Contractor.
5.3 Where consent to sub-contracting is granted, copies of each sub-contract shall, at the request of the Council, be sent by the Contractor to the Authorised Officer as soon as reasonably practicable.
5.4 Where consent to sub-contracting is granted, the Contractor shall provide each sub-contractor with a full set of the unpriced Contract Documents. If required, the Contractor shall satisfy the Council that he has obtained a written undertaking from the sub-contractor that the sub-contractor is familiar with the Contract Documents and will perform the Service fully in conformity with the Contract.