DEVON COUNTY COUNCIL
ENVIRONMENT DIRECTORATE
WASTE DISPOSAL AUTHORITY
WASTE DISPOSAL CONTRACT
TENDERED – 13 AUGUST 1992
FORMALLY ADOPTED – 31 JULY 1998
CONSOLIDATED – 7 AUGUST 2002
FINAL DOCUMENT – 25 NOVEMBER 2002
Edward Chorlton C. Eng.
M.I.C.E., M.I.H.T., A.C.I.Arb.
County Environment Director
County Hall
NOVEMBER 2002
EXETER
EX2 4QW
DEVON COUNTY COUNCIL
ENVIRONMENT DIRECTORATE
WASTE DISPOSAL CONTRACT
ARTICLES OF AGREEMENT
CONDITIONS OF CONTRACT
SCHEDULES AND
APPENDICES
CONTENTS
PAGE NO.
ARTICLES OF AGREEMENT
ARTICLES OF AGREEMENT FOR WASTE DISPOSAL IN THE COUNTY OF DEVON
3
1. Definitions and Interpretation
5
2. Form of Contract
9
3. General Provisions
10
4. Bonds and Guarantees
12
5. Continuity of Performance
13
6. Capacity
14
7. Legal Obligations of the Contractor
15
8. Duty of Care
16
9. Method of Working
17
10. Special Conditions
19
11. Termination
20
12. Recovery of Sums due to the Contractor
22
13. Assignment and Sub-Contracting
23
14. Payments
24
15. Audit
25
16. Modifications
26
17. Ownership of Waste
27
18. Confidentiality
28
19. Agency
29
20. Quality Standards
30
21. Authority’s Premises and Equipment
31
22. Representatives of the Parties
32
23. Environmental Protection
33
24. Civil Defence and Emergencies
34
25. Notices
35
26. Waiver
36
27. Disputes and Arbitration
37
SCHEDULES
1. Contract Particulars
38
2. Description of Service
43
3. Service Provision – Duty of Contractor
44
4. Not Used - Programme of Service
50
5. Form of Bond
51
6. Form of Guarantee
53
7. Form of Stand by Contract
55
8. Special Conditions
57
9. Financial Provisions
61
10. Audit Requirements
66
11. Authority’s Premises and Equipment
67
12. Quality Assurance
68
13. Index Formula
69
14. Not Used - Matters not Within the Contractors Knowledge
70
15. Financial Burden of Requests
71
a) The East Devon District Council Area
71
b) The Exeter City Council Area
72
c) The Mid Devon District Council Area
73
d) The North Devon District Council Area
74
e) The South Hams District Council Area
75
f) The Teignbridge District Council Area
76
g) The Torridge District Council Area
77
h) The West Devon District Council Area
78
16. Waste Management Strategy
79
17. Alternative Methods of Disposal
80
18. Environmental Protection
89
19. Not Used - Form of Non-Collusion Tendering Certificate ‘A’
91
1
CONTENTS
PAGE NO.
20. Not Used - Form of Non-Collusion Tendering Certificate ‘B’
92
21. Form of Bank Authority
93
22. Financial Information
94
23. Form of Certificate Relating to Insurance of Third Party Risk
97
24. Form of Certificate Relating to Insurance of Contractor’s Employees.
99
25. Form of Certificate Relating to Insurance of Premises, Plant and Materials.
101
APPENDICES
1. Not Used - Description of County Area
103
2. Not Used - Description of East Devon District Council Area
104
3. Not Used - Description of Exeter City Council Area.
105
4. Not Used - Description of Mid Devon District Council Area
106
5. Not Used - Description of North Devon District Area.
107
6. Not Used - Description of Plymouth City Council Area.
108
7. Not Used - Description of South Hams District Council Area.
109
8. Not Used - Description of Teignbridge District Council Area.
110
9. Not Used - Description of Torridge District Area.
111
10. Not Used - Description of West Devon District Council Area.
112
11. Not Used - Index of Waste Disposal/Landfill Facilities Currently Employed by Devon County Council.
113
12. Not Used - Index of Bulky Household Waste/Recycling Centres.
115
13. Recycling.
114
14. Not Used - Devon - Administrative Boundaries.
117
15. Not Used - Devon - Principal Road Network.
109
16. Method of Composting
110
2
ARTICLES OF AGREEMENT
DEVON COUNTY COUNCIL
ARTICLES OF AGREEMENT AND CONDITIONS OF CONTRACT
OF A CONTRACT
FOR WASTE DISPOSAL IN THE COUNTY OF DEVON
THIS CONTRACT is made the 31st day of July 1998 between
DEVON COUNTY COUNCIL
of
COUNTY HALL, TOPSHAM ROAD, EXETER, DEVON.
(“the Authority”) of the one part and
DEVON WASTE MANAGEMENT LIMITED
of
CRANMERE COURT, MATFORD BUSINESS PARK, EXETER, EX2 8PW
(“the Contractor”) of the other part.
WHEREAS
(1)
The Authority wishes to have provided a Waste Disposal Service for that part of the area of the
Authority and of a nature as set out in the Contract for the Contract Price namely.
for the
COUNTY OF DEVON
(2)
The Contractor is willing to perform such Service in accordance with the provisions of the
Contract and at the Contract Price.
NOW IT IS AGREED between the Authority and the Contractor as follows:-
1.
This Contract constitutes the sole contract or agreement between the Authority and the Contractor
for the performance by the Contractor of the Service.
2.
The Contractor shall provide the Service in accordance with the provisions of the Contract and to
the satisfaction of the Authority for the Contract Period.
3.
So long as the Contractor shall continue to comply with Article 2 hereof the Authority shall pay
the Contract Price and all other sums lawfully due in accordance with the provisions of the
Contract to the Contractor.
4.
The Conditions (including the Schedules) annexed to these Articles shall have effect.
IN WITNESS WHEREOF in execution as a deed the Authority has caused its to be hereunto affixed and
the Contractor has caused its Common affixed/executed this Contract as a Deed/set his/her hand and seal
appropriate) the day and year first before written.
3
ARTICLES OF AGREEMENT
CONTINUATION SHEET 1
DEVON COUNTY COUNCIL
ARTICLES OF AGREEMENT AND CONDITIONS OF CONTRACT
OF A CONTRACT FOR WASTE DISPOSAL IN THE
COUNTY OF DEVON
THE COMMON SEAL of Devon County Council
was hereunto affixed in execution as a deed
in the presence of:-
THE COMMON SEAL of Devon Waste Management
was hereunto affixed in execution as a deed
in the presence of:-
4
CONTRACT CONDITIONS
1.
DEFINITIONS AND INTERPRETATION
1.1
In these Conditions and in the Articles, except where the context otherwise requires, the
following expressions shall have the meanings hereby ascribed to them: -
1.1.1
“Articles”
means the Articles of Agreement to which the Conditions are annexed.
1.1.2
“Authority”
means the authority specified in the Articles of Agreement, namely
Devon County Council, of County Hall, Topsham Road, Exeter, Devon
and shall include any successor authority and its assigns.
1.1.3
“The Authority's
means any premises including landfill, transfer, waste treatment and
Premises”
C.A. sites owned or occupied by the Authority.
1.1.4
“Authority
means the person appointed by the Authority under Condition 22.
Representative”
1.1.5
“Beneficial Use”
means the re-use of such processed Greenwaste as a compost, (or as a
soil conditioner or soil improver), where such ‘Completed Compost’
may be used either on its own or in conjunction with other material.
For the purpose of research or other trial, or other lawful purpose that at
the date of Contract compost does not attract the imposition of Landfill
Tax by HM Customs and Excise.
1.1.6
“Commencement
means the date from which the Contractor will provide the Service as
Date”
specified in Schedule 1.1.
1.1.7
“Conditions”
means these Contract Conditions including the Schedules.
1.1.8
“Contract”
means the agreement entered into between the parties including the
Articles and Conditions (including the Schedules and Appendices).
1.1.9
“Contract Period”
means the period defined at Particular Sch 1.1 in Schedule 1.
1.1.10 “Contract Price”
means the price per tonne for providing the service as described in
Schedule 2.
1.1.11 “Contract Standard”
means such standard as complies in each and every respect with all
relevant provisions of the Contract and where and to the extent that no
criteria are stated in the Contract the standard is to be to the entire
satisfaction of the Authority Representative.
1.1.12 “Contractor”
shall be as defined in the Articles of Agreement.
1.1.13 “Contractor's
means the person appointed by the Contractor under Condition 22.
Representative”
1.1.14 “Costs, Rates and
When used in this contract shall be deemed to be inclusive of all
Prices”
overheads and on-costs, Value Added Tax excepted, unless expressly
stated otherwise.
5
CONTRACT CONDITIONS
1.1.15 “Delivery Point” or
shall have the meaning given to them in Schedule 3.
“Delivery Points”
1.1.16 “Environmental
shall have the meaning ascribed to it in Schedule 18.
Audit”
1.1.17 “‘Finished’
means compost that following sampling and testing is acceptable for
Compost”
Sale or Beneficial Use.
1.1.18 “Environmental
shall have the meaning ascribed to it in Schedule 18
Charter”
1.1.19 “Greenwaste”
means any shrubbery or woody garden material (not exceeding 150mm
in diameter) and grass clippings of any leafy material deposited by the
Public or material collected by the WCA as a function of street
sweepings of rural roads classed as Domestic Waste (drained of all road
liquors and specifically excluding such potentially polluted leafy
material collected from Town or City roads). Other than material
rejected by the agreement of the Authority Representative.
1.1.20 “Index”
means the index referred to at Particular Schedule 1.4 in Schedule 1 as
defined Schedule 13 Paragraph 13.1. The application of RPI Changes
will be made on the Review Date every year.
1.1.21 “The Location”
means the geographical area, district or site being the place at which the
Service is to be performed by the Contractor as described in the
schedules and shall include so much of the property owned or occupied
by the Authority as shall be used by the Contractor with the consent of
the Authority Representative in connection with such Service other
than for the purpose of access to the said place.
1.1.22 “Month”
means calendar month.
1.1.23 “Programme”
means the programme for the execution of the Service by the
Contractor in accordance with the requirements of the Contract.
1.1.24
“Rejects”
means Greenwaste that has been classified as unacceptable for use as a
composted material.
1.1.25 “Review Date”
means the date upon which the payments will be reviewed under the
contract using the Index which will be 1st April each year.
1.1.26 “Sale”
means the lawful or Beneficial Use of compost from or on the Site
whether or not consideration has been received or paid.
1.1.27 “Schedule” or
means a schedule or schedules to the Conditions, and reference to a
“Schedules”
Schedule by number means the Schedules so numbered
1.1.28 “Service”
means the disposal of the waste, the processing of Greenwaste (refer to
Clause 1.1.37) and all other services provided under the Contract
and includes the whole of the service to be executed, including any
goods or materials to be supplied by the Contractor in accordance with
the Contract, and any modifications thereto made pursuant to the
Conditions.
6
CONTRACT CONDITIONS
1.1.29 “Shredded
means Greenwaste that has been treated by means of shredding,
Greenwaste”
chopping or similar process to facilitate such composting to occur.
1.1.30 “The Site”
means any place licensed or exempted by the Environment Agency
which has all and any necessary planning consents and/or approval by
HM Customs and Excise upon which the Service take place, as notified
to the Authority and agreed in writing.
1.1.31 “Specification”
means the description of the Service in Schedule 2 and any
modification thereof pursuant to Condition 16
1.1.32 “Sub-contractor”
shall mean any person (other than the Contractor) named in the
Contract for any of the Service or any person to whom any part of the
Contract has been sub-let with the consent in writing of the Authority
representative, and the legal representatives, successors and assigns of
such persons.
1.1.33 “Waste”
means any waste specified in Sch. 2.4.
1.1.34 “WCA.”
means the District Authority as Collection Authority pursuant to
Section 30 of the Environmental Protection Act 1990.
1.1.35 “WDA”
means the Authority as Waste Disposal Authority pursuant to section
30 of the Environmental Protection Act 1990.
1.1.36 “WRA”
means the Authority as Waste Regulation Authority pursuant to
section 30 of the Environmental Protection Act 1990.
1.1.37 “Week”
shall mean seven consecutive days commencing on the Monday and
ending the following Sunday.
1.2
Reference to employees of the Contractor shall be deemed to include the Contractor's agents
and sub-Contractors unless the context otherwise requires.
1.3
Reference to time shall be construed, during the period of summertime, to be British Summer
Time and otherwise to be Greenwich Mean Time.
1.4
All the headings in the Contract, including headings to Conditions, Schedules, Sub-conditions
or Paragraphs are for ease of reference only. They are not part of the Contract, nor intended to
be used as a guide to its interpretation.
1.5
The Contract shall be governed by and construed in accordance with English Law, and the
English Courts shall have jurisdiction over any dispute or difference which shall arise between
the Authority or the Authority Representative and the Contractor set out of or in connection
with this Contract.
1.6
Any reference to the singular includes a reference to the plural, and any reference to the plural
includes a reference to the singular, and any word, which refers to or implies, any gender shall
include any other gender.
1.7
The Contract is entered into pursuant to the obligations of the Authority under Section 51 of the
Environmental Protection Act 1990 and the definitions and interpretation provided in that Act
apply for the interpretation of the Contract save that where the contract provides a definition
that definition shall prevail over any statutory definition of the same expression.
7
CONTRACT CONDITIONS
1.8
A reference to any relevant legislation of any International Body, Act of Parliament, or to any
Order, Regulation, Statutory Instrument, or the like, shall be deemed to include a reference to
any amendment or re-enactment of the same.
1.9
“Duty to act with commercial prudence” means a duty to act with all due commercial care,
prudence and foresight, to ensure that the Contractor remains a viable commercial entity and
able to perform its obligations under the Contract and that it does not incur any unnecessary
expenditure, but no course of action shall be a breach of the Duty if it is carried out pursuant to
a requirement or request of the Authority Representative, or with his express consent in writing.
8
CONTRACT CONDITIONS
2.
FORM OF CONTRACT
2.1
Sufficiency of Information
The Contractor shall be deemed to have satisfied itself before signing the Contract as to the
accuracy and sufficiency of the rates and prices stated by the Contractor which shall (except in
so far as is otherwise provided in the Contract) cover all the Contractor’s obligations under the
Contract and shall be deemed to have obtained itself all the necessary information as to risks,
contingencies and any other circumstances which might reasonably influence or affect the
Contractor’s offer, save in respect of the matters specified in Schedule 14.
2.2
Provisions of Contract Mutually Explanatory
2.2.1
Except as otherwise expressly provided, the Provisions of the Contract are to be taken as
mutually explanatory of one another. Any ambiguities or other discrepancies shall be resolved
by the Authority Representative, who shall thereupon issue to the Contractor appropriate
instructions in writing and the Contractor shall carry out and be bound by such instructions.
2.2.2
In the event of any inconsistency, the Conditions (apart from the Schedules) shall prevail over
the Schedules (except Schedule 8), the Articles shall prevail over both the Condition and the
Schedules (except Schedule 8) and Schedule 8 shall prevail over any other provision in the
Contract.
2.3
Variation of Conditions
No deletion from, addition to or alteration of the Contract shall be valid or of any effect unless
agreed in writing and signed by the parties
2.4
Copyright
Copyright in the Contract documents shall vest in the Authority but the Contractor may obtain
or make at his own expense any further copies required for use by the Contractor in the
performance of the Service, but for no other purpose whatsoever.
9
CONTRACT CONDITIONS
3.
GENERAL PROVISIONS
3.1
Fundamental Purpose
3.1.1
The fundamental purpose of the Contract is to provide a reliable, effective and satisfactory
Service for the Contract Period in respect of the Waste in such a way as to protect the
environment and to promote (where practicable) recycling, at a price which is reasonable,
having regard to the tender of the Contractor.
3.1.2
The Contract is without prejudice to the Authority's powers and responsibilities as a Local
Planning Authority, a Waste Regulation Authority, or any other capacity whatsoever.
3.2
Contractor's General Obligation
3.2.1
During the Contract Period the Contractor shall provide the Service in a proper, skilful and
workmanlike manner to the Contract Standard and to the entire satisfaction of the Authority
Representative, and shall employ sufficient persons sufficiently instructed, supervised and
skilled, and provide sufficient plant, equipment, disposal facilities and sites to ensure that it can
comply with its obligations under the Contract.
3.2.2
The Contractor shall at all times be under the duty to act with commercial prudence.
3.3
Sole Provision of Service
Subject to the other terms of the Contract, the Authority shall not enter into a contract with any
other person for the disposal of the Waste or provision of a similar Service without the prior
written consent of the Contractor.
3.4
Good Faith
Both parties will act in good faith towards each other in relation to all matters arising under this
Contract and in particular:-
3.4.1
The Contractor will inform the Authority fully and as soon as possible of any circumstances
which might prejudice the Contractor's ability to provide the Service whether temporarily or
permanently;
3.4.2
Each party shall inform the other fully and as soon as possible of any circumstance which might
lead to any substantial change in the nature, composition or amount of the Waste or any other
circumstance which might alter the burden of the obligations of each party under the Contract.
3.4.3
The Authority Representative shall be given all information and other facilities he may require
to ensure that the Contractor is fulfilling its obligations under the Contract.
3.4.4
The representative of the parties appointed under Condition 22 shall hold regular meetings at no
less frequent intervals than those specified at particular Sch 1.6 in Schedule 1 in order to review
the working of the Contract, to identify any way in which either party might be, or become, in
breach of its obligations, and any necessary remedial action, and to resolve informally any
problem arising as perceived by either party or its Representative.
3.4.5
Both parties will do all things reasonably within their power which are necessary or desirable to
give effect to the spirit and intent of this its Contract and fundamental purpose.
10
CONTRACT CONDITIONS
3.5
Reasonableness
Any act, omission, decision, requirement, agreement of, or any other step of any kind taken by
either party or the Authority Representative shall be so taken reasonably and in good faith and
so as not to place an undue burden upon either Party, and any reference (express or implied) to
period, time, occasion, amount, price or any other matter shall be subject to the qualification of
reasonableness, unless the context otherwise requires.
3.6
Fundamental Change
If an unforeseen fundamental change of circumstance arises of such a kind that it is no longer
possible to operate the Contract according to its terms, either party may require such minimum
variation in the Contract as will enable the Service to be provided for the remainder of the
Contract period in accordance with the fundamental purpose of the Contract. Both parties
recognise that as a result of this provision the doctrine of frustration can have only limited
effect on the Contract, and, so far as they lawfully can by agreement, they exclude it from the
Contract.
3.7
Change of Law
Without prejudice to the generality of Sub-Condition 3.6, in the event that any part of the
Contract shall be or become or be declared void, invalid, illegal or unenforceable for any reason
whatsoever including, but without prejudice to the generality of the foregoing, by reason of the
provisions of any legislation or any other provisions have the force of law or by means of any
decision of any Court or other body or authority having jurisdiction over the parties of the
Contract, the parties hereby expressly agree that the remaining parts and provisions of the
Contract shall continue in full force and effect with such amendments as may be agreed
between the parties to ensure that the balance of obligation remains so far as possible the same
as under the Contract as at present drafted as may be agreed between the parties.
3.8
Change of Quantities
Where, under the Contract, the Authority or the Authority Representative has the power to
make any requirement of the Contractor, the cost of compliance therewith shall be born by the
Contractor save in those cases listed in Schedule 15 where it is specifically indicated that the
said cost shall be borne by the Authority.
11
CONTRACT CONDITIONS
4.
BONDS AND GUARANTEES
4.1
On the execution of the Contract the Contractor shall, if required by the Authority, provide a
Bond from a Bank or Insurance Company approved by the Authority for a sum to be
determined by the Authority. The Contractor shall ensure that such Bond remains in force
throughout the Contract Period and for a period of three months thereafter and the value of the
Bond shall be increased each year on the anniversary of the date of the bond in accordance with
the change in the Index.
4.2
If the Contractor is or becomes a subsidiary company within the meaning of Section 736 of the
Companies Act 1985, it shall also, if required by the Authority, provide a Guarantee (in the
form specified from time to time by the Authority) by its holding company or companies (as
defined by the said Section 736) to secure the due performance by the Contractor of its
obligations to the Authority.
4.3
Unless and until some other form is specified, the form and amount of bond set out in Schedule
5 and the form of guarantee set out in Schedule 6 shall be the relevant specified forms for the
purposes of the Contract.
4.4
The amount mentioned in Sub-Condition 4.1 may only at most exceed the amount mentioned in
Sub-Condition 4.3 by a percentage increase equal to the percentage increase in the Contract
Price over that specifically stated in Schedule 2 in accordance with the adjustments made under
the Contract.
12
CONTRACT CONDITIONS
5.
CONTINUITY OF PERFORMANCE
5.1
Both parties recognise that it is of paramount importance that there is no break in the provision
of any form of waste management service, and have accordingly agreed to the other
requirements of this Condition 5.
5.2
The Contractor shall immediately notify the Authority Representative of any actual or potential
industrial action, whether such action be by its own staff or others o~ any other contingency of
any kind that affects or might affect its ability at any time to fulfil its obligations under the
Contract. The Contractor shall be responsible for maintaining the Service in accordance with
the terms of the Contract during any industrial action or other such contingency. The Contractor
shall prepare contingency plans and arrangements and submit details thereof to the Authority
Representative on request, and as necessary, implement such plans and arrangements with such
amendments and modifications as the Authority Representative shall require.
5.3
Subject to the other provisions of this Condition, the Contractor shall not become liable for any
unavoidable default in the provision of the Service by reason of any of the following factors,
provided that the relevant factor or factors was or were beyond its control and not reasonably
foreseeable at the time of tender:-
(a)
Act of God; or
(b)
Any Act of Government, Queen's Enemies, Armed Conflict or the consequences or the
effect of Armed Conflict; or
(c)
Riot.
5.4
In the event of unavoidable default by the Contractor for any of the reasons stated in sub-
condition 5.3 the Contractor shall provide the best possible substituted Service as determined
by the Authority Representative. The cost of such substituted Service shall be based upon the
prices specified in the Contractor's tender as and where appropriate, but otherwise at a
reasonable price.
5.5
The Contractor shall, when required by the Authority Representative, inform him in detail of
the nature and location of any operation it undertakes in pursuance of its duties under the
Contract, and will at all times permit access to any such operation to the Authority
Representative.
5.6
The Contractor shall, as and when so required by the Authority Representative, enter into such
Stand By Contracts with such parties as he may determine in the form attached as Schedule 7
5.7
Works in Default
If by reason of any event, accident or failure of the Service or any part thereof occurring during
the performance of the Service or at any other times any Service or other work shall in the
opinion of the Authority Representative be urgently necessary which the Authority
Representative considers the Contractor was liable to do at
its own expense under the Contract
and the Contractor is unwilling or unable at once to carry out such Service or work it shall be
lawful for the Authority to direct that the Service or other work be undertaken by others as are
deemed appropriate and all costs and charges properly incurred in so doing shall on demand be
paid by the Contractor to the Authority or may be deducted by the Authority from any monies
due or which may become due to the Contractor. Provided always that the Authority
representative shall as soon after the occurrence of any such emergency as may be reasonably
practical notify the Contractor thereof in writing.
13
CONTRACT CONDITIONS
6.
CAPACITY
6.1
The Contractor shall at any time as required by the Authority Representative prove to his
satisfaction that it has the capacity at the date of the said requirement to dispose of the Waste
for a period commencing on the date of the requirement and terminating on a date three years
later or the date upon which the Contract can first be terminated by notice under Condition 11
whichever is the earlier. It shall be assumed for the purposes of this Condition that during the
said period the annual amount and composition of the said waste shall not differ from the
amount and composition of the said waste during the period of one year before the said
requirement.
6.2
Before the commencement of the Contract Period the Contractor will prepare and obtain the
approval of the Authority Representative to a Development plan sufficient to ensure, so far as
reasonably practicable, that it will be able to carry out its obligations under the Contract.
6.3
The Contractor shall keep any Development Plan under this Condition 6 under such regular
review as is appropriate in the circumstances of the case, advise the Authority Representative of
any amendments to it which it considers appropriate, necessary or desirable and make such
amendments to it as the Authority Representative may require or approve.
6.4
The Contractor shall implement a Development Plan under this Condition with any required or
approved amendments and provide evidence to prove to the satisfaction of the Authority
Representative that it is so doing, at such times as he shall direct.
14
CONTRACT CONDITIONS
7.
LEGAL OBLIGATIONS OF THE CONTRACTOR
7.1.1
The Contractor shall at all times in providing the Service comply with all legal duties imposed
upon it whether arising by way of statute or common law, including any provision in any site
licence or planning permission or conveyance, lease or licence.
7.1.2
The Contractor shall not voluntarily enter into any arrangement which might result in a conflict
between any such legal duty as is mentioned in Paragraph 7.1.1 and its other obligations under
this Contract.
7.1.3
In the event of such a conflict as is mentioned in Paragraph 7.1.2. the Contractor shall use
reasonable endeavours and take such steps as the Authority Representative may require, to
resolve that conflict so far as possible in order to comply with the other obligations mentioned
in Paragraph 7.1.2.
7.1.4
This Sub-Condition 7.1 shall take precedence over the other obligations of the Contractor under
the Contract.
7.2
The Contractor shall indemnify and keep indemnified the Authority against the consequence of
any breach of its obligations under sub-condition 7.1 and also against injury to, or death of, any
person, or loss of, or damage to, any property, including property belonging to the Authority or
any Waste Collection Authority or any other body or person lawfully authorised by the
Authority to be present at any Delivery point or any other waste disposal facilities operated by
the Contractor in connection with the provision of the Service except and to the extent that it
may arise out of the act, omission, default or negligence of the Authority, its employees or
agents, not being the Contractor or employed by the Contractor and except as aforesaid, against
all actions, claims, demands, proceedings, damages, costs, charges and expenses whatsoever in
respect thereof or in relation thereto.
7.3
Without thereby limiting its responsibilities, under the Contract the Contractor shall make, such
insurance arrangements as the Authority Representative may require in order to ensure that it
can meet its obligations, and prove to his satisfaction that it has done so.
7.4
Nothing in the Contract shall purport to exclude or restrict the liability of either party for death
or personal injury arising out of the acts or omissions of such party, its agents, employees,
servants and sub-contractors.
7.5
Subject to the other express terms of the Contract, the following shall apply: -
7.5.1
The Authority's and the Contractor's liability to each other in respect of direct loss arising out of
or in connection with the Contract whether arising in contract, tort or howsoever, shall be
limited to the amount set out in Particular Sch 1.5 in Schedule 1. Such limit shall be adjusted
automatically on each anniversary of the commencement of the Contract Period by reference to
the Index and shall apply in respect of any one or connected series of events.
7.5.2
Neither party shall be liable for indirect or consequential loss save as provided for in Schedule
8.
15
CONTRACT CONDITIONS
8.
DUTY OF CARE
8.1
Without prejudice to the generality of Condition 7, the Contractor hereby indemnifies the
Authority against any damage, claim or liability of any kind in respect of any breach by the
Contractor, its servants or agents of the Duty of Care under Section 34 of the Environmental
Protection Act 1990 as respects any waste resulting from or coming under its control by reason
of any activity or operation directly or indirectly connected with its performance of its
obligations under the Contract.
8.2
Before the commencement of the Contract Period the Contractor shall prepare and obtain the
approval of the Authority Representative to a satisfactory and practicable waste Care Plan,
unless the Authority Representative has already prepared such a Plan.
8.3
A Waste Care Plan under this Condition 8 shall set out the arrangements the Contractor
proposes to make to remove and lawfully dispose of any waste arising from any such operation
or activity in such a way as to ensure that neither the Authority nor the Contractor are in breach
of the said Duty of Care or any like duty under Common Law in respect of such waste.
8.4
The Contractor shall keep any Waste Care Plan under this Condition under such regular review
as is appropriate in the circumstances of the case, advise the Authority Representative of any
amendments to it, which it considers appropriate, necessary or desirable, and make such
amendments to it as the Authority Representative shall direct or approve.
8.5
The Contractor shall implement a Waste Care Plan under this Condition with any such directed
or approved amendments.
8.6
The Contractor shall not at any time whether during or after the Contract seek to make the
Authority liable for environmental damage or impairment or pollution arising from the disposal
of the waste by the Contractor.
16
CONTRACT CONDITIONS
9.
METHOD OF WORKING
9.1
General
The Contractor shall employ the method of waste disposal (if any) specified in Schedule 4 and
no other, save on specific instructions or with the agreements of the Authority Representative.
The Contractor shall comply with any such requirements of the Authority Representative under
this Condition. Any changes in the said method under this Condition shall be a modification
under Condition 16.
9.2
Waste Disposal
9.2.1
The Contractor shall dispose of waste as set out in Schedule 2.1 Description of Service.
9.2.2
The Parties express their support for the Waste Management Strategy set out in Schedule 16,
and will seek so to carry out their powers, duties and functions under the Contract as to forward
the said strategy so far as is reasonable having regard to all of the circumstances, including (but
without prejudice to the generality of the foregoing) the financial and other resources available
to each of them, social, demographic, economic, legislative, technological and good practice
changes, and any changes in public expectation and the policies of any international, national or
local government body.
9.2.3
The additional or alternative methods of Waste Disposal set out in Schedule 17 shall apply at
the option of the Authority, subject to the financial arrangements and for the period stated
therein.
9.3
Greenwaste
9.3.1
The Contractor shall process the Greenwaste which includes the carrying out of all or any part
of the receipt, sorting, shredding and composting of such Greenwaste (the “Process”) together
with the disposal of rejected Greenwaste or rejected partly completed compost from the Site
(which shall be treated as Waste) and the Sale of ‘Finished’ Compost. For information purposes
only a more detailed description of the Process is contained in Appendix 16.
9.3.2
The Contractor is required to Process a minimum of 50% of the Authority’s Greenwaste and
produce compost to the criterion specified by the The Composting Association “Standards for
Composts” Document SCA03 dated 09/01/2002 in Table 3.
17
CONTRACT CONDITIONS
9.3.3
9.3.3.1 For Greenwaste identified by the Contractor at any weighbridge, Site, Designated
Areas, Delivery Points or during the Process as being contaminated or otherwise
unlikely (in the opinion of the Contractor or any of its employees) to be composted
economically (the “Rejected Greenwaste”) the Contractor shall move the Rejected
Greenwaste to its nominated disposal point for stockpiling to allow examination by the
Authority Representative.
9.3.3.2 The Authority Representative should be given 24 hours notice to inspect the Rejected
Greenwaste before it is moved from the stockpile and directed for disposal as Waste by
the Contractor.
9.3.3.3 Greenwaste will be weighed upon delivery to the relevant site, if any of that becomes
Rejected Greenwaste the weight of the Rejected Greenwaste will be set-off against the
total weight of the Greenwaste thereby producing a ‘net’ Greenwaste tonnage which
will be invoiced to the Authority.
The Rejected Greenwaste will then be disposed of as Waste and its tonnage added to
the tonnage of the next available delivery of Waste and invoiced accordingly.
9.3.3.4 If the Contractor or its employees decides (in either of the following circumstances) that
following the analysis of a partially composted stockpile it is uneconomical to complete
the composting process or the partially composted stockpile has become contaminated,
the Contractor shall direct it for disposal as Waste. The Authority Representative
should be given 24 hours written notice to inspect the condition of the partially
composted stockpile before it is directed for disposal as Waste by the Contractor.
18
CONTRACT CONDITIONS
10.
SPECIAL CONDITIONS
The Special Conditions set out in Schedule 2 shall form part of the Conditions
19
CONTRACT CONDITIONS
11.
TERMINATION
11.1
Either party may terminate the Contract by such period of notice in writing as is specified at
Schedule 1 Paragraph Sch 1.9 in Schedule 1 expiring at any time after the end of the Initial
Contract Period.
11.2
If the Contractor shall have offered, or given, or agreed to give to any person any gift, or
consideration of any kind as an inducement or reward for doing, or forbearing to do, or having
done or forborne to do any action in relation to the obtaining of the Contract, or any other
contract with the Authority, or for showing or forbearing to show favour, or disfavour, to any
person in relation to the Contract, or any other contract with the Authority, or if the like acts
shall have been done by any person employed by the Contractor, or acting on the Contractor's
behalf (whether with or without the knowledge of the Contractor), or if in relation to the
Contract, or any other contract with the Authority, the Contractor or any person employed by
the Contractor, or acting on the Contractor's behalf, shall have committed any offence under the
Prevention of Corruption Acts 1889 to 1916 or shall have given any fee or reward the receipt of
which is an offence under Sub-Section (2) of Section 117 of the Local Government Act 1972,
the Authority shall be entitled to terminate the Contractor's employment under the Contract and
without prejudice to sub-condition 11.4 to recover from the Contractor the amount of any loss
arising from such termination.
11.3
If the Contractor:-
11.3.1 commits an irremediable breach of any of its obligations under the Contract which has a
material effect on the performance of the Contract, or any other breach which it fails to remedy
in a way and a time to the satisfaction of the Authority Representative;
11.3.2 becomes bankrupt, or makes a composition or arrangement with its creditors, or has a proposal
in respect of its company for voluntary arrangement for a composition of debts, or scheme or
arrangement approved in accordance with the Insolvency Act 1986;
11.3.3 has an application made under the Insolvency Act 1986 to the Court for the appointment of an
Administrative Receiver;
11.3.4 has a Winding ~ Order made, or (except for the purposes of amalgamation or reconstruction) a
resolution for voluntary winding up passed;
11.3.5 has a provisional liquidator or receiver of its or business or undertaking duly appointed:
11.3.6 has an Administrative Receiver, as defined in the Insolvency Act 1986, appointed;
11.3.7 has possession taken, by or on behalf of the holders of any debentures secured by a floating
charge, of any property comprised in, or subject to, the floating charge;
11.3.8 is in circumstances which entitle the court or creditors who appoints, or has appointed, a
Receiver, a Manager, or Administrative Receiver, or which entitle the Courts to make a
Winding Up Order;
then in any one or more of such circumstances the Authority may, without prejudice to any
accrued rights or remedies under the Contract, terminate the Contractor's employment or such
parts thereof as the Authority may determine under the Contract by notice in writing having
immediate effect.
11.4
If the Contractor's employment is terminated as provided in sub-conditions 11.2 or 11.3 and is
not reinstated, the Authority shall subject to Condition 7.5.1 & 7.5.2:-
20
CONTRACT CONDITIONS
11.4.1 cease to be under any obligation to make further payments until the costs, loss and/or damage
resulting from or arising out of the termination of the Contractor's employment shall have been
calculated and provided such calculation shows a sum or sums due to the Contractor;
11.4.2 be entitled to repossess any of its materials, clothing, equipment, vehicles or other goods loaned
or hired to the Contractor and to exercise a lien over any of the materials, clothing, equipment,
vehicles or other goods belonging to the Contractor for any sum due hereunder or otherwise
from the Contractor to the Authority;
11.4.3 be entitled to employ and pay other persons to provide and complete the provision of the
Service or any part thereof including (without prejudice to the generality of the foregoing) the
institution or continuation of the employment of any stand-by contractor pursuant to Sub-
Condition 5.6;
11.4.4 be entitled to deduct from any sum or sums which would but for sub-condition 11.4.1 have
been due from the Authority to the Contractor under this Contract or any other contract or be
entitled to recover the same from the Contractor as a debt, any loss or damage to the Authority
resulting from or arising out of the termination of the Contractor's employment. Such loss or
damage shall include the reasonable cost to the Authority of the time spent by its officers in
terminating the Contractor's employment and in making alternative arrangements for the
provision of the Service or any part thereof and any additional cost to the Authority arising
under Paragraph 11.4.3 of this Condition 11;
11.4.5 when the total costs, loss and/or damage resulting from or arising out of the termination of the
Contractor's employment have been calculated and deducted so far as is practicable from any
sum or sums which would but for sub-condition 11.4.1 have been due to the Contractor, any
balance shown as due to the Authority shall be recoverable as a debt, or alternatively, the
Authority subject to Condition 12 shall pay to the Contractor any balance shown as due to the
Contractor.
11.5
The rights of the Authority under this Condition 11 are in addition to and without prejudice to
any other rights the Authority may have whether against the Contractor directly or pursuant to
any guarantee, indemnity or bond, and whether arising under this Contract or otherwise.
21
CONTRACT CONDITIONS
12.
RECOVERY OF SUMS DUE TO THE CONTRACTOR
Whenever under the Contract any sum of money shall be recoverable from or payable by the
Contractor to the Authority, the same may be deducted from any sum then due or which at any
time thereafter may become due to the Contractor under this Contract or any other contract with
the Authority.
22
CONTRACT CONDITIONS
13.
ASSIGNMENT AND SUB-CONTRACTING
13.1
The Authority shall be entitled to assign the benefit of the Contract or any part thereof and shall
give written notice of any assignment to the Contractor.
The. Contractor shall not without the previous written consent of the Authority, which consent
13.2
shall be in the discretion of the Authority and if given, shall not relieve the Contractor from any
liability or obligation under the Contract and the Contractor shall be responsible for the acts,
defaults or neglect of any sub-contractor, or assignee, its employees or agents in all respects as
if they were the acts, defaults or neglect of the Contractor, its employees or agents:-
(a)
assign the Contract or any part thereof or the benefit or advantage of the Contract or any
part thereof; nor
(b)
sub-contract the provision of the Service or any part thereof to any person
23
CONTRACT CONDITIONS
14.
PAYMENTS
The Contractor shall be paid the Contract Price for each tonne of waste pursuant to the
provision of the Service in accordance with the provisions of Schedule 9, and, where
appropriate, the hourly rate of opening specified at Particular 3 in Schedule 1, the additional
expenses specified in Schedule 15, and any additional payments in accordance with Schedule
17.
24
CONTRACT CONDITIONS
15.
AUDIT
The Contractor shall install and implement such apparatus and systems as the Authority
Representative may from time to time require to ensure the Authority is charged for and pays
only such amounts as it is obliged to do under the terms of the Contract. The arrangements set
out in Schedule 10 shall apply, save to the extent that they are replaced or amended by any such
requirement.
25
CONTRACT CONDITIONS
16.
MODIFICATIONS
16.1
The Authority Representative may at any time issue to the Contractor instructions in writing
(in this Condition referred to as a “Modification”) varying the Service whether by any increase,
reduction, type or composition, but no Modification under this Condition 16 shall have the
effect of changing the fundamental nature of the Service unless the Contractor agrees.
16.2
For the purposes of Schedule 9, the valuation of a Modification made pursuant to this Condition
16 shall, where appropriate, take the form of a variation of the Contract Price and shall be such
a percentage of the Contract Price as shall in the opinion of the Authority Representative fairly
and reasonably represent the percentage change in the costs and expenses of the Contractor
attributable to the Modification, but otherwise a fair sum having regard where possible to the
Contract Price.
26
CONTRACT CONDITIONS
17.
OWNERSHIP OF WASTE
As between the Authority and the Contractor, all waste or any other items delivered under the
Contract to the Contractor at any Delivery Point and deposited shall be deemed to be the
property of, and held at the entire responsibility of, the Contractor, and the Authority shall have
no claim over, nor any responsibility for, any such waste or items.
27
CONTRACT CONDITIONS
18.
CONFIDENTIALITY
18.1
The duties of each Party under this Condition 18 shall not apply to any information or material
to the extent that disclosure thereof is required or expressly permitted by the Contract, the other
Party gives its written consent, the information or material is in the public domain or comes
legitimately into the possession of the Party otherwise than pursuant to the Contract, the
disclosure is to an agent or subcontractor authorised under condition 13 provided that such
agent or subcontractor is subject to the same duty of confidentiality as the Contractor but shall
otherwise apply before, during and after the Contract Period.
18.2
The Contractor shall not and shall ensure that its members and employees do not make use for
its or their own purposes or disclose to any person any part of the Contract or any information
contained therein or any other information or material provided to the Contractor by the
Authority pursuant to the Contract, or which comes into its or their possession, in the course of
providing the Service.
18.3
The Authority shall not disclose to any person any information or material provided to the
Authority by the Contractor pursuant to the Contract which the Contractor declares to be
commercially sensitive information, and shall take such steps as are practicable to ensure that
no such commercially sensitive information shall be disseminated within its administrative
structure save to those persons who need to have access to it for the performance of their duties
as members, Officers, servants or agents of the Authority in connection with the Contract, and
that such persons are as few as possible.
18.4
Each Party shall indemnify and keep indemnified the other against all actions, claims, demands,
proceedings, damages, costs, charges and expenses whatsoever in respect of any breach by that
Party of this Condition 18.
28
CONTRACT CONDITIONS
19.
AGENCY
19.1
Neither the Contractor nor its employees shall in any circumstances hold itself or themselves
out as being, the servant or agent of the Authority, otherwise than in circumstances expressly
permitted by the Conditions.
19.2
Neither the Contractor nor its employees shall in any circumstance hold itself or themselves out
as being authorised to enter into any contract on behalf of the Authority or in any other way to
bind the Authority to the performance, variation, release or discharge of any obligation.
19.3
Neither the Contractor nor its employees shall in any circumstances hold itself or themselves
out as having, the power to make, vary, discharge or waive any by-law or any regulation of any
kind.
29
CONTRACT CONDITIONS
20.
QUALITY STANDARDS
20.1
Where an appropriate British Standards Specification or British Standard Code of Practice
issued by the British Standards Institution or any similar European Document is current, all
goods used or supplied an all workmanship shall, as a minimum requirement, be in accordance
with that standard, without prejudice to any higher standard required by the Contract.
20.2
The Contractor shall, in respect of any operation directly or indirectly connected with its
performance of its obligations under this Contract, institute, and permit the Authority
Representative to monitor, such quality assurance schemes as he shall determine, and the
provisions of Schedule 12 shall apply accordingly.
30
CONTRACT CONDITIONS
21.
AUTHORITY’S PREMISES AND EQUIPMENT
Where, under the terms of the Contract, the Contractor has the use of or access to any plant,
equipment, land or premises of the Authority the provisions set out in Schedule 11 shall apply.
31
CONTRACT CONDITIONS
22.
REPRESENTATIVES OF THE PARTIES
22.1
The Authority may from time to time appoint, remove and replace as the Authority
Representative either a named person or the holder of a named office. During such period as
there is no other appointment, the Head of the Paid Service of the Authority under the Local
Government and Housing Act 1989 shall be the Authority Representative for the purposes of
the Contract.
22.2
The Contractor shall appoint, and, if so required by the Authority Representative replace, a
named person of Senior Management Status within the Contractor's Organisation to act as the
Contractor’s Representative. Subject to the foregoing, the Contractor may remove and replace
the Contractor’s Representative as it deems fit, but so as to ensure that there is always a named
Contractor’s Representative in office.
22.3
The Authority Representative shall exercise the functions allocated to him under this Contract,
and the Contractor’s Representative shall, on behalf of the Contractor, but without prejudice to
the obligations of the Contractor to the Authority under the Contract, have complete
responsibility for all operations directly or indirectly connected with the performance by the
Contractor of its obligations under the Contract.
22.4
The Authority Representative and the Contractor’s Representative may from time to time each
appoint one or more representatives to act for each of them respectively either generally, or for
specified periods or purposes.
22.5
Each party shall immediately give note to the other respectively of any change in the identify
and address for service and telephone numbers of the Authority Representative and the
Contractor’s Representative, or any representative appointed under sub-condition.
22.4.
The Authority Representative and the Contractor’s Representative may from time to time each
appoint one or more representatives to act for each of them respectively either generally, or for
specified periods or purposes.
22.5
Each Party shall immediately give note to the other respectively of any change in the identity of
and address for service and telephone numbers of the Authority Representative and the
Contractor’s Representative, or any representative appointed under sub-condition 22.4
32
CONTRACT CONDITIONS
23.
ENVIRONMENTAL PROTECTION
The Contractor shall take the steps set out in Schedule 18 to ensure that the impact of any
operation of the Contractor in pursuance of its obligations under the Contract upon the
Environment is adequately and sufficiently considered, supervised, controlled and monitored.
33
CONTRACT CONDITIONS
24.
CIVIL DEFENCE AND EMERGENCIES
The Authority Representative may in accordance with suitable arrangements agreed between
the Parties to avoid unnecessary and undue disruption of the operations of the Contractor at any
time require any of the staff of the Contractor engaged directly or indirectly in the provision of
the Service to:-
a) take part in training with, or give assistance and support in the training of the staff of the
Authority or any other local authorities or any other organisations to enable the Authority to
fulfil its functions in connection with civil defence or dealing with the risk or consequences
of any emergency or disaster, whether war time or civil; and
b) give such assistance as the Authority Representative may require in dealing with such risk
or consequences.
34
CONTRACT CONDITIONS
25.
NOTICES
Any demand, notice, or other communication required to be given under the Contract shall be
sufficiently served if served personally on the addressee, or if sent by pre-paid first class
recorded delivery post, by telex, electronic mail or facsimile transmission to the registered
office or last known address of the party to be served therewith and if so sent 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 beg without
prejudice to the validity of any other equally effective method of service. Service on any
Representative appointed under Condition 22 shall be deemed for the purposes of this
Condition 26 to be validly served on the party who appointed that Representative.
35
CONTRACT CONDITIONS
26.
WAIVER
Failure by the Authority at any time to enforce the provisions of the Contract or to require
performance by the Contractor of any of the provisions of the Contract shall not be construed as
a waiver of or as creating an estoppel in connection with any such provisions and shall not
affect the validity of the Contract or any part thereof or the right of the Authority to enforce any
provision in accordance with its terms.
36
CONTRACT CONDITIONS
27.
DISPUTES AND ARBITRATION
27.1
The parties will use their best endeavours to resolve by agreement any dispute, difference or
question between them with respect to any matter or thing arising out of or relating to the
Contract, including a reference to conciliation by an independent person to be agreed between
the parties, or in the case of failure to agree, by a representative of a professional body
appropriate in the circumstances of the case. Such an independent person shall be given all
information and assistance by the parties in carrying out his duties, and may be given by
agreement between the parties the duty to recommend or approve terms of settlement between
the parties.
27.2
Any dispute, difference or question between the parties to the Contract with respect to any
matter or thing within the expertise of a technical expert arising out of or relating to the
Contract which cannot be resolved under sub-condition 27.1 shall at the instance of either party
be referred to a person agreed between the parties, or, in default of agreement within 7 days of
notice from either party calling on the other so to agree, to a person chosen on the application of
either party by the Chairman for the time being of the Chartered Institute of Arbitrators as
having the appropriate expertise. Such person shall be instructed to reach his decision as soon
as reasonably practicable. Such a person shall be appointed as expert and not as arbitrator and
his decision shall be final and binding. The costs of such expert shall be borne equally by the
parties unless the expert shall decide one party is acting or has acted unreasonably, in which
case he shall have discretion as to costs. Each party shall bear its own costs.
27.3
Any dispute, difference or question between the parties to the Contract with respect to any
matter or thing arising out of or relating to the Contract which cannot be resolved by
negotiation or conciliation under sub-condition 27.1 but is not within the scope of sub-condition
27.2, including a dispute as to whether any such dispute, difference or question does fall within
the said scope shall be referred to arbitration under the provisions of the Arbitration Acts 1950
to 1979 or any statutory modification or re-enactment thereof by a single arbitrator to be
appointed by agreement between the parties or in default of agreement by the Chairman for the
time being of the Chartered Institute of Arbitrators.
37
CONTRACT SCHEDULES
SCHEDULE 1
CONTRACT PARTICULARS
Sch 1.1
Contract Period
- A period commencing on the THIRTY FIRST day of
JULY 1998 and continuing unless terminated in
[Sub-Conditions 1.1.9, 3.1.1
accordance with the provisions Condition 11 of this
and 3.2.1]
Contract
Sch 1.2
Hours of Opening
- As Schedule 3.6.1
[Schedule 3, Paragraph Sch
3.6.1]
Sch 1.3
Cost per hour of Emergency
Section 43 Commercial Interest
or extended Opening
[Schedule 3, Paragraph Sch
3.6.4]
Sch 1.4
Index
- The RPI Index as defined in Schedule 13 para Sch 13.1.
[Sub-Condition 1.1.20]
Indexation date to be as stated in Condition 1.1.20
Sch 1.5
Limit of Liability
- £2,500,000
[Sub-Condition 7.5.1]
Sch 1.6
Intervals between Meetings of
- Quarterly or as required
Representatives
[Sub-Condition 3.4.4]
Sch 1.7
Interest on Late Payments
See Schedule 9 Paragraph Sch 9.9.3
Sch 1.8
Initial Contract Period
That part of the Contract Period ending on the day before
the tenth anniversary of the Commencement Date
[Sub-Condition 1.1.9 &
Clause 11.]
Sch 1.9
Notice Period
Not less than two years
[Sub-Condition 11.1]
38
CONTRACT SCHEDULES
SCHEDULE 1
CONTRACT PARTICULARS
Sch 1.10
Estimated Total Waste Arising & Agreed Contract Prices for the Disposal of these Arisings (Excluding Landfill Tax):
Estimated Tonnages of all Waste to be
Area To be Served
Disposal Point
Price April 2002 – March 2003
Contracted
East Devon District
ETS / Hillhead
42100
Section 43 Commercial Interest
Exeter City
ETS
43400
Section 43 Commercial Interest
Mid Devon District
Punchbowl / Hillhead
27900
Section 43 Commercial Interest
North Devon District
Deep Moor
34300
Section 43 Commercial Interest
South Hams
Chelson Meadow
28200
Section 43 Commercial Interest
Teignbridge District
Heathfield
30000
Section 43 Commercial Interest
Torridge District
Deep Moor
23600
Section 43 Commercial Interest
West Devon Borough
Combebow
24100
Section 43 Commercial Interest
Signed
: …………………………………………………………………………….
On behalf of
: Devon Waste Management Limited
Date
: 31 July 1998
39
CONTRACT SCHEDULES
SCHEDULE 1.
CONTRACT PARTICULARS
Sch 1.11
Cost of Variations in Intake
Variations between plus or minus (+ or -) 5% of the Estimated Total Waste Arisings will
be paid at the Standard Cost per Tonne indicated in Schedule 1 Clause Sch 1.10 above.
The table below indicates the total cost per tonne (based on tendered rates) including all
and any premium required to dispose of wastes arising within the following variation
bands.
Cost per Tonne of Disposal:
District
-20%
-15%
-10%
-5%
+5%
+10%
+15%
+20%
to
to
to
to
to
to
to
to
-25%
-20%
-15%
-10%
+10%
+15%
+20%
+25%
East Devon District
Exeter City
Mid Devon District
North Devon District
South Hams District
Teignbridge District
Torridge District
West Devon District
Variations are to be assessed initially at month 8 of any contract year and the price adjusted accordingly
where necessary to reflect the anticipated total intake for that year. Variations will be calculated each
year from the Estimated Tonnage of all waste to be contracted as set Out in Clause Sch 1.8. Final
adjustment of the annual payment for each year will be made at month 12 when the actual tonnage
disposed of in that year is realised.
The cost per tonne to be paid for variations in intake in any year beyond +25% or - 25% will be the
subject of negotiation between the contractor and the Waste Disposal Authority. If a rate cannot be
agreed then the rate will be determined under condition 27 (Disputes and Arbitration).
Signed
………………………………………
On behalf of
Devon Waste Management Limited
Date
31 July 1998
40
CONTRACT SCHEDULES
SCHEDULE 1
CONTRACT PARTICULARS
Sch 1.12
Estimated Total Greenwaste (in tonnes) & Contract Prices (in £ per tonne) for the Processing of Greenwaste within Districts
Annual Total Tonnages of all Greenwaste
Price August -March 2003
Contracted
Area To be Served
Delivery Point
2002-03
Processing of Greenwaste
East Devon District
ETS / Sutton Barton
7878
Section 43 Commercial Interest
Exeter City
ETS
2573
Section 43 Commercial Interest
Mid Devon District
Punchbowl / ETS
1433
Section 43 Commercial Interest
North Devon District
Deep Moor
3689
Section 43 Commercial Interest
South Hams
Chelson Meadow
760
Section 43 Commercial Interest
Teignbridge District
Bickley Ball / ETS
4919
Section 43 Commercial Interest
Torridge District
Deep Moor
1720
Section 43 Commercial Interest
West Devon Borough
Chelson Meadow / ETS
1449
Section 43 Commercial Interest
TOTAL:
24421
Signed
: ………………………………………………………………………….
On behalf of
: Devon Waste Management Limited
Date
: 1 April 2002
41
CONTRACT SCHEDULES
SCHEDULE 1.
CONTRACT PARTICULARS
Sch 1.13
Cost of Variations in Intake
Variations between plus or minus (+ or -) 5% of the Estimated Total Greenwaste will be
paid at the Standard Cost per Tonne indicated in Schedule 1 Clause Sch 1.12 above.
Contractors must indicate below the total cost per tonne including all and any premium
required for the provision of service arising within the following variation bands.
Cost per Tonne for Provision of Service
District
-20%
-15%
-10%
-5%
+5%
+10%
+15%
+20%
to
to
to
to
to
to
to
to
-25%
-20%
-15%
-10%
+10%
+15%
+20%
+25%
East Devon District
Exeter City
Mid Devon District
North Devon District
South Hams District
Teignbridge District
Torridge District
West Devon District
Variations are to be assessed initially at month 8 of any contract year and the price adjusted accordingly
where necessary to reflect the anticipated total intake for that year. Variations will be calculated each
year from the Estimated Tonnage of all Greenwaste to be contracted as set Out in Clause Sch 1.8. Final
adjustment of the annual payment for each year will be made at month 12 when the actual tonnage
disposed of in that year is realised.
The cost per tonne to be paid for variations in intake in any year beyond +25% or - 25% will be the
subject of negotiation between the contractor and the Waste Disposal Authority. If a rate cannot be
agreed then the rate will be determined under condition 27 (Disputes and Arbitration).
Signed
………………………………………
On behalf of
Devon Waste Management Limited
Date
1 April 2002
42
CONTRACT SCHEDULES
SCHEDULE 2
DESCRIPTION OF SERVICE
Sch. 2.1
Waste Disposal
Sch 2.1
The disposal of the controlled waste collected in the area of the Authority by the Waste
Collection Authorities therein pursuant to their functions as such of the descriptions
mentioned in paragraph 2.4.
Sch 2.2
The disposal of waste generated by the Authority as
a result of activities of the descriptions
mentioned in paragraph 2.4.
Sch 2.3
The disposal of waste acquired by the Authority of the descriptions mentioned in paragraph
2.4.
Sch 2.4
Subject Wastes
The following controlled wastes will be accepted under the contract and must also be
permitted under any proposed facility(s) Waste Disposal Licence.
Wastes described in the Environmental Protection Act 1990 Section 51(1) and (3) namely:-
a) household and commercial waste collected by any of Devon's WCAs;
b) household waste deposited at authorised reception points by persons resident in Devon;
c) controlled waste deposited by others at such authorised points with the WDAs consent;
d) Authorised wastes collected by the WCAs with the WDAs consent pursuant to the
Environmental Protection Act 1990 Sections 45(2) 89(1) (a) and (c) and 92(9);
e) Material collected by the WCA as a function of street sweepings of rural roads classed
as Domestic Waste (drained of all road liquors and specifically excluding such
potentially polluted leafy material collected from Town or City;
f) Greenwaste deposited at authorised reception points by persons resident in Devon;
g) Source separated kerbside organic waste.
43
CONTRACT SCHEDULES
SCHEDULE 3
SERVICE PROVISION – DUTY OF CONTRACTOR
Sch 3.1
The Contractor shall provide an efficient, cost effective and reliable Service.
Sch 3.2
The Contractor shall provide Delivery Points at which the Authority and the Waste
Collection Authorities may deliver their waste in such numbers and at such locations as the
Authority Representative may approve to avoid any financial liability falling on the
Authority, and shall maintain and operate the Delivery points in a safe and convenient
condition and method to the satisfaction of the Authority Representative.
Sch 3.3
The Delivery Points shall contain such plant, equipment and facilities by way of access
roads, gates, weighbridge controlled entrances, disposal or transfer points, vehicle washing
facilities, toilets for drivers of waste collection vehicles as the Authority Representative shall
from time to time direct.
Sch 3.4
The Contractor shall ensure that all vehicles in which waste is delivered to any Delivery
Point are unloaded promptly and their movements onto, in and out of the Delivery Points is
expedited.
Sch 3.5
The Contractor shall make available at each Delivery Point a Complaints Book for the use of
persons delivering waste to the Delivery Point to the satisfaction of the Authority
Representative. In the event of a complaint about the Contractors Service the Contractor’s
Representative will co-operate with the Authority Representative in order to rectify the
situation. The Authority Representative shall have the right to visit the Contractor's sites to
examine the substance of such complaints.
Sch 3.6
The Delivery Points shall be open for the reception of waste during the hours stated at
Particular Sch 1.2 in Schedule 1.
The types of opening times applicable are as follows:-
Sch 3.6.1
Opening Times (Normal Weekly)
The Authority's minimum requirements to receive WCA collections will be:-
Week days : Monday to Friday 0800 - 1630
Saturdays 0800 - 1230
Sch 3.6.2
Additional Opening Requirements (Normal Working)
Under normal circumstances the WCA's will require additional opening times to be worked.
This could include normal day extended hours, Saturday and/or Sunday working (i.e. after
Bank Holidays or to cater for litter and late collections) and possibly Bank Holiday working.
Household waste recycling centre contractors and Civic Amenity Skip Service Hauliers, to
be appointed under separate contracts, may also require additional late night and weekend
opening for the reception of wastes hauled by them to the designated sites for disposal of
residues etc.
The Contract has been let on this basis and has allowed within the Standard Cost Per Tonne
for up to 65 hours of such additional opening per annum / per district at no extra cost to the
Authority. Extended opening hours in excess of the above 65-hour allocation will be paid for
at the emergency opening hour rate. Schedule 1 Clause Sch. 1.3 refers.
44
CONTRACT SCHEDULES
Sch 3.6.3
Additional Opening Requirements (Industrial)
If the WCA's collection contractor(s) require other opening times in order to pursue
collections outside of their contract with the WCA, this would be outside the scope of this
contract and would be the subject of independent negotiation between the two contractors
concerned.
Sch 3.6.4
Additional Opening Requirements (Emergencies)
In the event of any emergency arising, the Contractor may be required to open and operate
the site at anytime to receive any materials for which the site is licensed under the direction
of the WDA or the WRA. Such arrangements will be subject to special rates as stated in
particular Sch 1.3 of Schedule 1 in respect of each Delivery Point.
Sch 3.7
On or before the commencement of the Contract Period, the Contractor will prepare,
publish, implement and enforce Rules governing the actions of all persons delivering waste
to any Delivery Points, and thereafter amend and update such Rules all to the satisfaction of
the Authority Representative, and the Authority shall take such steps, as it reasonably can, at
the request of the Contractor, to ensure that such Rules are observed.
Sch 3.8.1
The Contractor will be required neither to pay nor to levy any charges on the District
Councils, their contractors or their agents for the collection/reception of/or disposal of any
waste, disposed of as part of this Contract. Any such charges will be the responsibility of the
Authority representative and the Authority.
Sch 3.8.2
Health & Safety
(a) The Contractor and any sub-contractor shall at all times take such precautions as are
necessary to protect the health and safety of all persons employed by it or otherwise
entitled to be at the site of any work being carried out under this Contract, and shall
comply with the requirements of the Health and Safety at Work etc Act 1974. (The
Health & Safety at Work Act).
(b) In taking such precautions the Contractor shall ensure that its employees and sub-
contractors adopt working practices complying with, or improving upon, the
Authority's Safe Working Practices as set out in the Contract Documents.
(c) The Contractor shall supply a copy of its general statement of Safety Policy to the
Authority, for approval, prior to the commencement of the Contract, and shall review
its policy and safe working procedures whenever necessary in the light of changing
legislation or working practices, and shall inform the Authority representative of any
consequent revisions.
(d) The Contractor shall nominate a person to be responsible for the Health and Safety
matters as required by the H & S at W Act. Whilst on Authority owned premises the
Contractor shall require its employees to comply with the lawful requirements of the
Authority's Safety Adviser. The Contractor shall provide and maintain, at all its
premises, an Accident Book.
45
CONTRACT SCHEDULES
Sch 3.8.3
Inclement Weather & Emergency Work
(a) If in the opinion of the Authority Representative, the weather, or conditions on any day
or part of a day are so severe as to make Provision of the Service impracticable, then if
requested by the Contractor, the Authority representative may agree to suspend the
Service, in whole or in part, for that day or part of a day. The Contractor will, however,
be required to resume the Service as soon as possible and at its own expense make good
any part of the Service omitted because of that inclement weather. No additional
payments will be made to the Contractor in respect of any additional expenses it may
incur in complying with this requirement.
(b) The Contractor shall notify the Authority Representative at the end of each day when
the Service may have been delayed by inclement weather the extent of the delay and its
proposals to recover such delay, a record of such delays and remedial actions taken are
to be submitted weekly to the Authority Representative in writing, such records may be
used or rejected by the Authority Representative if considered inappropriate in any
assessment of non performance, inclement weather will not be accepted as an excuse
for not achieving the specified standards where the Service has not been provided.
(c) The Contractor shall, however, retain its resources for emergency works that might be
required throughout this period. Such work may include snow clearance, gritting,
debris removal, the filling and distribution of sand bags, etc. Payment for this work
will be at the appropriate hourly Rate within Schedule 15.
(d) If required by the Authority Representative the Service may be suspended in whole or
in part as required in order that the Contractors supervision, workforce and plant be
used to assist in a Civil Emergency, Flood Prevention, Oil Pollution Incident or other
disaster or training for such an event. Such instruction may be issued at short notice
either during or outside working hours (i.e.. night time, weekends, or public holidays)
to which the Contractor and its workforce must respond, the Contractor must maintain,
in a secure keysafe on the Contractors premises, a duplicate set of keys for each item of
plant which shall be readily accessible in cases of emergency. Payment for attending
shall be at the hourly Rates within Schedule 15. When instructed the Contractor shall
resume the disposal Service, Payment for catching up with omitted parts of the Service
will be agreed by the Authority representative using the Tonnage Rates within Schedule
1 Clauses Sch 1.8 and 1.9 and additional opening hourly rate Schedule 1 Clause Sch 1.3
as applicable.
Sch 3.8.4
Nuisance and Damage
(a)
The performance of the Service shall be carried out in a reasonable manner without
causing nuisance, damage or unreasonable noise or disturbance. The Contractor shall
indemnify the Authority from and against any liability for damages on account of any such
noise, nuisance, damage or disturbance whilst performing the Service and from and against
all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in
regard or in relation to such liability.
(b)
All operations necessary for the purposes of the Contract shall so far as compliance
with the requirements permits be performed so as not to interfere unnecessarily with the
public use of or access of the public to private roads and footpaths or of properties whether
in the possession of the Authority or of any other person and the Contractor shall indemnify
the Authority in respect of all claims, demands proceedings, damages, costs, charges and
expenses whatsoever arising out of or in relation to any such matters.
(c)
Subject to and without prejudice to any other provision of the Contract the
46
CONTRACT SCHEDULES
Contractor shall take all reasonable precautions:-
(i)
in connection with any rivers, streams, waterways, drains, watercourses, lakes and
the like to prevent pollution of the waters so as to adversely affect the quality or appearance
thereof, silting or erosion of their banks, or cause death or injury to any animal, fish, bird or
plant life.
(ii)
in connection with underground water resources (including percolating water) to
prevent any interference with the supply or abstraction from such sources, or pollution of the
water so as to affect adversely the quality or appearance thereof.
Sch 3.8.5
Premises
(a)
The Contractor shall at all times during the Contract Period provide and maintain an
operating base within the locality and such premises as are necessary for the proper
execution of the Service. Such premises shall contain an office which will be permanently
manned with competent staff during normal working hours of the Authority representative's
staff. Such premises must comply with the provisions of the Offices, Shops and Railway
Premises Act - 1963.
(b)
Prior to the. commencement of the Contract, the Contractor shall provide to the
Authority a schedule of all premises to be used in the execution of the Service. Any change
to the schedule shall be notified in writing to the Authority representative no later than 21
days before the proposed change, subject to the Authority representative's approval, takes
place.
(c)
The Contractor shall permit the Authority representative or his representatives
access to all premises, at all times, used for the execution of the Service.
Sch 3.8.6
Staffing
(a)
The Contractor shall at all times during the entire Contract Period employ sufficient
persons of sufficient abilities and skills for the proper performance of the Services. The
Authority would not normally expect persons under 18 years or over 65 years of age to be
employed on the Service.
(b)
The Contractor shall maintain an adequate organisation within the Location at all
time during the Contract Period and employ competent supervisors who are fully
experienced in the whole of the operations of the Service who shall supervise the
performance o~ the Service in a proper and continuous manner arid to whom directions may
be given by the Authority representative.
(c)
The and the Contractor shall ensure that its supervisors have access to are fully
conversant with the contract documents relating to tasks being undertaken.
(d)
The Contractor shall notify the Authority representative of the names and telephone
numbers of all its authorised supervisors who shall be required to maintain contact as
required by the Authority representative or his representatives.
(e)
The Authority representative shall be at liberty to object to and require the
Contractor to remove from the performance of the Service or to discipline any person
employed by the Contractor who in the opinion of the Authority representative misconducts
himself or is incompetent to carry out the Service or persists in any conduct which is
prejudicial to health or safety. The Contractor will be informed in writing of any action
required against an employee and in the case of any employee removed from the
47
CONTRACT SCHEDULES
performance of the Service such person shall not be re-employed in connection with this or
any other similar Contract with the Authority without the written permission of the
Authority representative. The Authority shall in no circumstances be liable either to the
Contractor or the employee in respect of any liability, loss or damage occasioned by such
removal or disciplinary action and the Contractor shall on demand fully and promptly
indemnify the Authority against any claims made by such employee.
(f)
The Contractor shall at all times be responsible for the payment of all income or
other taxes, National Insurance contributions or levies of any kind, relating to or arising out
of the employment of any person employed by the Contractor and shall fully and promptly
indemnify the Authority in respect of any liability of the Authority in respect thereof.
Sch 3.8.7
Vehicles, Plant and Machinery
(a) The Contractor shall at all times and during the Contract period provide and maintain
all such vehicles, plant, machinery and equipment (hereinafter referred to as the Plant)
as are necessary for the proper performance of the Service, including for such items of
plant to be held in reserve as cover for breakdowns or availability of regular plant.
(b) The Contractor shall at its own expense keep all plant employed in the performance of
the Service at all times in good and serviceable repair in accordance with Statutory
Regulations and in such condition as to commensurate with the proper performance by
the Contractor of its obligations under the Contract.
Vehicles used on the Contract shall comply with the relevant Construction and Use
Regulations and be of a design, which is entirely suitable for the performance of the
Contract.
(c) Operation of the plant shall be carried out in a workmanlike manner without causing
danger, unnecessary obstruction or annoyance to the public. In particular the
Contractor shall ensure that the Provisions of the Road Traffic Act, Construction and
Use Regulations, H & S at W Act and the Highway Code are observed and that
vehicles are not operated in an overloaded condition the Contractor shall comply with
any request by the Council to test and certify on a public weighbridge the unladen tare,
gross vehicle or gross train weight and maximum axle loadings within which the
Contractor must comply for any vehicle being used by the Contractor in the execution
of the Service.
(d) The Contractor shall comply with all and any restrictions on vehicle usage at any waste
disposal facility whether such restrictions arise from planning or other regulatory
requirement or arise from the capacity or position of the site and the nature of the
access thereto.
(e) The Contractor shall ensure that at all times the relevant operators and driving licences
are obtained and valid appropriate to the class of plant or vehicle being operated by the
operator or driver.
(f) The Contractor shall at all times be fully responsible for the licensing and all payments
of all licence fees, taxes and insurances required in connection with or arising out of the
possession or use of all plant employed in the performance of the Contract.
(g)
The Contractor shall allow the Authority representative all reasonable facilities and
assistance to inspect any item of plant used by the Contractor in the provision of the Service
and shall not use any such item which in the opinion of the Authority representative does not
comply with the requirements of the Contract, until such time as the Authority
representative certifies that such plant does so comply.
48
CONTRACT SCHEDULES
Sch 3.8.8
Wastes not Acceptable under the Contract
Other than wastes of such categories specifically authorised by the Authority no industrial
waste, waste originating outside the Location, District Council or County Boundary as
defined in the Specification of the Services, nor waste collected by the Contractor on its own
behalf outside the collection requirements of this Contract (all of which said wastes will be
referred to hereinafter as Uncontracted Wastes) shall be mixed with the wastes required to
be disposed of by this Contract.
Sch 3.8.9
Code of Practice for
Users
On or before the commencement of the Contract Period, the Contractor will prepare, and
when approved by the Authority Representative, publish, implement and enforce a Code of
Practice for Users. This will regulate the delivery of waste to Sites, and such a Code of
Practice shall be amended or updated to the satisfaction of the Authority Representative.
Continual or persistent failure of the Authority's clients to observe the Code of Practice must
be reported to the Authority for action.
49
CONTRACT SCHEDULES
SCHEDULE 4
NOT USED
50
CONTRACT SCHEDULES
SCHEDULE 5
FORM OF BOND
FORM OF PERFORMANCE BOND
THIS AGREEMENT is made the
day of
20
Between
of
(the “Surety”) of the first part and
of
(the “Contractor”) of the second part
WHEREAS:-
1.
This Agreement is supplemental to an agreement dated the day of 20
and made between Devon County Council (the “Authority”) of the one part
and the Contractor
of the other (the “Contract”) whereby the
Contractor undertook to carry out certain works and/or provide certain
Services as described in the contract.
2.
The Surety has agreed to guarantee the due performance of the Contract in
the manner hereafter appearing.
NOW THE SURETY hereby agrees with the Authority as follows:-
1.
If the Contractor shall in any respect commit any breach of any of its
obligations under the Contract the Surety will indemnify the Authority
against all losses, damages, costs and expenses incurred by the Authority by
reason of any default by the Contractor in performing and observing the
obligations on its part contained in the Contract up to the sum of
pounds which sum shall be increased each year on the anniversary hereof in
accordance with the change in the Retail Price Index.
51
CONTRACT SCHEDULES
SCHEDULE NO 5
Continuation Sheet 1
2.
The Surety shall not be discharged from this guarantee by any arrangement
made between the Contractor and the Authority without the consent of the
Surety or by any alteration in the obligations undertaken by the Contractor or
by any forbearance by the Authority whether as to payment, time,
performance or otherwise.
IN WITNESS whereof the Surety and the Contractor have caused their respective Common Seals to be
hereunto affixed the day and year first before written.
THE COMMON SEAL OF ]
]
]
]
was hereunto affixed]
in the presence of:-]
Director
Secretary
THE COMMON SEAL OF ]
]
]
]
was hereunto affixed]
in the presence of:-]
Director
Secretary
52
CONTRACT SCHEDULES
SCHEDULE 6
FORM OF GUARANTEE
THIS DEED OF GUARANTEE is made the
day of
20
BETWEEN
“the Guarantor” whose
Registered Office is at
of the one part and
DEVON COUNTY COUNCIL “the Council” of County Hall, Topsham Road, Exeter, of
the other part.
WHEREAS
(1)
“
“
whose
Registered Office is at
has executed on the
day of
20
an
Agreement (“the Contract”) with the County Council of Devon for
and the Council has executed the
Contract in consideration inter alia of
procuring this Deed by the Guarantor.
(2) The Guarantor is the ultimate holding company of
(3) The Guarantor agrees to guarantee the performance by
of its obligations under the Contract in accordance with the terms and conditions hereinafter appearing.
NOW THIS DEED WITNESSES as follows:
1
In consideration of the Council agreeing to enter into the Contract with
the Guarantor guarantees to the Council
punctual true and faithful performance and observance by
of all the obligations terms and conditions on its part to be performed and observed under the terms of the
Contract and any extension or amendment thereof and binds itself properly to perform and observe or
cause to be
53
CONTRACT SCHEDULES
SCHEDULE NO 6
Continuation Sheet 1
performed and observed any such obligations, terms and conditions of
which
shall fail to perform and observe.
2
The Guarantor hereby agrees to indemnify and keep indemnified the Council against all losses
damages costs and expenses which may be incurred by the Council by reason or in consequence and any
failure by
punctually truly and faithfully to perform and observe all or any of the obligations
terms and conditions on its part to be performed and observed under the terms of the Contract and any
extension or amendment thereof.
3
The Guarantee and Indemnity hereby given shall not in any way be discharged nor the liability of
the Guarantor hereunder effected by any alteration to or variation of the Contract or by any time or any
other indulgence granted to
by the Council or by the release of
by operation of law and if this Guarantee
and Indemnity shall not operate for any reason as a Guarantee the Guarantor shall nevertheless be liable
as principal in respect of the Indemnity.
4
This Deed shall be governed by and construed in accordance with English law.
IN WITNESS whereof the parties hereto have caused their respective Common Seals to be hereunto
affixed the day and year first above written.
THE COMMON SEAL OF ]
]
]
was hereunto affixed]
in the presence of:-]
Director
Secretary
54
CONTRACT SCHEDULES
SCHEDULE 7
FORM OF STAND BY CONTRACT
This Contract is made the
day of
20 between
(“the Authority”) of the first part
(“the Contractor”) of the second part and
(“the Standby Contractor”) of the third part.
WHEREAS: -
(1)
The Authority and the Contractor have entered into a contract dated
the
day of
20 for the provision of a Waste
Disposal Service by the Contractor to the Authority (“the Main Contract”).
(2)
The Standby Contractor is willing to perform such Service or any part thereof in accordance with
the provisions of the Main Contract for such period and to such extent, if any, as the Authority
Representative may require under Clause 2 hereof on the terms hereinafter stated.
NOW IT IS AGREED between the parties as follows:-
Sch 7.1 This Contract constitutes the sole contract or agreement between the Authority and the Standby
Contractor for the performance by the Standby Contractor of the said Service.
Sch 7.2 The Authority Representative may at any time require the Standby Contractor to provide all or
such part of the Service for such period as he shall reasonably determine having regard to the
likelihood of the Contractor being able and willing to carry out its obligations under the Main
Contract and any other relevant circumstance.
Sch 7.3 The Standby Contractor shall be paid by the Authority such sums, and no others, as are stated in
the Appendix hereto.
Sch 7.4 This Contract is supplemental to the Main Contract, and, save as provided expressly or implied
in this Contract all terms and words used in this Contract shall bear the same meaning as in the
Main Contract.
Sch 7.5 Subject to the provisions of this Contract, the provisions of the Main Contract shall apply to the
Standby Contractor as if it were the Contractor as if it were the Contractor.
55
CONTRACT SCHEDULES
APPENDIX TO SCHEDULE 7
(i)
During the Contract Period, the Standby Contractor shall be paid the sum of £
on the last day
of each calendar month by way of standby fee.
(ii)
The Standby Contractor shall tonne of waste disposed of by as is set out in Paragraph (v)
be paid such sum or sums per it on behalf of the Authority of this Appendix.
(iii) The sum payable under Paragraph (1) of this Appendix shall be subject to the variations mentioned
in Sub-Paragraphs 9.2 and 9.3 of Schedule 9 of the Main Contract and the provisions of Schedule 9
shall apply accordingly.
(iv) The sum payable under Paragraph (ii) of this Appendix shall be subject to variations calculated in
the same way as in the Main Contract.
(v)
[Here set out the same descriptions of waste as in Schedule 2 of Main Contract, and a price per
tonne against each one].
56
CONTRACT SCHEDULES
SCHEDULE 8
SPECIAL CONDITIONS
Sch 8.1 Default
If the Contractor shall fail to provide to the Contract Standard any part of the Service at any
time when the same should have been provided under the terms and conditions of this Contract
and, in the case of a failure capable of remedy, shall not remedy the same within such time as
may be notified by the Authority Representative (such notification to be in writing if time
permits) then without any prejudice to any other right or remedy which the Authority may
possess in respect of such failure the Authority may:-
(a) without determining the whole of this Contract Agreement determine this Contract
Agreement in respect of such part of the Service only and thereafter itself provided or
procure the provision of such part of the Service and/or
(b) without determining this Contract Agreement in whole or in part deduct from any sum
payable to the Contractor such proportion thereof as is considered fair and reasonable by
the Authority Representative having regard to the extent and period of the relevant failure
and to the terms of this Contract Agreement.
(c) The remedies of the Authority under the terms of this clause items (a) to (d) may be
exercised successively in respect of any given default by the Contractor.
(d) The Authority may charge the cost of any Service provided or procured by it under the
terms of this clause (a) to (e) together with an administration charge equal to 10% of the
cost of such Service to the Contractor.
(e) Recover from the Contractor any additional costs incurred by the Authority including (but
without prejudice to the generality of the foregoing).
i)
Any additional costs to be paid to any Waste Collection Authority arising out of any
alteration to their arrangements;
ii) Any additional costs in making alternative arrangements for a substituted Service.
as a result of such events and the Contractor shall not be entitled to any additional
payments for dealing with any backlog.
For the purpose of this paragraph Sch. 8.1. a failure shall be capable of remedy if the party who
has committed the failure can comply with the matter in all respects other than as to the time of
the performance.
Sch 8.2 Employment of Existing Staff
NOT USED
57
CONTRACT SCHEDULES
Sch 8.3 Gratuities
The Contractor shall not whether by itself or by any person employed by it to perform the
Service, solicit any gratuity or tip or any form of taking money or reward, collection or charge
for any of the Service other than bona fide Charges approved by the Authority.
Sch 8.4 Indemnities and Insurance
(a) The Contractor shall indemnify and keep indemnified throughout the Contract Period the
Authority against all claims demands proceedings costs charges and expenses in respect of
or in connection with death or injury to or of any person (including any person employed
by the Contractor or any subcontractor) or damage to property real or personal (including
property belonging to or in the possession of a person or persons employed by the
Contractor or any subcontractor) happening consequent upon or in connection with the
carrying out of the Contract. Provided always that this indemnity shall not apply where the
death or injury of any person or damage to property real or personal results from any act or
default of the Authority, their servants, agents or other contractors (not being employed
by the Contractor)
(b) Insurance against injury, loss or damage to persons or property.
Throughout the period of the Contract the Contractor (but without limiting its obligations
and responsibilities under Sch 8 4(a) shall insure against any damage, loss or injury which
may occur to any property or to any person by or arising out of the performance of the
Service or in carrying out the Contract. The Contractor shall notify the Authority
representative as soon as possible, but not later than within seven days, of any claim,
demand or proceedings and to supply such particulars or details thereof as the Authority
representative shall reasonably require.
Such insurance shall be effected with an insurer and in terms approved by the Client (which
shall not be unreasonably withheld) for at least the sum of Five million Pounds Sterling
(£5,000,000) or such other sum as the Authority representative shall from time to time
determine.
The terms shall include a provision whereby in any event of any claim in respect of which
the Contractor would be entitled to receive indemnity under the policy being brought or
made against the Authority the Insurer will indemnify the Authority against such claims
and any costs, charged and expenses in respect thereof.
(c) Accident or injury to workmen.
The Authority shall not be liable for or in any respect of any damages or compensation
payable at law in respect of in any consequence of any accident or injury to any
workman/workmen or other person in the employment of the Contractor or any sub-
contractor save and except to the extent that such accident or injury results from or is
contributed to by any act or default of the Authority its agents or servants and the
Contractor shall indemnify and keep indemnified the Authority against and shall take out
insurance to the satisfaction of the Authority representative against all such damages and
compensation (save and except as aforesaid) and against all claims, demands, proceedings,
costs, charges and expenses whatsoever in respect thereof or in relation thereto.
58
CONTRACT SCHEDULES
(d) Insurance of premises, plant and materials.
The Contractor shall whenever required produce evidence to the entire satisfaction of the
Authority representative that premises occupied and plant, vehicles and materials used by
the Contractor for the purposes of this Contract are insured to their full value.
(e) Any such insurance shall be effected with an insurer who is subject to English Law and in
terms approved by the Authority (which shall not be unreasonably withheld)
(f) The Contractor shall whenever required produce to the Authority representative the policy
or policies of such insurance and the receipt/s for the payment of the current premium/s.
(g) If the Contractor fails to effect and keep in force the insurances referred in this section the
Authority may effect and keep in force any such insurances and pay such premiums as may
be necessary and deduct the amount so paid by the Authority as aforesaid from any monies
due which become due to the Contractor or recover the same as a debt due from the
Contractor.
Sch 8.5 Liability of the Authority
(a) Subject to its obligations under the contract, the Authority shall not be liable for any injury,
loss or damage howsoever caused except for loss or damage directly arising from negligent
acts or omission of the Authority, its servants or agents. Damages arising from such
negligent acts or omission shall be limited to direct and unavoidable losses and the
Contractor shall take all reasonable steps to mitigate such losses.
(b) The Authority shall in no circumstances be liable to the Contractor for any loss of profit,
business or production of any similar loss or damage whether direct, indirect or
consequential howsoever caused.
Sch 8.6 Patents, Copyrights
(a) The Contract price shall include for all royalties licence fees or similar expenses in respect
of the making use or exercise by the Contractor of any invention or design for the purpose
of performing the Contract.
(b) The Contractor shall indemnify the Authority against any claim arising from the use
manufacture supply or delivery of any process article matter or thing supplied under the
Contract which would constitute any infringement of any patent or copyright.
Sch 8.7 Publicity
The Contractor, its agents, servants and employees shall not give any information concerning
the Service it is undertaking for publication in the press or radio, television or cinema screen or
elsewhere without the written approval of the Authority representative. Clause 18.
(Confidentiality) refers.
Sch 8.8 Rights and Duties
All rights and duties which the Authority has as a Local Authority or which the Authority's
Officers have as Local Authority Officers are expressly reserved.
59
CONTRACT SCHEDULES
Sch 8.9 Strikes, Disputes and Breakdowns
Without prejudice to any other provisions of these Contract Conditions in the event of industrial
action by the Contractor or its Sub-Contractors workforce or any breakdown of its plant or
vehicles that interrupts the Contractors ability to perform the service the Contractor shall
reimburse the Authority for any additional costs incurred by the Authority including (but
without prejudice to the generality of the foregoing):
i)
Any additional costs to be paid to any Waste Collection Authority arising out of any
alteration to their arrangements;
ii) Any additional costs in making alternative arrangements for a substituted Service
as a result of such events and the Contractor shall not be entitled to any additional payments for
dealing with any backlog.
Sch 8.10 Discounts after Initial Contract Period
In the event that the Contractor has won more than one contract and the Contract Price was
discounted on the basis of winning ore than one contract but the Authority serves notice to
terminate one or more but not all of the Contractor’s contracts under Condition 11.1 then in
those circumstances the Contract Price for continuing contracts of the Contractor shall be
adjusted to take account of the effect of the termination of the other contract or contracts such
adjustment to be determined by agreement or if necessary under Condition 27.
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CONTRACT SCHEDULES
SCHEDULE 9
FINANCIAL PROVISIONS
The following financial provisions shall apply:-
Sch 9.1 All accounting periods other than the first and last shall begin on the first, and end on the last,
day of each calendar month during the Contract Period.
Sch 9.2 The first accounting period shall begin on the first day of the Contract Period, and end on the
last day of the calendar month during which it began.
Sch 9.3 The last accounting period shall begin on the first day of the calendar month during which the
Contract Period terminates, and end on such termination.
Sch 9.4 After the end of each accounting period, the Contractor shall submit to the Authority
Representative an account in respect of that part of the Service performed during that
accounting period. Any such account may be amended by the Contractor to correct purely
clerical and arithmetical errors until the certificate mentioned in Paragraph 5 of this Schedule 9
is issued.
Sch 9.5 Within 14 days of receipt of the account mentioned in paragraph 4 of this Schedule 9, the
Authority Representative shall issue a certificate certifying the amount properly due on that
account in accordance with the Contract, having regard to the account and any additions or
deductions required or authorised by the Contract.
Sch 9.6 Within 21 days after the issue of such a certificate as is mentioned in paragraph 5 of this
Schedule 9, the Authority or the Contractor, as the case may be, shall pay such amount as is
properly certified and due. In the event of late payment by either party, that party shall pay
interest at the rate shown at Particular Sch 9.9.3 in this Schedule 9.
Sch 9.7 For the avoidance of doubt, the Contractor shall only be entitled, at the most, to such monies as
are shown on the submitted accounts, and in respect of services actually supplied to the
Authority by the Contractor or on its behalf.
Sch 9.8 Subject to the other provisions of the Contract, the amount to be paid to the Contractor in
respect of each accounting period shall be the total of the number of tonnes of each description
of waste identified in Schedule 2 delivered to the Delivery Points of the Contractor multiplied
by the price indicated for that description in Schedule 1.
Sch 9.9.1
During the Contract Period if so requested by the Contractor, the Contract Price shall be
reviewed annually on the anniversary of the commencement of the Contract period so as to
increase or reduce it by a percentage equivalent to the percentage increase or reduction (if any)
shown by the Index since the said commencement, and such increase or reduction shall take
effect in respect of the period from the said review to the next such reviews.
Sch 9.9.2 Deductions
Whenever under this agreement any sum of money shall be recoverable from or payable by the
Contractor the same may be deducted from any sum then due or which may become due to the
Contractor under this or any other agreement with the Authority.
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CONTRACT SCHEDULES
Sch 9.9.3 Overdue Payment Interest
(a) In the event of failure by the Authority representative to Certify or the Authority to make
payment in accordance with the Conditions the Authority shall pay to the Contractor
interest on any payment overdue thereunder at a rate per annum equivalent to 3% above the
Base Rate of the Authority’s bankers current on the date upon which such payment first
becomes due.
(b) In the event of a variation in the Base Rate being introduced whilst such payment remains
overdue the interest payable to the Contractor for the period that such payment remains
overdue shall be correspondingly varied from the date of each such variation.
Sch 9.9.4 Records
The Contractor shall maintain records in sufficient detail to allow the Council to verify the
actual workload upon which contractual payments will be calculated. All records maintained by
the Contractor shall be made available to the Authority on demand and without charge. Such
records must indicate:
a)
the description of waste received (i.e. household collection, commercial collection, civic
amenity residue, litter/street sweepings etc);
b) the date and time of deposit;
c)
the quantity of waste deposited;
a) any additional opening agreed with the WDA.
Sch 9.9.5 Taxes Payment of
The Contractor shall be responsible for the payment of Income or other taxes, National
Insurance contributions and any other levies arising out of the employment of any person
employed by it and shall indemnify the Authority in respect of any liabilities in respect thereof.
For the purposes of the Finance (No 2) Act 1975 or any re-enactment thereof the contractor is
deemed to be a “sub-contractor”. The Contractor shall produce to the Authority such evidence
as the Authority shall deem necessary to satisfy the Authority that the Contractor has a valid and
current certificate in form 7141, form 714P or form 714C and shall further produce such
documents as are set out in the documents published by the Board of Inland Revenue as 1R14/l5
of 1976 (or any amendment or replacement of that document) to satisfy the Authority that the
Contractor is entitled to be paid without deduction of tax pursuant to that Act (or any
amendment or re-enactment of that Act). Should the Contractor fail to produce the said
documents or any of them, the Authority will deduct tax from any payments due to the
Contractor at such rates as are currently in force. However, this condition will not apply if the
Contractor carries out work coming within the definition of “Construction operations” as
defined by the above Act and subsequently amended by Statutory Instrument.
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CONTRACT SCHEDULES
Sch 9.9.6 Value Added Tax
(a) Sums payable to the Contractor pursuant to this Contract are deemed to be exclusive of
Value Added Tax (VAT). Within this Condition “exempt supply”, “tax”, “invoice”,
“taxable person” and “taxable supply” shall have the same meaning as in the value Added
Tax Act l983 (the Act) including any amendment or re-enactment thereof and any
reference to the Value Added Tax (General) Regulations 1985 (VAT Regulations) shall be
treated as a reference to any enactment corresponding to those Regulations for the time
being in force in consequence of any amendment or re-enactment of those Regulations.
(b) The Authority shall pay to the Contractor in the manner hereinafter set out any VAT
properly chargeable on the supply by the Contractor of Service at the appropriate rate.
(c) The Contractor shall concurrently with the issue of the Monthly Statement in accordance
with the Conditions inform the client in writing in respect of the Service performed during
the period:-
(i) Which part or parts of such Service are exempt from VAT.
(ii) Which part or parts of such Service bear a zero rate of VAT.
(iii) Which part or parts of such Service bear a rate of VAT greater than zero, in each case
stating the exact VAT rate chargeable.
(d) Upon receipt of the Contractors written notice under 9.9.6(c) above, unless the Authority
objects to any part of such notice, the Authority representative shall calculate the amount of
VAT due in accordance with the contents of such notice and shall so Certify pursuant to the
Conditions. At the same time as payment (other than payment in accordance with this
paragraph) for Service which were the subject of a Taxable Supply provided by the
Contractor as a Taxable Person to the Authority representative is made in accordance with
the Contract there shall also be paid by the Authority a sum (separately identified by the
Authority representative and in this Condition referred to as “the Tax Payment”) equal to
the amount of tax payable by the Contractor on that supply.
(e) Within seven days of receipt by the Contractor of any payment made by the Authority
pursuant to the Conditions, being a payment including VAT the Contractor shall if it agrees
with the tax payment or any part thereof issue to the Authority an authenticated receipt of
the kind referred to in regulation 21(2) of the VAT Regulations. If it disagrees with that tax
payment or any part thereof the Contractor will notify the Authority in writing stating the
grounds of its disagreement. Condition 28 (Arbitration) shall not apply to any dispute,
difference or question arising within this paragraph.
(f) If the Authority objects to any part of such notice and such objection cannot be resolved by
the parties by agreement, the Authority may require the Contractor to refer to the
Commissioners of Custom and Excise (the Commissioners) any dispute, difference or
question in relation to any of the matters specified in Section 40 of the Act whether the
Contractor is dissatisfied or not.
(g) If the Contractor refer the matter to the Commissioners (whether or not under 9.9.6(f)
above) and the Authority is dissatisfied with their decision on the matter, the Contractor
shall at the Authority's request refer the matter to the Value Added Tax Tribunal (The
Tribunal) by way of appeal under Section 40 of the Act whether the Contractor is
dissatisfied or not. Should the Contractor be required to deposit a sum of money equal to
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CONTRACT SCHEDULES
all or part of the tax claimed under Section 40(2) (a) of the Act, the Council shall further
reimburse the Contractor any costs or expenses reasonable and properly incurred in making
the reference (less any costs awarded to the Contractor by the Tribunal).
(h) Upon the final adjudication by the Commissioners or, in the event of a reference to a
Tribunal, by a Tribunal, the Authority shall pay the amount of VAT adjudged due to the
Contractor. Should the amounts already paid by the Authority either by way of payment of
VAT or by way of reimbursement of any money required to be deposited by the Contractor
with the Commissioners under 9.9.6(g) exceed the VAT adjudged to be due, the Contractor
shall forthwith repay such excess to the Authority.
(i) Notwithstanding any provision to the contrary elsewhere in these Conditions the Authority
shall not be obliged to make any further payment to the Contractor if the Contractor is in
default in providing the authenticated receipt referred to in 9.9.6(e) above provided that this
sub-condition shall only apply where the Authority can show that it requires such receipt to
validate any claim for credit for VAT paid or payable which the Authority is entitled to
make to the Commissioners.
(j) If the description of any Service which at the date of Tender comprise taxable or exempt
supplies is modified or extended by or under the Act and that modification shall result in
the Contractor having to pay either more or less tax or greater or smaller amounts as the
case may be shall be a direct expense or direct saving to the Contractor in carrying out the
Service and not recoverable or allowable under the Contract or otherwise then there shall
be paid to or allowed by the Contractor as appropriate a sum equivalent to that tax or
amounts as the case may be.
Provided always that before that tax is included in any payment by the Authority or those
amounts are included in any Certificate by the Authority representative as the case may be
the Contractor shall supply all the information the Authority representative requires to
satisfy himself as to the Contractors entitlement under this paragraph.
The Contractor shall upon demand pay to the Authority the amount of any sum due in
accordance with this paragraph and it shall be deemed to be debt due by the Contractor to
the Authority and shall be recoverable accordingly.
Sch 9.9.7 In addition to the sums specified in the other paragraphs of this schedule 9, the Authority shall
pay to the Contractor such Value Added Tax as may be properly chargeable by the Contractor in
connection with the provision of the Service. The Contractor shall issue a tax invoice in respect
thereof.
Sch 9.10 Value of Variations
to Contracts
The value of all variations ordered by the Authority representative in accordance with clause 16
(Modifications) shall be ascertained by the Authority's representative by consultation with the
Contractor in accordance with the following principles:-
(a) Where the Service is of a similar character and executed under similar conditions to a
service priced by the Contractor in the Priced Schedules, it shall be valued at such rates and
prices contained therein as may be applicable.
(b) Where the service is not of similar character or is not executed under similar conditions, to
rates and prices in the Priced Schedules, shall be used as a basis for valuation so far as may
64
CONTRACT SCHEDULES
be reasonable, failing which a fair valuation shall be made. Failing agreement between the
Authority representative and Contractor as to any rate or price to be applied in valuation of
any variation, the Authority representative shall determine the rate or price in accordance
with the foregoing principles and he shall notify the Contractor accordingly.
(c) Where the Service is omitted from the specification or other Contract Documents, the rates
and prices contained in the Priced Schedules shall be used to determine the value of the
Service omitted.
Sch 9.11 Variation by Virtue of Future Legislation etc
The Contract price shall be adjusted to take fairly into account any additional expense to which
the Contractor has been put by compliance with any legal requirements coming into effect or
any generally accepted good practice emerging after the tender submission date, and any
reduction in expense for which it has or should have benefited by reason of technological
change in the Waste Disposal industry.
The date from which any of these adjustments is to be effective, and the price to be paid for the
adjustment shall be agreed between the Contractor and the Waste Disposal Authority. In the
event of failure to reach agreement, the matter shall be determined in accordance with Condition
27 (Disputes and Arbitration).
The Contractor shall be under a duty to act with commercial prudence and any adjustments
under this paragraph shall take account of all of the costs which the Contractor has actually
incurred, but also those which he could have reasonably and properly incurred if he had
complied with such duty and any such adjustment shall be calculated only on the lower of the
two costs.
Sch 9.12 Computation of Index Base
Sch 9.12.1 Where the Index is wholly or in part based upon an index issued by any Government
Department the following provisions of this paragraph 9.12 shall apply to any such index.
Sch 9.12.2 If the basis of computation of the index shall change, any official reconciliation between the
bases of computation published by the relevant Government Department shall be binding on the
parties and shall be applied in adjusting the application of the said index hereto.
Sch 9.12.3 In the absence of such official reconciliation, such adjustment shall be made to the figures of
the Index as to make it correspond as nearly as possible to the previous method of computation
and such adjusted figures (unless and until officially reconciled figures are published) and in the
event of a dispute regarding such adjustment the decision of the authority shall be final.
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CONTRACT SCHEDULES
SCHEDULE 10
AUDIT REQUIREMENTS
Sch 10.1 It shall be assumed until the contrary is proved to the satisfaction of the Authority representative
that the amounts of waste in each description of waste indicated in Schedule 2 is not greater
than the amount shown in respect of that description in Schedule 2.
Sch 10.2 The Authority shall only pay in respect of the amounts of waste which the Contractor proves to
the satisfaction of the Authority Representative has been actually received at the Delivery Points
for which the Authority are obliged to make payments under the Contract.
Sch 10.3 The Contractor shall permit the Authority Representative to have access at all times to the
premises, facilities and records of the Contractor, and, if so required, ensure that its Officers,
servants and agents give such information and other assistance to the Authority Representative
as will enable him to carry out his duties under this Schedule 10.
Sch 10.4 The Contractor shall install weighbridges pursuant to Paragraph 3 of Schedule 3 at all accesses
to all Delivery Points to ensure that all waste delivery vehicles are weighed in and out, and
computerised weight tickets can be issued. The Authority will only make payment against such
tickets.
Sch 10.5 The Authority Representative may require the Contractor to operate a system of vehicle
identification to distinguish between waste for which the Authority is liable to pay under this
Contract from other waste.
Sch 10.6 The general duty of the Authority Representative under this Schedule 10 is to ensure that the
Authority is not charged for, and does not pay, any greater sums than it is liable to pay under the
terms of the Contract.
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CONTRACT SCHEDULES
SCHEDULE 11
AUTHORITY’S PREMISES AND EQUIPMENT
Sch 11.1 Premises
(a) Any premises remaining in the ownership of the Authority, made partly or wholly available
to the Contractor, by lease or other mutually agreed arrangement, shall be occupied or used
solely for the performance of the Service.
(b) On any premises made available to the Contractor where security is maintained by means
of locked gates or the like, the Contractor or its employees shall be required to ensure that
the premises remain in a secure state upon completion of the Service each day. In the event
of the Contractor leaving the premises unattended for any period during the working day
the premises must be left in a secure state.
(c) The Contractor shall exercise a common duty of care, on any premises made available to
the Contractor that remain in the ownership of the Council, and indemnify the Council
against all claims in respect of any liability under the Occupiers Liability Act 1957 as
supplemented by the Occupiers Liability Act 1984 and the Contractor shall act in a
reasonable manner to all persons entering such premises at all times whether they have
lawful authority to be in the vicinity or not.
(d) No building whether temporary or permanent or caravan or the like vehicle which the
Contractor may require for its purposes may be erected or placed upon any premises in the
ownership of the Authority without the prior consent in writing of the Authority
representative.
(e) If any damage, loss or injury from any cause whatsoever (save as and except for the
Excepted Risks defined as Act of God, riot, war, Invasion, or foreign enemies hostilities
(whether declared or not), Civil war, rebellion, revolution, insurrection or military or
usurped power all of which are herein collectively referred to as “the excepted risks” shall
happen to any of the Authority's premises, plant, vehicles or equipment, on premises
occupied or used by the Contractor for the purpose of this Contract, the Contractor shall at
its own expense repair and make good the same, so that at the end of the Contract period
the said premises, plant, vehicle or equipment shall be in good working order and condition
in conformity with the requirements of the Contract and Authority representative's
instructions.
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CONTRACT SCHEDULES
SCHEDULE 12
QUALITY ASSURANCE
Sch 12.1 Quality Assurance
(a) The Authority will require the Contractor to have been assessed and registered with the
B.S.I. for the Practice of Waste Disposal, or demonstrate that it is actively pursuing such
assessment and therefore registration within 4 years of the commencement date of the
contract. The Contractors attention is drawn to the provisions of BS EN ISO 9001:2000 –
“Quality Management Systems: Requirements”
The Contractor shall establish, document and maintain an inspection system capable of
producing objective evidence that the Services provided conform to the requirements of the
Contract whether processed by the Contractor or procured from sub-contractors. The
Contractor shall ensure that the essential inspection requirements are determined and
satisfied throughout all phases of the Service, in accordance with BS EN ISO 9001:2000 –
“Quality Management Systems: Requirements”
(b)
The Contractor shall perform or be responsible for the performance of all
inspections and tests necessary to substantiate that the Services offered for acceptances
conform to the specified requirements in accordance with BS EN ISO 9001:2000 –
“Quality Management Systems: Requirements”
68
CONTRACT SCHEDULES
SCHEDULE 13
INDEX FORMULA
Sch 13.1 Review Method of
For the second and subsequent years of the Contract Period, the Annual Sum, unit rates and
Daywork Rates shall be increased or decreased on the Review Dates calculated using the
Monthly Digest of Statistics, Retail Price Index. (All Items Index) as prepared by the
Government Statistical Service published by the Central Statistical Office.
For the First Review the Calculations will be as follows:
RPI 28 days prior to 1st Review x Standard Cost per Tonne of Disposal*
RPI 28 days prior to the Date for
the Return of Tenders
For the Second Review the Calculations will be as follows:
RPI 28 days prior to 2nd Review
x
Standard Cost per Tonne of Disposal*
RPI 28 days prior to the 1st Review
and so for the third and subsequent Reviews.
*similar indexation formula are to be applied to:
(a) The Cost per Tonne of Disposal as amended by the Variation in Intake provision
Schedule 1 - Clause Sch 1.9 refers
(b) The Cost per hour of Emergency Opening provision Schedule 1 - Clause Sch 1.3 refers
(c) The Cost per hour of Civil Defence & Emergency cover provision Schedule 15 - Clause
15.1 refers.
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CONTRACT SCHEDULES
SCHEDULE 14
NOT USED
70
CONTRACT SCHEDULES
Amendment No 2
Schedule 15a.
FINANCIAL BURDEN OF REQUESTS
With respect to the contract for Waste Disposal Services in
THE EAST DEVON DISTRICT COUNCIL AREA
Cost per hour to be met by
Authority
Sch 15.1
Civil Defence and Emergencies - Condition 24
Per man hour
(a)
Manager/Administrator (or similar grade)
Section 43 Commercial Interest
(b)
Foreman (or similar grade)
Section 43 Commercial Interest
(c)
Labourer (or similar grade)
Section 43 Commercial Interest
(d)
Driver (or similar grade)
Section 43 Commercial Interest
Per machine hour
(e)
Front Loader (or similar)
Section 43 Commercial Interest
(f)
Light van or pickup (or similar)
Section 43 Commercial Interest
(g)
7.5 tonne tipping vehicle (or similar)
Section 43 Commercial Interest
(h)
16/24 tonne tipping vehicle (or similar)
Section 43 Commercial Interest
(j)
30 tonne Rolonof vehicle (or similar)
Section 43 Commercial Interest
(k)
30.6 cu m closed Rolonof compaction
Section 43 Commercial Interest
container (or similar)
(m)
3000 gallon Rolonof tank container (or similar) (1,500 gallon) Section 43 Commercial Interest
(n)
32/38 tonne articulated vehicle (or similar)
Section 43 Commercial Interest
(p)
5 tonne mobile crane (or similar)
(q)
15 tonne mobile crane (or similar)
(r)
30 tonne mobile crane (or similar)
(s)
Tanker vehicle with spray bars (or similar)
(t)
Vehicle with snowplough or gritting
attachments (or similar)
(u)
Road sweeping/gully emptying vehicle
(or similar)
The above Contractor’s rates are only for equipment within their own fleet capacity.
71
CONTRACT SCHEDULES
Amendment No 2
Schedule 15b.
FINANCIAL BURDEN OF REQUESTS
With respect to the contract for Waste Disposal Services in
THE EXETER CITY COUNCIL AREA
Cost per hour to be met by
Authority
Sch 15.1
Civil Defence and Emergencies - Condition 24
Per man hour
(a)
Manager/Administrator (or similar grade)
Section 43 Commercial Interest
(b)
Foreman (or similar grade)
Section 43 Commercial Interest
(c)
Labourer (or similar grade)
Section 43 Commercial Interest
(d)
Driver (or similar grade)
Section 43 Commercial Interest
Per machine hour
(e)
Front Loader (or similar)
Section 43 Commercial Interest
(f)
Light van or pickup (or similar)
Section 43 Commercial Interest
(g)
7.5 tonne tipping vehicle (or similar)
Section 43 Commercial Interest
(h)
16/24 tonne tipping vehicle (or similar)
Section 43 Commercial Interest
(j)
30 tonne Rolonof vehicle (or similar)
Section 43 Commercial Interest
(k)
30.6 cu m closed Rolonof compaction
Section 43 Commercial Interest
container (or similar)
(m)
3000 gallon Rolonof tank container (or similar) (1,500 gallon) Section 43 Commercial Interest
(n)
32/38 tonne articulated vehicle (or similar)
Section 43 Commercial Interest
(p)
5 tonne mobile crane (or similar)
-
(q)
15 tonne mobile crane (or similar)
(r)
30 tonne mobile crane (or similar)
(s)
Tanker vehicle with spray bars (or similar)
(t)
Vehicle with snowplough or gritting
attachments (or similar)
(u)
Road sweeping/gully emptying vehicle
(or similar)
The above Contractor’s rates are only for equipment within their own fleet capacity.
72
CONTRACT SCHEDULES
Amendment No 2
Schedule 15c.
FINANCIAL BURDEN OF REQUESTS
With respect to the contract for Waste Disposal Services in
THE MID DEVON DISTRICT COUNCIL AREA
Cost per hour to be met by
Authority
Sch 15.1
Civil Defence and Emergencies - Condition 24
Per man hour
(a)
Manager/Administrator (or similar grade)
Section 43 Commercial Interest
(b)
Foreman (or similar grade)
Section 43 Commercial Interest
(c)
Labourer (or similar grade)
Section 43 Commercial Interest
(d)
Driver (or similar grade)
Section 43 Commercial Interest
Per machine hour
(e)
Front Loader (or similar)
Section 43 Commercial Interest
(f)
Light van or pickup (or similar)
Section 43 Commercial Interest
(g)
7.5 tonne tipping vehicle (or similar)
Section 43 Commercial Interest
(h)
16/24 tonne tipping vehicle (or similar)
Section 43 Commercial Interest
(j)
30 tonne Rolonof vehicle (or similar)
Section 43 Commercial Interest
(k)
30.6 cu m closed Rolonof compaction
Section 43 Commercial Interest
container (or similar)
(m)
3000 gallon Rolonof tank container (or similar) (1,500 gallon) Section 43 Commercial Interest
(n)
32/38 tonne articulated vehicle (or similar)
Section 43 Commercial Interest
(p)
5 tonne mobile crane (or similar)
(q)
15 tonne mobile crane (or similar)
(r)
30 tonne mobile crane (or similar)
(s)
Tanker vehicle with spray bars (or similar)
(t)
Vehicle with snowplough or gritting
attachments (or similar)
(u)
Road sweeping/gully emptying vehicle
(or similar)
The above Contractor’s rates are only for equipment within their own fleet capacity.
73
CONTRACT SCHEDULES
Amendment No 2
Schedule 15d.
FINANCIAL BURDEN OF REQUESTS
With respect to the contract for Waste Disposal Services in
THE NORTH DEVON DISTRICT COUNCIL AREA
Cost per hour to be met by
Authority
Sch 15.1
Civil Defence and Emergencies - Condition 24
Per man hour
(a)
Manager/Administrator (or similar grade)
Section 43 Commercial Interest
(b)
Foreman (or similar grade)
Section 43 Commercial Interest
(c)
Labourer (or similar grade)
Section 43 Commercial Interest
(d)
Driver (or similar grade)
Section 43 Commercial Interest
Per machine hour
(e)
Front Loader (or similar)
Section 43 Commercial Interest
(f)
Light van or pickup (or similar)
Section 43 Commercial Interest
(g)
7.5 tonne tipping vehicle (or similar)
Section 43 Commercial Interest
(h)
16/24 tonne tipping vehicle (or similar)
Section 43 Commercial Interest
(j)
30 tonne Rolonof vehicle (or similar)
Section 43 Commercial Interest
(k)
30.6 cu m closed Rolonof compaction
Section 43 Commercial Interest
container (or similar)
(m)
3000 gallon Rolonof tank container (or similar) (1,500 gallon) Section 43 Commercial Interest
(n)
32/38 tonne articulated vehicle (or similar)
Section 43 Commercial Interest
(p)
5 tonne mobile crane (or similar)
(q)
15 tonne mobile crane (or similar)
(r)
30 tonne mobile crane (or similar)
(s)
Tanker vehicle with spray bars (or similar)
(t)
Vehicle with snowplough or gritting
attachments (or similar)
-
(u)
Road sweeping/gully emptying vehicle
(or similar)
The above Contractor’s rates are only for equipment within their own fleet capacity.
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CONTRACT SCHEDULES
Amendment No 2
Schedule 15e.
FINANCIAL BURDEN OF REQUESTS
With respect to the contract for Waste Disposal Services in
THE SOUTH HAMS DISTRICT COUNCIL AREA
Cost per hour to be met by
Authority
Sch 15.1
Civil Defence and Emergencies - Condition 24
Per man hour
(a)
Manager/Administrator (or similar grade)
Section 43 Commercial Interest
(b)
Foreman (or similar grade)
Section 43 Commercial Interest
(c)
Labourer (or similar grade)
Section 43 Commercial Interest
(d)
Driver (or similar grade)
Section 43 Commercial Interest
Per machine hour
(e)
Front Loader (or similar)
Section 43 Commercial Interest
(f)
Light van or pickup (or similar)
Section 43 Commercial Interest
(g)
7.5 tonne tipping vehicle (or similar)
Section 43 Commercial Interest
(h)
16/24 tonne tipping vehicle (or similar)
Section 43 Commercial Interest
(j)
30 tonne Rolonof vehicle (or similar)
Section 43 Commercial Interest
(k)
30.6 cu m closed Rolonof compaction
Section 43 Commercial Interest
container (or similar)
(m)
3000 gallon Rolonof tank container (or similar) (1,500 gallon) Section 43 Commercial Interest
(n)
32/38 tonne articulated vehicle (or similar)
Section 43 Commercial Interest
(p)
5 tonne mobile crane (or similar)
(q)
15 tonne mobile crane (or similar)
(r)
30 tonne mobile crane (or similar)
-
(s)
Tanker vehicle with spray bars (or similar)
(t)
Vehicle with snowplough or gritting
attachments (or similar)
(u)
Road sweeping/gully emptying vehicle
(or similar)
The above Contractor’s rates are only for equipment within their own fleet capacity.
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CONTRACT SCHEDULES
Amendment No 2
Schedule 15f.
FINANCIAL BURDEN OF REQUESTS
With respect to the contract for Waste Disposal Services in
THE TEIGNBRIDGE DISTRICT COUNCIL AREA
Cost per hour to be met by
Authority
Sch 15.1
Civil Defence and Emergencies - Condition 24
Per man hour
(a)
Manager/Administrator (or similar grade)
Section 43 Commercial Interest
(b)
Foreman (or similar grade)
Section 43 Commercial Interest
(c)
Labourer (or similar grade)
Section 43 Commercial Interest
(d)
Driver (or similar grade)
Section 43 Commercial Interest
Per machine hour
(e)
Front Loader (or similar)
Section 43 Commercial Interest
(f)
Light van or pickup (or similar)
Section 43 Commercial Interest
(g)
7.5 tonne tipping vehicle (or similar)
Section 43 Commercial Interest
(h)
16/24 tonne tipping vehicle (or similar)
Section 43 Commercial Interest
(j)
30 tonne Rolonof vehicle (or similar)
Section 43 Commercial Interest
(k)
30.6 cu m closed Rolonof compaction
Section 43 Commercial Interest
container (or similar)
(m)
3000 gallon Rolonof tank container (or similar) (1,500 gallon) Section 43 Commercial Interest
(n)
32/38 tonne articulated vehicle (or similar)
Section 43 Commercial Interest
(p)
5 tonne mobile crane (or similar)
-
(q)
15 tonne mobile crane (or similar)
(r)
30 tonne mobile crane (or similar)
(s)
Tanker vehicle with spray bars (or similar)
(t)
Vehicle with snowplough or gritting
attachments (or similar)
(u)
Road sweeping/gully emptying vehicle
(or similar)
-
The above Contractor’s rates are only for equipment within their own fleet capacity.
76
CONTRACT SCHEDULES
Amendment No 2
Schedule 15g.
FINANCIAL BURDEN OF REQUESTS
With respect to the contract for Waste Disposal Services in
THE TORRIDGE DISTRICT COUNCIL AREA
Cost per hour to be met by
Authority
Sch 15.1
Civil Defence and Emergencies - Condition 24
Per man hour
(a)
Manager/Administrator (or similar grade)
Section 43 Commercial Interest
(b)
Foreman (or similar grade)
Section 43 Commercial Interest
(c)
Labourer (or similar grade)
Section 43 Commercial Interest
(d)
Driver (or similar grade)
Section 43 Commercial Interest
Per machine hour
(e)
Front Loader (or similar)
Section 43 Commercial Interest
(f)
Light van or pickup (or similar)
Section 43 Commercial Interest
(g)
7.5 tonne tipping vehicle (or similar)
Section 43 Commercial Interest
(h)
16/24 tonne tipping vehicle (or similar)
Section 43 Commercial Interest
(j)
30 tonne Rolonof vehicle (or similar)
Section 43 Commercial Interest
(k)
30.6 cu m closed Rolonof compaction
Section 43 Commercial Interest
container (or similar)
(m)
3000 gallon Rolonof tank container (or similar) (1,500 gallon) Section 43 Commercial Interest
(n)
32/38 tonne articulated vehicle (or similar)
Section 43 Commercial Interest
(p)
5 tonne mobile crane (or similar)
(q)
15 tonne mobile crane (or similar)
-
(r)
30 tonne mobile crane (or similar)
-
(s)
Tanker vehicle with spray bars (or similar)
(t)
Vehicle with snowplough or gritting
attachments (or similar)
-
(u)
Road sweeping/gully emptying vehicle
(or similar)
The above Contractor’s rates are only for equipment within their own fleet capacity.
77
CONTRACT SCHEDULES
Amendment No 2
Schedule 15h.
FINANCIAL BURDEN OF REQUESTS
With respect to the contract for Waste Disposal Services in
THE WEST DEVON DISTRICT COUNCIL AREA
Cost per hour to be met by
Authority
Sch 15.1
Civil Defence and Emergencies - Condition 24
Per man hour
(a)
Manager/Administrator (or similar grade)
Section 43 Commercial Interest
(b)
Foreman (or similar grade)
Section 43 Commercial Interest
(c)
Labourer (or similar grade)
Section 43 Commercial Interest
(d)
Driver (or similar grade)
Section 43 Commercial Interest
Per machine hour
(e)
Front Loader (or similar)
Section 43 Commercial Interest
(f)
Light van or pickup (or similar)
Section 43 Commercial Interest
(g)
7.5 tonne tipping vehicle (or similar)
Section 43 Commercial Interest
(h)
16/24 tonne tipping vehicle (or similar)
Section 43 Commercial Interest
(j)
30 tonne Rolonof vehicle (or similar)
Section 43 Commercial Interest
(k)
30.6 cu m closed Rolonof compaction
Section 43 Commercial Interest
container (or similar)
(m)
3000 gallon Rolonof tank container (or similar) (1,500 gallon) Section 43 Commercial Interest
(n)
32/38 tonne articulated vehicle (or similar)
Section 43 Commercial Interest
(p)
5 tonne mobile crane (or similar)
-
(q)
15 tonne mobile crane (or similar)
-
(r)
30 tonne mobile crane (or similar)
(s)
Tanker vehicle with spray bars (or similar)
(t)
Vehicle with snowplough or gritting
attachments (or similar)
(u)
Road sweeping/gully emptying vehicle
(or similar)
The above Contractor’s rates are only for equipment within their own fleet capacity.
78
CONTRACT SCHEDULES
SCHEDULE 16
WASTE MANAGEMENT STRATEGY
See Attached DWM document.
79
CONTRACT SCHEDULES
SCHEDULE 17
ALTERNATIVE METHODS OF DISPOSAL
See Attached DWM document.
80
CONTRACT SCHEDULES
81
CONTRACT SCHEDULES
82
CONTRACT SCHEDULES
83
CONTRACT SCHEDULES
84
CONTRACT SCHEDULES
85
CONTRACT SCHEDULES
86
CONTRACT SCHEDULES
87
CONTRACT SCHEDULES
88
CONTRACT SCHEDULES
SCHEDULE 18
ENVIRONMENTAL PROTECTION
Sch 18.1
The Contractor shall, in respect of every site and other facility which it operates or which is
available to it for the conduct of operations directly or indirectly associated with its
performance of its obligations under the Contract, prepare at such intervals as the Authority
Representative shall reasonably decide, not being more frequently than once in each calendar
year, and publish, a full Environmental Audit in such form and covering such subjects as the
Authority Representative may determine, and the Authority Representative may, having
regard to such Audit, impose such requirements on the Contractor for the protection of the
environment as he shall determine, and the Contractor shall comply with such requirements.
Sch 18.2
The Authority may set up an Environmental Advisory Council (“the Council”) to advise the
Authority Representative in monitoring the performance by the Contractor of its obligations
under the Contract, at the reasonable expense of the Contractor. The constitution and
procedures of the Council shall be determined by the Authority, and the Council shall advise
both parties on the discharge of their functions under the Contract.
Sch 18.3
The Contractor shall prepare an Environmental Charter and environmental reports, to the
satisfaction of the Authority Representative.
Sch 18.4
Objectives of Environmental Charter, Audit and Reports.
Sch 18.4.1 The Environmental Charter shall establish the environmental criteria by which the
Contractor will wish to be judged. It will be the Contractor's policy and will establish
specific targets and requirements the Contractor wishes to achieve. However, once these
have been submitted to the Authority Representative, the Contractor shall comply with the
said Charter and its objectives.
Sch 18.4.2 Annual Environmental Audits of each Delivery Point and all other facilities operated by the
Contractor in connection with the provision of the Service and the Contractor's organisation
shall indicate how the Contractor has performed against the criteria established in the
Environmental Charter.
Sch 18.4.3 An Environmental Report shall draw conclusions from the Environmental Audits and if
necessary propose changes to the Environmental Charter.
Sch 18.5
The Environmental Charter
Sch 18.5.1 The responsibility for the writing and contents of the Environmental Charter shall be that of
the Contractor.
Sch 18.5.2 The said Charter shall establish the policies of the Contractor with regard to the environment
in the widest sense. This shall include the created and natural environment within each
facility operated by the Contractor and the external environment, which may be affected by
any of the Contractor's facilities. The said Charter shall also establish specific objectives and
targets for the environment referred to elsewhere in this Schedule 18
Sch 18.5.3 The Contractor shall submit an Environmental Charter to the Authority Representative
within one year from the date of the Contract. Thereafter, the Contractor shall submit revised
Environmental Charters as he considers necessary save that the Authority Representative
may require the Contractor to submit a new or revised Charter if the current Charter has been
in force for 5 years or more.
89
CONTRACT SCHEDULES
Sch 18.6. Environmental Audits
Sch 18.6.1 The Contractor shall undertake an Environmental Audit of each of the facilities operated in
the provision of the Service at no more than 12 month intervals. The Contractor shall also
undertake an annual Environmental Audit of his organisation in as much as it is relevant to
the contents of the Environmental Charter.
Sch 18.6.2 A programme for Environmental Audits shall be submitted to the Authority Representative
for his approval. The results of the Environmental Audits shall be submitted to the Authority
Representative within six weeks of being completed.
Sch 18.7
Annual Environmental Report
Sch 18.7.1 The Contractor shall prepare an Annual Environmental Report which takes account of the
Environmental Audits and the policies and objectives of the Environmental Charter. The
report will measure actual performance against objectives and recommend any actions to
improve performance. The report may also lead to amendments to the Environmental
Charter.
Sch 18.7.2 The Contractor shall submit the Annual Environmental Report to the Authority
Representative.
Sch 18.8
Rights of Publication
Sch 18.8.1 The Authority shall have the right to publish the whole or part of each of the Environmental
Charter, Environmental Audits and Annual Environmental Report.
Sch 18.8.2 The Authority shall have the right t6 publish observations on the documents mentioned in
sub-paragraph 8.1.
Sch 18.9
The basis upon which the Environmental Charter shall be written is as stated in paragraph 10
of this Schedule 18, unless and until the Authority Representative determines otherwise.
90
CONTRACT SCHEDULES
SCHEDULE 19
NOT USED
91
CONTRACT SCHEDULES
SCHEDULE 20
NOT USED
92
CONTRACT SCHEDULES
SCHEDULE NO 21
DEVON COUNTY COUNCIL
FORM OF BANK AUTHORITY
The Manager,
……………………………………………………………………………………….
……………………………………………………………………………………….
……………………………………………………………………………………….
……………………………………………………………………………………….
COMPANY NAME: Devon Waste Management Limited
I hereby authorise you to supply to The Director of Resources, of Devon County Council, information on
the financial status of the Company, Banker’s reference, legal charges against the Company together with
detail of any mortgages.
Signed ………………………………………………………………………… Date ………………….
Position …………………………………………………………………………
Signed ………………………………………………………………………… Date ………………….
Position …………………………………………………………………………
The value of the Contract is £ ………………………………………………….. Per ..…………………
The Council's Banker is:-
Barclays Bank Plc 20-30-47
Exeter High Street
29 High Street
EXETER
EX4 3LL
Resources Directorate
Devon County Council
County Hall
Topsham Road
EXETER
EX2 4QJ
93
CONTRACT SCHEDULES
SCHEDULE NO 22
To: Resources Directorate
Devon County Council
County Hall
Topsham Road
EXETER
EX2 4QJ
FINANCIAL INFORMATION
Name of Contract:
WASTE DISPOSAL CONTRACTS
Company Name:
Devon Waste Management Limited
Registered Office Address
Cranmere Court, Matford Business Park,
Exeter. EX2 8 PW
Company's Registration No
26529398
Date of Registration
31 October 1991
Company's Bankers
Not yet appointed
If more
Address
……………………………………… than one
……………………………………… banker
……………………………………… provide
………………………………………. details on
………………………………………. separate
……………………………………….. sheet.
If the company is a subsidiary of another state the name of the holding/parent company:
Devon County Council
Will this company guarantee completion of the contract …………………………………………………..
If the company is a parent/holding company please provide details of subsidiaries.
N/A
If necessary
……………………………………………………………………………………………. use continuation
…………………………………………………………………………………………………..……. sheet
Contd.
94
CONTRACT SCHEDULES
SCHEDULE NO 22
Continuation Sheet 1
FINANCIAL INFORMATION
If there are any mortgages or charges against the company specify
None
…………………………………...………………………………………………………………….
Estimated value of works uncompleted but started at the date of your
completion of this form £ None over None months*
Estimated value of work which has not yet been started, but which you are under a contractual obligation
to carry out £ None over None months*
* Please state approximate period
State the approximate number of employees currently directly employed by your Company on a regular
basis under the following groups:
(a) Administrative and Clerical Staff
9
(b) Technical Staff
16
(c) Operatives
40
Has the company tendered for a contract with the Authority within the last six months .No
If yes state (a) Contract
-
(b) Value £
-
Please provide: -
(a)
latest two years of audited accounts, to include
(i) Profit and Loss Account
(ii) Balance Sheet
(iii) Directors Report
(iv) Source and Application of Funds (Funds Flow Statement)
(v) Notes to the Accounts, and
(vi) Auditors Reports
(b)
Completed copy of “Bankers Authority” letter (one copy will be required for each banker of
the Contractor).
95
CONTRACT SCHEDULES
SCHEDULE NO 22
Continuation Sheet 2
FINANCIAL INFORMATION
(c) If applicable, accounts of the holding company (as in (a) above)
NB 1.
In the event of queries arising out of information provided, the County Council reserves
the right to make further financial enquiries from whatever source it considers necessary.
2.
If the company has tendered for a contract with this Authority within the past six months,
and at the same time supplied the information in (a) and (c) above there is no need to
send further copies. However, another “Bank Authority” letter will be required.
(To sign - any two Directors of the Company)
Signed
……………………………..
Date 13 August 1992
Position
Senior Executive Director
Signed
……………………………..
Date 13 August 1992
Position
Director
96
CONTRACT SCHEDULES
SCHEDULE NO 23
FORM OF CERTIFICATE RELATING TO INSURANCE OF THIRD PARTY RISK
with respect to the Contract for Waste Disposal Services in the
COUNTY OF DEVON
To
: DEVON COUNTY COUNCIL.
Contractor
:…………………………………………………………………………….
Contract
:…………………………………………………………………………….
Policy No
:…………………………………………………………………………….
Period of Contract
:…………………………………………………………………………….
THIS IS TO CERTIFY that the above numbered Policy, subject to any special limitations or exclusions
specified below, holds the Contractor and the Authority covered in respect of all Third Party Risks
referred to in the Conditions of Contract, which-states that;-
Insurance Against Injury. Loss or Damage to Persons and Property
Throughout the period of the Contract the Contractor (but without limiting its obligations and
responsibilities under Schedule 8.1.4) shall insure against any damage, loss or injury which may occur to
any property or to any person by or arising out of the performance of the Service in carrying out the
Contract. The Contractor shall notify the Authority representative as soon as possible, but not later than
within seven days, of any claim, demand or proceedings and to supply such particulars or details thereof
as the Authority representative shall reasonably require.
Such insurance shall be effected with an insurer and in terms approved by the Authority representative
(which shall not be unreasonably withheld) for at least the sum of Five million Pounds Sterling
(£5,000,000.) or such other sum as the Authority representative shall from time to time determine.
The terms shall include a provision whereby in any event of any claim in respect of which the Contractor
would be entitled to receive indemnity under the policy being brought or made against the Authority the
Insurer will indemnify the Authority against such claims and any costs, charges and expense in respect
thereof.
The Contractor shall whenever required produce to the Authority representative the policy or policies of
such insurance and the receipt/s for the payment of the current premium/s.
Contd.
97
CONTRACT SCHEDULES
SCHEDULE NO 23
Continuation Sheet 1
FORM OF CERTIFICATE RELATING TO INSURANCE OF THIRD PARTY RISK
with respect to the Contract for Waste Disposal Services in the
COUNTY OF DEVON
WE have noted your interest in the policy in respect of the aforesaid risks and we undertake to inform you
immediately if any instruction is given to discontinue the insurance.
Special exclusions or limitations (if any):-
Insurers
: ……………………………………………………….
Address
: ……………………………………………………….
: ……………………………………………………….
: ……………………………………………………….
: …………………………… Postcode ……………….
Telephone No.
: ……………………………………………………….
Contact.
: ……………………………………………………….
Insurers Signature
: ……………………………………………………….
Date.
: ……………………………………………………….
* The signature to be that of the General Manager or Secretary of the Company effecting the insurance
or other duly authorised person.
98
CONTRACT SCHEDULES
SCHEDULE NO 24
FORM OF CERTIFICATE RELATING TO INSURANCE OF CONTRACTOR’S EMPLOYEES.
with respect to the Contract for Waste Disposal Services in the
COUNTY OF DEVON
To
: DEVON COUNTY COUNCIL.
Contractor
:…………………………………………………………………………….
Contract
:…………………………………………………………………………….
Policy No
:…………………………………………………………………………….
Period of Contract
:…………………………………………………………………………….
THIS IS TO CERTIFY that the above numbered Policy, subject to any special limitations or exclusions
specified below, holds the Contractor and the Authority covered in respect of all Third Party Risks
referred to in the Condition 5 of Contract, which states that;-
Accident or Injury to Workmen
The Authority shall not be liable for or in any respect of any damages or compensation payable at law in
respect or in any consequence of any accident or injury to any workman/workmen or other person in the
employment of the Contractor or any sub-contractor save and except to the extent that such accident or
injury results from or is contributed to by any act or default of the Authority its agents or servants and the
Contractor shall indemnify and keep indemnified the Authority against and shall take out insurance to the
satisfaction of the Authority representative against all such damages and compensation (save and except
as aforesaid) and against all claims, demands, proceedings, costs, charges and expenses whatsoever in
respect thereof or in relation thereto.
The Contractor shall whenever required produce to the Authority representative the policy or policies of
such insurance and the receipt/s for the payment of the current premium/s.
Contd.
99
CONTRACT SCHEDULES
SCHEDULE NO 24
Continuation Sheet 1
FORM OF CERTIFICATE RELATING TO INSURANCE OF CONTRACTOR’S EMPLOYEES.
with respect to the Contract for Waste Disposal Services in the
COUNTY OF DEVON
WE have noted your interest in the policy in respect of the aforesaid risks and we undertake to inform you
immediately if any instruction is given to discontinue the insurance.
Special exclusions or limitations (if any):-
Insurers
: ……………………………………………………….
Address
: ……………………………………………………….
: ……………………………………………………….
: ……………………………………………………….
: …………………………… Postcode ……………….
Telephone No.
: ……………………………………………………….
Contact.
: ……………………………………………………….
Insurers Signature
: ……………………………………………………….
Date.
: ……………………………………………………….
* The signature to be that of the General Manager or Secretary of the Company effecting the insurance
or other duly authorised person.
100
CONTRACT SCHEDULES
SCHEDULE NO 25
FORM OF CERTIFICATE RELATING TO INSURANCE OF PREMISES, PLANT AND MATERIALS.
with respect to the Contract for Waste Disposal Services in the
COUNTY OF DEVON
To
: DEVON COUNTY COUNCIL.
Contractor
:…………………………………………………………………………….
Contract
:…………………………………………………………………………….
Policy No
:…………………………………………………………………………….
Period of Contract
:…………………………………………………………………………….
THIS IS TO CERTIFY that the above numbered Policy, subject to any special limitations or exclusions
specified below, holds the Contractor and the Authority covered in respect of all Third Party Risks
referred to in the Conditions of Contract, which states that;-
Insurance of Premises, Plant and Materials
The Contractor shall whenever required produce evidence to the entire satisfaction of the Authority
representative that the premises occupied and plant, vehicles and materials used by the Contractor for the
purposes of this Contract are insured to their full value.
The Contractor shall insure in the joint names of the Authority and the Contractor all vehicles and plant
which the Contractor provides under the terms of the Contract to their full replacement value against loss
or damage from whatsoever cause arising and in such manner that the Authority and Contractor are
covered for the period of the Contract. Such insurance shall be effected with an insurer and in terms
approved by the Authority representative (which approval shall not be unreasonably withheld).
The Contractor shall whenever required produce to the Authority representative the policy or policies of
such insurance and the receipt/s for the payment of the current premium/s.
Contd.
101
CONTRACT SCHEDULES
SCHEDULE NO 25
Continuation Sheet 1
FORM OF CERTIFICATE RELATING TO INSURANCE OF PREMISES, PLANT AND MATERIALS.
with respect to the Contract for Waste Disposal Services in the
COUNTY OF DEVON
WE have noted your interest in the policy in respect of the aforesaid risks and we undertake to inform you
immediately if any instruction is given to discontinue the insurance.
Special exclusions or limitations (if any):-
Insurers
: ……………………………………………………….
Address
: ……………………………………………………….
: ……………………………………………………….
: ……………………………………………………….
: …………………………… Postcode ……………….
Telephone No.
: ……………………………………………………….
Contact.
: ……………………………………………………….
Insurers Signature
: ……………………………………………………….
Date.
: ……………………………………………………….
* The signature to be that of the General Manager or Secretary of the Company effecting the insurance
or other duly authorised person.
102
CONTRACT APPENDICES
APPENDIX 1
NOT USED
103
CONTRACT APPENDICES
APPENDIX 2
NOT USED
104
CONTRACT APPENDICES
APPENDIX 3
NOT USED
105
CONTRACT APPENDICES
APPENDIX 4
NOT USED
106
CONTRACT APPENDICES
APPENDIX 5
NOT USED
107
CONTRACT APPENDICES
APPENDIX 6
NOT USED
108
CONTRACT APPENDICES
APPENDIX 7
NOT USED
109
CONTRACT APPENDICES
APPENDIX 8
NOT USED
110
CONTRACT APPENDICES
APPENDIX 9
NOT USED
111
CONTRACT APPENDICES
APPENDIX 10
NOT USED
112
CONTRACT APPENDICES
APPENDIX 11
NOT USED
113
CONTRACT APPENDICES
APPENDIX 12
NOT USED
114
CONTRACT APPENDICES
APPENDIX NO. 13
RECYCLING
App 13.1
Recycling as related to tonnage input
The County expects that the Government recycling target of 25% of the subject waste by
the year 2000 will be achieved. The tonnages of waste for successive years will therefore
take into account this probability. The additional influence of population trends on waste
arisings is also used in producing the base or median tonnage figure for any particular year.
App 13.2
Recycling as contractor’s initiative
Recycling of all wastes received for disposal is encouraged.
As far as the WCA collected and civic amenity wastes are concerned, any recycling must
accord with the joint County/Districts initiative on recycling and must be complimentary to
it. Therefore such recycling activity must be carried out in consultation with the WDA.
The WDA and the WCAs reserve the right to channel WCA collected and civic amenity
wastes through separate Materials Reclamation Facilities (MRFS) prior to delivery for
disposal. This may affect the contractor’s potential for recycling such wastes and may
affect the quantities ultimately delivered for disposal. Banding of anticipated intake is
expected to account for this latter effect.
Recycling ventures pursued at the contractor’s initiative from the wastes delivered within
the contract will be subject to no further credit beyond the contract disposal rate.
App 13.3
Disposal Credits
The contractor will not be eligible for recycling credits for materials disposed of within the
contract.
App 13.4
Collection Credits
The contractor will not be eligible for collection credits for materials recycled within the
contract after delivery by the WCA or others to the facility.
App 13.5
Recycling on Site
a)
Where recycling is required by the WDA under the separate Civic Amenity and
Recycling contract it is expected that such Contractors will recycle as a minimum:-
Glass, bottles and jars
Newspapers and magazines
Cardboard
Metals (including cans)
Textiles
Used engine Oil*
CFC gases from fridges and freezers*
Green/garden wastes*
Furniture, appliances, etc
Bric-a-brac
115
CONTRACT APPENDICES
APPENDIX NO 13
Continuation Sheet 1
Reusable timber, stone, etc
Any other recyclable material
b)
The Disposal Contractor is encouraged to undertake the same activity where
applicable from the waste intake. The contracts bid should reflect any income
receivable by the Contractor from the recycling activity. It must be appreciated that,
due
to
the
requirements
of
the
separate
contracts,
opportunity
for
reclamation/recycling of the civic amenity intake will be restricted. The Contractor
must make his own judgement of the opportunities that exist on the remaining intake,
subject to the limitations expressed below.
c)
For those items marked * in Para. 1 there can be no value to the Contractor of the
material salvaged where facilities for such items are arranged separately by the
WDA. However, in such case, the Contractor will be expected to give as much
commitment to these areas of recycling as to his own areas and will be expected to
co-operate in providing a suitable location and access for these facilities. For glass,
newspapers and magazines and for textiles, special containers may again be provided
by the WDA although the Contractor could, by agreement with the WDA, elect to
provide his own facilities and arrange his own market outlets. For any other
materials the Contractor will be expected to provide, sign and maintain adequate
facilities to accept segregate and keep separate the materials from the disposal stream
and to arrange to his own market outlets.
d)
Servicing of segregated areas and facilities by the Contractor shall be sufficiently
regular to always maintain the standards required by the site licence, etc. Where the
material will be held for an extended period, green and putrescible materials, etc for
composting, the Contractor must ensure it is properly controlled in a manner that will
either prevent the discharge of noxious liquors or control such discharges to the
satisfaction of the National Rivers Authority and the WRA.
116
CONTRACT APPENDICES
APPENDIX 14
NOT USED
117
CONTRACT APPENDICES
APPENDIX 15
NOT USED
118
CONTRACT APPENDICES
APPENDIX 16
METHOD OF COMPOSTING – ADVICE NOTE
General
16.1
This part of the Contract Document is not intended as a performance specification, the
requirement of the contract is to produce compost that matches the standards defined in
Contract Condition Clause 9.3.2.
As this is an end-product specification no hard and fast rules have been laid down as to how the
Contractor should achieve these goals. The following paragraphs only give guidance upon the
outline methods of composting. The Contractor should develop within his own method
statements within his Development Plan, (see Condition clause 6.4.)
16.2
The Contract acknowledges that whilst 100% of Greenwaste composting is the aim of the
Authority’s Waste Management Strategy a ‘sustainable’ approach must be taken to avoid
uneconomic composting. The Contractor is obliged to compost as much Greenwaste as
reasonably and economically practical.
16.3
The Contract does not specify which Location or Sites at which this should be achieved. All
Greenwaste that cannot be economically composted and rejects will be disposed of by the
Contractor to one of the Sites under the jurisdiction of this Contract for which there will be
payment as set out in Contract Clause 9.3.3. The Contractor should deal with Rejected
Greenwaste as described in paragraph 16.14 below.
16.4
A typical method for the composting of Greenwaste is set out below.
Outline Method
16.5
Clean and selected Greenwaste material is to be stored on Site in the Designated Area until the
shredder visits the Site or it is removed to a third party site where it is to be shredded/treated.
After shredding it is composted in large heaps (or windrows) which need to be turned regularly
so as to ensure the compost process remains aerobic.
There should be utilised a thermophilic aerobic Greenwaste composting system capable of
producing a virtually odourless non-phytotoxic material, which has commercial benefits as a
soil improvement agent. This system should be carried out in a controlled manner in
accordance with licence conditions and good industry practice to ensure consistent quality and
avoids pollution. As part of the Service the Contractor shall within the Designated Areas
arrange for receipt, stockpiling, shredding, composting and sale of the material within
timescales defined within Greenwaste Development Plan.
16.6
Subject to Environment Agency approval paper sludge may be mixed with the Greenwaste
prior to shredding at a ratio of one volume of paper sludge to six volumes of Greenwaste
(Approx. 1:3 on a weight basis). Paper sludge aids the composting process and improves the
compost’s moisture retention capabilities during dry periods.
16.7
During composting microbial activity reduces both the weight and volume of Greenwaste by
approximately 50% so to save on space it is normal practice to double up windrows in the
course of composting. After a period of between 3 and 6 months, depending on prevailing
conditions, the composted material will be screened if appropriate. The screen size will vary
between 15 and 30 mm depending on end use.
119
CONTRACT APPENDICES
16.8
Oversize material will be returned to the windrows for further breakdown. The screened
compost will be stored ready for sale. By this stage the material is stable and there is little
further microbial activity.
Control of Processes
16.9
The rate of composting is optimised by altering the frequency of turning, which serves three
purposes:
• Supply of fresh air (oxygen)
• Release of Heat
• Release of moisture
The temperature within the heap is the best indication of the rate of breakdown and as an aid to
control regular temperature readings should be taken at no longer than 2-week intervals.
Duration
16.10
The composting process may be divided into the primary phase during which rapid breakdown
of the organic material occurs and the maturation phase, which allows the compost to stabilise.
The total time required for the primary composting phase will depend upon the quality of the
Greenwaste used, the time of year and weather conditions but will not normally be less than
three months.
Yield
16.11
The yield will vary according to the nature of the feedstock and the level of screening but on
average two tonnes of fresh Greenwaste produces approximately one tonne of compost after
screening.
Sale of Compost
16.12
The Contractor shall arrange for the Sale of the compost and shall be responsible for
arrangements for subsequent collection or delivery.
Performance Monitoring
16.13
Both the Authority and the Contractor shall work together with the aim of making the operation
of the Service successful.
As part of the Contractor’s own performance monitoring he shall keep records of the tonnage of
Greenwaste received, the percentage rejects measured as a proportion of the total Greenwaste
composted and the tonnage of ‘Completed’ Compost available for Beneficial Use.
The Contractor shall be responsible for the eventual Beneficial Use of the Greenwaste. The
Contractor will be required to demonstrate that he has sufficient resources to match the
anticipated throughput of Greenwaste.
The Contractor will keep a documentary record of the Greenwaste from its receipt through the
shredding and composting processes sufficient to provide an auditable record of Greenwaste
based upon daily delivery tonnages. The records shall be sufficient to demonstrate to an Audit
Team, the physical location of Greenwaste at any time from receipt through to Beneficial Use
and to provide evidence of its physical movements and composting
Process Monitoring
16.13
The process of monitoring Greenwaste received rejected material and ‘Finished’ Compost
removed from the Site is the entire responsibility of the Contractor.
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The Contractor will monitor actual performance, which will be reviewed at the regular meetings
(clause 3.4.4 refers). The Contractor shall demonstrate to the Authority’s Representative’s
satisfaction at the end of the first 12 months of the Contract period and thereafter at regular 12
monthly intervals that there has been continuous improvement in delivery of the Service in
accordance with the principles of Best Value. Details of corrective actions will also be agreed
at these meetings if required.
During the primary and maturing phases of composting, routine monitoring of temperature of
the composting piles will take place using a probe thermometer or similar
Classification of Rejects
16.14
The Contractor should be aware of the ‘sustainable’ philosophy used within this Contract. He
should assess the economic viability of processing each of the Greenwaste streams. The
Contractor will have to deal with rejects from the acceptance stage, shredding stage, and the
screening stage, but will also have to dispose of partially completed compost from stockpiles if
found to be contaminated.
If the Contractor decides that following the analysis of a partially composted stockpile it is
uneconomic to complete the composting process due to the level and type of contamination he
should direct it for disposal. The Authority’s representative should be given 24 hours notice to
inspect the condition of the partially composted stockpile before it is directed for disposal by the
Contractor. Contract Condition 9.3.3 refers.
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