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Engineering and Construction Short Contract

Ref: 25320 Title: South Woodham, Gosses Farm, Hydemarsh, Old Hall Marshes, Rolls Farm, , St. Lawrence and Tollesbury Wick Vegetation Clearance works (22466 call- off)

Notes about this contract are printed in boxes like this one. They are not part of the contract.

Tender Pack Contents

Ref: 25320 Title: South Woodham, Gosses Farm, Hydemarsh, Old Hall Marshes, Rolls Farm, Creeksea, St. Lawrence and Tollesbury Wick Vegetation Clearance works (22466 call-off)

Information for tenderers

Tender Cover

Section 1 Background Information

Section 2 Contract Data

Section 3 The Contractor’s Offer / The Employer’s Acceptance

Section 4 Price List

Section 5 Works Information

Section 6 Site Information

Section 7 Health & Safety

Section 8 Appendices

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Information for tenderers (This information is not part of the contract)

Tender Documents 1 Tenderers should receive the following documents: Information to tenderers Tender Cover Section 1 Background Information Section 2 Contract Data Section 3 The Contractor’s Offer / The Employer’s Acceptance Section 4 Price List Section 5 Works Information Section 6 Site Information Section 7 Health & Safety Section 8 Appendices

If you have not received a document please notify your EA procurement contact immediately. Acknowledgement 2 Please promptly acknowledge receipt of documents and letters using the form(s) provided. Clarification 3 If the documents are unclear or you need extra information from the Environment Agency to complete your bid, write, fax or email your EA procurement contact. Replies will be in writing with copies to all tenderers. Additions or corrections 4 If the Environment Agency needs to provide extra information or correct an to documents existing document a supplementary letter will be sent all tenderers. Site visits 5 You are recommended to visit the site of any work before you tender. Before a visit you must make an appointment by contacting the project manager. If you are unable to 6 If you are unable to submit a tender please immediately notify the EA tender procurement contact and return all the documents. Please also notify the Environment Agency of the reasons for withdrawal. Time and place to return 7 Tenders must be emailed to the Procurement Contact that sent out the tenders competition documents. 8 Tenders must arrive not later than 12:00 noon on the required date 9 Tenders submitted after the latest time for return may be considered if there is clear evidence (e.g. post office franked postmark) that the Tender had been despatched in adequate time to allow arrival. Completing the tender 10 Please complete in black ink all the spaces provided for completion. 11 Your Tender must comply with the enquiry documents as issued. 12 If your own or Subcontractor’s terms, conditions or specifications are referred to on documents included with your tender, then you must make it clear that they do not apply. 13 All prices and rates should exclude VAT. Price List 14 The Price List is included in Section 4. It must be extended and fully totalled. Alternative proposals 16 The Environment Agency is committed to continuous improvement. If you consider you can offer any advantage by submission of an alternative offer you are encouraged to do so, but it will only be considered if it constitutes a fully priced alternative tender and is submitted in addition to a fully compliant tender. Assessment of tenders 17 Received tenders are arithmetically checked. Simple errors are corrected, and a revised total calculated with the activity/unit prices or rates remaining unaltered. Tenderers will be notified of any errors and asked either to confirm the revised total or withdraw the tender. 18 If significant errors in pricing, arithmetic or other details are discovered the tender may be rejected. 19 Received tenders after arithmetical checking are assessed either on price alone or the most economically advantageous tender on the basis of cost and quality. 2 Information for tenderers (This information is not part of the contract)

General 20 The Environment Agency do not undertake to accept the lowest or any tender. 21 The Environment Agency will not pay any of your tendering costs.

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Section 1 Background Information

Ref: 25320 Title: South Woodham, Gosses Farm, Hydemarsh, Old Hall Marshes, Rolls Farm, Creeksea, St. Lawrence and Tollesbury Wick Vegetation Clearance works (22466 call- off)

The Environment Agency (the Agency) was established on 1 April 1996 from the merging of the National Rivers Authority, Her Majesty’s Inspectorate of Pollution and the Local Waste Regulation Authorities. The Agency is responsible for the protection and management of the environment in and Wales by combining the regulation of land, air and water.

The Agency is structured into eight regions, each with its own area offices and employs in excess of 10,000 staff. The Head Office is situated in Bristol with an office in London.

The Environment Agency has Operations Delivery teams that manage the routine maintenance of designated watercourses. A framework is required to provide a competent skilled works team to undertake specific tasks in support of primarily the Flood Risk Management and the Operations Delivery works programmes.

In general terms the defined services require contractors to undertake routine maintenance of designated watercourses and other minor projects within the defined works programmes.

Contract Strategy

Work will involve the complete removal of all woody growth above ground level on the front face, crest and back slope of the seawall. The existing woody growth is to be cut as close to ground level as is practicably possible, chipped or removed from site. All stumps to be ground out.

Evaluation Criteria

Tenders will be evaluated based of cost and quality. The Cost: Quality split will be 60:40. The quality element will be evaluated on the following:

• Proposed Methodology • Previous Experience of similar work undertaken • Health & Safety • Deliverability

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Section 2 Contract Data

The Employer is Name The Environment Agency Address Nick Purdie Environment Agency Office Brookend Road (South) Chelmsford CM2 6NZ

Telephone 01473 706100 E-mail address [email protected]

The works are South Woodham, Gosses Farm, Hydemarsh, Old Hall Marshes, Rolls Farm, Creeksea, St. Lawrence and Tollesbury Wick Vegetation Clearance works (22466 call-off)

The site is South Woodham, Gosses Farm, Hydemarsh, Old Hall Marshes, Rolls Farm, Creeksea, St. Lawrence and Tollesbury Wick Vegetation Clearance works (22466 call-off)

The starting date is 25/10/2010 The completion date is 03/11/2010 The period for reply is 2 weeks The defects date is 52 weeks after Completion The defects correction period is 4 weeks The delay damages are ………………… per day The assessment day is the The last working day of each month The retention is ………………… %

The Adjudicator is the person appointed as follows: In the event that a first dispute is referred to adjudication, the referring Party at the same time applies to the Institution of Civil Engineers to appoint an Adjudicator. The application to the Institution includes a copy of this definition of the Adjudicator. The referring Party pays the administrative charge made by the Institution. The person appointed is also Adjudicator for later disputes.

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Section 2 Contract Data

The interest on late payment is 8% per annum above the Bank of England Base Rate.

The Contractor is not liable to the Employer for loss of or damage to the Employer’s property in excess of £100,000 for any one event

The Employer provides this insurance None

The minimum amount of cover for the third insurance stated in the Insurance Table is £5, 000, 000

The tribunal is Litigation in the courts

The conditions of contract are the third edition (June 2005) of the NEC Engineering and Construction Short Contract. Subject to project/programme specific details the NEC 'Term Services Contract' may be considered as an alternative to the ECSC. The following additional conditions apply

1. Environment Agency as regulatory The Environment Agency’s position as a regulatory authority and as authority Employer under the contract are separate and distinct. Actions taken in one capacity are deemed not to be taken in the other. Where statutory consents must be obtained from the Environment Agency in its capacity as a regulatory authority, the Contractor is responsible for obtaining these and paying fees. The Environment Agency’s acceptance of a tender and the Employer’s instructing or varying work does not constitute statutory approval or consent. 2. Correctness of Site Information Site Information about the ground, subsoil, ducts, cables, pipes and structures is provided in good faith by the Employer but is not warranted correct. The Contractor checks the correctness of any such Site Information he relies on for Providing the Works. 3. The Contracts (Rights of Third A person or organisation who is not one of the Parties may not enforce a Parties) Act 1999 term of this contract under the Contracts (Rights of Third Parties) Act 1999. 4 Changes in the law A change in the law of England is a compensation event if it occurs after the contract date. 5 Time and material work If work is instructed on a time and material basis, clause 6, (Compensation events) does not apply and the Price for Work Done to Date does not exceed the total of the Prices in the Works Instruction or a later forecast of the total notified by the Contractor and accepted by the Employer. The Employer may decline to accept a forecast for any reason. 6 Prevention Delete first sentence of clause 62.2 and replace with: “Quotations for compensation events except for the compensation event described in 60.1(12) comprise proposed changes to the Prices or rates and any delay to the Completion Date assessed by the Contractor. Quotations for the compensation event described in 60.1(12) comprise any delay to the Completion Date assessed by the Contractor. Insert new clause 63.0: “For the compensation event described in 60.1(12) the Prices are not changed. For other compensation events the Prices are changed as stated in sub-clauses 63.1 and 63.2”

7 Confidentiality and Publicity The Parties do not disclose information about each other or those of others obtained in connection with the works or details of the works

6 except when necessary to carry out their duties under this contract or their obligations under the Environment Agency Contractors Framework Agreement 2. The Contractor may publicise the works only with the Employer’s written agreement. To comply with statutory obligations to disclose information: • the Contractor co-operates with the Employer to enable disclosure obligations to be complied with, • the Employer decides if information is exempt from statutory disclosure. 8 Sub-contractors The Contractor submits the name of each proposed Subcontractor to the Employer for acceptance. A reason for not accepting the Subcontractor is that his appointment will not allow the Contractor to Provide the Works. The Contractor does not appoint a proposed Subcontractor until the Employer has accepted him.

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Section 3 The Contractor’s Offer

The Contractor is Name Rampling Plant Hire Ltd Address 55, Firs Road West Mersea Essex CO5 8JP

Telephone 01206382989 Fax 01206384782 E-mail address [email protected]

The percentage for overheads and profit added to the Contractor’s Cost for people is …5……% The percentage for overheads and profit added to other Contractor’s Cost is ……5……% The Contractor offers to Provide the Works in accordance with the conditions of contract for an amount to be determined in accordance with the conditions of contract. The offered total of the Prices is £202100.00………………………………………………

Two Hundred and two thousand one hundred pounds

We declare that this tender was prepared and is submitted in good faith. We declare that we have not communicated to any person other than the Employer, the amount or the approximate amount of the tender prices and the prices have not been adjusted or fixed by arrangement or in collusion with any third party (other than in confidence to obtain insurance quotations or finance required in connection with the tender). We undertake that we will not enter into any such communication or enter into a collusive arrangement whether in relation to this tender or a tender submitted or to be submitted by a third party. We also undertake that we have not and will not (a) corruptly solicit, receive or agree to receive; or (b) offer or agree to give directly or indirectly to any employee, consultant or contractor of the Employer; any thing, service or money for doing or not doing anything or showing favour or disfavour to any person, in relation to this contract or any other contract to which the Employer is party. If we or an employee or authorised agent or subcontractor or consultant are in breach of the above declarations and undertakings we agree that the Employer may terminate the contract and the payment due is assessed as if clause 90.3 Reason 3 applied. Signed on behalf of the Contractor Name Graham Rampling Position Director

Signature Date 19/10/10

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The Employer’s Acceptance

The Employer shall accept the successful Contractor’s Offer to Provide the Works by letter.

Section 4 Price List

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Prior to completing the following price schedule, Tenderers should note that: ¾ All costs to be quoted must be exclusive of VAT ¾ All costs are to be identified since the Agency will not be responsible for any expenditure not identified at the tender stage. ¾ Contractors are requested to provide lump sum costs for undertaking the entirety of the defined works. The lump sum to be based upon the agreed rates and shall include all costs to complete the defined works, mobilisation and other associated variable costs required to prepare and clean the site as required. ¾ All costs are to be effectively managed and should there be – i. Additional works required due to unforeseen circumstances at the outset; ii. Restrictive or limited technical information/ drawings available; iii. Difficulty in specifying works required; Then day-works may be utilised as an alternative option. ¾ Other variable items which the Contractor needs to put in place in order to carry out the works safely, avoiding pollution, maintaining the local flood defence capability, satisfying the Agency’s specific requirements etc, will need to be identified separately within the fixed price submission. Such variable items may include the erection/ dismantling of scaffolding, containment, other site specific requirements etc. which although are site specific, tenderers are requested to provide indicative costs.

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SECTION 1 GENERAL ITEMS

inc

SECTION 2 SITE SPECIFIC ITEMS Item N° Description Unit Quantity Rate (£) Price (£) 1 Brightlingsea East – Clearance 10700.00 2 Crepping Hall – Clearance 24540.00 3 Erwarton – Clearance 17400.00 4 Howlands Marsh– Clearance 12100.00 5 Langenhoe– Clearance 10400.00 6 Mersea Island– Clearance 19300.00 7 Moverons– Clearance 14600.00 8 Point Clear– Clearance 13200.00 9 Wivenhoe & Rowheadge-Clearanc 19500.00

10 Brightlingsea East – Grasscutting 8500.00 11 Crepping Hall – Grasscutting 1000.00 12 Erwarton – Grasscutting 6200.00 13 Howlands Marsh– Grasscutting 9010.00 14 Langenhoe– Grasscutting 11200.00 15 Mersea Island– Grasscutting 6500.00 16 Moverons– Grasscutting 3500.00 17 Point Clear– Grasscutting 3500.00 18 Wivenhoe&Rowhedge-Grasscuttin 10950.00

Section 2 Sub Total of Prices 202100.0

To be completed by the contractor SECTION 3 OTHER ITEMS Item N° Description Unit Quantity Rate (£) Price (£)

inc

Section 3 Sub Total of Prices Total of Prices (Sections 1,2 & 3)

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Section 5 Works Information

Description of the works

Work will involve the complete removal of all woody growth above ground level on the front face, crest and back slope of the seawall including the folding. The existing woody growth is to be cut as close to ground level as is practicably possible, chipped or removed from site. All stumps to be ground out.

12 General Requirements:

Background 1.1. The scrub clearance works which we, Essex Operations Delivery (Ops Del) started in 2009 is to be continued this financial year in order to ensure that the remaining seawalls protecting the Essex coast meet our required standards.

1.2. Approval has been granted by Natural England for this important work subject to the conditions contained in this contract documentation.

Programme 2.1. Clearance works are to be carried out between 25th October to 3rd November 2010.

2.2. Works are to be suspended after seven consecutive days of severe cold weather and may be restarted once the temperature rises.

2.3. The Contractor is to submit an outline programme of works with the tender including as a minimum the proposed starting date on site and the anticipated end date on site.

3. Scope of works 3.1. In general the work will involve the complete removal of all woody growth above ground level on the front face, crest and back slope of the seawall including the folding. The existing woody growth is to be cut as close to ground level as is practicably possible, chipped or removed from site. All stumps to be ground out.

3.2. The width of the folding is taken to be: 1. Where a borrow dyke is present, the folding is from the toe of the seawall to the top edge of the borrow dyke. 2. Where there is a fence, field limit or garden boundary within 5m of the toe of the slope, the folding is from the toe of the seawall to the fence, field limit or garden boundary. 3. Where there is no borrow dyke and no fence, field limit or garden boundary the folding is from the toe of the slope to a distance of 5m from the toe.

3.3. Removal of scrub by hand using chainsaw, brush cutters and hand tools and/or using tractor mounted flail or flail attachment on a hydraulic excavator or similar.

3.4. Felling of trees – predominantly 3m high with trunks up to 200mm diameter, but occasionally up to 10m high with trunks up to 250mm diameter.

4. Specification 4.1. Trees with a diameter of over 250 mm may contain bats, if they need to be felled please contact the Project Manager.

4.2. Once a tree has been felled the stump is to be removed by stump grinding. The stump and exposed buttress roots are to be chipped to a depth of 300mm below the surrounding surface. The remaining hole is then to be backfilled and ground made good (not using the chippings from grinding).

4.3. If the stump is on the seaward face of the sea defence and removal is liable to damage the defence then our Technical Support Team needs to be consulted prior to removal.

4.4. Any small stumps that remain MUST be of a flailable size i.e. not having a diameter greater than 50mm.

4.5. Chippings are only to be spread on the footprint of the scrub or trees which have been cleared and not on adjacent grass or flowers. If a large volume of chippings are generated i.e. greater than 75mm high, then the Project Manager, or remove from site for recycling.

4.6. Access and Egress 4.6.1. Although we will provide you with maps detailing the specific work areas and landowner information where possible, the contractor will be responsible for liaising with landowners where necessary to gain access 4.6.2. Whilst undertaking the clearance works, should the work area or access routes become damaged, i.e. rutted due to weather or ground conditions, the work must cease immediately.13 You must inform the Project Manager immediately. Please remember many of these areas are 4.6.2 Whilst undertaking the clearance works, should the work area or access routes become damaged, i.e. rutted due to weather or ground conditions, the work must cease immediately. You must inform the Project Manager immediately. Please remember many of these areas are environmentally sensitive areas.

4.6.3 The contractor will be liable for any cost involved with regard to reinstatement of damages caused during their works i.e. damage to sea defence, as above, or gates and fences etc.

4.7 Litter 4.7.1 All litter present within or below the vegetation is to be removed from site and disposed of appropriately by the Contractor.

4.8. Signage 4.8.1. Whilst undertaking these works your equipment and vehicles shall display magnetic signs which will make reference that your company is working in partnership with the Environment Agency. We will provide the necessary information for you to have these made.

4.9. Notices 4.9.1. Information notices must be put up adjacent to the work areas to notify the public of the works. (We will provide these for you to erect). These will need to be erected 1 week prior to commencing works and be removed no earlier than 1 month after work has been completed, but no longer than 2 months from completion.

4.10. Health & Safety 4.10.1. Members of the Public 4.10.1.1. Many of our sea defences are designated as public footpaths, some however are not officially public rights of way, yet members of the public may walk along these. The contractor and his employees should be aware of this and, with this in mind, path ways should be left unobstructed and free from debris.

4.10.1.2. Should a footpath closure be required it will be the contractor’s responsibility to obtain the appropriate consent and bear any cost involved. The Environment Agency has not obtained any such consents.

4.10.2. Risk Management Paperwork 4.10.2.1. The contractor will provide method statements and risk assessments for the works, site specific, to the project manager, 7 days prior to commencing works. The contractor will not be able to proceed until this has been fulfilled.

4.10.2.2. The contractor shall brief the risk management information to his operatives via a tool box talk and provide when requested a signed register to demonstrate that this has taken place.

4.10.2.3. When working on site Operatives are to carry copies of this information along with an emergency plan.

4.10.3. Utility Services 4.10.3.1. No service searches have been carried out by the Environment Agency. If the contractor considers this to be necessary then it is his responsibility to undertake these and if required implement any changes to working practices.

4.10.4. Contractors Operatives 4.10.4.1. The contractor will provide copies of their operatives training documentation prior to commencing works.

4.10.4.2. The Contractor is responsible for the health, safety and welfare of all staff on site.

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5. Financial Requirements 5.1. If the contractors tender is successful he will not commence works until he has received our official purchase order.

5.2. The Project Manager shall be notified when the works are nearing completion or once the work has been completed. The Project Manager will sign off that the works have been completed to the required standard by the contractor.

5.3. The contractor shall allow seven working days from completion of works before submitting his invoice, if the invoice is received before the works have been completed or signed off this may result in a late payment.

5.4. The works will be awarded on a fixed price basis. Under no circumstances will the contactors invoice value exceed the purchase order value.

5.5. Once the works have been signed off and the invoice approved payment will be made to the contractor in line with our standard procurement agreements.

Drawings Drawing number Revision Title See attached Location Map ………… ………………………………………………………….. ………………………………. ………… ………………………………………………………….. ………………………………. ………… ………………………………………………………….. ………………………………. ………… ………………………………………………………….. ………………………… ………… …………………………………………………………..

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Section 5 Works Information

Specifications Title Date or revision Tick if publicly available National Watercourse Maintenance Framework 09/ 07 / 2007 Provided in original tender The Management of External Contractors 07 / 02 / 2007 Provided in original tender Standards Specific to Activities Provided in original tender Specification for the Corrosion Protection of Steel Structures

Constraints on how the Contractor Provides the Work

• The normal hours of work on site shall be Monday to Friday 08:00 to 17:30. Weekend and Bank Holiday working on site, and working outside of the hours stated above shall be with the written approval of the Employer.

• Methods of work are to be provided by the Contractor in accordance with the Conditions of Contract and the Specification.

• Temporary works in the flood plain will require Land Drainage Consent from the Agency.

• The Employer shall identify and notify relevant owners and occupiers in writing, at least 14 days in advance of the Contractors intention to commence works. The Contractor will not be permitted to advance his programme for the site unless the notice period stated above has been provided with the agreement of the owners and occupiers.

• In order to assess the extent of work, the Contractor shall visit each site when pricing the work. The Contractor shall inform the Employer of the time and date of each site visit before going to site.

• It is the Contractor's responsibility to agree a suitable access route for his proposed plant with the landowners. Details of the routes must be included within the method statements. Access conditions may deteriorate following wet weather and the Contractor should assume the worst conditions when preparing his quotation

• Compensation will be agreed and paid by the Agency (via its appointed land agents) to affected landowners based on the contractors programme, proposed access routes and method statements. Compensation claims incurred due to the contractors failure to comply with its programme, access routes and/or method statements will be passed on to the contractor.

16 • Where necessary the Contractor shall include for the removal and replacement of any gates, fences or hedges or any other measures necessary such as installing temporary tracks or crossings to facilitate access. The Contractor shall be responsible for reinstating access tracks/ routes to the same condition as encountered on arrival to the site.

• The Contractor shall take all reasonable steps to avoid damage and disruption to the surrounding land to the designated sites and associated access routes. Such land may be privately owned, commercially managed for industrial, agricultural use, or part of the local social amenities etc. Any problems with access should be reported directly to the Employer.

• A key, which must be returned on completion of the works, will be provided as necessary to allow access through Agency gates and inspection chamber covers.

• If access to a site has deteriorated (e.g. due to heavy rainfall) making it difficult or impossible for the Contractor to access, the Contractor shall immediately contact the Employer. The Contractor shall inform the Employer of his intention to continue work at this site or submit a request to the Employer that he may either postpone work or be permitted to start work at another site. If the Contractor decides to continue at the original site, this will be at his own risk.

• The works must be carried out between 25th October and 3rd November 2010.

17 Section 5 Works Information

Requirements for the programme

A programme must be submitted detailing the following:

¾ Key activities ¾ Order and timing of work ¾ Start dates ¾ Completion dates ¾ Allowances for health and safety requirements

A method statement should be provided for the works, to identify equipment and resources to be used. This must include Labour, Plant and Materials. In addition the method statement must show the working methods proposed and risk assessments covering all activities. Please also submit a detailed method statement used previously for a similar activity.

Requirements for the Environmental Action Plan

An Environmental Action Plan must be submitted with the tender detailing the following:

¾ Likely environmental hazards and risks ¾ The methods that will be used to prevent them and to minimise their impact should they occur ¾ The methods that will be used to ensure compliance with Waste Management Regulations

Services and other things provided by the Employer

Item Date by which it will be supplied ………………………………………………………………………………. ………………………... ………………………………………………………………………………. ………………………... ………………………………………………………………………………. ………………………... ………………………………………………………………………………. ………………………... ………………………………………………………………………………. ………………………... ………………………………………………………………………………. ………………………... ………………………………………………………………………………. ………………………... ………………………………………………………………………………. ………………………... ………………………………………………………………………………. ………………………... ………………………………………………………………………………. ………………………... ………………………………………………………………………………. ………………………...

18 Section 6 Site Information

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