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Bedding Plant Tender Document FINAL

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Bedding Plant Tender Document FINAL Powered By Docstoc
					BASINGSTOKE & DEANE BOROUGH COUNCIL




                          Invitation to Tender for
               Bedding Plant Production and Supply Contract


Comprising

PART 1 – THE COUNCIL’S REQUIREMENTS

The following three sections set out the Council’s bidding, specification and contract
requirements.

        1.    Instructions to Tenderers                (Section 1)
        2.    Specification                            (Section 2)
        3.    Contract Documents                       (Section 3)

Tenderers are asked to make their response to these requirements by completing and
returning the Tender Documents in Part 2 of this Invitation to Tender.



PART 2 – TENDER DOCUMENTS
        1.    Form of Tender and Pricing Schedule      (Section 4)
        2.    Collusion Certificate                    (Section 5)
        3.    Response to Specification                (Section 6)
        4.    Checklist for a complete response        (Section 7)


Appendices:


       Appendix 1 - Detailed Plant Specification*
       Appendix 2 – Detailed Basket and Container Specification*
       Appendix 3 - Plant Tower Location Maps
       Appendix 4 – Sustainability Policy


       * Appendix 1 & 2 included on enclosed CDRom




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BASINGSTOKE & DEANE BOROUGH COUNCIL




PART 3 – RETURN DETAILS

Date of despatch of Invitation to Tender:       Monday 2 March 2009

Tender return date:                             Friday 27 March 2009 - 12 Noon

Tender shall be returned to:

Sue Daniels
Administration Team Leader
Basingstoke and Deane Borough Council
Civic Offices
London Road
Basingstoke
Hampshire
RG21 4AH




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BASINGSTOKE & DEANE BOROUGH COUNCIL


Section 1 – Instructions to Tenderers for the Provision of
Bedding Plant contract
1      General Information and Instructions
1.1    Compliance with Instructions:
       Tenders submitted shall be in accordance with and subject to the terms of these
       instructions and other documents comprising the Invitation to Tender.

       Tenders not complying (or which cannot promptly be rendered compliant) with
       any mandatory requirement will be rejected. A mandatory requirement is
       indicated by the word “shall” or “must”.

       Any queries about the tender documents or Tendering Certificate which may
       affect the preparation of the tender shall be raised without delay (preferably in
       writing) with the Contact Officer. If the council considers a query may have a
       material effect on the tendering process, all tenderers will be notified without
       delay in writing.

1.2    This invitation to tender does not constitute an offer and the council does not
       undertake to accept any tender. The council reserves the right to accept any
       part of any tender.

1.3    The council will not reimburse any tendering costs.

1.4    The Contact Officer for this procurement is: Danielle Clarke, Basingstoke &
       Deane Borough Council, Civic Offices, London Road, Basingstoke, Hampshire
       RG21 4AH, telephone number 01256 845726, e-mail
       danielle.clarke@basingstoke.gov.uk.

2      Confidential Nature of Tender Documentation and Bids
2.1    Tenderers shall not discuss the bid they intend to make other than with
       professional advisers or joint bidders who need to be consulted. Tenders shall
       not be canvassed for acceptance or discussed with the media or any other
       tenderer or member or officer of the council.

2.2    If a tenderer does not observe paragraph 2.1, the council will reject the tender
       and may decide not to invite the tenderer to tender for future work.

3      Preparation of Bid
3.1    If the council considers that a cover price (i.e. a bid that is not intended to be
       considered seriously) has been submitted, the council may reject the tender and
       may decide not to invite the tenderer to tender for future work.

3.2    Where the council regards an amendment to the original tender documents as
       significant, an extension of the closing date may, at the discretion, of the council
       be given to all tenderers.

3.3    No alteration or addition shall be made to the Form of Tender, Pricing Schedules
       or any part of the Invitation to Tender except where expressly allowed or as
       provided below in paragraph 3.5.


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BASINGSTOKE & DEANE BOROUGH COUNCIL

3.4    Tenders shall not be qualified or accompanied by statements that might be
       construed as rendering the tender equivocal. Only unqualified tenders will be
       considered. The council’s decision as to whether or not a tender is in an
       acceptable form will be final.

3.5    Tenderers must obtain for themselves all information necessary for the
       preparation of their tender and satisfy themselves that the quality and standards
       specified by them or the council are appropriate. Information supplied to
       tenderers by the council’s staff or contained in the council’s publications is
       supplied only for general guidance in the preparation of the tender. Tenderers
       must satisfy themselves as to the accuracy of any such information and no
       responsibility is accepted by the council for any loss or damage of whatever kind
       and howsoever caused arising from the use by tenderers of such information.

3.6    Tenders and supporting documents shall be in English and any contract
       subsequently entered into and its formation, interpretation and performance shall
       be subject to and in accordance with the law of England and Wales.

3.7    The Invitation to Tender includes in Section 3 the council’s Contract Terms,
       incorporating a form of Contract Agreement. Any queries about any terms
       should be raised and agreed with the Contact Officer prior to tender submission.
       Proposing amendments to the form of Agreement in the tender submission may
       lead to rejection of the tender.

3.8    The tenderer must declare if any current or former Councillor or employee of the
       council is a director or, in the case of partnerships, is a partner or holds 20% or
       more of the shares or interest in the business.


4      Submission of Tender
4.1    Requirements for submission of information

4.1.1 All submissions shall be made on the Form of Tender and Pricing Schedules
      (Section 4) and be accompanied by the response to the Specification (Section
      2). Only information relating to the tenderer should be submitted unless
      otherwise requested.
      Every item shall be priced in sterling and the submission totalled

4.1.2 In order to evaluate the tender, the following documents will also be needed:

          the Collusion Certificate (Section 5)
          all other documents requested as part of Part 2 of this Invitation to Tender
           (the Tenderer’s Tender Document).

4.2    All tenders shall be returned in the envelope provided. The envelope shall be
       marked: Tender for Bedding Plant Production and Supply contract and
       addressed to Sue Daniels, Administration Team Leader, Basingstoke & Deane
       Borough Council, Civic Offices, London Road, Basingstoke, Hampshire,
       RG21 4AH and shall arrive there by 12 Noon on Friday 27 March 2009.

       Tenderers shall ensure that their tender arrives on time. No tender will be
       accepted if it is received after the stated arrival time.

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BASINGSTOKE & DEANE BOROUGH COUNCIL



4.3    Where tenders are delivered by courier or by any method other than by
       Royal Mail, they must be delivered to Civic Offices main reception during
       normal working hours (8.30 am to 5.00 pm Monday to Thursday and
       8.30 am to 4.30 pm Friday). Tenders shall not be handed to any other
       Council officer or member. Whichever method of delivery is used,
       tenderers shall ensure that the envelope or any franking thereon does not
       bear any marks or signs or any reference which may indicate who the
       tenderer is. (Post Office bar coding does not count as marking.)

4.4    Tenders shall not be sent and will not be accepted by fax or e-mail.

4.5    If there appears to be an arithmetical error in a submission or supporting
       information, the council shall, at its discretion, either disregard the tender or
       invite the Tenderer to amend, confirm or withdraw its bid. Except in the case of
       arithmetical errors, if any other error is found the Tenderer will be invited to either
       stand by the original uncorrected tender or to withdraw.

4.6    The Form of Tender shall be submitted by the organisation which it is
       proposed will enter into a formal contract with the Council if awarded the
       contract. It shall be signed by persons authorised to submit tenders and make
       contracts for the tenderer normally:

       4.6.1 where the tenderer is a partnership, by two (2) duly authorised partners;

       4.6.2 where the tenderer is a company, by two (2) directors or by a director and
             the secretary of the company, such persons being duly authorised for that
             purpose.

5      Award Criteria
5.1    Any tender that is accepted will be awarded to the most economically
       advantageous tender in accordance with the following award criteria in
       descending order of importance.

       Cost                                                                    60%

       Quality*:                                                               40%

       *To be broken down as follows:

       Service and Product (including site visit)                       25%
       Methodologies                                                    10%
       References                                                        5%


6      Award Process
6.1    The council expects to decide award of contract within 90 days of the closing
       date for submission of tenders (see paragraph 4.2). Tenders shall remain open
       for acceptance for a minimum of 90 days.

6.2    The council may, if necessary, extend the 90-day period for completing the
       award process.

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BASINGSTOKE & DEANE BOROUGH COUNCIL



6.3    Tenderers will be notified simultaneously and as soon as possible of any
       decision made by the council during the tender process, including award. When
       the council has evaluated the tenders, it will notify all tenderers about the
       intended award.

6.4    Acceptance of the tender by the council shall be in writing and shall be
       communicated to the tenderer. Upon such acceptance the Contract shall
       thereby be constituted and become binding on both parties and, notwithstanding
       that, the Contractor shall upon request of the council execute a formal contract in
       the form contained in the Contract Documents.

6.5    Tenderers must not undertake work without first having received a letter of intent
       or written notification that they have been awarded the contract and are required
       to start work. Contract documents will be prepared and issued for execution as
       soon as possible thereafter.

6.6    The council reserves the right in exceptional circumstances and after the
       opening of tenders to enter into discussion with any tenderer.

7      Tenderer’s Warranties
       In submitting its tender, the tenderer warrants, represents and undertakes to the
       Council that:

7.1    all information, representations and other matters of fact communicated (whether
       in writing or otherwise) to the council by the tenderer, its staff or agents in
       connection with or arising out of the tender are true, complete and accurate in all
       respects, both as at the date communicated and as at the date of tender
       submission;

7.2    it has made its own investigations and research and has satisfied itself in respect
       of all matters (whether actual or contingent) relating to the tender and that it has
       not submitted the tender and will not be entering into the contract (if the same be
       awarded to the tenderer by the council) in reliance upon any information,
       representation or assumption which may have been made by or on behalf of the
       council;

7.3    it has full power and authority to enter into the contract and perform the
       obligations specified in the Contract Documents and will, if requested, produce
       evidence of such to the council;

7.4    it is of sound financial standing and has and will have sufficient working capital,
       skilled staff, equipment and other resources available to it to perform the
       obligations specified in the Contract Documents.

7.5    it will not at any time during the Contract Period or at any time thereafter claim or
       seek to enforce for the purposes of this contract any lien, charge, or other
       encumbrance over property of whatever nature owned or controlled by the
       council and which is for the time being in the possession of the tenderer.




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 BASINGSTOKE & DEANE BOROUGH COUNCIL


 Section 2 – Specification
                   BASINGSTOKE AND DEANE BOROUGH COUNCIL
            BEDDING PLANT PRODUCTION AND SUPPLY SPECIFICATION



1.    BACKGROUND

1.1   Basingstoke and Deane Borough Council (the council) currently plants up to 500m2
      of beds with bedding plants.

1.2 The council is seeking a suitably qualified and experienced contractor to enter into a
    contract with for the production and supply of their bedding plant requirements. The
    contract will be for a period of three years, with an optional extension of a maximum
    of two years.

1.3 The requirements of the council are subject to continuous review. As a result, the
    council may require major or minor changes to the services required, and/or in the
    way the services are to be provided. The contractor must be flexible in the provision
    of the services

1.4 The contractor is to continually work to improve the delivery of the services, and to
    co-operate with the council to develop and implement mechanisms for increasing
    the efficiency, value for money and quality of the services.

1.5 The council will communicate with the contractor after each delivery of the first two
    orders to discuss successes and failures with the process

1.6 The contractor must be able to accommodate occasional short notice small
    emergency orders.

1.7 The contractor must be a member of the British Ornamental Plant Producers
    (BOPP) Growers certification scheme to silver level or above.

1.8 The council encourages contractors to become involved in social employment
    programmes supporting disadvantaged adults in the community either through work
    placement or supported employment and will look favourably upon contractors who
    are able to show evidence of this in their tender submission.


2.    OBJECTIVES
      The main objective of the contract is for the production and delivery of healthy
      bedding plants, on time and to the given specification.
      The councils requirements are divided into two elements, described below as Part A
      and Part B.




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BASINGSTOKE & DEANE BOROUGH COUNCIL




2.1    Part A – Production and Delivery of Bedding Plants


2.1.1 The contractor is required to grow and deliver approximately 15,000 plants in
      both May and October for each year of the contract, supply bulbs for the winter
      orders, and also deliver planted containers to precise specification. (Details
      found in Appendix 1 included on enclosed CDRom).
2.1.2 Small changes may be made to the plant specifications given in Appendix 1.
      Any such changes will be confirmed with each seasonal order.
2.1.3 Any changes to the specified plants by the contractor must be pre-arranged at
      the start of the growing season. Any changes made by the contractor must be
      similar to original requirement
2.1.4 All bedding plants are to be supplied free of pest and disease in a strong and
      healthy condition.
2.1.5 Any plants deemed not to be free of pest and disease and not in a strong and
      healthy condition will be returned to the contractor for replacement within one
      week at no extra cost to the council.
2.1.6 Any plants not delivered to the agreed specification will be returned to the
      contractor for replacement within one week at no extra cost to the council
2.1.7 All plants will be checked by a council officer at point of delivery. Any issues will
      be brought to the attention of the contractor within 24hrs of receipt of delivery
2.1.8 All bedding plants to be grown in agreed container sizes.
2.1.9 Each order will be delivered in two batches: week 43 and week 44 for the
      autumn delivery and week 21 and week 22 for the summer delivery according to
      the seasons specification.
2.1.10 All empty packaging will be returned to the contractor for recycling.
2.1.11 The previous seasons packaging, and any planters/baskets/liners to be planted
       for the following season, will be returned to the contractor on the final delivery
       lorry. It is the contractor’s responsibility to ensure that they receive back the
       planters/baskets/liners ready for each new seasons planting and the contractor
       will bear the cost of the collection if they are not returned on a scheduled delivery
       lorry. At the end of the contract period, the contractor must arrange collection of
       empty packaging and bear the cost of this.
2.1.12 All plants are to be delivered to:
       Basingstoke & Deane Borough Council
       Eastrop Park Depot,
       Eastrop Way,
       Basingstoke,
       Hampshire,
       RG21 4QB
       No earlier than 08:00 and no later than 14:00. Precise date and time of delivery
       to be agreed no later than two weeks prior to delivery.



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BASINGSTOKE & DEANE BOROUGH COUNCIL

2.1.13 All plants to be grown in either peat free or reduced peat substrate where
       practically possible.




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BASINGSTOKE & DEANE BOROUGH COUNCIL

2.2    Part B - Delivery of Hanging Baskets and Planters


2.2.1 The Contractor will plant the following council owned baskets and barrier planter
      liners and deliver with established plants at the same time as the bedding, to
      Eastrop Park Depot, according to specification shown in Appendix 2, included on
      enclosed CDRom.
2.2.1.1

                               Autumn Delivery - Week 43/44

          Description                                              Quantity

          Large barrier planter liners (Amberol BBU-1PL)              26

          Small barrier planter liners (Amberol BPU-1PL)              28
2.2.1.2

                                Spring Delivery – Week 21/22

          Description                                               Quantity

          Large barrier planter liners                                 66

          Small barrier planter liners                                 88

          Half barrier planter liners (Amberol HBB-1PL)                28

          Half baskets (Amberol UTP-1P)                                80

          Amberol CAS-0P small basket                                  16

          18” chain hung basket (Amberol CHB-1P)                        9


2.2.2 Plant and deliver 1 x 4 tier and 1 x 3 tier Amberol round precinct planters to
      locations shown in Appendix 3. contractor to arrange for planters to be collected
      from these locations at the end of the summer season, when the autumn
      bedding is delivered, in preparation for planting with the next summers designs.
2.2.3 Prior to planting the contractor will check the integrity of any capillary wicks and
      matting and make any necessary replacements, to be included in the price of
      planting.
2.2.4 All baskets and containers will be inspected for damage by council officers when
      they are removed at the end of each season prior to them being taken to the
      nursery. The contractor will be informed of any defects and the council will
      arrange for replacement or repair. Any baskets or liners damaged while in
      transit to or from the nursery or while at the nursery are to be replaced, like for
      like, by the contractor at no extra cost to the council.




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BASINGSTOKE & DEANE BOROUGH COUNCIL

3 GENERAL NOTES FOR PART A, AND PART B
3.1    Invoicing;

       The council will require one invoice in May and October after the final seasonal
       delivery. The invoice should clearly state the variety and quantity of plants or
       container description. Invoices should be sent to:
       Exchequer and Procurement Services
       Basingstoke and Deane Borough Council
       Civic Offices
       London Road
       Basingstoke
       Hants
       RG21 4AH
       The council is working towards electronic invoicing and the contractor must be
       prepared in future, to comply with any request for electronic invoicing.
3.1.2 The Landscape and Horticultural Officer will be responsible for performance
      monitoring over the life of the contract. Meetings will be scheduled as required.




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BASINGSTOKE & DEANE BOROUGH COUNCIL

Section 3 – Contract Documents




                         DATED                           2009




           THE BOROUGH COUNCIL OF BASINGSTOKE AND DEANE (1)




                                            and




                                      [CONTRACTOR] (2)




                                        AGREEMENT


                          Re: Bedding Plant Supply Contract




Chris Guy
Solicitor
Head of Legal and Democratic Services
Basingstoke and Deane Borough Council
Civic Offices
London Road
Basingstoke
Hampshire
RG21 4AH



                                             12
BASINGSTOKE & DEANE BOROUGH COUNCIL


THIS AGREEMENT is made the                      day of                    2009

BETWEEN:

(1)        THE BOROUGH COUNCIL OF BASINGSTOKE AND DEANE of Civic
           Offices London Road Basingstoke Hampshire RG21 4AH ('the Council'); and

(2)        [CONTRACTOR] (a company registered in England and Wales under
           number ) whose registered office is at
           ('the Contractor')

1          Recital

1.1        The council is desirous of Bedding Plant Production and Supply services and
           has accepted a tender from the Contractor for the provision of such services
           in accordance with the terms and conditions set out in this Agreement.

2          Definitions

The following terms shall have the following meanings:

2.1        'Commencement Date' means            [date] 2009

2.2        'Payments' means the amounts mentioned in clause 13;

2.3        'Services’ means the services to be performed in conformity with the
           Specification and tender documents submitted by the Contractor;

2.4        ‘Specification’ means the specification prepared by the council and attached
           hereto describing the Services

2.5        'Term' means the period of three (3) year from the Commencement Date
           (subject to the provision for extending the Term pursuant to clause 3) unless
           terminated earlier in accordance with the provisions of this Agreement;

2.6        words importing one gender shall be construed as importing any other
           gender;

2.7        words importing the singular shall be construed as importing the plural and
           vice versa;

2.8        words importing persons shall be construed as importing a corporate body
           and/or a partnership and vice versa;




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BASINGSTOKE & DEANE BOROUGH COUNCIL


2.9        where any party comprises more than one person the obligations and
           liabilities of that party under this Agreement shall be joint and several
           obligations and liabilities of those persons;

2.10       the clause headings do not form part of this Agreement and shall not be
           taken into account in its construction or interpretation; and

2.11       any reference to a clause or a paragraph is to one in this Agreement so
           numbered.

3         Extension of Term


3.1       The council may at its option extend the Term by serving written notice on the
          Contractor (which notice may be served at any time but not less than three
          (3) months prior to the expiry of the Term) for a further period of up to two
          years subject to mutual agreement of the parties as to the terms and
          conditions of such extension; and

           3.1.1   the Contractor shall within one (1) month of receiving the council’s
                   notice serve a counter-notice on the council either accepting or
                   rejecting the option of extending the Term; and

          3.1.2    if the Contractor fails to serve a counter-notice in pursuance of
                   Condition 3.1.1, then the Contractor shall be deemed to have
                   accepted the Council’s notice and be bound to continue to perform
                   the Service on the same terms and conditions of this Agreement for
                   the extended period of the Term.


4          The Contractor's obligations

4.1        The Contractor shall from the Commencement Date for the duration of the
           Term unless and until determined in accordance with clause 17 provide the
           Services in accordance with this Agreement and the requirements of the
           Specification.

4.2        Throughout the Term the Contractor agrees that:

           4.2.1   all staff and personnel employed in the performance of the Services
                   are suitably qualified and experienced;



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BASINGSTOKE & DEANE BOROUGH COUNCIL


           4.2.2   all such staff and personnel will be supervised by a manager or other
                   senior staff member of the Contractor; and

           4.2.3   all premises equipment and facilities required by such staff and
                   personnel to perform the Services will be supplied by the Contractor.

4.3        The Contractor will insure its staff and personnel engaged in the
           performance of the Services against injury sustained by them in the course
           of carrying out their duties and unless such injury shall be due to the act
           neglect or default of the council or of any person for whom the council is
           responsible the Contractor will indemnify the council against all actions
           claims and demands in respect of such injury.

5          Variations


           The Council shall be entitled to issue instructions to the Contractor to do all
           or any of the following:


5.1       To vary any part of the Services for such duration as the council may
           determine which may be either of a temporary or permanent nature.


5.2        To provide the Services or any part thereof in such manner as the Council
           may reasonably require.


5.3        To provide such services additional to the Services as the council may
           reasonably require, provided that such additional services shall be the same
           as or similar to the Services in which case the appropriate contract rates
           shall apply to such additional services.


5.4        The valuation of modifications pursuant to this clause 5 shall be ascertained
           by the council in accordance with the following provisions:


           5.4.1   where any part of the Services is omitted from the Specification the
                   rates   and    prices   applicable    thereto   shall   determine    the
                   ascertainment of the part of the Services omitted;




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BASINGSTOKE & DEANE BOROUGH COUNCIL

           5.4.2   where services of a similar character to and are executed under
                   similar conditions as the Services or any parts thereof the rates and
                   prices applicable thereto shall determine the ascertainment; or


           5.4.3   where services are not of a similar character to or not executed
                   under similar conditions to the Services or any parts thereof the
                   ascertainment shall be made at fair rates and prices having due
                   regard where applicable to the rates and prices payable under this
                   Agreement.


6          Equality and Diversity


6.1        The Contractor shall not unlawfully discriminate either directly or indirectly on
           such grounds as race colour ethnic or national origin disability sex or sexual
           orientation religion or belief or age and without prejudice to the generality of
           the foregoing the Contractor shall not unlawfully discriminate within the
           meaning and scope of the Sex Discrimination Act 1975 the Equal Pay Acts
           1970 and 1983 the Disability Discrimination Act 1995 the Employment
           Equality (Sexual Orientation) Regulations 2003 the Employment Equality
           (Religion or Belief) Regulations 2003 the Human Rights Act 1998 or other
           relevant legislation, or any statutory modification or re-enactment thereof.


6.2        The Contractor shall take all reasonable steps to secure the observance of
           clause 6.1 by all servants, employees or agents of the Contractor and all
           suppliers and sub-contractors employed in the execution of the Contract.

7          Sustainability

7.1        The council wishes to demonstrate its commitment to improving the
           environment and quality of life. It has adopted a Sustainability Policy (a copy
           of which is annexed to this Agreement), which it is actively promoting.

7.2        The council will use its position as specifying customer, and as an enabler,
           to further this commitment through this Agreement. The Contractor will be
           expected to share this commitment and, wherever possible, carry out the
           Services contract in compliance with the Sustainability Policy.




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BASINGSTOKE & DEANE BOROUGH COUNCIL


7.3        The Contractor will be encouraged to promote any policies that are
           consistent with the Sustainability Policy and which go beyond the specified
           requirements of this Contract.

8          Health and Safety


8.1       The Contractor shall at all times adopt safe methods of work and comply with
          the requirements of the Health and Safety at Work Act 1974.


8.2       The Contractor shall maintain a Health & Safety Policy for the Facility, a copy
          of which shall be supplied to the council also be made available to the
          Contractor’s employees.


8.3        The Contractor shall nominate a suitably qualified and experienced person to
           be responsible for the health, safety and welfare matters.


8.4        The Council shall be empowered to suspend the provision of the Services in
           the event of non-compliance by the Contractor with health and safety
           matters. The Contractor shall not resume provision of the Services until the
           Supervising Officer is satisfied that the non-compliance has been rectified. In
           respect of any such period of suspension, the default provisions as set out in
           these Conditions shall apply.

9          Compliance with Legislation

9.1        In carrying out the Services, the Contractor shall comply with the provisions
           of all statutes and subordinate legislation and any codes of management
           practice required or provided for under any such legislation.

10         Confidentiality

10.1       Except where disclosure is required by an order of the court or in order to
           comply with the requirements of any statutory or other competent authority,
           the Contractor shall not at any time during or after the Term to divulge or
           allow to be divulged any of the information or data obtained or collected in
           the performance of the Services to any person except to persons authorised
           in writing by the council.




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BASINGSTOKE & DEANE BOROUGH COUNCIL


11         Data Protection
11.1       The Contractor shall to the extent that information or data is processed or
           recorded by it in connection with the provision of the Services comply with
           the provisions of the Data Protection Act 1998.


12         Freedom of Information
12.1       Notwithstanding anything to the contrary contained or implied in any
           documents or negotiations leading to the formation of this Agreement:
           12.1.1    the council shall be entitled to publish and/or release any and all
                     terms or conditions of this Agreement, the contents of any
                     documents and/or information relating to the formation of this
                     Agreement under the provisions of the Freedom of Information Act
                     2000 and/or Data Protection Act 1998 as it sees fit;
           12.1.2    nothing contained in this Agreement shall prevent the council from
                     disclosing and/or publishing under the provisions of the Data
                     Protection Act 1998 and/or Freedom of Information Act 2000 any
                     term or condition or information contained in or relating to the
                     formation of this Agreement.
12.2       The Contractor shall:
           12.2.1    co-operate with the council and supply to them all necessary
                     information and documentation required in connection with any
                     request received by the council under the Data Protection Act 1998
                     and/or Freedom of Information Act 2000;
           12.2.2    supply all such information and documentation required under
                     clause 12.2.1 to the council at no cost save that the Contractor
                     shall be entitled to levy an administration charge (to be agreed in
                     advance between the parties) where the time expected to be spent
                     on dealing with any request is estimated to exceed fair and
                     reasonable limits;
           12.2.3    any information and documentation required under clause 12.2.2
                     shall be supplied within five days of receipt of any request; and
           12.2.4    the Contractor shall not publish or otherwise disclose any
                     information contained in this Agreement or in any negotiations
                     leading to it without the Council’s previous written consent.

13         Indemnity

13.1       The Contractor shall be liable for and shall fully and promptly indemnify the
           council, its officers, employees, agents and other contractors against all

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BASINGSTOKE & DEANE BOROUGH COUNCIL


           liabilities, damages, costs, losses, claims, demands and proceedings
           whatsoever, howsoever arising, whether in contract, tort or otherwise,
           directly or indirectly, out of, or in the course of, or in connection with, the
           provision of the Services or the breach by the Contractor of any provision of
           this contract.


13.2       The Contractor shall indemnify and keep indemnified the council against the
           injury to or death of any persons, or loss of or damage to any property
           (which, for the avoid of doubt, includes any vehicle of the council whilst in the
           custody and control of the Contractor), which may arise out of the act default
           or negligence of the Contractor, his employees or agents and against all
           actions, claims, demands, proceedings, damages, costs, charges and
           expenses whatsoever in respect thereof, or in relation thereto, provided that
           the Contractor shall not be liable for, nor be required to indemnify the council
           against, any compensation or damages for or in respect of injuries loss or
           damage resulting wholly from any act default or negligence on the part of the
           council its employees or agents not being a contractor employed by the
           Contractor.
13.3       Without thereby limiting his responsibilities under this Condition, the
           Contractor shall insure with a reputable insurance company against all loss
           of and damage to property and injury to, or death of, persons and/or the loss
           or damage of any vehicle of the council arising out of or in consequence of
           the Contractor’s obligations under the Contract and against all actions,
           claims, demands, proceedings, damages, costs, charges and expenses in
           respect thereof in a sum of not less than Five Million Pounds (£5,000, 000)
           or such as other sum as the council may from time to time notify to the
           Contractor.


13.4       The insurance in respect of personal injury or death of any person arising
           under a contract of service with the Contractor and arising out of an incident
           occurring during the course of such person’s employment shall comply with
           the Employers’ Liability (Compulsory Insurance) Act 1969 and the Road
           Traffic Act 1972 and any statutory orders made thereunder.




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BASINGSTOKE & DEANE BOROUGH COUNCIL

13.5       The Contractor shall supply to the council immediately upon request copies
           of all insurance policies, cover notes, premium receipts and other documents
           necessary to comply with this Condition.


13.6       The Contractor shall immediately notify the council and the Insurers of any
           happening or event which may give rise to any claim, demand, proceeding,
           damage, cost or charge whatsoever arising out of the performance of the
           Service and the Contractor shall indemnify the council against any loss
           whatsoever which may be occasioned to the council by the Contractor’s
           failure to give such notification.


14         The Council's obligations

14.1       In consideration of the Contractor performing the Services the council agrees
           to pay to the Contractor the sums that become due to the Contractor in
           accordance with the provisions of this Agreement and the Specification such
           payments to be made within 30 days of receipt of the Contractor’s invoice

15         VAT

15.1       All sums payable under this Agreement unless otherwise stated are
           exclusive of VAT and other duties or taxes.

15.2       Any VAT or other duties or taxes payable in respect of such sums shall be
           payable in addition to such sums.

16         Annual Review

16.1       The sums payable pursuant to clause 13.1 will be reviewed on [date] each
           year (being the “Review Date”) and the sum then applying shall be increased
           or reduced by a percentage equivalent to the percentage increase or
           reduction (if any) shown by the “General Index of Retail Prices (All Items)”
           issued by the Office for National Statistics (or if such index shall cease to be
           published such other retail prices index as may be published as its substitute
           or in the event that there is no direct substitute such index as the parties
           agree produces as nearly as possible the same result as the Index) since the
           immediately preceding Review Date (or in the case of the first such review
           since the date of this Agreement) and such increase or reduction will be
           applied in respect of the twelve month period commencing on the relevant
           Review Date.



                                                20
BASINGSTOKE & DEANE BOROUGH COUNCIL


17         Termination

17.1       Except for any of the termination events referred to in this clause 16,
           this Agreement shall terminate at the end of the Term (or any extension
           thereof pursuant to clause 3).

17.2       This Agreement may be terminated at any time by either party on 28 days’
           notice in writing to the other party upon the occurrence of any of the
           following events:

           17.2.1    if either party commits any material breach of the terms of this
                     Agreement which cannot be remedied within 14 days following
                     receipt of a notice specifying such breach;

           17.2.2    if either party enters into liquidation (other than bona fide solvent
                     liquidation for the purposes of reconstruction or amalgamation) or if
                     any resolution or order is passed or made for the purposes of the
                     voluntary or compulsory winding up of either party or if either party
                     enters into any composition with its creditors or suffers any distress
                     to be levied on its goods or if an administrator administrative
                     receiver or a receiver or manager is appointed over any of its
                     properties or assets or a petition is presented or an order made for
                     the administration of such property or assets; and/or

           17.2.3    if either party is prevented from performing any material obligation
                     by reason of a Force Majeure Event (as provided for under clause
                     18).

17.3       The council shall be empowered to cancel this Agreement and to recover
           from the Contractor the amount of any loss resulting from such cancellation if
           the Contractor or any person on the Contractor’s behalf 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 for having done or
           forborne to do any act in relation to the obtaining or execution of this
           Agreement or any other contract with the council or for showing or forbearing
           to show favour or disfavour to any person in relation to this Agreement or
           any other contract with the council or if the like acts shall have been done by
           any person employed by or acting on the Contractor’ behalf (whether with or
           without the knowledge of the Contractor) or if in relation to any contract with
           the council the Contractor or any person employed by or acting on the
           Contractor behalf shall have committed any offence under the Prevention or
           Corruption Acts 1889 to 1916, or shall have given any fee or reward the
           receipt of which is an offence under Section 117(2) and (3) of the Local
           Government Act 1972.

                                            21
BASINGSTOKE & DEANE BOROUGH COUNCIL




17.4       Any termination of this Agreement will not affect any accrued rights or
           liabilities or either party or any terms of this Agreement intended to continue
           in force.

18         Force majeure

18.1       Both parties shall be released from their respective obligations in the event
           of national emergency war prohibitive governmental regulation or if any other
           cause beyond the reasonable control of the parties or either of them renders
           the performance of this Agreement impossible whereupon all money due
           under this Agreement shall be paid immediately and in particular:

           18.1.1    the council shall immediately pay to the Contractor all arrears of
                     the Payments; and

           18.1.2    each party shall be liable to pay to the other damages for any
                     breach of this Agreement and all expenses and costs incurred by
                     that party in enforcing its rights under this Agreement.

19         The Council's right to assign

19.1       This Agreement and all rights under it may be assigned or transferred by the
           council.

20         No assignment or sub-contracting

20.1       The Contractor shall not assign or sub-contract any of its rights or duties
           under this Agreement without the consent in writing of the council (such
           consent not to be unreasonably withheld).

21         Proper law and jurisdiction

21.1       This Agreement shall be governed by English law in every particular
           including formation and interpretation and shall be deemed to have been
           made in England.

21.2       Any notice of proceedings or other notices in connection with or which would
           give effect to any such proceedings may without prejudice to any other
           method of Services be served on any party in accordance with clause 24.

22         Rights cumulative

22.1       All rights granted to either of the parties shall be cumulative and no exercise
           by either of the parties of any right under this Agreement shall restrict or

                                            22
BASINGSTOKE & DEANE BOROUGH COUNCIL


           prejudice the exercise of any other right granted by this Agreement or
           otherwise available to it.

23         Waiver

23.1       The failure by either party to enforce at any time or for any period any one or
           more of the terms or conditions of this Agreement shall not be a waiver of
           them or of the right at any time subsequently to enforce all terms and
           conditions of this Agreement.

24         Notices

24.1       Any notice given under this Agreement shall be in writing and may be
           served:

           24.1.1    personally;

           24.1.2    by registered or recorded delivery mail;

           24.1.3    by telex or facsimile transmission (the latter confirmed by telex or
                     post); or

           24.1.4    by any other means which any party specifies by notice to the
           others.

24.2       Each party's address for the Services of notice shall be the above mentioned
           address or such other address as it specifies by notice to the other.

24.3       A notice shall be deemed to have been served:

           24.3.1    if it was served in person, at the time of service;

           24.3.2    if it was served by post, 48 hours after it was posted; and

           24.3.3    if it was served by telex or facsimile transmission, at the time of
                     transmission.

25         Third party rights

25.1       A person who is not a party to this deed has no rights under the Contracts
           (Rights of Third Parties) Act 1999 to enforce any terms of this Agreement.




                                             23
BASINGSTOKE & DEANE BOROUGH COUNCIL




EXECUTED by the parties hereto the day and year first before written




THE COMMON SEAL OF THE                )
BOROUGH COUNCIL OF                    )
BASINGSTOKE AND DEANE                 )
was hereunto affixed and this         )
document thereby executed             )
as Deed in the presence of:-          )




              Head of Legal & Democratic Services




SIGNED AS A DEED BY                   )
[CONTRACTOR]                          )
acting by a director and its          )
secretary/two directors whose         )
signatures are here subscribed:       )




              Director




              Secretary/Director




                                          24
 BASINGSTOKE & DEANE BOROUGH COUNCIL


 PART 2 – TENDERER'S TENDER DOCUMENT
 Notes to Tenderers

1. Tenderers are required to supply 1 bound copy of their Tender,1 un-bound copy and
   one copy of the pricing schedules on the CD that has been provided.

2. Tenderers are asked to make their response to the council’s requirements by
   completing the following 3 sections (numbered 4 to 6).

3. To assist tenderers a checklist for a complete response is provided at the end of this
   Tender Document (see Section 7).

4. Tenderers should complete this Tender Document, and insert it at the beginning of
   their tender submission where it can be easily found and identified

5. Tenderers should cross reference any other documents submitted with their Tender to
   the applicable section in this Tender Document so that it is easy for the evaluation
   team to identify the tenderer's full response to each requirement.




                                            25
 BASINGSTOKE & DEANE BOROUGH COUNCIL


Section 4 – Form of Tender

 UNCONDITIONAL AND IRREVOCABLE OFFER TO BASINGSTOKE AND DEANE
 BOROUGH COUNCIL

 Re: Invitation to Tender dated 2 March 2009 for the provision of Bedding Plant
 Supply contract
 To:    Basingstoke and Deane Borough Council
        Civic Offices
        London Road
        Basingstoke
        Hampshire
        RG21 4AH

 Having read and carefully considered the Invitation to Tender together with all of the
 documents listed and supplied therewith:

 1.     We offer to perform the Service and supply the Goods specified and to complete
        the contract in accordance with the Contract Documents and our Tender for the
        sums set out in the pricing schedules annexed to this Form of Tender

 2.     We confirm that if our Tender is accepted we will, upon demand:

           Produce evidence that all relevant insurances and compliance certificates
            with relevant legislation and policy are held and in force.

           Sign a formal Contract Agreement.

 3.     We agree that this Tender shall constitute an irrecoverable, unconditional offer
        which may not be withdrawn for a period of 90 days from this date.

 4.     We confirm that the responses made by us in response to the Pre-Tender
        Questionnaire remain correct.

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

 6.     We understand that the council is not bound to accept any tender it receives.

 7.     We will declare if any current or former councillor or employee of the council is a
        director or, in the case of partnerships, is a partner or holds 20% or more of the
        shares or interest in the business.


 Any tenders received after the closing date and time of 12 noon Friday 27 March
 2009 will not be considered under any circumstances.



                                            26
BASINGSTOKE & DEANE BOROUGH COUNCIL



Date______________________________________________________________


Signature__________________________________________________________


Designation_________________________________________________________


Company Name _____________________________________________________


Address____________________________________________________________


Contact Person __________________________ Tel No. _____________________


THIS TENDER IS A FIRM PRICE TENDER INSOFAR AS RATES OF WAGES AND
PRICES OF MATERIALS ARE CONCERNED. FLUCTUATIONS IN RESPECT OF
ANY INCREASED OR DECREASED STATUTORY CONTRIBUTIONS DUE TO
GOVERNMENT MEASURES SINCE THE DATE OF TENDER WILL BE ADJUSTED.
--------------------------------------------------------------------------------------------------------------------

Tender Opened

Time ..................................……………….                 Date ....................…………………….…



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


Designation ...................………………....                     Designation ........……………..................




                                                        27
BASINGSTOKE & DEANE BOROUGH COUNCIL

PRICE SCHEDULE


PART A - Bedding Plant Supply* (as per schedules in Appendix 1)


DESCRIPTION                     Price per season - Plants     Price Per season –
                                                              Delivery of all plants,
                                                              baskets and planters
Autumn 2009
                                £                             £

Summer 2010
                                £                             £

Autumn 2010
                                £                             £

Summer 2011
                                £                             £

Autumn 2011
                                £                             £

Summer 2012
                                £                             £


* Full details to be submitted on enclosed CDRom

Notes:

   Suppliers are required to price all items using current (2009) rates. Prices will be
    reviewed and amended, as appropriate, on an annual basis in accordance with
    clause 16 of the draft Agreement.

   If the council requires any changes to the plants supplied during the contract term,
    this will, as necessary, be treated as a variation and valued pursuant to clause 5 of
    the draft Agreement.



(Signature) ……………………………………………………………………………………...


(Name-printed) …………………………………………………………………………………


For and on behalf of………………………………….…………………………………………
(if a company or a firm)


Date ..…../..…../2009

                                                   28
BASINGSTOKE & DEANE BOROUGH COUNCIL

PART B – Planted Container Supply (As per schedule in Appendix 2)


DESCRIPTION                   Price per season               Price per season
                              Baskets and Liners             Plant Towers
Autumn 2009
                              £                              N/A

Summer 2010
                              £                              £

Autumn 2010
                              £                              N/A

Summer 2011
                              £                              £

Autumn 2011
                              £                              N/A

Summer 2012
                              £                              £




Notes:

   Suppliers are required to price all items using current (2009) rates. Prices will be
    reviewed and amended, as appropriate, on an annual basis in accordance with
    clause 16 of the draft Agreement.

   If the council requires any changes to the plants supplied during the contract term,
    this will, as necessary, be treated as a variation and valued pursuant to clause 5 of
    the draft Agreement.




(Signature) ……………………………………………………………………………………...


(Name-printed) …………………………………………………………………………………


For and on behalf of………………………………….…………………………………………
(if a company or a firm)


Date ..…../..…../2009



                                             29
BASINGSTOKE & DEANE BOROUGH COUNCIL



Section 5 – Tendering (Collusion) Certificate
TO: BASINGSTOKE AND DEANE BOROUGH COUNCIL

In recognition of the principle that the essence of selective tendering is that the client
shall receive bona fide competitive tenders from all those tendering WE CERTIFY
THAT:-

1.     The Tender submitted herewith is a bona fide Tender intended to be competitive.

2.     We have not fixed or adjusted the amount of the Tender under or in accordance
       with any agreement or arrangement with any other person.

3.     We have not done and we undertake that we will not do any time before the hour
       specified for the return of the Tenders any of the following acts:-

       (a)     communicating to a person other than the person calling for this Tender
               the amount or approximate amount of the proposed Tender (except where
               the disclosure, in confidence, of the approximate amount of the Tender
               was essential to obtain insurance premium quotations required for the
               preparation of the Tender);

       (b)     entering into any agreement with any other person that they shall refrain
               from tendering or any arrangement as to the amount of any Tenders to be
               submitted; and

       (c)     offering or paying or giving or agreeing to pay or give any sum of money
               or valuable consideration directly or indirectly to any person for doing or
               having done or causing or having caused to be done in relation to any
               other Tenders or proposed Tenders any act or thing of the sort described
               above.

In this Certificate:-

1.     "Person" includes any person and any body or association corporate or
       incorporate.

2.     "Any agreement or arrangement" includes any transaction of the sort described
       above, formal or informal and whether legally binding or not.


DATED this                  day of                             2009

…………………………………………………………………………………………………..
SIGNED (as in Tender)

duly authorised to sign
for and on behalf of ...........................................…………………………..………………




                                            30
BASINGSTOKE & DEANE BOROUGH COUNCIL




Section 6 – Response to Specification

As part of your tender response, please provide copies and details of your
following policy’s / procedures and details of how they are monitored:
 Health and Safety Policy
 Equal Opportunities Policy
 Environmental Policy to include the following:
       1. Wildlife conservation
       2. Peat
       3. Energy use
       4. Water supply and use
       5. Pollution safeguards
       6. Recycling
       7. Waste
 Pesticide Policy
 Integrated Pest Management Policy
 Staff Training Policy
 Complaints Procedure and monitoring
 Organisation chart and company profile
 Risk assessment procedures
 Details of any social employment programme that you may have


Please also supply method statements to cover the following:
 Capacity and flexibility to meet the councils requirements as detailed in this
  specification
 Ability to respond to reasonable short notice requests for additional plant material.
 Speed at which you can replace any plant material deemed by the council not to meet
  the term of the contract and how this would be done.
 Reporting and communication lines


Please include specific responses (method statements) referring to the below
elements of the specification:
2.2.2 Plant and deliver 1 x 4 tier and 1 x 3 tier Amberol metre square precinct planter
      to locations shown in Appendix 3. Planters to be taken away at the end of the
      summer season, when the autumn bedding is delivered, in preparation for
      planting with the next summers designs.




                                            31
BASINGSTOKE & DEANE BOROUGH COUNCIL

Please provide the following:
 Copies of BOPP accreditation certificate and any other certificates for quality
  assurance / management certification that your company has.
 Copies of your Employer’s Liability, Public Liability insurance and any other relevant
  insurance.




                                            32
BASINGSTOKE & DEANE BOROUGH COUNCIL


Section 7 – Checklist for a Complete Response


Item                                             Cross Reference   Provided by
                                                                   Tenderer
                                                                   Please tick to confirm
2 copies of your tender have been provided – Notes to
1 bound copy and 1 un-bound copy and an      Tenderers
electronic copy of your pricing schedules on paragraph 1
CD (Response to specification)

Form of Tender                                   Section 4

Pricing Schedules completed (include full        Section 4
details on CDRom)

Tendering (Collusion) Certificate                Section 5

Copies of:                                       Section 6
Health and Safety Policy
Equal Opportunities Policy
Environmental Policy
Pesticide Policy
Integrated Pest Management
Staff Training Policy
Complaints Procedure and monitoring
Organisation chart and company profile
Risk assessment procedures
Details of any social employment programme
that you may have
Procedure for dealing with emergencies

Method Statements                                Section 6

Copy of BOPP Certificate                         Section 6

Copy of Employer’s Liability insurance           Section 6

Copy of Public Liability insurance               Section 6




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