Minimum standards and qualification required
North Wales Wildlife Trust
Ymddiriedolaeth Natur Gogledd Cymru
(A company limited by guarantee and a registered charity)
Agreement for building works at Gwaith Powdwr Nature Reserve
Contract Number 46
Section 1. General requirements
1. 1 Before tendering the Contractor should visit the site(s) and satisfy themselves as to the full extent and character of the Work and conditions affecting the Agreement and quote for the whole of the Works necessary to complete it to the intention of the specification. Be aware that this Agreement has a very tight timescale, and the Contractor will need to have demonstrated their ability to fulfil its timing and scale requirements before entering into this Agreement.
1.2 Any measurements in this Agreement are approximate. Contractors must take their own site measurements and report any discrepancy, as no claims for extra payments will be entertained for short measure/area after the Agreement has been signed by the Contractor.
1.3 The contractors attention is drawn to the fact that Gwaith Powdwr is a SSSI/SAC and that any Works other than that specified in this contract could constitute an offence under the Wildlife and Countryside Act 1981
Section 2. Conditions of contract.
2.1 Timing of the Work
The Contractor shall carry out the Work as described and within the time periods as specified in Schedule 1. Time is of the essence in this Agreement in regard to the execution of the Work by the Contractor. Schedule 1 shows the Work required within the Required Date (s), and all efforts must be made to comply with Required Dates. Schedule 1 details Final Completion Date(s). It is a condition of this Agreement that the Final Completion Dates are strictly adhered to. If the Contractor fails to complete the required Work to the satisfaction of the NWWT Reserves Officer by the Final Completion Date(s), no further Work must be undertaken by the Contractor, and this Agreement is terminated.
2.2 Invoices and Payment
2.2.1 The Contractor shall submit invoices at times as specified in Schedule 1, which shows invoicing requirements. Time is of the essence in regard to submission of all invoices by the Contractor. Where not all of the Work has been completed, the Contractor shall ensure that any invoice which they submit sets out the relevant part of the charges with an appropriate breakdown of the part of the Work (if all the Work has not been completed) and period to which the invoice relates, and their confirmation that the Work (or relevant part of the Work referred to on the invoice) have been fully performed.
2.2.2. If the Contractor fails to complete the Work laid down in Schedule 1 before the Final Completion Date(s) an invoice must be prepared within 5 days of the Final Completion Date(s), according to 2.1.1. above.
2.2.3 In consideration of the completion of the Work by the Contractor, NWWT shall pay the Charges to the Contractor after receiving a correctly submitted invoice. Such payment shall normally be made within 30 days of receipt of the correctly submitted invoice, and in any case by 25th of March at the latest.
2.2.4 The Contractor shall not be entitled to charge for the provision of any services that are not part of the Work, unless NWWT has given its prior written consent to any variation of this Agreement.
2.2.5 NWWT may reduce payment in respect of any Work that the Contractor has either failed to provide or has provided inadequately, without prejudice to any other rights or remedies of the Trust.
2.2.6 In any case, NWWT will be unable to pay any invoice received after 25th March 2021.
2.3 The Contractor shall remove rubbish and debris arising from the Work and leave the site and any access tracks in a clean and tidy condition. Any damage to the access route should be made good by the Contractor within the period of this Agreement.
2.4 The Contractor shall prove to the satisfaction of the NWWT Reserves Officer that they have a fully comprehensive insurance to a minimum value of £1,000,000 to cover any claims arising from NWWT or any third party in respect of damage or negligence on the part of the Contractor. The Contractor shall produce copies of any relevant risk assessments, and safety policy statements. All documents referred to in this clause must be presented to the NWWT Reserves Officer with the confirmation of acceptance of the Work by the successful Contractor before Work starts.
2.5 The North Wales Wildlife Trust shall provide to the Contractor copies of their emergency plans covering the site in question.
2.6 Site visit prior to tendering.
If the Contractor wishes to meet NWWT’s representative on site prior to tendering, he/she should contact the Reserves Officer at Tel : 01248 351541, Fax 01248 353192, to whom any queries concerning aspects of the Work should be addressed.
2.7 The Contractor shall not sub-contract or assign any of the Work identified in this Agreement without the prior written consent of the NWWT Reserves Officer and subject to such terms as may be required by NWWT.
2.8 All requirements of the law must be complied with, including without limitation (and including any subsequent amendments thereto) : the Health and Safety at Work Act Etc 1974, the Control of Substances Hazardous to Health Regulations 1988, the Manual Handling Regulations 1992, the Management of Health and Safety at Work Regulations 1992, the Provision and use of Work Equipment regulations 1992, the Personnel Protective Equipment Regulations 1992, and the Noise at Work Regulations 1989. Failure to comply with the law will result in the job being stopped immediately until such time as the Contractor is able to comply. If in doubt, the Contractor must consult the Reserve Officer. There must be a minimum of two operatives on site at all times during all stages of the operation.
2.9 The Contractor’s attention is drawn to the following hazards on site. Further details are given in the attached risk assessments. The Contractor must take appropriate measures to reduce these risks. The hazards include:
2.9.1 Isolation of site
2.9.2 Wind, generally high wind dangers in woodland.
2.9.3 Condition of trees.
2.9.4 Working near water. Water borne diseases such as leptospirosis; and soft substrates making conditions dangerous underfoot.
2.9.5 Occupational health risks. Operatives need to be aware of the risks from Dermatitis, Phytophotodermatitis, and Tetanus.
2.9.6 Risk of serious injury from the incorrect/careless use of the tools and equipment used.
2.9.7 Vehicles use on steep slopes.
2.9.8 Whilst using power cutting tools, there must be a minimum of two operatives on site at all times during all stages of operation.
2.10 The Contractor will provide to NWWT prior to commencement of the Work, the following documentation:
a. The Contractor’s Environmental Policy Statement if employing 5 or more people
b. Details of Environmental Training given to its staff if employing 5 or more people
c. Environmental considerations should be included in the risk assessments and method statements
d. Copies of relevant licences e.g. Waste Management/Waste Carrier
e. Evidence that an appropriate proportion of the staff working on site at any one time are named holders of a relevant first aid certificate
2.11 Access to the site has been agreed along the route shown on the attached map.
Any stock proof boundary features tampered with, must be made good immediately, as the structures must remain stock proof at all times.
2.12 This Agreement and any documents referred to in it constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter of this Agreement.
2.13 A person who is not a party to this Agreement shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999 but this does not affect any right or remedy of a third party which exists, or is available, apart from that Act.
2.14 Nothing in this Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, another party in any way.
2.15 If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
2.16 No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
2.17 This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the law of England and Wales.
2.19 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, this Agreement or its subject matter or formation (including non-contractual disputes or claims).
2.20 This Agreement has been entered into on the date stated at the end of it.
Signed on behalf of
The Contractor ……………………..……………………………………………
Name and address of the Contractor …………………………………………………………………..
…………………………………………………………………..
…………………………………………………………………..
Signed for and on behalf of the North Wales Wildlife Trust, (NWWT) a company limited by guarantee number 773995, and registered charity 230772, with registered office at Llys Garth, Garth Road, Bangor, Gwynedd LL57 2RT
Position Robert Booth – Reserves Officer (Conwy and Gwynedd)
Date : 30/10/20
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