Content

Salford City Council – Record of
Decision
 
I Councillor Youd, Lead Member
for Finance and Support Services and chairman of the Procurement
Board, in exercise of the powers contained within the
Council Constitution
do hereby approve:
 
·     
the award of the
contract for Arboricultural Services, as detailed in the table
below:
 

Detail required

Answers

Title/Description of Contracted
Service/Supply/Project

Award the
contract for Arboricultural Services

Name of Successful
Contractor

Greater Manchester
(GM) TreeStation

Supplier Registration Number

(to be supplied by Corporate
Procurement)

31552R

Type of organisation

(to be supplied by Corporate
Procurement)

Other

Status of Organisation

(to be supplied by Corporate
Procurement)

SME

Contract Value (£)

£150,000         per
annum estimated average

Contract Duration

22 months

Contract Start Date

01/06/2024

Contract End Date

31/03/2026

Optional Extension Period 1

12 months

Optional Extension Period 2

12 months

Who will approve each Extension
Period?

Strategic Director (extension <
£150k)

Contact Officer (Name &
number)

Jo Regan - 07977 248959

Lead Service Group

Place

How the contract was procured?

(to be supplied by
procurement)

Open Procedure

Framework Details (where
applicable)

(procurement body, framework reference
& title, start/ end date

N/A

Funding Source

Capital Programme

Ethical Contractor (EC): Mayor’s
Employment Charter

 

EC: Committed to sign Charter

 

EC: Accredited Living Wage
Employer

 
The
Reasons are:
The Arboricultural contract
relates to the provision of tree works for city council trees. The
Arboricultural Service contract has been in place since August
2004, with the existing contract being entered into in March 2020
and scheduled to expire on the 31st March
2024.
 
To ensure Health and Safety
work can be carried out on city council owned trees a new contract
is needed.
 
Options considered and rejected
were:
An in-house service was
considered and rejected as the costs to set up and deliver an
in-house service would be greater than the proposed
contract.
 
Assessment of Risk: High
The city council as tree owner
needs to ensure that its trees do not pose a danger to the public
or property and are managed appropriately, it is therefore
essential that an arboricultural contract is in place to maintain
the city’s tree asset.
 
The
source of funding is:
Capital funding.
 
Legal
Advice obtained:
When
commissioning contracts for the procurement of goods, services or
the execution of works, the Council must comply with the provisions
of the Public Contracts Regulations 2015 as well as its own
Contractual Standing Orders (CSO’s), Financial Regulations
and the duties of Best and Social Value. In addition, the PCR
require that contracting authorities treat candidates equally and
in a non-discriminatory way and act in a transparent manner,
failing which the award of a contract may be subject to legal
challenge.
 
The
procurement procedure undertaken in this matter including
publication on FTS portal (Find a Tender
Portal Service), North West Portal and Contracts Finder as an open
procedure appears robust and compliant with
the requirements of CSO’s and PCR. The appointment of the
provider for the arboricultural service follows the open tender
process, which is outlined within the body of the report, with
bidders being evaluated on the most economically advantageous
tender, resulting in the proposed award of the contract to Tree
Station for a two year term with the option to extend for a further
two years.
 
Having undertaken the open tender exercise process set out in
the report, the Council may take comfort that value for money has
been obtained and periodically tested, with open competition
maintained.
 
For information, in addition to the Council
maintaining its own trees to ensure no hazard or danger is posed to
the public or property, in general, where tree branches or roots
encroach onto neighbouring land, the owner of the neighbouring land
has the right to cut back the encroaching branches to the boundary
(abatement). Where tree branches overhang a public highway, the
highway authority does not have an absolute right of abatement but
the highway authority’s ownership of the airspace above the
highway extends only to the area of user. A highway authority will
normally rely on its statutory power to act, which arises where a
tree, hedge or other vegetation is causing an obstruction of the
highway.
 
Section 130 of the Highways Act 1980 (HA 1980) places
a duty on a highway authority to prevent obstruction of the
highway. Highway authorities have the right to remove trees
obstructing the highway, and the duty applies regardless of
ownership of the tree.
 
In addition, section 154 of HA 1980 grants the
highway authority a discretionary power to serve notice on the
owners of hedges, trees or shrubs which overhang a highway. A
section 154(1) notice requires the vegetation to the lopped or cut
to remove the obstruction or interference. The cost of the works
will be borne by the owner of the vegetation.
 
There is also a distinct power under section 79 of
the HA 1980 where the view of drivers and pedestrians is obstructed
by vegetation on land or near any corner or bend in the highway/
junction of the highway with a road. Section 79 can apply to
vegetation that is not overhanging the highway and can require
specific works to be carried out to that vegetation.
 
Financial Advice obtained:
I can confirm that
funding is in place for this contract. The financial risk to
Salford Council is low as there will be a monthly payment plan in
place with Greater Manchester (GM)
TreeStation.
 
Procurement Advice obtained:
The opportunity was
advertised as an open procedure through FTS, contracts finder and
The Chest. The process is outlined within the above report. The
process complies with Procurement Contract Regulations and the
Council’s contractual standing orders.
As part of the
Council’s innovate programme and budget challenges over the
next few years, the service group will work with the provider to
consider efficiencies by robust contract management throughout the
lifetime of the contract.
 
HR
Advice obtained:
N/A.
 
Climate Change Implications obtained:
The TreeStation, is constituted as a Society for
the Benefit of the Community (BenCom). This allows our customers
and employees to have a share in the business and elect the board
of directors – making it a more democratic and accountable
organisation. The TreeStation board has strong environmental and
social ethics, which guide the way they guide the business.
The TreeStation was started as a project solely on the basis of
its environmental and social benefits, and is
a not-for-profit social enterprise, which means all surpluses
are re-invested into developing the TreeStation or similarly-minded
projects.
 
Their services are integrated
with in a wider range of wood-related activities and products
allowing them to guarantee that 100% of the arisings are
used to their optimum potential – reducing carbon emissions
and demand for resources.
 
 
The
following documents have been used to assist the decision
process.
·     
Report of the Strategic Director for Place
“Approval to Award the Contract for Arboricultural
Services”.
 
Contact Officer: Jo Regan
Telephone number: 07977
248959
 
Please delete from the bullets
below any which are not relevant:
·     
the appropriate Scrutiny Committee to call-in the
decision is the Community and Neighbourhoods.
 
 

Signed:    Cllr J Youd
         Dated:
   8 May
2024.
           
    Lead Member
 

FOR DEMOCRATIC SERVICES USE
ONLY
 
*          
This decision was published on 9
May 2024
*          
This decision will come in force at 4.00 p.m. on 16 May 2024
unless it is called-in in
accordance with the Decision Making Process Rules.