Ireland: Kerry - Dublin - Cork - Waterford - Roscommon - Galway - Belfast
UK: London - Manchester - Newcastle - Cardiff - Liverpool
TERMS AND CONDITIONS EcoweedControl Ltd (EWC)
1. Acceptance of Quotation
Acceptance of an estimate/quotation is subject to any or all of the following:
a) Receipt of the customer acceptance in writing or by email within 21 days from quotation date.
b) The receipt of reasonable notice to commence work not later than 3 months after receipt of such acceptance subject to availability of labour and materials.
c) The payment to EcoweedControl Ltd of an agreed deposit or payment in full of sums due to them.
d) Accepted estimate/quotation constitutes an irrevocable binding contract between EcoweedControl Ltd and the client.
2. Variations
a) EcoweedControl Ltd reserve the right to adjust materials, equipment and agreed method of works to equivalent quality and performance to those specified in the quotation based on the current legislation, guidelines and other documentation provided.
b) Due to the nature of spread of Japanese knotweed and other invasive alien plant species (IAPS) beneath the ground/within watercourses which can only be quantified by way of intrusive investigations and/or trial pits – EcoweedControl Ltd reserve the right to change the scope of works package to suit site specific conditions. No additional costs will be incurred unless agreed in writing or by email.
3. Fluctuations
Unless otherwise stated, the contract price is based on the cost of labour, materials and all relevant documentation required at the date of the quotation. Increases and decreases in any such costs shall be net addition or deduction from contract price.
4. Working Facilities
The customer will at their own expense provide EcoweedControl Ltd with:
a) Unrestricted access for vehicles and staff during working hours (8am – 6.pm Mon-Sat) to all areas as necessary for carrying out works safely.
b) Adequate supply of water where required.
c) All facilities required under the Safety, Health and Welfare at Work (Construction) Regulations 2013 (S.I. No. 291 of 2013) or any modification or replacement of term.
d) Where applicable, written consent will be obtained from owners and/or occupiers of adjoining properties where access to their land is required to the treatment area. EcoweedControl Ltd will not be held liable for unavoidable overspray of herbicides to surrounding plants, trees and lawns etc and any damage occurring by such actions.
e) Where excavations are instructed, service drawings are required and utilities to be located by the client. No liability will be accepted by the EcoweedControl Ltd for any damage to property or services not identified by the client.
f) EcoweedControl Ltd accept no liability for damage caused whilst gaining access/egress to/from the site to conduct remediation works.
g) Where fencing is requested by the client for health and safety reasons, this shall be sourced by EcoweedControl Ltd as a variation to the contract unless otherwise stated. Prices of required fencing will be agreed with the client in writing or by email prior to ordering.
5. IAPS Re-Growth and Re-Occurrence
As many IAPS can be difficult to control, it is expected that regrowth will occur during any treatment programme. Customers should note that complete eradication is not possible with herbicide only treatment programmes and should expect some re-growth to occur during the treatment period. Herbicide treatments are effective for the control of IAPS in most cases but are not appropriate where ground disturbance is expected or for sites where development is planned.
Where IAPS is located near adjoining properties or is present at an adjoining property, IAPS can contaminate the neighbouring property via sub-terranean growth. EWC will only accept responsibility for the control of the property being treated. Responsibility for Any infestations resulting from un-treated IAPS on neighbouring properties remains with the property owner.
6. Value Added Tax
UNLESS OTHERWISE STATED, PRICES AND RATES ARE EXCLUSIVE OF VALUE ADDED TAX (VAT). ANY CIS DEDUCTIONS MUST BE DECLARED PRIOR TO WORK COMMENCING.
7. Payment Terms
Payments due within 7 days of invoice date unless otherwise agreed. Any agreed deposits must be received before works will be scheduled. Full payment must be received in advance to the issuing of certificates, guarantees, validation reports and/or associated completion works.
Failure to make timely payment will result in the quoted contract being put on hold or even cancelled.
8. Delays
Where any period or date for completion has been agreed, EcoweedControl Ltd reserve the right to reasonable extension where the period or delay is due to adverse weather conditions and for such reasons as may be fair and reasonable in the circumstance.
9. Re-Inspections
Should the client, for any reason, request a visit to re-inspect works after completion, a fee for such re-inspection will be chargeable if out with the original agreed scope of works.
10. Disputes
In the event of any dispute arising out of or in connection with our survey or our work then such dispute shall be referred to independent arbitration. The arbitration will be conducted under the most recent edition of the UNCITRAL Arbitration Rules.
The conclusion of such arbitration shall be a condition precedent to any court proceedings by the client. The client is contractually obliged to pay invoices in full without set off or abatement pending the result of the arbitration.
KEY PRICING FOOTNOTES: Method
1 Sole or Principle Contractor
Take account of the Health & Safety risks on the site, for the public, and of everyone working on site, including provision of welfare facilities. This will be provided in accordance to CDM regs. (2015) if there is more than one contractor on site during our works phase (which will include site inductions/tool box talks).
Where we have priced to act as PC (and unless stated otherwise) we have assumed that the site is secure and we have therefore only allowed for a toilet with running water. If we are required to bring in a drying room and secure the site or create a site compound this will need to be priced on request.
2 Invasive Alien Plant Species (IAPS) Management Plan
Its good practice (and recommended by the Environment Agency) to draft up a IAPS Management Plan (IAPSMP) once IAPS is found upon a site proposed for development. The Plan helps ensure that all parties involved on the site are aware of the IAPS and act accordingly and with a duty of care. The IAPSMP will also be used as a record of works completed (including waste records where applicable).
3 Pre-Start Meeting
Attend site to discuss the logistics of the work with client or main contractor, make method adjustments as necessary and assess site specific risks.
4 Prepare and Issue RAMS
Prior to commencement on site furnish the client or main contractor with our Risk Assessment and Method Statement (including COSHH and data sheets for chemicals).
5 Rhizome Spread Zone (RSZ) protection
All efforts should be made to avoid disturbance (demolition, site clearance or enabling works) of the IAPS (including ground within 7m of the IAPS) before removal works commence. We can erect road pin and hazard tape as a minimum warning to the presence of IAPS contaminated ground. If barrier mesh or heras fencing is required we can price this on request.
6 Enable Demolition/Site Clearance Access to vicinity of IAPS
If other contractors require pedestrian, equipment or vehicle access over IAPS contaminated ground prior to its removal (i.e. to enable demolition or site clearance) the following can be undertaken:
6a - Cut IAPS to ground level, bag stems and cover area with high gauge polythene and ply-boards.
6b - A watching brief should be provided by EWC Ltd to prevent an accidental removal of IAPS contamination to other parts of the site, or off site (which would contravene the Environmental Protection Act 1990).
7 Site Set-Up
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Set-Up site, including: Logistics Management and Tool Box Talks
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Establish access routes and working area and mark out extent of IAPS
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Review site service plan and complete CAT scan of the working area
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Take delivery of machine and complete pre-start checks Unless stated otherwise, and where applicable, we assume that others will remove any trees which impede the excavation of the IAPS
8 Obstacles to excavation
The presence of trees and services in the vicinity of the IAPS can present an obstacle to the excavation of IAPS.
8a Trees within 7m of IAPS may present an obstacle to the excavation of the IAPS. Unless specifically priced we have assumed that any trees within 7m of any IAPS to be excavated will be removed by others prior to commencement of our works.
8b Services (over-head or under-ground) within 7m of IAPS may present an obstacle to excavation of the IAPS. Unless specifically priced we have assumed that there are no services within these areas or that these services will be decommissioned by others prior to our works to allow for free/unhindered mechanical excavation. Unless specifically priced we have not allowed for any hand digging to expose cables/services. Any cost associated with delays, aborted work or downtime of any kind must be paid for in full upon discovery of any services not detailed to us prior to commencement of excavation. If hand digging is required this would be chargeable and when this involves digging around cables and services we would require a method statement to be written and then approved by service provider.
8c An Air-Spade can be used (subject to Local Tree officer Approval) to extract IAPS crown and rhizome from within tree root zones without causing damage to the tree roots. Where this method is used it will extract the majority of the underground sections of the IAPS plant, but cant be guaranteed to remove all (as some sections of rhizome may be closely entwined within the tree roots). Following completion of these works there should be consideration given that there may be some minor re- growth of IAPS from the tree root zone. If this re-growth does occur it will treated under cover of our guarantee if this has been instructed.
9 Excavations
Provide Expert Site Supervision to manage and oversee the IAPS remediation works. They will ensure correct practices and procedures are followed and works are completed correctly.
Development Site Contractor to provide operated machine minimum 13 ton capacity and at least 2 x14 ton operated dumpers to undertake the IAPS remedial works.
Development Site Contractor undertake excavation of IAPS ensuring; removal of the plant (in accordance to the proposal/method) via accurate identification, but with minimal arising (resulting in low haulage and landfill use requirement).
Extend excavation into site to full lateral extent of rhizome (excavation up to site boundary only), and full vertical depth of rhizome, to a maximum depth of 2m, or to an agreed reduced level depth (see next).
For Reduced Level Excavation we complete the removal of IAPS contaminated ground to an depth below current ground levels (The depth of the reduced level dig is most often the construction formation level). The excavation is halted at this depth and the ground capped with a horizontal root barrier to prevent re-emergence of the IAPS from underneath.
Excavation to be carried out in a manner that avoids tracking the excavator over IAPS contaminated ground.
Direct loading of waste (which is assumed as being possible unless double handling has been quoted ) will require that others install a road or temp haul route to the IAPS so that road going tipper lorries can access up to the location of the IAPS and be loaded directly - without the need to double handle the IAPS waste.
10 Transportation over site
If we know or assume that Double handling of waste over site will be required we will have priced this above.
Double handling of waste will involve the excavated waste being loaded into dumper trucks (part filled to avoid any loss in transit) and transporting to a site area where it can be loaded to road going waste cart-away lorries.
11 Waste Removal
Remove Controlled Waste from site and dispose at a specially licensed landfill site (IAPS material is classed as controlled waste if removed from site and will be disposed of in accordance to the Environmental Protection Act 1990 and the Duty of Care Regulations 1991).
Complete Waste Transfer Notes for each load removed and keep waste tracking record.
On last cart-away load; back scrape the excavators last slew paths and tipper loading area and dispose off-site as potential IAPS contaminated.
Our price assumes that the ground/soils are NOT classed as active, contaminated or hazardous waste. This will be subject to a W.A.C. soil test. If the ground/soils are found to be active, contaminated or hazardous we reserve the right to revise our price either before or during works.
12 Root Barrier
Any IAPS contaminated ground which is not (for planned or unplanned reasons) excavated to full depth of rhizome can be capped off with specialist horizontal root barrier to prevent re-emergence.
Any IAPS material present on, under or past the site boundary which cannot be excavated will be secured and contained using specialist vertical root barrier, returned to above ground level.
Where feasible vertical root barrier should be bonded to the boundary or structure to form a secure seal and help prevent the re-emergence of the IAPS.
13 Decontamination
Following contact with IAPS or soils contaminated with IAPS, there is a small risk that fragments of the plant can remain on plant, equipment and personnel. Therefore the following will be undertaken:
a. Decontamination of clothing, apparatus and machine prior to leaving site (manual brushing or washing down)
b. We use a logical working route to avoid tracking through contaminated soils where possible
c. Chemical (herbicide) washes are not ethical and not conducted
14 Backfilling
The excavation of the IAPS will create voids. Unless priced we have not allowed to supply and import clean backfill into site to fill these voids (this can be priced on request). Where necessary (to leave the site in a safe state) we will back-scrape the surrounding ground to make the void safe and not leave a deep excavation.
15 Waste Records and Completion Reporting
Waste Records will be collated and included within a completion report.
Record of practical works undertaken will be provided within a completion report or IAPS Management Plan.
16 Certification
On completion of successful extraction of IAPS impacted soils, piling and insertion of barrier if required EWC. Ltd. Will provide written certification that all works were carried out to current Best Practice and Relevant Legislation.
After all IAPS impacted soils are successfully exported off site, a 4 year monitoring campaign will begin. Providing the site has no regrowth after 4 years, a clear of IAPS certification can be issued.
17 Soil Analysis
Before we remove waste from site the landfill provider will need to see evidence that the waste is not contaminated or hazardous. If a site investigation has not been conducted and/or there is no suitable acceptable chemical analysis results for the ground, we may need to obtain these results.
We can attend site and collect soil samples which will be tested for a select range of contaminates. A mini-excavator or larger excavator will be required to take the soil test the results of this analysis will be sent to chosen landfill provided to determine if they will be able to accept and dispose of the waste as non-contaminated (inert).
Further Soil Analysis (WAC): If soils on site are found to be hazardous we may need to undertake a Waste Acceptance Criteria (WAC) test, if you cannot provide us with one. If we need to complete a WAC test we will charge €800.+VAT for a test on standard 14 working day turnaround. These costs assume that previously collected soil samples can be used for the WAC testing. We reserve the right to recharge for retest WAC samples in the event of an negative or incomplete WAC test result. If we need to re-attend the site and collect another sample to enable the WAC test a further €800. +VAT charge will be incurred.
KEY PRICING FOOTNOTES: General
18 Re-Measure Rates
Where unit values other than 'Item' are given that cost row will be subject to re-measure. The re-measure will depend on the type of service below: - Labour and Machine - If a day or week unit quantity is given, this will be subject to re-measure on signed day works sheets:-
a. Haulage/Tipping - If a load unit quantity is given, this will be subject to re-measure on signed waste transfer notes
b. Root Barrier - If a m2 unit quantity is given, this will be subject to re-measure on amount of material used off the roll
c. Root Barrier Sealing/Fixing - If a linear metre unit quantity is given, this will be subject to re-measure on linear metres of seal installed
19 Excavations - General
Excavation of the IAPS would involve digging out the contaminated soil using a 360o tracked excavator. All excavation would be supervised by a EWC Ltd supervisor to ensure site hygiene is maintained at all times and to follow the extent of IAPS rhizome in the soil to ensure only the minimum of material is removed.
Excavation on site will continue to a depth and area determined by the EWC Ltd site supervisor during works, subject to ecological, physical, infrastructural, health and safety and other site-specific constraints, until all visible rhizome material is removed.
Previous Environment Agency guidelines recommended that an area of soil extending 7m from the above ground stems of IAPS should be excavated to a depth of 3m* in order to remove the plant’s entire rhizome (underground stem) network if works are unsupervised. EWC Ltd can significantly reduce this volume by supervising the excavation and trace digging the rhizome until completely removed. In this way, costs can often be reduced by more than 2/3 while still removing all of the IAPS material. (* depth applicable to Japanese knotweed. Other invasive plant species may vary).
20 Excavations - To Boundaries
Any boundary excavations or excavation against structures to be retained will be conducted on a 45 degree batter to avoid destabilisation issues (unless specifically described otherwise).
Excavations to the boundary and/or against structures will require engineer approval of our excavation methodology and others to address of any party wall agreement issues.
21 Presence of Trees in vicinity of IAPS
Unless stated otherwise, and where applicable, we assume that others will remove any trees which impede the excavation of the IAPS.
22 Secure Site
Our price does not allow for supply and installing any security fencing. We assume the site is secured with Site Hoarding or Harris Fencing (or similar security fencing). If required on-site we will segregate our working area via the use of road pins and hazard tape/barrier mesh with signage.
23 Changing a quote from 'Fixed Lump Sum' to 'Re-Measure'
If our quote is a 'fixed lump sum price' but the client decides to provide the 'operated machine' and/or 'waste removal' directly then we will need to re-submit a Re-Measure quote, which will based on rates for the services to be provided by EWC Ltd.
24 Soil screening
The viability of screening is dependent upon the type of soil that is being processed - the clay content is all important as if the soil does not break up there would be a requirement for a 14t-20t excavator, a 5t-9t excavator and a 9t dumper, all of which would require operatives. Unless otherwise stated, equipment and operators will be supplied by the client.