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Piling and Beams Proposal Terms and Conditions

ATTENDANCES & SERVICES FOR PRICE PROPOSAL

Generally in accordance with the FPS Schedule of Facilities and Attendances.

This proposal is based on the following being provided to us free of charge at all times:

1) No later than three working weeks (or other period as agreed) in advance of the programmed commencement of the specialist works on site, provide Aarsleff with complete and final construction issue drawings, specification, pile load schedule in electronic spreadsheet format and other relevant information required to undertake the specialist works. Any variation to these documents to be notified to the agree contact in hard copy format.

2) Available working hours of 07:30 to 19:00 Monday to Thursday, 07:30 to 13:00 Friday. Should we require to work outside these hours any supervision etc. will be provided by the Main Contractor.

3) Full, free, controlled and uninterrupted access onto the site(s) from public highways along surfaces that are designed, installed, maintained and repaired to the same standards as in item e), including protective mats and all other equipment and measures necessary to ensure the safety of pedestrians and to avoid the risk of damage to third party property, including road surfaces, kerbs, footpaths/pavements, surfaces and services. Such access to facilitate the safe erection, operation and movement on, off and around the site(s), to and between laydown, working and storage areas, pile positions and test piles for plant including provision and where necessary relocation of ramps to a gradient not steeper than 1 in 10.

4) Provision, subsequent removal and exclusive use of conveniently situated hardstanding and storage areas within 10m of final position and at the same level as the working area, designed, installed, maintained and repaired as required under Item e) to facilitate the safe operation and erection of plant and equipment, storage of plant, equipment and materials, offices, sheds and the like. Where it is not possible for Aarsleff to have exclusive use of the hardstanding and storage then adequate, unhindered suitably protected and identified working space, inclusive of the provision, maintenance and management of a nominal 20 metre exclusion zone around our works. Where piles are close to areas accessible by the public then road/footpath closures may be necessary, or lookouts provided for the control of traffic/public dependent upon the level of risk identified.

5) Design, installation, maintenance, regular inspection, repair and subsequent removal and exclusive use of free draining, 100mm down Working Platform, safe for pedestrian access and in accordance with the requirements of the attached FPS Guidance, Regular Inspection Log and Working Platform Certificate, a signed copy of which must be provided to Aarsleff prior to our commencement. The design(s) shall include for all piling rigs, ancillary plant and equipment and wheeled transport including articulated lorries and the checking of a retaining structures which support the Working Platform.

6) Should it be required that works takes place from different levels, we would require that access ramps adequate for carrying our plant, lorries and ancillary equipment in a fully rigged condition be provided. These will not be steeper than 1 in 10 for our plant and equipment.

7) The facility to drive probes at working positions across the full extent of the working area during the initial days on site.

8) Setting out and maintenance of position pins and levels. The protruding tops of setting out pins will be protected with safety end caps. The final position is to be checked immediately on completion and we are to be notified of any out of tolerance members prior to us leaving site.

9) We require that the site is suitable for our works with all known obstructions removed prior to commencement. Should obstructions be encountered during piling they shall be removed, where practical, and the platform reinstated to the same standard as designed to ensure that the rig is able to work safely.
In the event that piles are obstructed or require replacing, we will be reimbursed at the billed rates for the redundant piles, replacement piles, instructed remedial work and any abortive time. Any of the foregoing will result in a variation to the Contract.

10) Existing services and underground structures should be accurately located and marked at ground level, adequately protected or diverted / removed, in accordance with the requirements of the owners, prior to our works. We do not accept responsibility for damage to any service unless we have been negligent in our actions. Subsequent to the foregoing Aarsleff’s authorised representative is to be issued with a Permit to Pile or similar authorisation on a daily basis or as otherwise agreed.

11) Arrangement of all necessary permissions and approvals from all Statutory Bodies (including the likes of NHBC, LABC).

12) Protection of adjoining structures and our works before, during and after our works have been completed.

13) Manned wheel-cleaning facilities and/or road-cleaning as necessary.

14) Provision of security, lighting, fencing and statutory warning notices.

15) Provision of waste removal from site to licensed tips.

16) Provision of a full time first aider and welfare facilities, to comply with CDM Regulations 2015, within a reasonable distance of the piling. Such facilities as a minimum to include the supply of drinking water, washing facilities including hot and cold water and secure lockable male and female changing/drying facilities and toilets.

17) Cutting off and removal of surplus pile/nail/anchor length. Preparation of pile/nail/anchor for subsequent works and disposal of all arisings. Should pile/nail/anchor heads as driven “clash” and so impede our installing other works, we will require that these heads be cut down as necessary, at no extra cost to ourselves, without delay to our continuous operations.

18) Provision of adequate off-loading facilities.

19) Water and Electricity supply. Within the working, storage and preparatory operation areas, potable water supply at the mains pressure take-off points and sufficient for the operations, including charging of bores/drilling fluid mixing/concrete/grout mixing and cleaning of plant.

20) All excavations, disposal of excavated material, arising’s and waste, any temporary earthworks support and dewatering.

 

GENERAL TERMS & CONDITIONS OF PROPOSAL

1) ACCEPTANCE OF PRICE PROPOSAL
No contract is deemed to have been entered until written acknowledgement, by Aarsleff, of the client’s instructions.

2) SUB-CONTRACT CONDITIONS AND CREDIT REFERENCES
We are prepared to work under various Standard Condition of Contract. The Housing Grants, Construction and Regeneration Act 1996 and subsequent changes will apply to this contract. This proposal shall be incorporated into and read in conjunction with the above Standard Conditions and associated Standard Forms of Sub-Contract. We shall require satisfactory credit references relating to the Client/Principal Contractor to meet the requirements of Aarsleff before any work is commenced under the Sub-Contract otherwise discussion shall be required relating to some form of payment plan ranging from 100% prior payment to reduced payment period.

3) REMEASUREMENT
This proposal is made on the understanding that all work will be remeasured on completion of the works at the rates given in the Bill of Quantities.

4) CONFLICTING CONDITIONS
Should any terms given in these Conditions conflict with specific points mentioned in our proposal, then the conditions in the proposal shall be deemed to take precedence. Any alterations will only be accepted if agreed by us in writing. We confirm acceptance by both parties to use email as a contractual method of communication for the purposes of this project.

5) TERMS OF PAYMENT
a) Nett payment within 28 days of the date of our valuation, subject to suitable credit references being received.
b) No money shall be deducted by way of retention. Payment shall be made in full for all measured work in accordance with the time schedule agreed.
c) Overdue payment will accrue interest charges of 8% above the Bank Lending Rate current at the time.
d) All delay costs, inclusive of LADs, will only be accepted in the same proportion as our proposal relates to the main contract price to a maximum of five percent of this agreement value.
e) Payment to Aarsleff will not be dependent upon any payment by a third party or the end client.
f) Execution of and Sub-Contract/Warranty documentation will not be a condition precedent to payment.

6) RETENTION OF TITLE
It is a condition of any contract entered that ownership of the goods supplied does not pass to the client until the full contract price has been paid.

7) DEDUCTION OR SET-OFF
The client shall not be entitled to deduct or set-off any monies against payments due to Aarsleff without prior agreement in writing. Notwithstanding any Main Contract clause in the event of Determination, there will be no sequestration, impounding or taking over of our plant/equipment and materials under any circumstances.

8) INSURANCE
Our proposal includes for Public Liability Insurance to a limit of £5 million any one incident plus Employer’s Liability Insurance of £10 million any one incident, Contractors All Risks Insurance to a limit of £0.5 million, plus Professional Indemnity Insurance of upto £10 million for any one claim in the aggregate.

9) LIMIT ON ECONOMIC LIABILITY
To the extent permitted by law and notwithstanding any conditions which may appear in any Order/Contract/Subcontract and the like arising from this Proposal our total for all or any losses, damages, costs of any kind, or claims from Third Parties shall be limited to the value of the sub-contract works or such other amount that is considered reasonable considering the proportional relationship between the values of the subcontract and the Main Contract of such fixed sum as is agreed. Furthermore, the Sub-contractor’s liability in respect of any action or proceedings brought under or in connection with this agreement shall be limited to such sum as it is just and equitable for the Sub Contractor to pay having regards to the extent of its responsibility for loss and / or damage in question when compared with responsibilities of all other contractors, sub-contractors and consultants for the loss and / or damage.

10) VARIATIONS/INSTRUCTIONS
Any variations/instructions relating to our works are to be notified to us in writing or confirmed by Aarsleff.

11) VALUE ADDED TAX
Our proposal excludes Value Added Tax

12) CONTRACTUAL ALLOWANCES
There is no monetary or contractual allowance for Discounts, Letters of Indemnity, Warranties, Guarantees or Bonds.
Should there be a requirement to the supply of any Warranty, Guarantee or Bond, the wording of such documents shall be subject to the approval of Aarsleff Professional Advisors. Unless specifically itemised in the Aarsleff Proposal there will be a charge for this. In the case of standard (JCT) Collateral Warranty, the charge will be Sterling Pounds Five Hundred (£500.00). In the case of any other type or bespoke Warranty, Guarantee or Bond, the charge will be in accordance with the prevailing market requirements, subject to a minimum of Sterling Pounds One Thousand (£1,000.00). Said documents will contain a “net contribution clause” limiting Aarsleff Ground Engineering Ltd liability to such sum as it is just and equitable for the Sub Contractor to pay having regards to the extent of its responsibility for loss / and or damage in question when compared with responsibilities of all other contractors, sub-contractors and consultants for the loss and / or damage.

13) CANCELLATION OR DELAY CHARGES
In the event of a delay or cancellation of the contracted works we reserve the right to apply delay or cancellation daily charges in line with our quoted standing time rates based upon 10 hours per day. These charges will apply when written notice is given less than three weeks prior to the agreed commencement date and will be based on the number of substantiated non-working days before the next available work date. Furthermore if after mobilisation to site, the works are phased, suspended, omitted or cancelled we reserve the right to levy standing time and mobilisation charges as are appropriate.

14) NOISE AND VIBRATION
Noise and vibration will be kept to a level compatible with normal operations using our standard equipment. Should our work be disrupted, delayed or terminated completely then we shall be reimbursed at billed rates and indemnified against all liabilities in respect of delays or any costs associated with the use of an alternative system to carry out the works.

15) PROGRAMME
The proposal is based on continuous operations of Aarsleff’s plant and machinery in an economic manner and takes into account anticipated machine breakdown time. Should the rate of progress exceed that anticipated, suitable measures should be taken by others to maintain this enhanced progress. We would consider if necessary, specially accelerated or retarded periods of productions to meet the agreed programme, provided we are reimbursed at agreed rates or cost + 20%. The programme assumes that the works do not differ in scope detailed or we are not delayed by circumstances beyond our control, and that any programme involving our work should be agreed with ourselves before acceptance of an order. All start dates are to be week commencing dates, with the contract period commencing from our actual arrival on site. Aarsleff’s expectation is for one short Site Induction process.

16) VARIATIONS/INSTRUCTIONS
Any variations/instructions relating to our works are to be notified to us in writing or confirmed by Aarsleff.

17) STANDARD OPERATION
Our proposal includes for all our operations being carried out in accordance with our Standard Operating Procedures. Should this not be acceptable, then any additional measures will need to be agreed with yourselves and will be treated as a variation.

18) SPECIFICATION AND O&M
Aarsleff carry out drilling and grouting works generally in accordance with the Industry or Client Specification for Drilling and grouting. The ‘As-Built’ information provided will be Drilling and grouting Record Sheets and Test Reports for inclusion in Operation Manuals by others. Such Records and Reports shall be used as the basis for any remeasurement of quantities.

19) WEATHER
Notwithstanding any Standard Main or Sub-Contract (or Amendments thereof) Aarsleff will receive re-imbursement in the event of any weather conditions and Contractor judgements affecting by slowing or stopping progress of the works.