INSTRUCTIONS DOCUMENT FOR REQUEST FOR TENDERS

INSTRUCTIONS DOCUMENT FOR REQUEST FOR TENDERS FOR APPOINTMENT TO A MULTI-PARTY FRAMEWORK AGREEMENT FOR THE SUPPLY OF PLANT HIRE SERVICES TENDER REFERENCE NUMBER: Plant Hire Services 2014 CLOSING DAY: Friday CLOSING DATE: 18 th October 2013 CLOSING TIME: 15:00 DATED ISSUED: 5 th September 2013 Please Submit Tenders Online at www.laquotes.ie

INTRODUCTION AND PROJECT DESCRIPTION 1.1. The purpose of this Competition is to establish a multi-party framework agreement for Plant Hire Services with the Contracting Authorities who are listed in Appendix 5. 1.2. This framework agreement will be open to Central Government and other parties as listed below. Parties eligible to participate in this Services Framework Contract: Ministers of the Government of Ireland, Central Government Departments, Offices and non-commercial Agencies and Organisations which have a formal reporting and legal relationship to Central Government Departments, including all local authorities in Ireland (themselves including Town Councils, regional assemblies, county enterprise boards and library bodies). Contracting authorities in the Irish health sector including the Health Service Executive (HSE) and the Health Information and Quality Authority (HIQA). Contracting authorities which are third Level Education Institutions (including universities and institutes of technology), vocational education committees (VECs) and VEC schools and primary, post-primary, special and secondary schools as well as VECs acting on behalf of school, groups and clusters of schools in centres. An Garda Siochána (Police) The Irish Prison Service Defence Forces and The National Lottery Company Limited. 1.3. Kerry County Council is coordinating the supply of Plant Hire Services on behalf of all local authorities in Ireland and the Office of Public Works (OPW). 1.4. To coordinate these purchases Kerry County Council wishes to appoint Contractors/Suppliers to a multi-party framework agreement. The Framework Agreement is being procured by Kerry County Council on its own behalf and also as a central purchasing body acting on behalf of all local authorities in Ireland listed in Appendix 5 ( the Framework Purchasers ). The appointment is being made by a process of competitive tender using the Open Procedure. The regulatory framework applicable to the tender process comprises Directive 2004/18/EC of the European Parliament and of the Council, on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts implemented into Irish law by European Communities (Award of Public Authorities Contracts) Regulations 2006. The tender process is being conducted in compliance with the legal framework established by this legislation. 1.5. Suitably qualified Contractors/Suppliers are hereby invited to submit a Tender. Tenders will be assessed in accordance with the Selection Criteria set out at Appendix 1. Tenders that meet the Selection Criteria will then be assessed in accordance with the Award Criteria set out at Appendix 2. 1.6. The Framework Period will be for one year (2014) subject to budget and other factors. 1.7. It is anticipated that the Framework Agreement will commence in January 2014. 1.8. This procurement process is being conducted electronically. No hard copy documents are issued to Contractors/Suppliers. Tender submissions are to be delivered 2

electronically only. Contractors/Suppliers are required to submit tenders online at www.laquotes.ie only no later than 15:00 hours on the 18 th of October 2013. 1.9. Late submissions will not be accepted. Tenders will not be accepted via email or fax. 1.10. It is the responsibility of each individual Contractor/Supplier to ensure that its Tender is submitted online at www.laquotes.ie by 15:00 hrs on the 18 th of October 2013. 1.11. Please read this tender documentation carefully and complete all forms as requested. Failure to provide all the requested information may result in your tender being deemed non-compliant. 1.12. Please note that all information relating to this tender, including tender documentation, clarifications and changes, will be published on the Irish Government's etenders website (www.etenders.gov.ie) ONLY. 1.13. All responses to queries raised will be transmitted via www.etenders.gov.ie. Questions will only be accepted via www.etenders.gov.ie on or before the 4 th of October 2013. 1.14. Kerry County Council will not accept responsibility for information relayed (or not relayed) via third parties. If the Invitation to Tender is in any way altered or edited the subsequent tender may be deemed inadmissible. 1.15. Clarification during Evaluation Period: During the evaluation period, clarification may be sought via e-mail from Contractors/Suppliers. Responses to requests for clarification may not materially change any of the elements of the tender submitted. 1.16. It is mandatory that all Contractors/Suppliers provide an email address for receiving correspondence during the Evaluation Period and also for any mini-competitions as they arise. The email address information is to be provided online at www.laquotes.ie under the Contractor/Suppliers details section. 1.17. Kerry County Council expects to complete the tender process in accordance with the indicative timetable set out in Appendix 4. Kerry County Council reserves the right in its absolute discretion to amend the timetable. 1.18. Kerry County Council reserves the right to update, delete, vary, extend or alter this Request for Tenders and the information and documents contained herein at any time by notice by email to Contractors/Suppliers. 1.19. Any advice of a modification to the Request for Tenders shall be issued at least five days (5) before the 18 th of October 2013 on www.etenders.gov.ie only and shall be issued as an addendum to, and shall be deemed to constitute part of, the Request for Tenders. If necessary, Kerry County Council shall revise the Closing Date in order to comply with this requirement. 1.20. Each Contractor s/supplier s costs will be the sole liability of that Contractor/Supplier. Kerry County Council has no obligation to reimburse the Contractor/Supplier in respect of costs incurred by it in the preparation of its Tender or otherwise as a result of its participation in the tender process, whatsoever or howsoever arising. 1.21. Contractors/Suppliers are required to complete the Contractors Pre-Qualification Questionnaire online at www.laquotes.ie. If a section of the questionnaire is not applicable to the Contractor s operations please indicate N/A. 1.22. Contractors/Suppliers are required to get their Insurance Brokers/Company to complete the Insurance Questionnaires online at www.laquotes.ie. Contractors/Suppliers are required to complete or submit all other information as requested in the Contractor s Checklist prior to commencing any contract. 3

2. THE OPERATION OF THE FRAMEWORK 2.1. Evaluation procedure: Tenders will be checked: 2.1.1. to ensure that they are complete and include all information required; 2.1.2. to ensure that they comply with the requirements of this Request for Tenders; 2.1.3. in particular, to ensure that the required information has been submitted online at www.laquotes.ie by the Closing Date; and 2.2. Contractors/Suppliers that fail to meet any of the preliminary checks may, at Kerry County Council s absolute discretion, be eliminated from the tender process. 2.3. Following this, Contractors /Suppliers suitability will be assessed in accordance with the Selection Criteria set out at Appendix 1. To assist in the evaluation of applications, Kerry County Council may (to the extent permitted under public procurement law) ask any Contractor/Supplier to clarify or supplement the content of any aspect of its Application. 2.4. Contractors/Suppliers that meet the Selection Criteria will be evaluated in accordance with the Award Criteria set out at Appendix 2. 2.5. No part of the Tender will be returned to the Contractor/Supplier. 2.6. Following the expiry of the Standstill Period, the successful Contractor/Supplier will be required to sign and return a Framework Agreement, a copy of which can be downloaded from www.laquotes.ie or www.etenders.gov.ie and to provide signed Personal Situation Declaration (in the form attached at Schedule 4). It is a condition of the appointment of the Contractor/Supplier to the Framework that the Framework Agreement and the completed Personal Situation Declaration is signed and returned to Kerry County Council. No material amendments to the Framework Agreement and no amendments to the Personal Situation Declaration will be accepted or negotiated. Should a successful Contractor/Supplier fail to provide the Personal Situation Declaration or to enter into the Framework Agreement in the required form, that Contractor/Supplier shall not be appointed to the Framework. The Framework Agreement sets out the terms and conditions of any contract awarded under this Framework. 4

Application for inclusion in the Framework Agreement 1 SELECTION CRITERIA HEALTH AND SAFETY DECLARATION SAFETY STATEMENT HAS BEEN SUBMITTED INSURANCE DECLARATION SAFE PASS CARD - Complete online form TAX COMPLIANCE DECLARATION DECLARATION REGARDING PAYING MINIMUM WAGE DECLARATION REGARDING CONFLICTS OF INTEREST 2 AWARD CRITERIA Pricing Mechanism: Tenderers must agree to submit prices for each pricing method required and submit pricing online at mini competition stage through www.laquotes.ie ONLY THOSE INCLUDED IN THE FRAMEWORK AGREEMENT WILL BE ASKED TO TENDER FOR CONTRACT Tender for the award of a contract under the Framework Agreement 3 SELECTION CRITERIA 4 AWARD CRITERIA AVAILABILITY OF MACHINERY ABILITY TO DELIVER WITHIN THE SPECIFIED TIME CONFIRMATION THAT SPECIFICATIONS ARE MET COMPETENCE TO ACT AS PSCS (if applicable) HAVE REQUIRED QUALIFICATION/CERTIFICATION ABILITY TO RESPOND WITHIN REQUIRED TIMESCALE (if applicable) HAVE REQUIRED EXPERIENCE OF SUCESSFULLY COMPLETING SIMILAR CONTRACTS COST QUALITY Diagram 1 2.7. The appointment of the successful Contractor/Supplier to the Framework Agreement does not constitute a commitment or guarantee from any of the Framework Purchasers to purchase or procure any supplies from the Contractors/Suppliers and does not confer any exclusivity on the appointed Contractor/Supplier. The Framework Purchasers reserve the right to carry out separate procurement processes for any supplies and services described in the Framework Agreement from any Contractor/Supplier outside of the Framework should they, at their sole discretion, consider it appropriate to do so. 2.8. It is intended that Contractor/Supplier performance will be monitored during the Framework. Quality of service and user satisfaction will be the main criteria for measuring performance. Where Contractors/Suppliers fail to perform satisfactorily any contracts awarded, they may be eliminated from the Framework. 5

2.9. Individual contracts under the Framework Agreement ( Framework Contracts ) will be awarded following the Mini-Competition Procedure set out in Schedule 4 of the Framework Agreement. At mini-competition stage, Contractors/Suppliers will be required to submit fixed prices in accordance with the specific requirements of the minicompetition. The Framework Purchasers will indicate which pricing method will be applied hourly rate plant only, hourly rate plant and operator, daily rate, price per job etc. The Framework Contract will be awarded either on the basis of most economically advantageous tender (MEAT) or by the lowest price by application of the award criteria set out in Appendix 3 as may be supplemented as appropriate in relation to the specific drawdown requirements. The type of procedure used, whether MEAT or lowest price will be stated at the mini-competition stage. Framework Purchasers may include a Form of Contract or other documents to be completed as part of the mini-competitions. 2.10. For the avoidance of doubt, individual Framework Purchasers may award Framework Contracts on behalf of one or more Framework Purchasers using the mechanisms described above. 2.11. As regards the operation of the Mini-Tender, the Framework Purchasers do not undertake to accept the lowest tender for any individual contract, or part or all of any such tender and the acknowledgement of receipt of any tender for an individual contract shall not constitute any actual or implied agreement between the relevant Framework Purchaser(s) and the Contractor/Supplier. 2.12. Contractors/Suppliers are required to fully comply with the Request for Tenders when preparing their submission and participating in this process. It is up to the Contractor/Supplier to ensure that they fully understand the requirements of this Request for Tenders. Where a Contractor/Supplier does not fully understand the requirements, the query should be logged on www.etenders.gov.ie. 2.13. If a Contractor/Supplier fails to comply in any way with the Request for Tenders, Kerry County Council may (but is not obliged to) disqualify the Contractor/Supplier concerned and reject its submission. Without prejudice to this right, Kerry County Council may (but is not obliged to) seek clarification or further information from the Applicant (that does not materially alter its Tender) or take any other step permitted by law. 2.14. Where Framework Purchasers request clarification or further information on any matters relating to the tender or supporting documentation, such information shall be submitted no later than the date specified in the request. 2.15. Contractors/Suppliers shall ensure that all information provided with their tender including subsequent further information is correct. Where Contractors/Suppliers are found to have furnished false, misleading or incorrect information, the Framework Purchaser will impose such sanctions as it deems appropriate in the particular case. The sanction will be determined by the Framework Purchaser at its own discretion and it may include all steps up to the complete exclusion from the framework. 2.16. Contractors/Suppliers must indicate in their online submission if they intend to subcontract any part of the contract to third parties and will be asked to identify any such proposed subcontractors prior to entry onto the framework. 2.17. In the event of a consortium making a submission, the agreement will be made between Kerry County Council, and one contractor who will act as the agreed prime contractor. The prime contractor is responsible for the delivery of all services provided for under the terms of the contract and shall assume all the duties, responsibilities and costs associated with the position of prime contractor. The prime contractor is responsible for ensuring that all parties to the consortium comply with the conditions of the Framework Agreement. Kerry County Council will not act as an arbitrator between members of a consortium. Details of the other Contractors/Suppliers will be sought prior to entry onto the framework. 6

3. GENERAL INFORMATION 3.1. Kerry County Council and all of the other Framework Purchasers are entitled to disclose information about this process, including the identity of the Contractors/Suppliers, to any person. Kerry County Council and all of the other Framework Purchasers are subject to the Freedom of Information Acts 1997-2003. 3.2. Contractors/Suppliers are asked to consider if any of the information supplied by them in response to this Request for Tenders should not be disclosed because it is commercially sensitive or confidential. If this is the case, Applicants should, when providing the information, identify same and specify the reasons for its commercial sensitivity or confidentiality. Kerry County Council will have regard to such a statement but is not bound by it. 3.3. Contractors/Suppliers shall also be aware that a current Tax Clearance Certificate or demonstration of a satisfactory level of subcontractor tax compliance will be required from the successful Contractors/Suppliers prior to entering into a contract. Successful Contractors/Suppliers must comply with the terms of the Department of Finance Circular 43/2006: Tax Clearance Procedures: Public Sector Contracts, or any replacement. These certificates and clearance requirements will be required prior to the contract award but do not have to be submitted as part of any Tender at this stage. Contractors/Suppliers are now required to produce an in date Notification of Determination to the Framework Purchaser or principal contractor, before the contract is awarded. Contractors/Suppliers requiring further information on demonstration of satisfactory level of subcontractor tax compliance and Notifications of Determination under Section 530I should contact their local Revenue office. Contact details are available on the Revenue website at www.revenue.ie. 3.4. Where a Tax Clearance Certificate expires within the course of the contract, each Framework Purchaser reserves the right to seek a renewed certificate. All payments under a Framework Contract will be conditional on the Contractor/Supplier being in possession of a valid certificate at all times. 3.5. Contractors/Suppliers shall also be aware that it will be a condition of appointment to the Framework Agreement that the Contractor/Supplier may be required to provide evidence prior to commencing any works of membership of a pension and sick pay scheme for all of their employees employed to work on Local Authorities contracts. 3.6. The laws of Ireland shall apply to this tender process and this tender process shall be subject to the exclusive jurisdiction of the Irish courts. 3.7. The Contractor/Supplier shall comply with all statutory requirements in relation to PAYE and PRSI, registered employment agreements, relevant sick pay and pension schemes and minimum standard conditions and pay rates of the relevant industry. 3.8. By participating in this Request for Tenders process; Contractor/Supplier acknowledge that there does not exist any contractual or quasi-contractual relationship between Kerry County Council and Contractor/Supplier prior to the execution of the Framework Agreement nor does there exist any contractual or quasi-contractual relationship between any Framework Purchaser and any Contractor/Supplier prior to the execution of a formal contract entered into pursuant to the mini-competition. 3.9. Kerry County Council reserves the right, without notice, to terminate the process or change the basis and the procedures for the tender process. In such circumstances, Kerry County Council and its advisors shall not be liable to any persons as a result thereof. Kerry County Council shall not be bound to accept any Tender and reserves the right not to conclude a Framework Agreement for some or all of the supplies and services for which Tenders are invited. 7

3.10 By participating in this tender process, Contractors/Suppliers accept, confirm and acknowledge that: 1. Any Contractor/Supplier will be immediately eliminated from the Framework if they do not provide the required evidence of compliance with declarations when requested by Kerry County Council in accordance with the Appendix 2 or it is subsequently discovered that any declaration or information provided is false and 2. The award of any Framework Contract will be on the basis of either the Most Economically Advantageous Submission or the Lowest price depending on the type of procedure stated in the mini-competition. 4. APPENDICES AND SCHEDULES 4.1. The following Appendices and Schedules are attached to this Request for Tenders: Appendix 1: Selection Criteria Appendix 2: Award Criteria for Appointment to the Framework Appendix 3: Evaluation Criteria for Mini-Competitions Appendix 4: Indicative Timetable Appendix 5: Framework Purchasers Schedule 1: Specification Document Schedule 2: Categories of Plant Tendered Schedule 3: Contractor s Checklist Schedule 4: Personal Situation Declaration Form (as per Article 45 of Directive 2004/18/EC and Regulation 53 of SI 329) 8

APPENDIX 1- SELECTION CRITERIA All qualifying tenders received will be evaluated against the Selection Criteria listed below. Tenders that meet the Selection Criteria will then be evaluated in accordance with the award criteria in Appendix 2. If Contractors/Suppliers declare that they comply with declarations and it is later discovered that the declaration was false then the Contractor/Supplier will be immediately eliminated from the Framework. Selection Criteria Health & Safety Weighting Contractors/Suppliers must declare that they are complying with all relevant Health & Safety Legislation. A copy of their current safety statement must be available on www.laquotes.ie Insurance Contractors/Suppliers must declare that they will have in place the relevant insurance as outlined in the terms & conditions prior to commencing any contract. Safe Pass Card Contractors/Suppliers are required to confirm that they have a valid Safe Pass Card with Fás Accreditation for Employees or equivalent online at www.laquotes.ie. Tax Compliance current Tax Clearance Certificate Contractors/Suppliers are required to confirm online at www.laquotes.ie that they are Tax Compliant Pay Rates Contractors/Suppliers are required to confirm online at www.laquotes.ie that they comply with all statutory requirements in relation to PAYE, PRSI, etc. Specification Contractors/Suppliers are required to confirm online at www.laquotes.ie that the Contractor/Supplier will comply with the requirements of the Specification at Schedule 1 Personal Situation Declaration Contractors/Suppliers are required to confirm online at www.laquotes.ie that they meet the eligibility requirements in compliance with Article 45 of EU Council Directive 2004/18/EC (all the answers to the requirements must be NO). The form of declaration which successful Contractors/Suppliers will be required to sign and return at a later stage, is in Schedule 4. Conflicts of Interest Contractors/Suppliers are required to confirm online at www.laquotes.ie that there are no existing conflicts of interest. 9

APPENDIX 2- AWARD CRITERIA FOR APPOINTMENT TO THE FRAMEWORK Award Criteria Mandatory Pricing Mechanism: Contractor/Supplier must agree to submit prices for each pricing method required by the Framework Purchaser and to submit pricing online at mini competition stage through www.laquotes.ie 10

APPENDIX 3 EVALUATION CRITERIA FOR MINI COMPETITIONS When a Framework Purchaser, at its discretion, decides to award a contract for Plant Hire Services pursuant to a mini-competition, it will apply the award criteria below in order to determine the most economically advantageous tender or the lowest price depending on the type of procedure stated in the mini-competition. Firstly, tenders will be assessed to see if they meet the pass/fail criteria below. Any Contractor/Supplier that fails to meet the pass/fail criteria below may be excluded from further consideration. Selection Criteria for Mini-Competitions The Contractor/Supplier has the required machines/plant available The Contractor/Supplier can supply the Plant Hire & Haulage Services within the delivery period required. Confirmation that the requirements of the Specification set out in Schedule 1 to the Framework Agreement and Terms and Conditions set out in Schedule 1 of this document can and will be complied with. If applicable, confirmation that requirements specified in the minicompetition can be met. This criterion may be broken down into subcriteria to take account of the particular characteristics of the job, the subject of the mini competition. If applicable, confirmation that evidence of the relevant specific qualification/certification can and will be provided. If applicable, the Contractor/Supplier has provided evidence to demonstrate its competence to carry out the role of Project Supervisor for the Construction Stage (PSCS) as specified by the Safety, Health and Welfare at Work (Construction) Regulations 2013 (where applicable, a detailed questionnaire will be included in the request for mini tenders for the purposes of assessing compliance with this criterion). Relevant Experience, if applicable, confirmation that the minimum level(s) of experience set out in the mini-competition can and will be complied with. The Contractor/Supplier must have satisfactory experience and must have successfully completed similar works to the contract being offered. The Framework Purchaser may request submission of details of other similar work carried out by the Contractor/Supplier and/or Operator being provided. In assessing the similarity of the works completed the Council will assess the type and variety of works done and the conditions under which and the locations where the contract work was carried out. In assessing whether the contracts were satisfactorily carried out and were similar, the Council may be requesting reports from the previous employer or employer s representative. If applicable, confirmation that the plant concerned will be available outside of normal working hours, and that any maximum response time specified can and will be complied with. 11

Contractors/Suppliers that pass the criteria above will be assessed in accordance with the award criteria below. The Contractor/Supplier that achieves the highest ranking score by reference to the award criteria below will be awarded the drawdown contract. Award Criteria Percentage Weighting Minimum Requirements Overall Price [60%-100%] [ ]% Quality [0%-40%] [ ]% This criterion may be broken down into sub-criteria, including such matters as the age of machine, backup support services, etc. The particular characteristics of the job, the subject of the mini competition including where appropriate the requirement for a safety plan/quality plan for the specific Framework Contract(s), may also be taken into account. If applicable, it will also take account of green procurement. Where, after a competition, two tenders are level on marks, the Council reserves the right to either: 1. Ask the drawn Contractors/Suppliers to resubmit prices and continue this process until there is a winner 2. To divide the contract between the two drawn Contractors/Suppliers. 12

APPENDIX 4 INDICATIVE TIMETABLE OPEN PROCEDURE Date* Invitation to Tender 5 th September 2013 Deadline for receipt of Queries 4 th October 2013 Tender Closing Date 18 th October 2013 Appointment to the Framework 13 th December 2013 Conclusion of Framework 31 st December 2014 *Dates may be subject to change at Kerry County Council s absolute discretion. 13

Framework Purchaser APPENDIX 5 FRAMEWORK PURCHASERS Cavan County Council & Town Councils within this County Carlow County Council & Town Councils within this County Clare County Council & Town Councils within this County Cork City Council Cork County Council & Town Councils within this County Donegal County Council & Town Councils within this County Dublin City Council Dun-Laoghaire-Rathdown County Council Fingal County Council Galway City Council Galway County Council & Town Councils within this County Kerry County Council & Town Councils within this County Kildare County Council & Town Councils within this County Kilkenny County Council and Borough Council Laois County Council & Town Councils within this County Leitrim County Council & Town Councils within this County Limerick City Council Limerick County Council Longford County Council & Town Councils within this County Louth County Council & Town Councils within this County Mayo County Council & Town Councils within this County Meath County Council & Town Councils within this County Monaghan County Council & Town Councils within this County North Tipperary County Council & Town Councils within this County Offaly County Council & Town Councils within this County Roscommon County Council & Town Councils within this County Sligo County Council & Town Councils within this County South Dublin County Council South Tipperary County Council & Town Councils within this County Waterford City Council Waterford County Council & Town Councils within this County Westmeath County Council & Town Councils within this County Wexford County Council & Town Councils within this County Wicklow County Council & Town Councils within this County OPW East Region OPW West Region OPW South West Region Note: Legislation is currently being drafted for the merger of Limerick City Council with Limerick County Council, Waterford City Council with Waterford County Council and North Tipperary County Council with South Tipperary County Council, which is scheduled to be enacted by the end of 2013, with the new structures to be in place after the local elections in May 2014. Town/Borough Councils are also being merged with their respective County Councils. This 14

legislation will make provision for the transfer or distribution of the functions, property, rights and liabilities of these existing local authorities to their respective merged authorities. The transfer of administration functions in these authorities to their respective merged authority will be on-going from the start of 2014. 15

SCHEDULE 1: SPECIFICATION DOCUMENT & TERMS & CONDITIONS FOR THE SUPPLY OF PLANT HIRE SERVICES Kerry County Council hereby invites tenders from suitable Contractors/Suppliers who wish to be included on the Framework for the supply of Plant Hire Services to the Framework Purchasers. The categories of plant are listed in Schedule 2 and available when you logon on to www.laquotes.ie. Contractor/Suppliers may tender for the supply of one or more items on the online tender forms. If more than one item of plant of the same type is available each item should be listed separately and identified separately by serial number and registration number if available. The serial number shall be the manufacturer s identification mark unique to the machine. If an identification number is not provided for an item then it will not be eligible for inclusion in the Plant Hire Framework. Note: Failure to comply with these terms and conditions may result in disqualification from the Framework. Section A: Insurance 1.1 No machine/vehicle or contractor/supplier shall be awarded a contract unless satisfactory evidence of insurance is submitted online prior to contract award by the Insurance Broker/Company. Where the Insurance Policy in question lapses prior to the end of the period of the contract it shall be the responsibility of the Contractor/Suppliers to ensure that said policy is renewed, to ensure that the relevant Local Authorities are so informed and that the insurance details are updated on www.laquotes.ie. Employers Liability Insurance will be required where the item of plant to be hired is to be operated by anyone other than its owner (where the owner is an individual any reference to owner below means an individual owner) even for periods of holiday leave, sick leave etc. Any operator of a machine other than its owner will be deemed to be an employee even if a relation to/of the owner. a. Cover must apply to the employees of the Contractor/Supplier engaged on the Contract. b. The liability for death or injury to employees must be covered on an unlimited basis. c. The cover must indemnify the Framework Purchaser to which the mini-competition pertains i.e. one or more of the participating Framework Purchaser subscribers, as principal. d. Cover must be extended to cover the Contractor/Supplier in respect of liability assumed by him under the Contract, e.g. the description of the Insured's business must be unambiguous. Specific indemnity to the Framework Purchaser as Principal is required with a minimum limit of 13m under Employers Liability, 6.5m under Public Liability and 6.5m under Motor Insurance Policy if applicable. In respect of plant which is hired without operator, the Council requires evidence of Public Liability insurance cover including liability arising from the use or supply of defective equipment. This cover must be provided either under the Public Liability policy or a separate Products Liability policy, with a minimum limit of 6.5m. 1.2 The Contractor/Supplier shall be liable for and shall indemnify the Framework Purchaser for and in respect of all and any losses, claims, demands damages or expenses which the Framework Purchaser may suffer due to and arising directly as a result of the negligence, act or omission, breach of contract breach of duty, wilful default or fraud of the Contractor/Supplier, its employees, sub-contractors or agents or any of them. 16

2. The onus is on the Contractor/Supplier to advise the Framework Purchaser when their insurance has lapsed or has been cancelled. All Contractor/Suppliers must notify Local Authorities of alterations, cancellations and confirm renewal of policies. Any failure to do so may result in immediate barring of the Contractor/Supplier for the duration of the framework. 3. When quoting for the hire and employment of agricultural tractors, trailers and hedgecutters, Contractor/Suppliers are advised that insurance policies limited to agricultural and forestry use do not cover work of a commercial nature and must be extended to permit such work. Section B: Payment, Tax Clearance, etc. 4. Where plant/machinery is being hired with a driver, the Contractor/Supplier is required to produce a current Tax Clearance Certificate from the Revenue Commissioners and comply with the new RCT systems that were introduced on the 1 st of January 2012. For further details on this system please logon to www.revenue.ie. 5. The Contractor/Supplier of a machine/vehicle must deliver it free to and from the site where it is required for hire unless a delivery price is allowed and submitted as part of the mini-tender. 6. No payment will be made in respect of Hired Machinery standing on days on which the Framework Purchaser does not normally work. 7. Payment will be made at the working rate for each hour or part of hour worked. Where allowed the standby rate will be paid when the machine is not working, due to stoppages caused by the Framework Purchaser or by inclement weather, up to a maximum of six hours in any day. No payment will be made for time lost in stoppages due to a breakdown in the machine itself and where machines require services and repairs. A time sheet, showing fully the hours of each day work under the headings of working, standing, idle, etc. signed by the authorised Framework Purchaser employee and countersigned by the plant operator must be filled up for each days work. It is on these returns that payment will be made. Some Local Authorities do not pay standby rates. 8. Where equipment/machines are hired without driver/operator, a day is clearly defined/understood as a period of 24 hours and a week is seven consecutive days. 9. Framework Purchasers operate a core time 39-hour, 5-day week. Refuelling of plant is not permitted during working hours and payment for time worked will only be made on the basis of the Framework Purchasers s time records of hours/days worked and not on the Contractor/Supplier s own time sheets. Unless otherwise stated fuel costs to be paid by the Contractor/Supplier. No allowance will be made for Church Holidays, Bank Holidays, Annual Holidays or Other Holidays recognised by Framework Purchasers. 10. The Director of Services or an authorised employee may terminate the employment of a machine/vehicle at any time, on giving at least one hour's notice to the Operator in charge of a machine. The Framework Purchaser shall cease to be responsible for any further charges for standing, travelling or removal costs on the expiration of the termination period. 11. Only plant and items that were tendered for and are entered on the LAQuotes system at the time of mini-competition will be allowed to work. Substitutions of plant items may be allowed where such items are being replaced by other machines of similar type and capacity provided the Framework Purchaser is satisfied that need for substitution arises 17

because of normal plant replacement requirements and the machine being replaced is registered to Contractor/Supplier. 12. The Contractor/Suppliers invoice shall show the following information: The Contractor/Suppliers name and address The Contractor/Suppliers VAT Registration Number Invoice number and date The Framework Purchaser s order number The RFT (Request For Tender) reference number from the LAQuotes system Quantities and price Registration number/serial number if available Location of where works took place. Invoices which do not quote the relevant information as listed above may be returned to the supplier. Invoices shall be submitted by the successful Tenderer on a monthly basis for all costs incurred in the preceding month or as agreed with the individual awarding authority. These are audit requirements. 13. Prior to invoicing, some Framework Purchasers may require Contractors/Suppliers to submit periodic (e.g. weekly or monthly) statements of service provided during the period, for the purpose of certification. 14. Payment: A number of the Framework Purchasers only pay Contractor/Suppliers via EFT (Electronic Fund Transfer) and the remittance is sent to Contractor/Supplier via email. 15. All Framework Purchasers are subject to the provisions of the Freedom of Information (FOI) Act 1997 and the Freedom of Information (Amendment) Act 2003. If you consider that any of the information supplied by you is either commercially sensitive or confidential in nature, this should be highlighted and the reasons for its sensitivity specified in a separate letter. In such cases, the relevant material will, in response to FOI requests, be examined in the light of the exemptions provided for in the Act. 16. The plant Contractor/Supplier or his/her agent or employees will take their instructions from the Director of Services, or authorised employees. 17. The Contractor/Supplier shall not be at liberty to impose any conditions of hire at any time on the Framework Purchaser and any document purporting to impose any such conditions of hire shall be void in so far as such conditions of hire are concerned. 18. Contractors/Suppliers engaged by Framework Purchasers shall provide the names and addresses of all operators of plant hired in the "Driver's Details" section of www.laquotes.ie and enter updates as the need arises during the currency of the framework. 19. Contractors/Suppliers and their employees are expected to adhere to acceptable standards of behaviour, i.e. standards expected of Framework Purchasers staff. Section C: Plant/Operator Requirements & Conditions 20. It shall be the responsibility of the Contractor/Supplier to ensure that the maintenance requirements as set out in manufacturer s recommendations shall be met for all items of plant or equipment on offer. (This requirement does not extend to the daily checks to be carried out by the Framework Purchaser on any items of plant or equipment on hire without operator.) Furthermore the Contractor/Supplier must be able to satisfy the Framework Purchaser that such standards are being met by production of maintenance records upon request. The operator of the machine/vehicle in conjunction with the 18

Contractor/Supplier is responsible for undertaking regular maintenance, inspection and the prompt carrying out of any/or subsequent repairs. Such inspections are to be logged in an appropriate logbook available with each machine/vehicle for spot inspections. 21. Bad work, done as a result of not competently working a machine/vehicle, will be repaired at the Contractor s/supplier's expense. 22. The machine/vehicle offered should be capable of carrying out the work for which it was made without any diminution of power or output from the minimum laid down by the makers of the machine. Plant tendered for should not normally be in excess of six years old. Framework Purchasers, at their discretion, are entitled to specify machine age limits in individual mini-competitions. Where Plant in excess of six years old is tendered for use, the Framework Purchaser s Engineering Staff may monitor its performance, efficiency & suitability. Such inspections in no way exonerate the supplier/operator from their responsibility to inspect, maintain and at all times provide safe equipment, regardless of age. Removal charges for plant deemed unsuitable after monitoring by Engineering staff will not be applicable. Delivery charges for plant replacing such items will not be applicable. It should also be noted that any machine/vehicle tendered for and accepted for work by the respective Framework Purchaser might be dismissed from a work site, if found, on examination not to comply with the current Road Traffic Act, or Health and Safety Regulations, or by non-compliance of any terms and conditions, in any particular instance. This will be at the discretion of the Framework Purchaser. 23. The Framework Purchaser will not provide storage of materials/machinery and the Framework Purchaser will not accept any responsibility for any loss or damage to materials or plant placed on any work site by the Contractor/Supplier or his agents. The Contractor/Supplier shall make his own arrangements for the protection of his machine/vehicle and materials. Plant or tools stored by a Framework Purchaser by prior agreement, for the Contractor s/supplier's convenience, will be stored at the Contractor s/supplier s own risk. Where plant is hired with a driver, the plant shall be at the risk of the owner/provider and the Framework Purchaser shall not be liable to compensate the owner/provider for damage sustained to the plant, nor shall the Framework Purchaser be liable to pay any hire charge in respect of any plant which shall remain idle or inoperable as a result of damage to same. PLEASE NOTE the terms and conditions in this Specification and in the Framework Agreement and any purchase order issued by the Framework Purchasers shall apply to the exclusion of any terms and conditions which the Contractor/Supplier may purport to apply at any time, whether contained in any invoice, delivery docket or other document produced by or furnished to the Framework Purchaser by the Contractor/Supplier, its agents or employers. 24. The operator in charge of a machine/vehicle shall be skilled in the operation of the machine, hold the appropriate CSCS ticket(s), be thoroughly conversant with the machine/vehicle which he/she is operating and shall not be employed to work more than any one machine on any day. The operator must remain in constant attendance on the machine/vehicle while it is employed and under no circumstances shall a machine/vehicle be operated by any person other than those for whom the relevant documentation as required by these terms and conditions has been submitted. 25. All mechanically propelled vehicles/machines operating on public roads must have a valid registration plate applicable to that particular vehicle/machine. 26. A current Vehicle Registration Certificate in respect of each vehicle entered may be required. Local Authorities reserve the right to seek proof of ownership prior to or during the hired period. 19

27. A valid and current Certificate of Road Worthiness (CRW) must be submitted in respect of vehicles and trailers required to possess one. All goods trailers with a Gross Vehicle Weight (GVW) of more than 3,500kg require a Certificate of Road Worthiness. Goods vehicles and trailers, for which a current Certificate of Road Worthiness is not available, will not be hired. 28. In the case of tenders for lorries/haulage/etc. a photocopy of the current road freight licence must be submitted specifying which items are covered. 29. Hauliers are required by law to have a current road haulage operator s licence. All vehicles listed under the Contractor/Supplier account on www.laquotes.ie must be authorised on this licence. 30. All vehicles/machines for which a Road Fund Licence (Tax Disc) is required must display a current Tax Disc correctly. Vehicles hired for commercial work must be taxed as general haulage. 31. All vehicles/machines for which an "Insurance Disc" is required must display a current "Insurance Disc" correctly. 32. All Plant/vehicles hired will be required to have suitable flashing/warning beacons in working order at all times. 33. Trailers or attachments having a maximum gross vehicle weight exceeding 3,500Kgs shall be licenced and also have a current certificate of road worthiness. Where a certificate of road worthiness cannot be obtained the following shall be required in respect of agricultural tractors and attachments: A certifying document from a competent professional mechanic on headed paper stating that the items of plant as tendered are roadworthy safe and fit for their intended usage as an individual item of plant and also in combination with all other items of plant as tendered to which they shall be attached. This certifying document shall cover all aspects of safe performance in relation to the item(s) of plant and attachments as quoted for and in particular shall address the following: Braking Systems Steering Hitching Arrangements Hand Braking Systems controlling Attachments Break away braking systems Other safety items in relation to Tyres, Lights, Indicators, Reversing Buzzers, Flashing Beacons, Rear and side reflector markings, etc. 34. Agricultural tractors and trailers shall comply in all respects with the requirements of the current Road Traffic Acts and Road Transport Acts and all regulations made under those Acts. Where agricultural tractors are hired with drivers, such drivers shall hold driving licences of the classes required under the Road Traffic Acts. All road going vehicles must comply with the requirements of the various Road Traffic Acts and regulations. 35. Contractor/Suppliers are reminded that bitumen emulsion sprayers whether chassis or trailer mounted are subject to the requirements of the European Communities (Vehicle Testing) Regulations, 2004 where used to transport bitumen emulsion on public roads. Certificate of Roadworthiness shall therefore be required in respect of such items where it is intended that they be used to transport bitumen emulsion from storage depots to work sites. The serial number, name of Issuing Authority and the date of the Certificate of Roadworthiness should be included in respect of each such plant item. 36. Contractor/Supplier shall be required to provide in respect of bitumen emulsion sprayers certified results of Spraybar Distribution Test (Depot Tray Test) carried out in accordance with B.S. 1707 within six months preceding date of mini-tender. Contractors/Suppliers whose sprayers are included on the plant hire list will be required to provide on request 20

certified results of Spraybar Distribution Test undertaken on each Spraybar during the course of 2014. Gas heating systems where used shall be up to approved standards for such systems. Certification shall be provided on request. 37. All transport vehicles, earth-moving machinery, materials-handling machinery and locomotives used for the purposes of construction work must comply with Part 11 of the Safety, Health and Welfare at Work (Construction) Regulations 2013. 38. Vehicles utilised by Framework Purchasers shall comply with the relevant Framework Purchasers Vehicle Policy. Contractor/Suppliers must comply with and abide by the Safety Management System of the Local Authority awarding a contract under the Framework (e.g. the LA s Plant Check Sheet). 39. All hedge_cutting contractors must provide FETAC accreditation in hedgerow management and mechanical hedge cutting. 40. Local Authorities may require GPS tracking capability; this will be specified at the minicompetition stage. 41. Road Sweepers tendered for shall be dual sweep. 42. For construction work on roads the Contractor/Supplier shall ensure the following: Compliance with Regulation 97 of the Safety, Health and Welfare at Work (Construction) Regulations 2013. The provision and maintenance of adequate guarding, signing and lighting arrangements in compliance with DoT, 2010 Chapter 8 of the Traffic Signs Manual. The provision of a person / persons in possession of a current CSCS for signing, lighting and guarding at roadworks The provision of a person / persons in possession of a current CSCS for health and safety at roadworks where the CSCS card holder for signing, lighting and guarding at roadworks is absent from the site The provision of a written, site-specific traffic management plan(s) for all projects as defined in Chapter 8 as Category A and B type works. Section D: Health & Safety (Legal/Paperwork) 43. All Contractors/Suppliers must submit a copy of the company Safety Statement or equivalent in accordance with the Safety, Health and Welfare at Work Act, 2005 and all Regulations, Codes of Practice and Guidance arising thereof. The Safety Statement has to be up to date and signed by the Head of the Company. The Safety Statement must include Risk Assessments relevant to the work being tendered for. It must set out the details of the overall Safety Management System which describes the measures, procedures, systems, roles and responsibilities used by the Tenderer to manage safety of its staff, clients and the general public in its premises and outside its premises. The minimum requirement is that the evidence provided will demonstrate compliance with the Safety, Health and Welfare at Work Act, 2005 and all Regulations, Codes of Practice and Guidance arising thereof. All articles and substances supplied for use at work, including any plant, machine, tool or hazardous substance, shall comply with the requirements of the current Safety, Health & Welfare at Work Act, Regulations, Codes of Practice and Guidance. In the situation where a safety statement is currently on file on the LAQuotes system and meets these revised requirements, the Tenderer shall be required to complete a safety statement declaration form which can be downloaded from www.laquotes.ie. 44. All employees operating plant/vehicles or involved in the delivery of road making materials shall have a Safe Pass Card, with FAS accreditation. Plant operators, as listed in the 21