PLANT HIRE CONTRACT
A DYNAMIC PURCHASING SYSTEM
FOR
PLANT HIRE
FOR
LOCAL AUTHORITIES and the OFFICE OF PUBLIC WORKS
TED Reference: 2016/S 218-396813
LOT 1
(PLANT HIRE WITHOUT OPERATOR)
Revised March 2018
Contents
Clause
1.INTERPRETATION
2.Hire
3.Delivery
4.Payment
5.OPERATORS
6.Insurance
7.TERMINATION AND SUBSTITUTION
8.Ethics in Public Office
9.Governing Law
10.LAW, JURISDICTION AND DisputeS
THE APPENDIX………………………………………………………………………………………10
THE SCHEDULE……………………………………………………………………………………..11
1
Plant Hire DPS – Lot 1 Contract - Revised March 2018
THIS CONTRACT is made on …………………………………………………. 20……..
BETWEEN
(1)[FULL COMPANY NAME] incorporated and registered in Ireland with company number [NUMBER] whose registered office is at [REGISTERED OFFICE ADDRESS] (Contractor) OR [FULL SOLE TRADER NAME] of [SOLE TRADER’S FULL ADDRESS]
(2)[NAME OF PURCHASER] whose main office is at [MAIN OFFICE ADDRESS] (Purchaser)
BACKGROUND
The Purchaser wishes to hire the Plant and has entered into this contract with the Contractor following a competition conducted under a dynamic purchasing system established by the Local Government Operational Procurement Centre by publication of a contract notice on on10thNovember 2016 (TED Reference:2016/S 218/396813)(the DPS) for [insert brief description of the nature of the plant and the locations of the works to be carried out, if possible][insert supplygov.ie reference number].
THE CONTRACTOR AND THE PURSHASER AGREE AS FOLLOWS:
1.INTERPRETATION
1.1.The following definitions apply in this contract.
Operator: if applicable by reference to the Appendix, an employee or other individual engaged by the Contractor to operate the Plant in accordance with this contract, or the Contractor (being an individual).
Plant: the items hired under a Task Order, being listed in the Appendix and any substitutions, replacements or renewals made in accordance with this contract and, if applicable, any Operator, where context allows.
Rental Payment: the payment to be made by the Purchaser under this contract for the hire of the Plant.
Rental Rate: the rate stated in the Appendix for hire of the Plant.
Rental Period: the period of hire delimited in a Task Order, as may be extended or shortened by notice of the Purchaser.
Schedule: the attached document titled Standard Terms and Conditions for Contract for Plant Hire for Lot 1 which is wholly incorporated into this contract.
Task Order: an order for hire of Plant under this contract.
Term: the term delimited in the Appendix.
1.2.Unless the context otherwise requires—
1.2.1.Words in the singular include the plural and vice versa.
1.2.2.Words using one gender the other genders.
1.2.3.A reference to a law or provision of a law is a reference to it as amended, extended or re-enacted from time to time, and includes all subordinate legislation made from time to time under it.
1.2.4.References to clauses are to the clauses of this contract.
1.2.5.Any words following the terms including, include, in particular, for example or any similar expression are construed as illustrative and do not limit the sense of the words, description, definition, phrase or term preceding those terms.
2.Hire
2.1.The Contractor will hire the Plant to the Purchaser for the Rental Period, pursuant to Task Orders, subject to this contract.
2.2.When during the Term the Purchaser decides to hire Plant, it may issue a Task Order to the Contractor if the Contractoris identified in the Appendix as the preferred supplier.
2.3.If the Contractor is not the preferred supplier, thePurchaser may issue a Task Order to the Contractor if the Purchaser is satisfied that the preferred supplier (and any substitute suppliers ranked ahead of the Contractor in the competition leading to award of this contract) will be unable to perform the Task Order. The Purchaser may make this determination on the basis that the preferred supplier and any higher-ranked substitute suppliers have failed to confirm (within the time allowed by the Purchaser) that they will perform the Task Order.Further, for the avoidance of doubt, where the Contractor is a substitute supplier (of whatever rank) and is issued a Task Order in the manner outlined herein the Contractor shall complete the hire identified in the Task Order (subject to any termination or modification by the Purchaser) notwithstanding; (a) that the Contractor who is the preferred supplier (or a substitute supplier of a higher rank) subsequently becomes available, able or willing to perform the Task Order during the course of the works or (b) there is a temporary pause, break or delay in the undertaking of the specific works for whatever reason.
3.Delivery
3.1.Delivery of the Plant shall be in accordance with the Task Order.
4.Payment
4.1.The Purchaser must pay the Rental Payment to the Contractor as calculated below.
4.2.Where plant/machinery is being hired with a driver, the Contractor is required to produce a current Tax Clearance Certification or eTax Clearance Certificate from the Revenue Commissioners and comply with the RCT systems that were introduced on the 1st of January 2012. For further details on this system please log on to
4.3.The Purchaser may seek and retain a copy of identification or record and retain relevant details from documentary evidence given by any sub-contractor engaged on a relevant contract. This may take the form of a copy of a current driver’s license or passport or in the case of a company or partnership the identification may belong to a director or partner.
4.4.Save for clause 4.5 below, payment will be made at the rates Rental Rates.
4.5.Purchaser operate a core time 39-hour, 5-day week. Payment for time worked will only be made on the basis of the Purchaser’s time records of hours/days worked and not on the Contractor’s own time sheets. No allowance will be made for Church Holidays, Bank Holidays, Annual Holidays or other Holidays recognised by Purchaser.
4.6.Fuelling of plant is not permitted during working hours, and no payment is due for fuelling time.
4.7.The Contractor’s invoice shall show the following information:
4.7.1.The Contractors' name and address
4.7.2.The Contractors' VAT Registration Number
4.7.3.Invoice number and date
4.7.4.The Purchaser order number
4.7.5.The Request For Tender reference number from the Supplygov system
4.7.6.Product Name, Plant type, and product ID
4.7.7.Hours worked and Price
4.7.8.Litres of fuel consumed and fuel type for each Plant type contracted (set out as "Litres of [Fuel Type] consumed")
4.8.Prior to invoicing, the Purchaser may require Contractors to submit periodic (e.g. weekly or monthly) statements of materials/services provided during the period, for the purpose of certification.
4.9.A number of the Purchaser only pay via Electronic Fund Transfer and the remittance is sent to Contractor via email.
4.10.In addition to set-off rights at law, the Purchaser may deduct any amount claimed against the Contractor and may make any deduction on account of tax required by law or Revenue Commissioners practice.
4.11.In addition to the Rental Payment, the Purchaser must pay the Contractor (or the Revenue Commissioners according to law or their practice) any value-added tax on the supply under this contract.
5.OPERATORS
5.1.This clause 5 applies if the Appendix provides for the hire of Plant with an Operator.
5.2.The Contractor must employ sufficient Operators who are properly trained, skilled, experienced, and qualified for operating the Plant which they are to operate.
5.3.The Contractor must ensure that Operators operate Plant safely, competently, lawfully, and in compliance with the Contractor's obligations under this contract.
5.4.The Contractor must replace any Operator that the Purchaser instructs be removed on the basis of their negligence, incompetence, or noncompliance with this Contract or that their presence is not conducive to safety, health, or good order. The Contractor must remove an Operator when such an instruction is given and replace the Operator at the start of the next working day. The Contractor shall not employ that Operator for any further contract awarded under the DPS.
5.5.The Contractor must prominently exhibit the following sub-clauses of this clause for the information of Operators at their workplaces.
5.6.In this clause, worker means an Operator, but not the Contractor.
5.7.The Contractor must ensure that the rates of pay and the conditions of employment, including pension contributions, comply with all applicable law and that those rates and conditions are at least as favourable as those for the relevant category of worker in any employment agreements registered under the Industrial Relations Acts 1946 to 2015. This applies to workers who are posted workers (within the meaning of Directive 96/71/EC of the European Parliament and the Council of the 16 December 1996 concerning the posting of workers in the framework provision of services), except that the Contractor’s obligation to make pension contributions under registered employment agreements does not apply to posted workers who already contribute, or whose contributions are paid, to a supplementary pension scheme established in another member state of the European Union.
5.8.The Contractor must, and must ensure that the employers of all workers, do all of the following:
5.8.1.pay all wages and other money due to each worker
5.8.2.ensure that workers’ wages are paid in accordance with the Payment of Wages Act 1991 and are never more than 1 month in arrears or unpaid
5.8.3.pay all pension contributions and other amounts due to be paid on behalf of each worker
5.8.4.make all deductions from payments to workers required by law, and pay them on as required by law
5.8.5.keep proper records (including time sheets, wage books and copies of pay slips) showing the wages and other sums paid to and the time worked by each worker, deductions from each worker’s pay and their disposition, and pension and other contributions made in respect of each worker, and produce these records for inspection and copying by persons authorised by the Purchaser, whenever required by the Purchaser
5.8.6.produce other records relating to the rates of pay, deductions from pay, conditions of employment, rest periods and annual leave of workers for inspection and copying by persons authorised by the Purchaser, whenever required by the Purchaser
5.8.7.respect the right under law of workers to be members of trade unions
5.8.8.observe, in relation to the employment of workers on the site, the Safety, Health and Welfare at Work Act 2005, and all employment law including the Employment Equality Act 1998, the Industrial Relations Acts 1946 to 2015, the National Minimum Wage Act 2000 and regulations, codes of practice, legally binding determinations of the Labour Court and registered employment agreements under those laws.
5.9.If the Purchaser so requests, the Contractor must, within 5 working days after the request, give to the Purchaser a statement showing the amount of wages and other payments due at the date of the request to and in respect of each worker, or, in respect of workers, not employed by or otherwise working for the Contractor, ensure that their employer or the person for whom they are working does the same.
5.10.The Purchaser may seek information under the above provisions of this clause only for the purpose of ensuring the obligations described in this clause to workers have been properly discharged. All documents and records received under the above provisions of this clause will be returned to the person providing it or destroyed if the Purchaser is satisfied that the person providing the information has complied with legal obligations to workers.
5.11.If the Contractor has not complied with this clause 5, the Purchaser may (without limiting its other rights or remedies) estimate the amount that should have been paid to workers and contributions that should have been made on their behalf, and the Purchaser may withhold the estimated amount from any payment due to the Contractor, until the Purchaser is satisfied that the required amounts have been paid. If it has still not been paid by the time the Term has expired, the estimated amount is deducted from the sums payable.
5.12.The Contractor must give the Purchaser with each invoice a certificate that, for the period to which the statement relates, the Contractor has complied in full with this clause. Payment due for the period covered by the invoice will only be due if the certificate is given.
5.13.If the Contractor does not comply with this clause, it must pay to the Purchaser any costs the Purchaser incurs in investigating and dealing with the non-compliance.
5.14.The Contractor must ensure that in the event of an official of a trade union which is a party to a registered employment agreement affecting workers having concerns in relation to the Contractors or Operators’ compliance with the agreement, that official will have access to a designated member of the Contractor’s management who must engage constructively to resolve all matters on this point.
6.Insurance
6.1.The Contractor shall maintain in force during theTerm full and comprehensive insurance policies as set out in the Schedule.
6.2.Within 3 days of being requested to do so, the Contractor must give the Purchaser evidence that the insurances required under this contract are in effect, including by supplying copies of policies and evidence of payment of premiums.
6.3.If the Contractor fails to maintain any required insurance, the Purchaser may (without obligation, and without affecting its other rights) take out insurance and pay the premiums, and the Contractor must pay or allow the amount so paid on demand.
7.TERMINATION AND SUBSTITUTION
7.1.These terms and conditions may be terminated by any party pursuant to section 19 of the Schedule.Termination shall take effect on the date specified in the said section 19.1 of the Schedule and shall be without prejudice to any claims which either the Contractor or the Purchaser may have against the other under these terms and conditions. In the event of such termination pursuant to section 19 of the Schedule, the Contractor shall, subject to section 19.5 of the Schedule, be paid such reasonable costs as were accrued prior to the date of termination in respect of Services reasonably ordered and vouched to the satisfaction of the Purchaser but not completed.
7.2.These terms and conditions may be suspended by the Purchaser pursuant to section 19 of the Schedule.
8.Ethics in Public Office
The Contractor warrants to the Purchaser that neither the Contractor nor any person on the Contractor's behalf has committed any offence under the Prevention of Corruption Acts 1889 to 2010 or the Ethics in Public Office Acts 1995 and 2001 in connection with this Contract or the Works, and nor will they commit any such offence.
9.Governing Law
This contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Ireland.
10.LAW, JURISDICTION AND DisputeS
10.1.All disputes that arise between the Contractor and the Purchaser (each a “disputing party”) in connection with these terms and conditions or the subject matter of these terms and conditions shall be dealt with as follows:
10.1.1.In the first instance, the disputing parties shall submit the dispute to the personnel nominated specifically to participate in the escalation process in sub-clause 10.1.2 in the order set out therein.
10.1.2.Escalation Procedure: In the event of a dispute in relation to the interpretation or fulfilment of any of the provisions of these terms and conditions, the disputing parties shall, in accordance with sub-clause 10.1.1, submit the dispute to the following personnel:
(1)Purchaser Representative: As directed by the Purchaser's Chief Executive
(2)Contractor Representative:Director
10.1.3.If a dispute cannot be resolved pursuant to the escalation procedure set out at sub-clause 10.1.2 within a period of ten (10) days, either of the disputing parties may request that the matter is submitted to conciliation. If any such request is made, the matter will be submitted to conciliation by a conciliator to be appointed, in the absence of agreement between the disputing parties, by the President for the time being of the Law Society of Ireland (or in the event of his being unwilling or unable to do so by the next senior officer of the Society who is willing and able to make the appointment). The determination of such conciliator shall be final and binding on both disputing parties unless, within fourteen (14) days following the date of the determination, either party notifies the other in writing that it rejects the determination of the conciliator. Each disputing party shall bear its own costs in the conciliation and shall each pay half of the costs of the conciliator.
10.1.4.In the event that the conciliation procedure under sub-clause 10.1.3 fails to result in a satisfactory resolution of the dispute within thirty (30) days of the date of the notice to refer to conciliation (or such other longer period as is agreed between the disputing parties); or if either disputing party notifies the other in writing in accordance with sub-clause 10.1.3 that it rejects the determination of the conciliator; or if both disputing parties agree to submit the dispute directly to arbitration after the conclusion of the escalation process under sub-clause 10.1.2, either disputing party may submit the dispute to be decided at arbitration by an arbitrator agreed by the parties or, in default of agreement, appointed by the President for the time being of the Law Society of Ireland or in the event of his being unwilling or unable to do so by the next senior officer of the Law Society of Ireland who is willing and able to make the appointment provided always that these provisions shall apply also to the appointment (whether by agreement or otherwise) of any replacement arbitrator where the original arbitrator (or any replacement) has been removed by order of the High Court, or refuses to act, or is incapable of acting or dies.