Common use of General specification Clause in Contracts

General specification. General This specification is compiled for the purposes of the Contract. The technical requirements set out in this Schedule 1 (General Specification) are non-specific and apply to Lot 1, Lot 2, and Lot 3 Contracts unless stated otherwise. All Services shall be in compliance with the technical standards as detailed and any further technical requirements as set out in the Requests for Tenders. The categories of Plant including a breakdown of plant types that are part of this Contract are listed in Schedule 4. Insurances No Plant will be hired unless satisfactory evidence of insurance is submitted by the Insurance Broker/Company for the Contractor or the Contractor, prior to commencement of the services. Where the insurance policy in question is due to expire prior to the end of the Term, it shall be the responsibility of the Contractor to ensure that, in advance of the expiration date, said policy is renewed, that the Purchaser are so informed. The following insurances are required to be in place and maintained in force for the Term: Insured to a value not less than its full replacement value comprehensively against all usual risks of loss, damage or destruction by fire, theft or accident €6,500,000 for any one event Maximum Excess: €6,500 The €6,500,000 limit is for any one event. The limit of indemnity under the Public Liability Insurance must be for the full policy limit of €6,500,000. No inner limit reduction is permissible. The maximum permissible excess shall be set out in the Contract or, if no figure is provided, €6,500. The successful Contractor will be required to include the Purchaser as joint insured and must include a non-vitiation clause. Public Liability Insurance must specifically be extended to include all motorised vehicles to which the Road Traffic Acts do not apply (such as rollers, pavers, off site vehicles, etc.,). Alternatively, such vehicles should be scheduled (by Registration or VIN) in the Motor Policy. €6,500,000 for any one event Maximum Excess: €6,500 Insurances must specifically cover the supply of Plant and Operator. €13,000,000 for any one event Maximum Excess: €6,500 Insurances must also cover the Contractor’s role as Project Supervisor for the Construction Stage (PSCS), as applicable. Employers Liability Insurance will be required where the item of Plant to be hired is to be operated by anyone other than the registered owner of the Plant (the 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 of the Contractor even if a relation to/of the Owner. The Employers Liability Insurance shall comply with the following requirements -: Cover must apply to all employees of the Contractor engaged on the Contract The liability for death or injury to employees must be covered on an unlimited basis The cover must indemnify the Purchaser as principal and must include a non-vitiation clause Cover must be extended to cover the Contractor in respect of liability assumed by him under the Contract, i.e. the description of the insured's business must be unambiguous The Contractor shall be liable for and shall indemnify the Purchaser for and in respect of all and any losses, claims, demands, damages or expenses that the Purchaser may suffer due to and arising directly as a result of the negligence, act or omission, breach of contract, breach of duty, willful default or fraud of the Contractor, its employees, sub-contractors or agents, or any of them. Specific indemnity to the 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 that is hired without Operator, the Purchaser 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. When quoting for the hire and employment of agricultural tractors, trailers and hedge cutters, the Contractors 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. The Purchaser will not be responsible for any cost incurred by the Contractor for putting in place the required insurances. For Lot 3, Insurances must also cover the Contractor’s role as Project Supervisor for the Construction Stage (PSCS). Each insurance policy must provide that the term 'insured' applies to each insured person as if a separate policy had been issued to each (without increasing the overall level of indemnity) and non-compliance by an insured does not affect the rights of any insured person, and that the insurer waives all rights of subrogation or other action against each insured and indemnified person. The Contractor must ensure that its insurances cover the acts and omissions of subcontractors, and that subcontractors maintain employer's liability insurance in the same terms as required of the Contractor. The insurance policies must cover work of a commercial nature and not be limited to agricultural or forestry use. If the Purchaser or Contractor becomes aware of any loss of or damage to Plant or any accident involving Plant during the Rental Period, it must notify the other as soon as possible.