Review of the Mid West Retail Strategy for the Administrative Areas of Limerick
City Council, Limerick County Council and Clare County Council and for the
Mid West Regional Authority
Request for Tenders Information Memorandum:
BRIEF FOR APPOINTMENT OF CONSULTANTS TO
REVIEW MID WEST RETAIL STRATEGY
October 2008
Mid West Regional Authority
Limerick
City Council
Limerick County
Council
Clare County
Council
Open Procedure
Administrative Officer
Planning & Economic Development
Limerick City Council
City Hall
Merchants Quay
Limerick
October 2008
Request for Tenders
1
October 2008
Review of the Mid West Retail Strategy for the Administrative Areas of Limerick
City Council, Limerick County Council and Clare County Council and for the
Mid West Regional Authority
INFORMATION MEMORANDUM
Table of Contents
1.0
Introduction
2.0
Specification of Requirements
3.0
Format of Tender
4.0
Examination and Evaluation of Tenders
5.0
Conditions of Appointment
6.0
General Conditions of Tender
Appendix:
A
Request for Tender Form
B DECLARATION (as per Article 45 of Directive 2004/18/EC)
Request for Tenders
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October 2008
Review of the Mid West Retail Strategy for the Administrative Areas of Limerick
City Council, Limerick County Council and Clare County Council and for the
Mid West Regional Authority
Review of Mid West Retail Strategy
1.0 Introduction
Limerick City Council as lead Local Authority wishes to advertise for the appointment of
consultants to undertake a review of the Mid West Retail Strategy for the Mid West
Regional Authority and the administrative areas of Limerick City Council, Limerick
County Council and Clare County Council. Tenders are invited from suitably qualified
and experienced consultants to undertake this review.
The current Mid-West Retail Strategy that is the subject of this review is for the period
2003 – 2011. The Strategy was prepared in accordance with the requirements of the
Retail Planning Guidelines for Planning Authorities (RPG). The review of the retail
strategy for the Mid-West Region will be for the period 2008-2016.
Background
The Mid West Region has experienced a significant increase in retail and allied
development throughout the region, but more particularly in the greater Limerick City
and its immediate hinterland. Significant increases in consumer activity, population
growth, investment opportunities in retail development, improved transport and
infrastructural links have had a significant effect on retail development throughout the
region. This has resulted in the pace and extent of such development far exceeding the
planned retail development envisaged for the region in terms of the joint retail strategy
adopted by the constituent Planning authorities of the region in February 2003. It is
considered essential therefore that the existing strategy should be reviewed as a matter of
urgency to identify the existing and future potential for the sustainable development of
retail offer in the region, in accordance with changing demographics, spatial development
and consumer and investor demands. In addition the strategy is required to incorporate
and take cognisance of the requirements of existing and new National and Regional
planning and development strategies including the National Retail Planning Guidelines
2000, Mid- West Regional Planning and Economic Development Guidelines 2004, NSS,
Limerick - Shannon Gateway designation, and the Hub policies for Ennis Town as they
affect the Mid West region and the Mid West Area Strategic Plan (MWASP).
Relevant documentary review
The following documents, including retail studies, retail strategies, Development and
Local Area plans are of interest to this study:
Limerick Corporation/Limerick County – Caherdavin, Castletroy, Dooradoyle Retail
Study 1983
Brady Shipman and Martin Retail Study 1998
DTZ Mid West Retail Planning Study and Report 2003- 2011
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October 2008
Review of the Mid West Retail Strategy for the Administrative Areas of Limerick
City Council, Limerick County Council and Clare County Council and for the
Mid West Regional Authority
Limerick City/ Limerick County and Clare County Development and Local Area Plans
Limerick and Clare County Retail Strategies
NSS 2002
Atlantic Corridor reports and publications, including Atlantic Gateway Perspective and
Draft Atlantic Gateway Corridor Frameworks
John Fitzgerald Report 2007
City Centre Strategy
Review of City Centre and Suburban Rents for Limerick City Council
Review Strategy
It is considered important in reviewing the Strategy that a plan-led approach, supported
by all the constituent Planning Authorities in the Mid West Region, should identify with,
and adopt a common approach to the sustainable development of future retail
opportunities in the region. There is a clear need to have clarity (on scale, type and
location) in the planning and development of retail opportunities in the region and
promote a greater plan led and co-ordinated approach to the future planning and
development of retail opportunities in the region.
In order to achieve this objective this study must review past development trends, update
the current quantum and range of retail offer in the region, and make recommendations
that any new developments are appropriate in scale, location and character so as to
promote the sustainable economic development and employment objectives identified in
the strategy.
Key Issues for the Review
DTZ Pieda Consulting was appointed in November 2001 to prepare a Mid West Retail
Strategy for the period 2001 – 2011. The Strategy was prepared in accordance with the
requirements of the Retail Planning Guidelines for Planning Authorities (RPG). For the
first time there were national policy guidelines and detailed baseline data to enable the
development of a Regional Retail Strategy.
The baseline review and assessment for the strategy was completed in May 2002 and
subsequently was reviewed to take into account, where possible, the results of the 2002
Census.
In the Strategy the consultants stated that “The Mid West Retail Strategy has been
founded on a sound basis of research, survey analysis and published statistics”.
Nonetheless the consultants recommended that a framework for regular monitoring and
review should be established and that this framework should include a review of the
Strategy after 3 years.
The key output of the current retail strategy is an indicative additional net floor space
requirement for the Mid West area and identification of the retail hierarchy within the
region.
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Review of the Mid West Retail Strategy for the Administrative Areas of Limerick
City Council, Limerick County Council and Clare County Council and for the
Mid West Regional Authority
Preliminary assessments indicate that:
·
·
·
·
Population per the 2006 census is below the consultant’s expectation;
Population per DOEHLG 2011 projections is below the consultant’s expectation;
Expenditure adjusted for inflation is below expectation;
Turnover per Sq M is more or less in line with expectation.
In addition to the above the study will in particular take into account the following issues
in the review of the existing retail strategy, namely:

Review of the existing retail strategy to prepare jointly, comprehensive retail
strategies and policies for Limerick City, Limerick County and Clare County in
accordance with “Retail Planning – Guidance for Planning Authorities, 2005” and
in particular addressing the matters set out at paragraph 36 (i-vi) of that document.
The final document shall be prepared to facilitate the three local authorities
incorporating the relevant policies into their respective Development Plans and
Local Area Plans.

Review the existing strategy in the light of new National, Regional and Local
Planning Policies and Guidelines as they affect retail development in the region.
Particular attention should be given to the development of the retail offer in the
designated Limerick / Shannon Gateway area. The role of Ennis as a “hub” and
the appropriate retail offer for it in the context of the Strategy should be
examined.

Address sustainability, social inclusion and urban regeneration issues including
both "Greenfield and Brownfield" development.

The functioning of the retail sector in existing main city/ town centres within the
region and their functional interrelationship with their hinterland areas should be
examined.

Undertake research into comparative retail strategies of similar size regions /
Cities / Towns and evaluate their relevance and potential effectiveness for
adoption in relation to the Metropolitan Area.

Review all relevant retail policies in EU, National, Regional and Local Area
Development / Local Area Plans and retail strategies for consistency of
application and compliance with Retail Planning guidelines. Make proposals for
the common implementation of the adopted strategy.

The Mid West Area Strategic Plan (MWASP) is presently under tender. It is not
expected to commence until September 2008 and will take 18 months to complete
although a short interim document is to be prepared within three to four months.
The purpose of the plan is to provide a framework for the integration of land use
and transport provision for the region into the future with a particular emphasis on
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October 2008
Review of the Mid West Retail Strategy for the Administrative Areas of Limerick
City Council, Limerick County Council and Clare County Council and for the
Mid West Regional Authority
the Limerick “metropolitan area”. This review should have regard to the interim
document.

In November 2006 John Fitzgerald was requested to lead an initiative aimed at
addressing social exclusion, crime and disorder issues in Limerick. His report was
submitted to cabinet and approved in March 2007. The Limerick Regeneration
Agencies, Southside and Northside were established in June 2007. Both agencies
are charged with the task of designing and implementing Master plans for the
areas of Moyross on the Northside, St. Mary’s Park in the City Centre and
Southhill/Ballinacurra Weston on the Southside. The success of regeneration is
dependant on support and goodwill from all Government Departments and local
agencies especially Local Authorities. The aims and objectives of Limerick
regeneration are 1) deal with the issue of criminality, 2) Economic and
infrastructural regeneration to create employment, unlock value, improve access
and create better commercial and housing mix, 3) develop coordinated responses
to social and educational problems in order to break the cycle of disadvantage.
The Agencies are currently preparing Master plans for each area. The review shall
have regard to the master plans and make recommendations to ensure that the
master plans are aligned with regional and local retail strategies.

Review any significant developments in retail / market trends since 2001
(including inter alia, growth of discount stores, retail warehousing including noncapped large-scale retail, home delivery, internet purchasing)
Key Outputs of the Review

Verify and update the existing DTZ retail survey information of 2003 for the
region. The current retail floor space (split into trading and extant permissions as
at 1 July 2008) should be quantified into (i) high order comparison, (ii) middle
order comparison, (iii) low order comparison, (iv) bulky comparison and retail
warehousing and (v) convenience. Each of (i) to (v) should then be quantified by
area in accordance with the current Mid West Retail Hierarchy as set out in table
5.1, page 50, of the current Strategy. The current retail floor space should also be
compared by category and area to the floor space in 2003.

Quantify the retail floor space which should be provided to meet future demands
in the period to 2016 into the following categories (i) high order comparison, (ii)
middle order comparison, (iii) low order comparison, (iv) bulky comparison and
retail warehousing and (v) convenience, using such local data (or proxy therefore)
as will satisfy the criteria laid down in the Ministerial Guidelines. Each of (i) to
(v) should then be quantified by area in accordance with the current Mid West
Retail Hierarchy as set out in table 5.1, page 50, of the current Strategy.

Review the performance of the retail hierarchy in the Mid West Region and in
particular examine the spatial distribution of new retail development in the period
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October 2008
Review of the Mid West Retail Strategy for the Administrative Areas of Limerick
City Council, Limerick County Council and Clare County Council and for the
Mid West Regional Authority
2002 to 2008 and its impact on the hierarchy. Any new strategy should confirm
the efficacy of the existing retail hierarchy, confirm the role of city/ town centers
and make recommendation if appropriate for the establishment of any new
regional, district, neighbourhood or local centers, or retail parks subject to the
robust estimate of demand for additional retail space and subject to the agreed
hierarchy in the Strategy.

Examine the relationship and performance of Limerick City, Shannon and Ennis
Town Centers and their environs. Assess current out of centre retail outlets and
their impact on town centre (include City Centre) and provide appropriate
recommendations

Prepare a comparison of retail rents in the metropolitan area in particular
comparing the City Centre rents to rents in the suburbs. Prepare a comparison of
retail rents in the City Centre of Dublin, Galway and Cork to the retail rents in the
suburbs of those cities. Compare the findings for Limerick City to Dublin,
Galway and Cork. Make conclusions on the information gathered with particular
reference to the agreed retail hierarchy (ie. the City Centre and Designated
Centres) and vitality and viability of the City Centre and advise of actions
necessary arising from the review of rents.

Prepare footfall surveys comparing the City Centre to Crescent Shopping Centre
and a minimum of two other suburban locations. Surveys should be conducted on
two separate Saturdays and twice on one other weekday and should cover at least
two time periods in the day (suggested time 11.30am to 12.30pm and 3.30pm to
4.30pm). Advise of any actions necessary as a result of footfall surveys and make
conclusions on the information gathered with particular reference to the agreed
retail hierarchy and vitality and viability of the City Centre.

Provide guidance and maps as to the location and extent of the boundaries of the
major core shopping centers in the region, but also including towns assessed in
the previous strategy in conjunction with the various definitions set down in the
Ministerial Guidelines Viz City Centre, Edge of Centre, Out of Centre and Out of
Town.

Make recommendations in respect of the application of common criteria for the
assessment of retail developments for common application by the constituent
authorities in conformity with the Ministerial Guidelines.

Submit recommendations for the variation of both the regional and local retail
strategies for the respective constituent planning authorities.

Make recommendations in respect of the ongoing monitoring and implementation
of the regional retail planning strategy adopted by the participating planning
authorities.
Request for Tenders
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October 2008
Review of the Mid West Retail Strategy for the Administrative Areas of Limerick
City Council, Limerick County Council and Clare County Council and for the
Mid West Regional Authority
1.1

Provide an assessment of how the Mid West Regional Retail Strategy 2003-2011
has met its aims and if it has not met its aims make recommendations on how the
aims could be achieved in the period 2008 to 2016.

Assess if the necessary mechanisms for achieving the right balance between
meeting needs and sustaining vital town centers are in place and if they are
effective. Where appropriate make recommendations for new mechanisms.

Assess if a policy is required to regulate the location of particular retailers / retail
type (e.g. large department store) in accordance with the retail hierarchy. Make
recommendations if appropriate.

Provide clear and unambiguous guidance and context so that each Planning
Authority can make consistent decisions on retail applications and also so that the
retail sector and developers can prepare proposals with a degree of certainty as to
the way in which any particular scheme will be judged.
Procurement Process
The competition is being conducted in accordance with the open procedure identified in
Directive 2004/18/EC.
1.2
Financial arrangements
Payment for services covered by this invitation to tender will be on foot of appropriate
invoices, which will be based on agreed deliverables. Invoicing arrangements will be
agreed with the successful service provider, following the award of contract.
1.3
Further information and query handling
Any and all queries should be submitted by e-mail or in writing only, not later than 4 p.m.
on Wednesday, 05th November 2008 addressed to:
Mary Hayes,
Administrative Officer,
Planning & Economic Development Section,
Limerick City Council,
City Hall,
Merchants Quay,
Limerick.
E-mail: economicdev@limerickcity.ie
Limerick City Council does not commit to issuing replies to all or any queries. The
Council retains absolute discretion as to, whether or when, replies may issue.
Request for Tenders
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October 2008
Review of the Mid West Retail Strategy for the Administrative Areas of Limerick
City Council, Limerick County Council and Clare County Council and for the
Mid West Regional Authority
Any reply issued in respect to a query received will issue to all applicants.
1.4
Timetable
The timetable in relation to this tender process is as follows:
Latest date and time for receipt of tenders 4 p.m. on Thursday, 6th November 2008
Award of contract – anticipated 05th December 2008
Contract commencement - anticipated 09th December 2008
This is Indicative only and may change.
1.5
Study Completion Period
This review is to be completed within 16 weeks from the date of appointment. The
consultant must be prepared to submit a draft of the review document within 14 weeks
from appointment. The appointed Consultants will therefore have to commit sufficient
resources to the project in order to complete the project in the time required.
2.
Specification of Requirements
2.1
Required elements
The required elements for the review of the Mid West Retail Strategy are set out under
Key Issues for the Review and Key Outputs of the Review as specified in this document.
2.2
Operational arrangements
The Consultant should liaise with a group comprising of the Mid West Directors of
Service Planning and Senior Planners on all aspects of the review. The Consultant shall
attend meetings of the group and any relevant follow up meetings on specific issues
arising from meetings. It is anticipated that the consultant will be required to attend in
Limerick for no more than six meetings of the group for the purpose of the review. It is a
matter for the consultant to propose their own methodology however regard should be
had to the proposal to meet this group.
The consultants will be required to liaise with all relevant bodies participating in this
review.
The consultants shall maintain detailed records of all meetings and consultations for
future reference.
All the drafts/documents prepared by the appointed consultants shall be submitted to the
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October 2008
Review of the Mid West Retail Strategy for the Administrative Areas of Limerick
City Council, Limerick County Council and Clare County Council and for the
Mid West Regional Authority
Planning and Economic Development Department in both digital form (file formats to be
agreed) and hard copy (number of hard copies to be decided according to circumstances).
Limerick City Council will be responsible for the printing of all draft/final documents to
be put on public display/published in their final version.
All documents prepared by the consultant on foot of this appointment and submitted to
the Contracting Authority will be considered the property of the Contracting Authority
and may be used by the Contracting Authority at any time, including for other projects,
without prior approval of the Consultant appointed.
The tenderer shall nominate a person within their team who will take full charge of the
delivery of the service. The nominee shall be from the lead consultancy (where an
applicant comprises more than one legal entity) and shall be either the Principal of the
firm or a Director. That person shall, should the applicant be awarded the contract, take
responsibility and be available for all communications with Limerick City Council in
respect of this brief.
3.
Format of Tender
Tenders must address all the requirements set down in the format of tender and must be
in the format requested in subsections 3.1, 3.2 and 3.3 below. Only the first 60 pages
of any tender submission will be taken into account, any further pages beyond the first 60
pages will not be read and will be disregarded for the purposes of this competition. It is
the responsibility of the applicant to ensure that all matters are responded to, addressed
fully, comprehensively and without ambiguity and contradiction.
Limerick City Council reserves the right to reject any tenders that do not meet the
required format.
3.1
Information to be supplied
A.
Name, address, telephone number, e-mail address and fax number of tenderer.
B.
Name, address, telephone number and e-mail address of any third parties, subconsultants involved in tender.
C.
Confirmation of acceptance by the tenderer and any third parties of the conditions
of tender described in Section 5 & 6 of the invitation to tender.
D.
Team structure – names, qualifications and professional experience of team
members, management and technical support.
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October 2008
Review of the Mid West Retail Strategy for the Administrative Areas of Limerick
City Council, Limerick County Council and Clare County Council and for the
Mid West Regional Authority
E.
The staff who will be assigned to this project shown by level of seniority and
details of the expected hours that each will contribute to the project. Please
include educational and professional qualifications of the persons involved and
details of their particular experience relevant to the brief.
F.
Portfolio of previous work, describing in a clear and concise way previous
experience which would render the candidate suitable for the project – 3 recent
projects to be provided of a similar scale and complexity.
G.
Demonstration of capacity to undertake and complete the project during the
required timeframe, with specific references to similar projects together with
names of referees that can testify.
H.
Details of availability to commence the project.
I.
A method statement for the preparation of the review of the Mid West Retail
Strategy. This should include clearly defined milestones within the timeframe
outlined in this brief and dates for the completion of the key outputs outlined in
this brief (refer to subsection 3.2 below).
J.
A brief well written tender that clearly illustrates an understanding of the project
from conception through to the work programme and deliverables
K.
A total price (excl. VAT), inclusive of all the costs incurred in the successful
delivery of the project. Price to include consultants calculation of amount for
expenses which shall be indicated. Contract is a fixed price contract and no
payments can issue over and above the price tendered. Tenderers shall therefore
satisfy themselves of the adequacy and correctness of their tender.
L.
A breakdown of the total price under suitable headings (e.g. staff, travel, meetings
etc).
M.
Statement of overall turnover in respect of the most recent three years for which
financial data is available. Should such data be based on years other than 2005
2006 and 2007 the applicant must explain adequately and in full. The statement of
overall turnover above shall be supported by extracts from the applicant’s
accounts, which must be supported by an auditors report. The minimum
requirement is an annual turnover of at least € 100,000 (exclusive of V.A.T.) in
respect of Planning and/or Retail Consultancy services in the preceding three
years.
N.
Original and current (issued within three months of publication of Contract Notice
for this competition) reference letter from applicant’s bankers.
O.
Evidence of relevant insurances including Employers and Professional Indemnity
Insurance and compliance with tax clearing procedures.
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October 2008
Review of the Mid West Retail Strategy for the Administrative Areas of Limerick
City Council, Limerick County Council and Clare County Council and for the
Mid West Regional Authority
P.
Evidence of current Health & Safety statement.
Q.
Completion (including signing) of Request for Tender Form (Appendix A).
R.
Completion and signing of the declaration under article 45 of 2004/18/EC
(Appendix B).
3.2
Proposed methodology
The proposed methodology shall include a textual response on a point by point basis
outlining how the requirements specified in Section 2 will be met.
As part of the proposed methodology, the candidates shall submit a timetable outlining
the various project stages.
3.3
Fee proposal
The consultant is required to quote a fixed price (exclude VAT) for the project in euro(€)
which shall be fully inclusive of all costs such as printing (Limerick City Council will be
responsible for printing all draft/final documents to be put on public display/published in
their final version therefore these costs should be excluded from any printing costs),
overheads and all other costs incurred in successfully delivering the brief. A breakdown
of the tender sum under suitable costs headings (e.g. staff, travel, printing (excluding
draft/final documents), outlays etc.) should be provided. All aspects of the tender sum
calculation should be obvious, transparent and accounted for.
It is anticipated that the fee will be in the region of 50,000 Euro.
3.4
Contract
A contract will be concluded with the tenderer whose tender is deemed to be the most
economically advantageous. [The contract will not be concluded / take effect until 14
days after unsuccessful tenderers have been notified of the result of this tendering
procedure]
Please note that Limerick City Council may cancel the tender process at any time prior to
entering into a contract.
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October 2008
Review of the Mid West Retail Strategy for the Administrative Areas of Limerick
City Council, Limerick County Council and Clare County Council and for the
Mid West Regional Authority
4.
Examination and Evaluation of Tenders
4.1
Initial examination
4.1.1 Minimum qualification criteria
Tenders will initially be assessed in accordance with the following criteria:
Criteria
Rule/Minimum level
Bankers Reference
Evidence of overall turnover – 3 years
Must be provided
Must demonstrate turnover of €100,000
p.a. (exclusive of V.A.T.)
Must provide evidence of insurances in
place
Must provide details of organisation
structure, etc.
Must provide satisfactory experience of at
least three recent projects/contracts of a
similar scale and complexity
Declaration to be completed
Current Health & Safety statement
Evidence of Insurances
Details of organisation including
manpower levels, skills base, etc.
Portfolio of previous experience Details of 3 Projects
Declaration – as per Appendix B
Health & Safety
Only those tenderers who have fully satisfied the minimum qualification criteria will be
admitted for consideration under the award criteria.
Failure to comply with the above requirements will result in the tender not being
qualified for detailed evaluation.
4.2
Award Criteria
The contract will be awarded to the most economically advantageous tender of those
meeting the specifications set out in Section 2, and not otherwise validly excluded, on the
basis of the following award criteria (scored from 100 marks, weighted as indicated):


Experience and relevant projects undertaken by the candidate during the past
three years – 30 marks
Proposed methodology, including the timetable demonstrating the capacity to
complete the project within the review timeframe and quality of detailed
submission – 30 marks
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Review of the Mid West Retail Strategy for the Administrative Areas of Limerick
City Council, Limerick County Council and Clare County Council and for the
Mid West Regional Authority


Qualifications, expertise and skills of personnel assigned to the project – 20 marks
Fee proposal – 20 marks
Limerick City Council may shortlist qualifying applicants on the basis of submissions
and may arrange subsequent interviews prior to offering the commission.
5.
Conditions of Appointment
5.1
Conflict of interest
Any conflict of interest or potential conflict of interest must be fully disclosed to the
contracting authority in making the submission. Any registerable interest involving the
Consultancy with the Elected Members, of the three participating Local Authorities in the
project, the Minister for the Environment, Heritage and Local Government, SFADCO or
their relatives, must be fully disclosed in making the firms’ submission or, in the event of
this information only coming to the firms notice after the submission of a proposal, and
prior to the award of contract, should be communicated to the contracting Authority
immediately on such information becoming known. The terms ‘registerable interest’ shall
be interpreted as per Section 2 of the Ethics in Public Office act, 1994.
5.2
Confidentiality
The Freedom of Information Act 1997 (F.O.I.) came into operation for Local Authorities
in Ireland on 21st October 1998. If any applicant considers that any information supplied
by him/her is either commercially sensitive or confidential in nature this should be
highlighted and the reasons for its sensitivity specified. In such cases the relevant
material will, in response to F.O.I. requests, be examined in the light of the exemptions
provided for under the F.O.I. Act.
5.3
Professional Indemnity Insurance
The Consultant will be required to indemnify and keep indemnified all parties to this
Agreement or their representatives against all claims, demands, proceedings, costs and
expenses made against the consortium arising from or out of the performance by the
Consultant in their duties under the Brief.
5.4
Terms of Appointment
The appointment shall be for the duration of the preparation, and submission of this
project. Where a consortium submits a proposal, a lead consultant must be nominated
who shall be fully responsible for providing the services required by this brief. This brief
together with the letter of appointment and Manager’s Order shall constitute a binding
contract between the Contracting Authority and the Consultant who is appointed.
The appointment shall be for the services described in this brief only and the Contracting
Authority reserves the right to engage other consultants for additional services in
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Review of the Mid West Retail Strategy for the Administrative Areas of Limerick
City Council, Limerick County Council and Clare County Council and for the
Mid West Regional Authority
connection with the Project(s) if it so wishes. All sums due to the Consultant on foot of
this appointment shall be paid in accordance with the Prompt Payment of Accounts Act
and any revisions or amendments thereof.
5.5
Ownership of Document and Copyright
All documents prepared by the consultant on foot of this appointment and submitted to
the Contracting Authority will be considered the property of the Contracting Authority
and may be used by the Contracting Authority at any time, including for other projects,
without prior approval of the Consultant appointed.
5.6
Termination of Appointment
The Contracting Authority shall be entitled to terminate the appointment at any time
without notice subject only to full payment being made for services performed up to the
date of termination.
5.7
Dispute Resolution
In the event of any dispute arising with regard to this services contract which the parties
fail to settle, the dispute shall firstly be referred to Conciliation for resolution. Should a
settlement not be reached at Conciliation, the dispute shall be referred to arbitration.
Should the parties fail to agree on an Arbitrator, the President for the time being of the
Institute of Arbitrators shall be requested to nominate an Arbitrator.
5.8
Tax Clearance Certificate and Withholding Tax
It is a condition for the award of this contract that the consultant selected and all proposed
sub-consultants must be able to produce a valid Tax Clearance of C2 certificate. The
firm to whom the contract is awarded and all sub-consultants shall continue to hold valid
certificates for the duration of the contract (see additional note at 6.8).
6.
General Conditions of Tender
The competition language is English and if another language is used a full English
translation shall be included with the submission. Tenders are subject to the following:
6.1
In the event of any discrepancy and/or inconsistency between this document and
the contract notice, this document shall have precedence.
6.2
This Request for Tender shall form part of the contract documents.
6.3
Tenderers should be aware that national legislation applies in other matters such
as Official Secrets, Data Protection and Health and Safety.
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Review of the Mid West Retail Strategy for the Administrative Areas of Limerick
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Mid West Regional Authority
6.4
Tenderers must have regard to statutory terms relating to minimum pay and to
legally binding industrial or sectoral agreements in preparing tenders.
6.5
Information supplied by tenderers will be treated as contractually binding.
6. 6
Before a contract is awarded, the successful tenderer (and agent, where
appropriate) will be required to promptly produce a Tax Clearance Certificate, or
in the case of a non-resident tenderer, a statement from the Revenue
Commissioners confirming suitability on tax grounds. Non-residents should
contact the Office of the Revenue Commissioners, Revenue Residence Section,
Government Offices, Nenagh Co. Tipperary. In addition, contractors must retain
records of tax reference numbers for any subcontractors where payments exceed
€650 (incl. VAT).
Tenderers should note that the provisions of Department of Finance Circular
43/2006 apply and Limerick City Council will require sight of Tax Clearance
Certificates for any subcontractor where payments exceed €2,600. Forms are
attainable from the following address: Office of the Revenue Commissioners,
Sarsfield House, Limerick.
Where a Tax Clearance Certificate expires within the course of the contract,
Limerick City Council will require a renewed certificate. All payments under the
contract will be conditional on the contractor(s) being in possession of a valid
certificate at all times.
6.7
In the event of a group of respondents jointly submitting an acceptable offer, the
contract will be awarded by Limerick City Council to one contractor who acts as
the nominated lead contractor. The lead 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 contractor.
(a) The successful tenderer shall be responsible for the delivery of all services
provided for within the contract on the basis of a fixed price agreement set at the
beginning of the contract. Prices quoted in the tender cannot be increased during
the currency of the tender. Similarly, terms and conditions cannot be altered.
(b) Limerick City Council retains the right to withhold payment where a
contractor has failed to meet his/her contractual obligations in relation to the
delivery of services to an acceptable level of quality.
(c) Where a tender is submitted by a group of separate legal entities, it will be
required that each has joint and several liability for the provision of the service.
6.8
Limerick City Council will not be liable in respect of any costs incurred by
tenderers in the preparation of tenders or any associated work effort.
Request for Tenders
16
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Review of the Mid West Retail Strategy for the Administrative Areas of Limerick
City Council, Limerick County Council and Clare County Council and for the
Mid West Regional Authority
6.9
Responses to this RFT will be evaluated in their own right. No recognition will be
given to information previously submitted.
6.10
Limerick City Council is not bound to accept the lowest or any tender submitted.
Limerick City Council reserves the right to terminate this competition at any time
and to procure these Services by alternative means other than by means of this
competition.
6.11
If a Tender fails to comply in any respect with the requirements set out or is
ambiguous Limerick City Council reserves the right at its absolute discretion (but
will not be obliged):
(a) To reject the relevant Tender as non-compliant.
(b) Without prejudice to the Council’s right to reject the Tender, to seek
clarification from the candidate in respect of the relevant Tender.
(c) Without prejudice to the Council’s right to reject the Tender, to amend the
relevant requirement and invite the other candidates to adjust their
respective Tender on the basis of such revised requirement.
6.12
Tenders must be completed in accordance with the format specified herein.
Incomplete tenders will not be evaluated.
6.13
Four (4) copies of the tender in a sealed envelope, marked “Tender for Review of
The Mid-West Retail Strategy 2003 – 2011” and addressed to:
Senior Executive Officer,
Corporate Services Department,
Limerick City Council,
City Hall,
Merchants Quay,
Limerick.
should be delivered to the above address not later than 4 p.m. on Thursday, 06th
November 2008.
No tenders will be accepted after the time stated above or such later date as may be
notified in writing. The sole responsibility for the safe and timely delivery of
submissions rests with the applicants.
Faxed or emailed submissions will not be accepted in any circumstances.
Request for Tenders
APPENDIX A
17
October 2008
Review of the Mid West Retail Strategy for the Administrative Areas of Limerick
City Council, Limerick County Council and Clare County Council and for the
Mid West Regional Authority
REQUESTS FOR TENDER FORM
LIMERICK CITY COUNCIL
(The Contracting Authority)
TENDER FOR CONSULTANCY SERVICES FOR APPOINTMENT OF
CONSULTANTS TO REVIEW MID WEST RETAIL STRATEGY
I/We the undersigned have examined and understand the Request for Tenders for the
engagement of consultants for the review of the Mid West Retail Strategy and the Works
Requirements for the above contract. I/We do hereby propose to execute the service and
do all work incidental and necessary and as is in the interest of Limerick City Council
and in accordance with the requirements of the documents relating to and or forming part
of this tender process for the fixed price lump sum fee (excl. of VAT) of:
Amount
in Words
……………………………………………………….Euro...………..
€………………………………………………………………………
AND do hereby agree should this Tender be accepted to observe and be
bound by the said Terms and Conditions
1.
This Tender is open for acceptance by you for a period of 60 calendar days from the
latest date for receipt of Tender submissions and it shall remain binding upon us and
may be accepted by you at any time before the expiration of that period or such other
period as may be agreed with us.
2.
We acknowledge that a binding contract between us shall not take place unless and
until we have received written acceptance by you of our offer and the Form of
Agreement has been duly executed by you.
3.
We understand that you are not bound to accept the lowest or any tender you may
receive.
Dated this ……………day of……………….200…
Signature..……………………………………………………………..
(duly authorised to sign tenders)
Name in Block Capitals……………………………………………….
On behalf of……..……..….…………………………………………..
(Company Name in Full)
Postal Address…………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
Request for Tenders
18
October 2008
Review of the Mid West Retail Strategy for the Administrative Areas of Limerick
City Council, Limerick County Council and Clare County Council and for the
Mid West Regional Authority
COMPANY NAME
…………………………………………………………………..
ADDRESS
…………………………………………………………………..
…………………………………………………………………..
…………………………………………………………………..
…………………………………………………………………..
CONTRACT
REVIEW OF MID WEST RETAIL STRATEGY
FEES & EXPENSES
Fixed Price Lump Sum Fee
€………………..
VAT @ 21%
€………………..
Expenses (excl. of VAT)
(To provide for all disbursements howsoever arising
€………………..
e.g. printing (excluding draft/final documents) , reproduction of documents,
drawings, maps, travelling, subsistence, accommodation etc.)
…………………………………………………………………..
Request for Tenders
19
October 2008
Review of the Mid West Retail Strategy for the Administrative Areas of Limerick
City Council, Limerick County Council and Clare County Council and for the
Mid West Regional Authority
APPENDIX B
DECLARATION (as per Article 45 of Directive 2004/18/EC)
THIS DECLARATION, DULY COMPLETED, MUST BE SUBMITTED BY ALL
APPLICANTS
Name of Applicant:
____________________________________________
Address:
____________________________________________
____________________________________________
____________________________________________
Country:
____________________________________________
Please tick Yes or No as appropriate to the following statements relating to the current status of your
organisation.
1.
The Applicant is bankrupt or is being wound up or its affairs are being administered by the court
or has entered into an arrangement with creditors or has suspended business activities or is in any
analogous situation arising from a similar procedure under national laws and regulations.
Yes [ ]
2.
No [ ]
The Applicant is the subject of proceedings for a declaration of bankruptcy, for an order for
compulsory winding up or administration by the court or for an arrangement with creditors or of
any other similar proceedings under national laws and regulations.
Yes [ ]
3.
No [ ]
The Applicant, a Director or Partner, has been convicted of an offence concerning his professional
conduct by a judgement which has the force of res judicata or been guilty of grave professional
misconduct in the course of their business.
Yes [ ]
4.
No [ ]
The Applicant has not fulfilled its obligations relating to the payment of taxes or social security
contributions in Ireland or any other State in which the Applicant is located.
Yes [ ]
5.
No [ ]
The Applicant, a Director or Partner has been found guilty of fraud.
Yes [ ]
Request for Tenders
No [ ]
20
October 2008
Review of the Mid West Retail Strategy for the Administrative Areas of Limerick
City Council, Limerick County Council and Clare County Council and for the
Mid West Regional Authority
6.
The Applicant, a Director or Partner has been found guilty of money laundering.
Yes [ ]
7.
No [ ]
The Applicant, a Director or Partner has been found guilty of corruption.
Yes [ ]
8.
No [ ]
The Applicant, a Director or Partner has been convicted of being a member of a criminal
organisation.
Yes [ ]
9.
No [ ]
The Applicant has been guilty of serious misrepresentation in providing information to a public
buying agency.
Yes [ ]
10.
No [ ]
The Applicant has contrived to misrepresent its Health and Safety Information, Quality Assurance
information, or any other information relevant to this application.
Yes [ ]
No [ ]
THIS FORM MUST BE COMPLETED AND SIGNED BY A DULY AUTHORISED OFFICER OF THE
APPLICANT’S ORGANISATION.
I certify that the information provided above is accurate and complete to the best of my knowledge and
belief. I understand that the provision of inaccurate or misleading information in this declaration may lead
to my organisation being excluded from participation in this and future tenders.
SIGNATURE
_________________________
DATE: __________________
NAME
_________________________
TEL:
__________________
POSITION
_________________________
FAX:
__________________
Applicants may be required to provide documentary proof in the forms set out in
Article 45 of Directive 2004/18/EC
Request for Tenders
21
October 2008