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DPTI 2011/16975/01

INVITATION

THE PROVISION OF RUST RECTIFICATION SERVICES FOR ADELAIDE METRO BUSES

(PANEL AGREEMENT)

CONTACT FOR FURTHER INFORMATION

Tender enquiries are to be directed to:Mr Livio PenninoTelephone: (08) 7424 7993 Mobile: 0401 124 203Fax: (08) 7424 7999E-mail: [email protected]

If the above person is unavailable, the enquiry may be directed to:Mr Alan CastreeTelephone: (08) 7109 8024 Mobile: 0401 124 050Fax: (08) 8343 2747E-mail: [email protected]

APPLICATIONS MAY BE EITHER:

Posted to GPO Box 1533, ADELAIDE SA 5001;Delivered to 77 Grenfell Street, ADELAIDE SA 5000; orEmailed to [email protected]: If submitting via email, please phone (08) 8343 2029 to confirm receipt. Also, it may be necessary to split the application into several emails to keep it to an acceptable size.

mailto:[email protected]



Invitation and Contents

INVITATION

On behalf of the Minister for Transport Services (“Principal”), the Department of Planning, Transport and Infrastructure (“DPTI”) invites companies (“Tenderer”) to submit tenders for the provision of services for Rust Rectification of Adelaide Metro Buses described in the attached Statement of Requirements

CONTENTS

Introduction

Conditions of Tendering including:

Annexure A: Tender Submission.

Annexure B: Assessment of Tenders.

Annexure C: Supplementary Information for Tenderers.

Schedule of Contract Documents

Statement of Requirements

Appendices

Appendix 1: Approved Materials List

Appendix 2: Work Outside the Panel Agreement

Appendix 3: Work Brief for Corporate Colours on All White Buses

Appendix 4: Work Brief for Corporate Colours on Non-White Buses

Appendix 5: Minimum Work Associated with Rust Rectification and Refurbishment of MAN NL202 Bus Floors

Appendix 6: Bus Inspection Form, MAN NL202 Buses

Appendix 7: Bus Inspection Form, MAN SL202 Buses

Appendix 8: Bus Inspection Form, MAN MIDI HOCL Buses

Appendix 9: Customer Information Standards – 2012

Appendix 10: Proposed Bus Body Rectification Work by DPTI – 2012/2017

Appendix 11: Locations of Principal Owned Buses

DPTI General Conditions of Contract: Panel Agreement - Services

Tender Form

Schedules

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DPTI Rust Rectification for Public Buses (Panel Agreement) Revision 0

Introduction

INTRODUCTION

The Department of Planning, Transport and Infrastructure (DPTI) invites tenders from suitably qualified organisations for inclusion in a Panel for Provision of Rust Rectification Services for the Adelaide Metro Buses. The services required consist of rust rectification and repairs to structural components of the chassis and body, refurbishment and painting of buses owned by the Principal. It is intended to appoint a panel of contractors for a term of 5 years.

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DPTI Rust Rectification for Public Buses (Panel Agreement) Page 1Revision 0

Edition: March 2012 Conditions for Submission of an Application

CONDITIONS FOR SUBMISSION OF AN APPLICATIONFOR A PANEL CONTRACT

CT 1 INVITATION DOCUMENTS

These Invitation Documents comprise of the documents listed in the contents page. The Principal may amend the Invitation Documents at any time.

Any DPTI publications referred to in these documents are available from the internet at: http://www.transport.sa.gov.au or http://www.dtei.sa.gov.au/dtei_contractor_documents.

CT 2 APPLICANT’S WARRANTIES AND OBLIGATIONS

These Conditions of Submission prescribe the rules for the conduct of the application process. By submitting an application, an Applicant agrees to comply with, and be bound by, the rules contained within these Conditions of Submission.

Except for any express statement contained in these Invitation Documents, the Applicant warrants that in lodging its application it did not rely on any express or implied statement, warranty or representation, whether oral, written, or otherwise made by or on behalf of the Principal, its officers, employees, agents or advisers. An Applicant cannot rely upon any document designated as “For Information Only”.

This invitation is not an offer and these Conditions of Submission will not form part of any Contract.

Prior to submitting an application, an Applicant is deemed to have:

a) examined all written documentation made available by the Principal to the Applicants for the purpose submitting an Application; and

b) examined all information relevant to the risks, contingencies and other circumstances having an effect on the application and obtainable by the making of reasonable enquiries.

CT 3 ENQUIRIES

Enquiries are to be directed to the Contact Officer(s) nominated on the cover sheet of this Invitation document. Applicants cannot rely on communication with any other person(s) with regard to the application process.

It is the responsibility of the Applicant to request any clarifications or additional information arising from analysis of these Invitation Documents. The DPTI Contact Officer may stipulate that any request for clarification or additional information arising from analysis of this document be forwarded in writing.

CT 4 CODE OF CONDUCT

Applicants, their employees and agents shall:

a) at all times act with integrity;

b) declare any actual or potential conflict of interest;

c) not seek to employ or engage the services of any person who has a duty to the Principal as an adviser, consultant or employee in relation to this process;

d) not collude or enter into any agreement with any other Applicant concerning the preparation of its application, pay any amount to an unsuccessful Applicant or seek to obtain knowledge of the price of any other application;

e) not attempt to influence the outcome of this process by offering gifts, employment or other benefits to SA Government employees or persons engaged by the Principal and others who are in a position to influence the award of the contract;


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f) not attempt to seek confidential information in respect of this application process from the SA Government employees and others who have access to confidential information; and

g) not make any news releases or responses to media enquiries and questions pertaining to this application process without the Principal’s written approval.

CT 5 SUBMISSION OF APPLICATIONS

The Applicant’s submission must comply with the following:

a) the submission shall be lodged in accordance with the requirements stated on the cover sheet of this Invitation document;

b) all documents and schedules listed in CT Annexure A shall be included in the submission; and

c) hard copy documents shall be sealed in an envelope or package, marked confidential and clearly identified as a submission for this Panel Contract.

The Applicant’s submission shall become the property of the Principal.

CT 6 COSTS OF APPLICATION PREPARATION

Applicants bear all costs that they incur in the application process, which includes any subsequent contract negotiation phase prior to the award of a contract.

CT 7 NON-CONFORMING OR ALTERNATIVE APPLICATIONS

A conforming application must address every matter and comply with every requirement specified in these Invitation Documents. An incomplete application or an application which does not comply with every requirement specified in these Invitation Documents will be deemed to be a non-conforming application. At the absolute discretion of the Principal, a non-conforming application may be rejected.

CT 8 APPLICATION ASSESSMENT AND NEGOTIATION

Applications will be assessed in accordance with DPTI evaluation procedures and the criteria listed in CT Annexure B "Assessment of Applications".

At any time prior to award of a contract, the Principal reserves the right to:

a) seek clarification of any aspect of a application;

b) seek the advice and / or assistance of external consultants regarding the assessment of applications; and

c) make enquiries of any person, company or organisation to ascertain information regarding any Applicant and its application.

If requested by the Principal, selected Applicant(s) must provide additional written information regarding their application or attend an interview.

CT 9 REPRESENTATIONS

No representation made by or on behalf of the Principal in relation to these Invitation Documents (or its subject matter) will be binding on the Principal unless that representation is expressly incorporated into the contract ultimately entered into between the Principal and a successful Applicant.

CT 10 CONFIDENTIAL INFORMATION AND DISCLOSURE OF CONTRACT

The Principal will treat applications (including information submitted at the request of the Principal after the date of close of applications) as confidential and will not disclose application contents, except:

a) as required by law;

b) to the Principal’s agents and advisors for the sole purpose of application evaluation;



c) to the Australian Competition and Consumer Commission (or other government authority having relevant jurisdiction) if the Principal reasonably suspects that there is cartel conduct in relation to this application process; and

d) where an Applicant is successful, in accordance with Premier and Cabinet Circular 27 (PCO27) on the South Australian Government’s Contracts website http://www.tenders.sa.gov.au

The Applicant agrees to comply with PCO27, a copy of which is available from http://www.premcab.sa.gov.au/dpc/publications_circulars.html

The Applicant agrees that unless indicated otherwise, all information provided by the Principal to the Applicant after the date of close of applications is confidential and the Applicant shall undertake to maintain such information as confidential.

CT 11 APPLICATION VALIDITY PERIOD

The Applicant warrants that it will maintain the validity of its application for a period of 90 days from date of submission of application.

CT 12 ACCEPTANCE OF APPLICATION

The Applicant agrees and acknowledges that the Principal is under no obligation to accept the lowest or any application received. In its absolute discretion, the Principal may reject any application at any time or abandon this application process.

Nothing in these Invitation Documents or any subsequent application assessment or negotiation process is to be construed as creating a binding contract (express or implied) between the Principal and any Applicant. No legal relationship will exist between the Principal and any Applicant unless and until the Principal has delivered (either by post, courier, hand delivery or facsimile) a written notice of acceptance of application to the successful Applicant at the address stated on the application form.

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CS Annexures

CS ANNEXURE A

APPLICATION DETAILS

APPLICANTS MUST INCLUDE THE FOLLOWING IN THE SUBMISSION:Application Form

Schedule Checklist

The following Schedules:

1. Schedule of Rates.

2. Certificate of Currency of Public Liability Insurance.

3. Certificate of Currency of Professional Indemnity Insurance.

4. Statement of company experience relevant to this tender including its structure and facility location.

5. Details of relevant experience, including examples of similar work undertaken (vehicle types) and referees.

6. Company personnel including:

6.1. details of the person responsible for the contract including contact details.

6.2. details of key personnel engaged in the repair of the Principal’s vehicles, i.e competency in operating equipment, trade certificates etc.

7. Provide a list including a detailed description of the equipment to be used especially spray paint booths including size, cleaning equipment including inspection and cleaning of the underside of buses, paint drying ovens, 2 pack paint systems.

8. Demonstrate that the facility is suitable to handle all size buses.

9. Provide evidence or a signed statement that equipment meets all legal, safety requirements and environmental standards and will for the term of the contract.

10. Describe methods and/or facilities for handling waste products and any certificates required by the EPA.

11. Company warranty policy.

12. Company Financial Statements including:

12.1. Trading Account/Profit and Loss Account/Operating Statement

12.2. Balance Sheet or statement of Financial Position

12.3. Statement of Cash Flows

The financial documents and information provided will be treated as confidential by the Principal. If requested, the documents will be returned and / or the Principal will sign a confidentiality agreement.

The Principal also reserves the right to request additional financial information as required to gain further comfort regarding the financial capacity of entities assessed.

NUMBER OF COPIES TO BE SUBMITTED:

One original (unbound) plus 3 copies (may be bound or unbound). Only one copy of the Financial Information is required, which shall be submitted in a separate package / envelope marked “Confidential - Financial Information”.

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CS Annexures

CS ANNEXURE B

ASSESSMENT OF SUBMISSIONS

Applicants will be evaluated in accordance with the following process;

1) Assessment for Completeness and Compliance, including Certificate of Insurance.

Experience 30%

Equipment 20%

Delivery / Timelines 20%

Price 30%

2) Finalisation of Agreement

Following any clarification and negotiation necessary, the preferred Applicant will be requested to enter into a formal agreement for the provision of the services.

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CS Annexures

CS ANNEXURE C

SUPPLEMENTARY INFORMATION FOR APPLICANTS

1. PANEL ARRANGEMENT

The Principal intends to select a panel of contractors to provide these services. The need for the services will be dependent on the Principal’s program of works.

2. INFORMATION DOCUMENTS

Appendices 10 “Proposed Bus Body Rectification Work” and 11 “Locations of Principal Owned Buses” are available to assist Tenderers in compiling their tender and are issued for information only.

Where a document is designated as an “information document” or “for information only”, the Principal does not warrant, guarantee, assume any duty of care or other responsibility for or make any representation about the accuracy, adequacy, suitability or completeness of such documents and the Tenderer acknowledges that it has taken this into account.

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STATEMENT OF REQUIREMENTS



STATEMENT OF REQUIREMENTS

CONTENTS

1. Scope and Nature of Agreement2. Provision of Services3. Definitions and Abbreviations4. Time for Repairs5. Materials6. Standards7. Associated Work Outside the Panel Agreement8. Transport Of Buses to and from Contractor’s Premises9. Inspections10. Hold Points11. Welded Fabrication12. Material Cutting13. Frame Painting14. Exterior Painting15. Corporate Colours16. Bus Operator’s Equipment17. Ticketing Equipment18. Site Access19. Liquidated Damages20. Payment

1. SCOPE AND NATURE OF AGREEMENT

This is a part Lump Sum part Schedule of Rates Panel Agreement for the provision of services consisting of rust rectification and repairs, refurbishment and painting of buses owned by the Principal. These buses are located in Department of Planning, Transport and Infrastructure (DPTI) depots in the metropolitan and outer metropolitan areas.

2. PROVISION OF SERVICES

Work Briefs for selected metro buses are shown in Appendices 3, 4 and 5. The Principal may vary or add work briefs as the need arises.

Refer to Appendix 10 for the Proposed Bus Body Rectification Work for period 2012/2017 (for Information only) and location of bus depots and bus operators. The works program may be revised by the Principal’s Representative as required.

Allocation of work will be based on an assessment of the Contractor’s performance. The assessment will consider:

(a) Cost and timeliness of work completed;

(b) Contractor’s ability to manage and control the total repair cost per unit to the satisfaction of the Principal’s Representative; and

(c) Quality of work completed.

The Principal’s Representative may allocate minor repair work (generally less than $11,000 inc GST) on the basis of who the Principal’s Representative determines the most appropriate contractor at the time.

The quotation shall consist of lump sum component/s, and hourly rate for rust rectification.

3. DEFINITIONS AND ABBREVIATIONS

“Bus” means any buses owned by the Principal regardless of make, type and configuration

“Bus Operator” means the bus operating companies who lease the buses from the Principal and is responsible for providing the public transport service.



“Hold Points” means an identified point in a work-related process, beyond which the stated activity cannot proceed without release of the Hold Point. A Hold Point shall only be released by the Principal’s Representative. Release of a Hold Point shall not, in whole or in part, absolve the Contractor from responsibility for the satisfactory performance or execution of the work subject to the Hold Point.

The following abbreviations are used throughout the Agreement Documents:

AS Australian StandardAPAS Australian Paint Approval SchemeDPTI Department of Planning Transport and InfrastructureNATA National Association of Testing Authorities

4. TIME FOR REPAIRS

4.1 Time for Commencement of Repairs

The Contractor will be given 3 days notice of availability of a bus for commencement of work.

4.2 Time for Completion of Repairs

Work described in Appendix 5 on each individual bus shall be completed within 3 weeks plus negotiated rust repair days from the time of delivery to the Contractor of each individual bus.

Work described in Appendix 3 on each individual bus shall be completed within 3 days.

Work described in Appendix 4 on each individual bus shall be completed within 4 days.

The rust repair days will be calculated based on the following formula:

Where for the purpose of equivalent treatment of each Contractor:

(a) 8 is a predetermined 8 hour working day; and

(b) 3 is a predetermined number of employees working on the bus.

Times for completion for work not described above will be stated in the Request for Quotation.

5. MATERIALS

All materials required under this Agreement shall be supplied by the Contractor and shall be current approved materials as listed in Appendix 1 “Approved Materials List”. Only materials approved by the Principal shall be used in repair work. The current approved materials are listed in Appendix 1 “Approved Materials List”.

The Contractor may propose alternative materials for approval by the Principal’s Representative. The Contractor shall demonstrate that proposed alternative materials are equivalent or superior in performance to the approved materials. Alternative materials shall not be used unless written approval from the Principal’s Representative is received by the Contractor.

All equipment, plant, tools, patterns, jigs and materials required for the Agreement shall be supplied by the Contractor.

6. STANDARDS

Repair work shall be carried out in accordance with relevant Australian Standards and Codes of Practice including, but not limited to, the following:

(a) The South Australian Central Inspection Authority, "Code of Practice for Buses", July 1985.

(b) WORKSAFE AUSTRALIA STANDARD:

(i) AS 4361.1 1995 Guide to Lead Paint Management – Industrial Applications.

(c) STANDARDS ASSOCIATION OF AUSTRALIA:



(i) AS 1554.1 Welding of Steel Structures;

(ii) AS 1627.1 Cleaning using Liquid Solvents and Alkaline Solutions;

(iii) AS 1627.4 Abrasive Blast Cleaning; and

(iv) AS 2312Guide to the Protection of Iron and Steel Against Exterior Atmospheric Corrosion.

7. ASSOCIATED WORK OUTSIDE THE PANEL AGREEMENT

Work that is not included in this Agreement is shown in Appendix 2 “Work Outside the Panel Agreement”. It is the Contractor’s and Bus Operator’s responsibility to negotiate separately if this work is to be performed. The work shall not interfere with the time schedule of this Agreement and the Principal has no responsibility for this work. If any associated work proceeds, the cost of the work shall be borne by the Bus Operator.

8. TRANSPORT OF BUSES TO AND FROM CONTRACTOR'S PREMISES

The Contractor shall deliver and pick-up buses by arrangement with the Bus Operator.

9. INSPECTIONS

9.1 Initial Inspection

Each individual bus will undergo an Initial Inspection with its condition recorded as per relevant Inspection 1, Bus Inspection Form (Appendix 6). This inspection will be performed at the Bus Operator's depot by the Principal’s Representative with the Bus Operator, to ascertain the condition of the bus before release to the Contractor.

9.2 Final and Re-inspections

Each individual bus shall undergo a Final acceptance Inspection at the Contractor’s premises with its condition recorded on the Bus Inspection Form (Appendix 6).

Re-inspections will be required if the work performed by the Contractor is not to the Principal’s Representative satisfaction. The Contractor shall be responsible for the cost of re-inspections after the first final acceptance inspection. This cost will be $60.00 per hour which will be deducted from moneys due to the Contractor.

10. HOLD POINTS

To ensure compliance with critical aspects of the Agreement, Hold Points will apply. Hold Points required by the Principal will be as shown in Work Briefs, Appendices 3, 4 and 5.

When a Hold Point has been reached the Contractor shall contact the Principal’s Representative to arrange a suitable inspection time. The Principal’s Representative will be available to perform the inspection during customary working hours on ordinary working days within 2 working days of being notified of a Hold Point being reached.

The Contractor shall not proceed to the next stage of the works until the Hold Point has been released by the Principal’s Representative.

The Principal reserves the right to withhold payment for work done subsequent to a Hold Point not being released. The Principal also reserves the right for work to be "opened up" for inspection at the Contractor’s cost should installation work proceed beyond the Hold Point and the area to be inspected is covered.

The following is a brief description of the Hold Points required in this Agreement.

For work generally described in Appendices 3, 4 and 5:

HOLD POINT 1Contractor’s verification signature on the Bus Inspection Form as per Clause 9.1 “Initial Inspection”.

HOLD POINT 2Inspection to allow the Principal to determine the amount of work required to perform the rust rectification process.



HOLD POINT 3Inspection to ensure the rust rectification repairs have been performed to the required standards.

HOLD POINT 4Inspection to ensure that the repaired bus framework has been adequately protected from future corrosion.

HOLD POINT 5Final inspection and acceptance of the bus as per Clause 9.2 “Final and Re-inspections”.

For work described in Appendices 3 and 4 (Corporate Colours only):

HOLD POINT 1Contractor’s verification signature on the Bus Inspection Form as per Clause 9.1 “Initial Inspection”.

HOLD POINT 2Final inspection and acceptance of the bus as per Clause 9.2 “Final and Re-inspections”.

11. WELDED FABRICATION

All welding shall be SP category in accordance with AS 1554.1.

All welds shall be pre-qualified in accordance with Clause 4.3 of AS 1554.1 and subject to visual inspection of work in accordance with Clause 6.2 of AS 1554.1.

12. MATERIAL CUTTING

Surfaces produced by cutting shall be finished true and smooth to the required dimensions. All burrs and sharp edges on cut surfaces shall be removed.

13. FRAME PAINTING

13.1 Paint

Paint shall be approved by the APAS, unless otherwise approved by the Principal.

All coatings used in a system shall be from the one manufacturer and applied in accordance with the manufacturer’s written recommendations.

13.2 Preliminary Cleaning

Deposits of oil and grease shall be removed by solvent cleaning in accordance with AS 1627.1.

13.3 Final Cleaning

Metal work shall be thoroughly cleaned back to bare metal, removing all rust, mill scale, weld slag, paint or any extraneous material by sanding or other method approved by the Principal’s Representative.

The first coat of the protection system, as specified, shall be applied on the same day as cleaning, within 4 hours of cleaning or before discolouration occurs, whichever is the sooner. In the event of the surface becoming contaminated between cleaning and applying the protective treatment, it shall be re-cleaned.

All material including rust, paint, mill scale shall be contained and disposed of in accordance with appropriate State Authorities Regulations.

13.4 First Coat

One coat of International Intercure 200 (or Principal approved equivalent) to minimum 75 m shall be applied.

13.5 Final Coat

One coat of International Interplus 356 (or Principal approved equivalent) to minimum 125 m shall be applied.



14. EXTERIOR PAINTING

14.1 Preliminary Cleaning

All excess sealer shall be removed prior to painting. All surfaces shall be thoroughly degreased using wax and grease remover, as recommended by the paint manufacturer. All openings and other items requiring protection from paint shall be masked.

14.2 Paint

Paint shall be approved by the APAS, unless approved otherwise by the Principal’s Representative.

All paints used in a system shall be from the one manufacturer and applied according to the paint manufacturer's written recommendations. Where appropriate, paint TSA White – PPG XNP1 (or Principal approved equivalent) shall be used on bus exterior.

14.3 Coating System

A minimum of 2 coats of FILLER/SURFACER, as recommended by the manufacturer or equivalent as approved by the Principal’s Representative, shall be applied by spray to fibreglass panels and any other repairs completed.

The surfaces shall be lightly sanded.

A minimum of 2 coats of PRIMER SURFACER, PPG F391 Chromate Free Epoxy Primer or equivalent as approved by the Principal’s Representative shall be applied by spray.

A minimum of 2 coats of TWO PACK ACRYLIC URETHANE, PPG Delfleet Topcoat (TSA White PPG XNP1) or equivalent as approved by the Principal’s Representative shall be applied by spray.

15. CORPORATE COLOURS

Corporate Colours described in Appendix 9 maybe requested to be applied at the time of performing rust rectification and refurbishment works.

16. BUS OPERATOR’S EQUIPMENT

Bus Operator’s equipment, including video surveillance cameras, closed circuit television and radio communication equipment shall not be interfered with without the express permission of the Bus Operator.

17. TICKETING EQUIPMENT

Where necessary, the Contractor shall be responsible for arranging the removal and installation of ticketing equipment. The Public Transport Services Division staff are authorised to perform this work and the Contractor shall contact PTSD on 8226 4481 or 0401 125 701 to arrange for this work to be carried out.

18. SITE ACCESS

The Contractor shall provide safe access to the Principal and its representatives, as necessary, for the purpose of administering this Agreement.

19. LIQUIDATED DAMAGES

For each bus not completed by the required time as determined under Clause 4.2 above, liquidated damages of $250 per day (indexed in line with the movement of the Australian Consumer price Index as published by the Australian Bureau of Statistics) will apply and be deducted from moneys due to the Contractor:

20. PAYMENT

Further to Clause 14 of the Panel Agreement, payment will be made after all the work under the Agreement is completed for each individual bus and accepted by the Principal. In relation to work described in Appendix 5 and



where nominated by the Principal and only if required, the Contractor may apply to the Principal for one milestone payment to be made before all the work under the Agreement is completed for each individual bus. The milestone payment will amount to 50% of total Quote value for that bus and will be made at the time of the bus entering the paint booth provided that all Hold Points up to that time have been released.

Where applicable, the amount of payment for repair of rust will be determined on the basis of the required hours of work as agreed between the Contractor and the Principal’s Representative after the individual bus has been stripped. The hourly rate quoted for the repair of rust shall include an allowance for materials that are likely to be used for these repairs.

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Appendix 1

APPENDIX 1

APPROVED MATERIALS LIST


Appendix 1

APPENDIX 1

APPROVED MATERIALS LIST

The following materials shall be used in the work, unless otherwise approved by the Principal:

Contractors shall submit details of materials used when requested.Relating to all works and bus types, if necessary:

(1) Skinning Butyl Mastic Windscreen Sealer.

(2) Sikaflex 221 Black for panels, and Sikatak drive for windows.

(3) International Intercure 200 or approved equivalent.

(4) International Interplus 356 or approved equivalent.

(5) Filler/Surfacer, as recommended by the manufacturer of the painting system.

(6) Primer Surfacer, PPG F391 Chromate Free Epoxy Primer or approved equivalent.

(7) Two Pack Acrylic Urethane, PPG Delfleet Topcoat (TSA White PPG XNP1) or approved equivalent.

(8) Two Pack Acrylic Urethane, PPG Delfleet Topcoat (PTB Yellow, Code XBN5) or approved equivalent.

(9) Two Pack Acrylic Urethane, PPG Delfleet Topcoat (PTB Red, Code XBN4) or approved equivalent.

(10) Two Pack Acrylic Urethane, PPG Delfleet Topcoat (PTB Blue, Code XBN6) or approved equivalent.

(11) Exterior Grade Plywood, 12, 15 or 16 mm thick.

(12) RHS and other profile metals to match existing size and type.

(13) Floor Vinyl, Eminent 2.0 mm thick, colour 459 (Black).

(14) 5.4 mm Sealed Stainless Steel or monel Rivets throughout.

(15) Aluminium Step Nosing – Custom Coach RK20 or equivalent.

(16) Yellow Step Insert – Custom Coach R37FL028 or equivalent.

(17) FS 14114 Pozi Floor Screws Z.Y. to fix plywood to floor frame.

Exterior Panels.Relating to works on Mercedes 0305 Rigid, 0305G Artic and MAN SG280H Artic buses only:

(1) Zinc Annealed Sheet Metal, 1.2 mm thick.

Relating to works MAN Midi and SL202, MAN NL202buses only:

(1) 1.2mm zincanneal.

Relating to works on MAN 18-280NL and all Scania buses,

(1) 3mm Aluminium , Grade R1119.

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Appendix 2

APPENDIX 2

WORK OUTSIDE THE PANEL AGREEMENT


Appendix 2

APPENDIX 2

WORK OUTSIDE THE PANEL AGREEMENT

Work that is not included in the Specification but may be performed at the Bus Operator’s expense includes:

(1) Repair seats/seat frames.

(2) Repair handrails.

(3) Repair partitions.

(4) Repaint front or rear inside header panels.

(5) Replace or repair damaged bumper bars.

(6) Replace front door guides.

(7) Replace Laminex inside linings.

(8) Repairs to roof.

(9) Fit new windscreens, windows or other glass.

(10) Replace or repair window frames.

(11) Replace or repair access doors.

(12) Replace or repair passenger entry or exit doors.

(13) New passenger door seals and door window rubber.

(14) Repair or replace articulated curtains.

(15) Accident damage repairs.

(16) Decals.

(17) Electrical repairs as noted in the inspection.

(18) Exterior paint works.

(19) Replace number plates.

(20) Other as requested by the Bus Operator.

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Appendix 3

APPENDIX 3

WORK BRIEF FOR CORPORATE COLOURS ON ALL WHITE BUSES


Appendix 3

APPENDIX 3

WORK BRIEF FOR CORPORATE COLOURS ON ALL WHITE BUSES

MINIMUM WORK ASSOCIATED WITH PAINTING OF CORPORATE COLOURSON ALL WHITE BUSES

HOLD POINT 1

It is the Contractor’s responsibility to review the relevant Bus Inspection report, (as per Clause 10 "Hold Points") and verify on the inspection form, that this has occurred. Work shall only commence once the Inspection 1 form has been certified by the Contractor.

All items below shall be completed prior to Hold Point 2

A Stripping of Bus

The following steps are required as part of stripping the bus:

(1) Disconnect batteries and bus electronics.

(2) Remove fittings to aid in painting of bus.

(3) Prepare surfaces for painting.

(4) Mark up Colour Scheme as per Appendix 9.

B Painting of Body

The Contractor shall carry out the exterior painting of the body as specified in Clause 14 "Exterior Painting".

C Final Assembly

The Contractor shall carry out final assembly of the bus, ensuring to meet all required safety standards and regulations, taking note of the following:

(1) All remaining fittings and components shall be refitted ensuring that they are adjusted and operating correctly.

(2) The bus shall be free of visible paint overspray, cleaned and detailed.

(3) The bus shall be tested and road tested.

(4) The bus shall be fully operational on completion.

HOLD POINT 2

Arrange for Principal to perform final acceptance inspection. The inspection shall be recorded on the bus inspection form, (Inspection 4). The Contractor shall arrange delivery of the bus. The Principal will arrange sign off with the Bus Operator.

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Appendix 4

APPENDIX 4

WORK BRIEF FOR CORPORATE COLOURS ON NON-WHITE BUSES


Appendix 4

APPENDIX 4

WORK BRIEF FOR CORPORATE COLOURS ONNON-WHITE BUSES

MINIMUM WORK ASSOCIATED WITHPAINTING OF CORPORATE COLOURS ON NON-WHITE BUSES

HOLD POINT 1

It is the Contractor’s responsibility to review the relevant Bus Inspection report, (as per Clause 10 "Hold Points") and verify on the inspection form, that this has occurred. Work shall only commence once the Inspection 1 form has been certified by the Contractor.


A Stripping of Bus



(2) Remove fittings to aid in painting of bus.

(3) Prepare surfaces for painting.

(4) Mark up Colour Scheme as per Appendix 9.

B Painting of Body

The Contractor shall carry out the exterior painting of the body as specified in Clause 16 "Exterior Painting" ensuring the old corporate colour scheme is removed and the new corporate colour scheme is painted on.

C Final Assembly

The Contractor shall carry out final assembly of the bus, ensuring to meet all required safety standards and regulations, taking note of the following:


(2) The bus shall be free of visible paint overspray, cleaned and detailed.

(3) The bus shall be tested and road tested.


HOLD POINT 2

Arrange for Principal to perform final acceptance inspection. The inspection shall be recorded on the bus inspection form, (Inspection 4). The Contractor shall arrange delivery of the bus. The Principal will arrange sign off with the Bus Operator.

_____________


Appendix 5

APPENDIX 5

MINIMUM WORK ASSOCIATED WITH RUST RECTIFICATION AND REFURBISHMENT OF MAN NL202 BUS FLOORS


Appendix 5

APPENDIX 5

MINIMUM WORK ASSOCIATED WITHRUST RECTIFICATION AND REFURBISHMENT OF MAN SL202/NL202/MIDI BUS FLOORS

HOLD POINT 1

It is the Contractor’s responsibility to review the MAN Bus Inspection report, (as per Clause 10 "Hold Points") and verify on the inspection form, that this has occurred. Work shall only commence once the Inspection 1 form has been certified by the Contractor.


A Stripping of Bus



(2) Arrange for the removal of the Ticketing Equipment.

(3) Remove seat and seat frames.

(4) Remove handrails and partitions.

(5) Remove vinyl floor covering, including drivers platform area.

(6) Remove passenger doors.

(7) Principal will determine the removal and replacement of the rear wheel chair ramp and mechanism.

(8) Scrape all sealer from floor frame.

(9) Reinforce all flat steel in floor frame with 50mm x 50mm x 5mm steel angle.

MANDATORY HOLD POINT 2

Arrange for the Principal to view the bus frame to determine the repairs required and hours required. Determined repairs and hours shall be recorded on the bus inspection form, (Inspection 2) and signed by Principal and Contractor.

The items listed below shall be completed prior to Hold Point 3.

B Repair of Rust

Areas of rust shall be repaired as determined by the Principal.


Arrange for the Principal to preview work to ensure quality of work. The inspection shall be recorded on the bus inspection form, (Inspection 3).

All items listed below shall be completed prior to Hold Point 4.

C Frame and Chassis Painting

The frame shall be painted as specified in Clause 15 "Frame Painting".


Arrange for Principal to preview work to ensure quality of work. The inspection shall be recorded on the bus inspection form, (Inspection 4).

All items listed below shall be completed prior to Hold Point 5.


Appendix 5

D Final Assembly

The Contractor shall reassemble the bus to meet all required safety standards and regulations, ready for painting, taking note of the following:

(1) Replace all floor ply with 16mm exterior plywood; seal underside of flooring to steel frame of bus; prepare and paint underside of floor in green grey enamel.

(2) Manufacture new floor traps and fit new aluminium edging as recommended by Principal.

(3) Lay new vinyl floor with Tarket 094-NCS8500-N.

(4) Supply and fit red vinyl to two (2) wheel chair access areas and cut wheel chair logo’s in colour black in centre of tile.

(5) Fit aluminium nosing RK 20 at step wells, aisles and step risers if original aluminium step nosing is damaged at removal.

(6) Fit YELLOW step nosing insert R37SLO28.

(7) Prepare and paint all step wells.

(8) Arrange for installation of Ticketing Equipment.


(10) The bus shall be cleaned and detailed.



Arrange for Principal to perform final acceptance inspection. The inspection shall be recorded on the bus inspection form, (Inspection 5). The Contractor will arrange delivery of the bus. The Principal shall arrange sign off with the Bus Operator.

Extras.

Any extra work as noted below shall be arranged with the Principal before the installation of new plywood floor.

(1) Reinforcement of rear axle shock absorber top mounting brackets.

(2) Any corrosion repairs requiring the replacement of chassis tubing or step riser panelling.

(3) Removal of rear mechanical wheelchair ramp.

___________


Appendix 6

APPENDIX 6

BUS INSPECTION FORM – MAN NL 202 Buses

(Refer Separate File obtained by contacting a Contact Officer listed on the front cover page of this Invitation)


Appendix 7

APPENDIX 7

BUS INSPECTION FORM – MAN SL 202 Buses



Appendix 8

APPENDIX 8

BUS INSPECTION FORM – MAN MIDI HOCL Buses



Appendix 9

APPENDIX 9

CUSTOMER INFORMATION STANDARDS 2012



Appendix 10

APPENDIX 10

PROPOSED BUS BODY RECTIFICATION WORK BY DPTI - 2012/2017

(For Information Only)


Appendix 10

APPENDIX 10

PROPOSED BUS BODY RECTIFICATION WORK BY DPTI - 2012/2017


As a guide to the amount of bus repair work that DPTI plans to undertake, refer to the table below. Note that these numbers may change from time to time due to various reasons such as Fleet retirements and purchases, unforseen work, etc.

BUS TYPE QUANTITY Current (2012) Major Works

Minor

Works

APPLICATION OF CORPORATE

COLOURS

Mercedes 0305 Artic 10 As required As required

Mercedes 0305 30 As required As required

MAN SG280 Artic 40 As required As required

MAN NL 202 Prototype 4 As required As required

MAN SL 202 Diesel 25 As required As required

MAN SL 202 CNG 100 20 Floor Replacements As required As required

MAN MIDI HOCL 50 As required As required

MAN NL 202 Diesel 75 As required As required

MAN NL 202 CNG 42 As required As required

MAN NL 202 CB61A CNG 11 As required As required

MAN 232 CNG 50 As required As required

MAN 18.280NL 76 As required As required

SCANIA ARTICS (CB60) 123 As required As required

SCANIA RIGIDS (CB60) 214 As required As required

SCANIA ARTICS (CB80) 28 As required As required

SCANIA RIGIDS (CB80) 40 As required As required

_____________


Appendix 11

APPENDIX 11

LOCATION OF BUSES OWNED BY THE PRINCIPAL



Appendix 11

APPENDIX 11

LOCATION OF BUSES OWNED BY THE PRINCIPAL

BUS OPERATOR DEPOT ADDRESS

SOUTHLINK

LONSDALE DEPOT 21 Krawarri Street

LONSDALE SA

ELIZABETH DEPOT Ridgeway Road

ELIZABETH WEST SA

TRANSITPLUS

ALDGATE DEPOT 300 – 308 Mt Barker Road

ALDGATE SA

TORRENS TRANSIT

MILE END DEPOT 71 Richmond Road

MILE END SA

TORRENS TRANSIT PORT ADELAIDE DEPOT 244 Port Road

ALBERTON SA

TORRENS TRANSIT CAMDEN PARK DEPOT 99-103 Morphett Road

CAMDEN PARK SA

TORRENS TRANSIT NEWTON DEPOT Cnr Papagni & Meredith Streets

NEWTON SA

TRANSFIELD SERVICES

MORPHETTVILLE DEPOT 171 Morphett Road

MORPHETTVILLE SA

TRANSFIELD SERVICES

ST AGNES DEPOT 1146 North East Road

ST AGNES SA

____________


PANEL AGREEMENT

FOR

THE PROVISION OF SERVICES

DPTI Rust Rectification for Public Buses (Panel Agreement)Revision 0

Edition: January 2012 Panel Agreement - Services

CONTENTS

1. OBJECTIVES AND SCOPE...........................................................................................................................32. DEFINITIONS.................................................................................................................................................33. INTERPRETATION........................................................................................................................................54. TERM...............................................................................................................................................................55. ADMINISTRATION.......................................................................................................................................56. QUOTATIONS................................................................................................................................................67. CONTRACTOR’S OBLIGATIONS...............................................................................................................68. NON-COMPLIANCE......................................................................................................................................69. Reserved...........................................................................................................................................................710. Reserved...........................................................................................................................................................711. Reserved...........................................................................................................................................................712. PRICES............................................................................................................................................................713. GST..................................................................................................................................................................714. PAYMENT ARRANGEMENTS.....................................................................................................................815. INTELLECTUAL PROPERTY RIGHTS.......................................................................................................816. INDEMNITY...................................................................................................................................................917. INSURANCE...................................................................................................................................................918. CONFIDENTIAL INFORMATION................................................................................................................919. DISCLOSURE OF CONTRACT...................................................................................................................1020. CONFLICTS OF INTEREST........................................................................................................................1021. FORCE MAJEURE........................................................................................................................................1122. REMEDIES....................................................................................................................................................1123. TERMINATION............................................................................................................................................1124. EFFECT OF EXPIRY OR TERMINATION OF THIS AGREEMENT.......................................................1125. SUB-CONTRACTING..................................................................................................................................1226. COMPLIANCE WITH LAWS AND POLICIES..........................................................................................1227. RESOLUTION OF DISPUTES.....................................................................................................................1228. PUBLICITY...................................................................................................................................................1329. Reserved.........................................................................................................................................................1330. ENTIRE AGREEMENT................................................................................................................................1331. MODIFICATION OF CONTRACT..............................................................................................................1332. WAIVER........................................................................................................................................................1333. SEVERANCE................................................................................................................................................1334. READING DOWN.........................................................................................................................................1335. COSTS............................................................................................................................................................1336. NOTICES.......................................................................................................................................................1337. NO ASSIGNMENT.......................................................................................................................................1438. VARIATION TO THE PROVISION OF SERVICES..................................................................................1439. RELATIONSHIP...........................................................................................................................................1540. OCCUPATIONAL HEALTH AND SAFETY..............................................................................................15ANNEXURE................................................................................................................................................................17



1. OBJECTIVES AND SCOPE

The Parties agree that:

A. The Contractor is a member of panel of providers ("Panel") that has been established by the Principal to provide the Services specified in the Statement of Requirements;

B. The Principal may select any member of the Panel to provide the Services; and

C. If selected by the Principal, the Contractor shall provide the Services upon the terms and conditions of this Agreement.

The provisions of this Agreement shall be construed so as to give full effect to the objectives contained in this clause.

2. DEFINITIONS

In this Contract:

“Agreement” means this agreement and includes the schedules and any annexures to it or documents incorporated by reference.

“Business Day” means any day that is not a Saturday or Sunday or a public holiday in South Australia;

“Commencement Date” means the date specified in the Annexure or such other date as agreed to by the Parties;

“Confidential Information” means all information (other than information in the public domain or information that is trivial or obvious) acquired by the Contractor from or about the Government, the Principal or the Principal’s agents, business associates or employees pursuant to this Contract;

“Conflict of Interest” means any interest or duty which conflicts or potentially conflicts with the obligations, liabilities or rights of either party as written in this Contract;

“Contractor” means the entity who as a party to the Agreement, is bound to provide the Services in accordance with the Agreement;

“Contractor’s Representative” means the person as the Contractor may nominate in writing from time to time to and with the approval of the Principal;

“Crown” means the Crown in right of the State of South Australia;

“Document” means any embodiment of any text or image however recorded;

“Event of Default” occurs if the Contractor:

(a) has an Insolvency Event

(b) has a Conflict of Interest;

(c) does not provide sufficient Personnel to meet its obligations;

(d) does not comply with the insurance requirements;

(e) assigns any of its rights or obligations, except as allowed by this Agreement;

(f) does not comply with any notice given by the Principal under this Agreement;

(g) is subject to a change of ownership;

(h) does not comply with any Law;

(i) is in breach of this Agreement and fails to rectify the breach within 30 days of being notified of the breach by the Principal; or

(j) becomes the subject of a takeover;

“Expiry Date” means the date specified in the Annexure, or where a period of time is specified in the Annexure, the last day of the period;

“GST” means the tax imposed by the GST Law;

“GST Law“ has the meaning attributed in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

“GST Rate” has the meaning attributed in the GST Law;



“Insolvency Event” means:

If the Contractor is a body corporate:

(a) an administrator is appointed to the Contractor;

(b) the Contractor resolves to be wound up;

(c) a court order is made that the Contractor be wound up (for insolvency or otherwise);

(d) the Contractor ceases business;

(e) a receiver or manager is appointed to the Contractor;

(f) a liquidator or provisional liquidator of the Contractor is appointed;

(g) the Contractor enters into an arrangement with its creditors; or

(h) the Contractor is unable to pay its debts when they are due;

If the Contractor is a natural person or:

(a) the Contractor has committed an act of bankruptcy as contemplated by the Bankruptcy Act 1966 (Cth);

(b) the Contractor is unable to pay his or her debts as and when they become due and payable;

(c) the court has made a sequestration order against the Contractor’s estate;

(d) a creditors’ petition has been presented against the Contractor;

(e) the Contractor has presented to the official receiver a declaration of intention to present a debtor’s petition;

(f) the Contractor becomes a bankrupt;

(g) a meeting of creditors of the Contractor is convened; or

(h) Contractor lodges with his or her trustee a proposal to his or her creditors for a composition in satisfaction of his or her debts or a scheme of arrangement of his or her affairs;

If the Contractor is trading as a partnership, the occurrence of any of the events described in above relation to any of the partners of the partnership.

“Intellectual Property Rights” means all intellectual property rights, including:

(a) patents, plant breeders’ rights, copyright, rights in circuit layouts, registered designs, trade marks, know-how and any right to have Confidential Information kept confidential; and

(b) any application or right to apply for registration of any of the rights referred to in subclause (a) above,

but for the avoidance of doubt excludes moral rights and performers’ rights;

“Laws” means all Acts of Parliament of the Commonwealth of Australia and of the State of South Australia, and the requirements of all ordinances, regulations, by-laws, orders, and proclamations;

“Parties” means the Principal and the Contractor and "Party" means either of the Parties;

“Personnel” means any subcontractors, employees, agents and any other person employed or engaged by the Contractor to perform this Agreement, and includes the Contractor’s Representative;

“Prices” means the prices set out in or determined in accordance with the schedules;

“Principal” means the person named in the Annexure;

“Principal’s Representative” means the person named and described in the Annexure or such other person as the Principal may nominate in writing from time to time to the Contractor;

“Record” means a document (either hard copy or electronic) that the Contractor is required to prepare under this Agreement (including plans, diagrams, supporting calculations and data), but excludes the Contractor’s internal administrative records;

“Services” means the services referred to in and required pursuant to this Agreement and may include the provision and installation of goods associated with the services;

“Specification” means the "Statement of Requirements";



“Statement of Requirements” means the document, designated as such, which stipulates the nature, performance requirements and scope of Services to be provided under this Contract;

3. INTERPRETATION

In this Agreement:

(a) A reference to any legislation includes:

(i) all legislation, regulations, proclamations, ordinances, by-laws and instruments issued under that legislation; and

(ii) any modification, consolidation, amendment, re-enactment or substitution of that legislation;

(b) Any word importing:

(i) the singular includes the plural;

(ii) the plural includes the singular; and

(iii) a gender includes every other gender.

(c) Words referring to individuals include corporations, unincorporated associations, partnerships, trusts and joint ventures;

(d) A reference to a party includes that party’s administrators, successors and permitted assigns;

(e) Any act due on a weekend or a public holiday may be done the next Business Day;

(f) Where a word or phrase is given a defined meaning, then any other grammatical form of that word or phrase has the same meaning;

(g) A reference to two or more persons means all of them together;

(h) The words “clause” or “schedule” refer to this Contract;

(i) A reference to a clause number includes its sub-clauses;

(j) The word “or” is not exclusive;

(k) "Includes" or “including” shall not be interpreted as a word of limitation.

(l) Clause headings are for reference only and do not form part of this Contract;

(m) Monetary references are references to Australian currency;

(n) This Agreement between the parties comprises these standard terms and conditions and all the documents comprised in, and incorporated by reference to, the Schedule of Agreement Documents. If any of the documents comprising this Agreement are inconsistent, these standard terms and conditions shall take priority over the other documents.

4. TERM

4.1 This Agreement starts on the Commencement Date and ends on the Expiry Date specified in the Annexure unless terminated earlier (“Term”). If no Commencement Date is specified, the Commencement Date shall be the Date of the Letter of Acceptance.

4.2 The Principal may extend the Term for the period specified in the Annexure by giving 3 months written prior notice to the Contractor.

5. ADMINISTRATION

5.1 Each Party shall at all times throughout the Term have a representative who has authority to:

(a) exercise all of the powers and functions of his or her party under this Agreement other than the power to amend this Agreement;

(b) bind his or her party in relation to any matter arising out of or in connection with this Agreement; and

(c) amend the Statement of Requirements (including Annexures, Schedules and Attachments) after the amendment has been agreed by both representatives.



5.2 The Contractor must comply with all reasonable instructions pursuant to this Agreement given by the Principal’s Representative.

5.3 The Principal’s Representative will be that person described in the Annexure or such other person as the Principal may nominate in writing from time to time.

5.4 The Contractor’s Representative will be that person nominated in writing by the Contractor to the Principal’s Representative from time to time.

5.5 The Contractor shall not appoint as Contractor’s Representative any person not approved by the Principal, which approval shall not be unreasonably withheld. The Principal may require the Contractor to remove or replace a Contractor’s Representative judged by the Principal to be negligent, unsuitable or otherwise unacceptable to the Principal by written notice to the Contractor.

5.6 The Principal may arrange periodic meetings to discuss performance of the Services. The Parties shall ensure that their Representative or an authorised representative of the Representative is present at all meetings.

5.7 The Contractor shall provide copies of all Records required to be prepared under this Agreement to the Principal.

6. QUOTATIONS

6.1 The Principal may:

(a) request that all or any members of the Panel provide a quotation for the provision of the Services, notwithstanding that pre-agreed rates may form part of this Agreement;

(b) seek quotations from providers not on the Panel; and

(c) appoint new providers as members of the Panel.

6.2 The Principal is not obliged to engage the Contractor to provide any Services during the term of this Agreement. If the Principal engages the Contractor to provide Services and does not seek a quotation, the Services shall be paid for at any pre-agreed rates forming part of this Agreement.

7. CONTRACTOR’S OBLIGATIONS

7.1 The Contractor must provide the Services in accordance with the requirements of this Agreement. The Services must at all times and for all purposes relevant to this Agreement conform with the Statement of Requirements.

7.2 The Contractor warrants, represents and undertakes to the Principal that:

(a) when supplying the Services:

(i) it will use adequate numbers of qualified individuals with suitable training, education, experience and skill to perform the Services;

(ii) it will use its best efforts to perform the Services in the most cost-effective manner consistent with the required level of quality and performance;

(iii) it will perform the Services in a manner that complies with all laws and codes applicable to the Contractor’s provision of the Services, including without limitation identifying and using best endeavours to procure the required permits, certificates, approvals and inspections; and

(b) it shall ensure that its Personnel observe and comply with the provisions of this Agreement.

7.3 The Contractor acknowledges that it:

(a) enters into this Agreement after having carried out its own diligent investigations into all matters relating to the provision of the Services, not relying on any representations made by the Principal, its agents or Personnel; and

(b) is fully informed in respect to its obligations under this Agreement.

8. NON-COMPLIANCE



8.1 If in the Principal’s reasonable opinion, the Contractor has failed to comply with this Agreement in the performance of the Services, the Principal may give written notice to the Contractor, and the Contractor must, within 14 calendar days of the Principal’s notice, rectify the non-compliance and if reasonably required, must redeliver the Services.

8.2 If the Contractor fails to comply with a written direction given by the Principal in accordance with this clause and the direction includes notification that Principal may elect to have the Services carried out by others, the Principal may have the Services carried out by others. The cost of having the Services so carried out shall be deducted from the amount owing to the Contractor.

9. Reserved

10. Reserved

11. Reserved

12. PRICES

12.1 The Prices apply to the provision of the Services, except the extent otherwise provided in this Agreement.

12.2 Subject to clause 13, the Prices include all taxes, duties or government charges imposed or levied in Australia or overseas in connection with this Agreement.

12.3 The Prices include all costs of compliance with the Contractor’s obligations under this Contract, whether foreseen or unforeseen. Unless provided for elsewhere in this Contract, no other costs or expenses are payable by the Principal.

12.4 The Prices payable to the Contractor under this Agreement shall be ascertained in accordance with the following methods, as stated in the Annexure:

Lump Sum

For work for which the Principal has accepted a Lump Sum, the Principal will pay the Lump Sum, adjusted by any additions or deletions made pursuant to the Agreement. Payment will not exceed the Lump Sum unless the Principal has issued a Variation, in writing, in accordance with Clause 38.

The Lump Sum shall be deemed to full payment for the provision of all supplies, tasks, services, activities, incidentals, taxes overheads, fees and disbursements relating to the Lump Sum part of the Contract, regardless of whether or not these are mentioned in any Schedule of Prices. If a Schedule of Prices has been provided, it shall be used for the purpose of assisting in the determination of progress payments only. Unless specified otherwise, any progress payments will be made as a portion of the Lump Sum commensurate with the amount of Services provided as of the date of invoice.

Schedule of Rates

For work for which the Principal has accepted a Schedule of Rates, the Principal will pay the sum ascertained by multiplying the measured quantity of each item of service actually carried out under the Agreement by the rate accepted by the Principal for the item of service, adjusted by any additions or deletions made pursuant to the Agreement.

Except where a disbursement has been specifically included in the schedules, the rates are deemed to allow for all supplies, tasks, services, activities, incidentals, overheads, fees and disbursements relating to the item of service listed in the schedule. No separate payment will be made for any work or expense required for the item of service listed in the schedule but not specifically mentioned in the description of the item of service. A change in the measured quantity provided does not entitle the Contractor to amend the applicable rate.

Upper Limiting Fee

For work for which the Principal has accepted an Upper Limiting Fee, the Principal will pay an amount ascertained on the same basis as a Schedule of Rates, up to the amount of the Upper Limiting Fee. Payment shall not exceed the Upper Limiting Fee unless the Principal has issued a Variation, in writing, in accordance with Clause 38.



13. GST

13.1 The Contractor represents that:

(a) it is registered under the A New Tax System (Australian Business Number) Act 1999 (Cth), and that the ABN shown in Annexure 2 is the Contractor’s ABN; and

(b) it is registered under the GST Law.

13.2 If the prices are expressed as being GST exclusive and the supply for which payment is claimed is a Taxable Supply then, in addition to any amount payable by the Principal by reference to the Prices (the “base consideration”), the Principal must pay to the Contractor, an additional amount of consideration (“GST consideration”) for the Taxable Supply calculated by multiplying the GST Rate by the base consideration. The GST consideration is payable at the same time and subject to the same conditions as the base consideration. In this Contract, “Taxable Supply”, and “GST Rate” have the meaning attributed to it in the GST Law.

14. PAYMENT ARRANGEMENTS

14.1 The Contractor is entitled to invoice the Principal for payment in respect of a Service, only on a monthly basis (unless a alternative time has been specified in the Statement of Requirements) , when the Service has been provided.

14.2 The Principal does not have to pay a Contractor’s invoice unless the invoice is properly rendered. An invoice is properly rendered if it:

(a) is issued in respect of Service for which the Contractor is entitled to invoice under this Agreement;

(b) reflects the correct price for the Service under this Agreement;

(c) is a valid Tax Invoice within the meaning of the GST Law; and

(d) is accompanied by such information and documentation as reasonably required by the Principal to verify the invoice.

14.3 Subject to the provisions of this clause, the Principal will pay the Contractor within 30 days of receiving a valid invoice.

14.4 If the Contractor's performance of the Services is in breach of this Contract, the Principal may withhold payment of the moneys due for that part of the services not provided in accordance with the Agreement. If payment is to be withheld, the Principal will notify the Contractor within 14 days of the receipt of the Contractor's invoice of its intention to and reasons for withholding payment of the moneys due, or any part thereof. If the Principal disputes a claim for payment, the Principal will pay any undisputed portion of the invoice.

14.5 Payment will not be subject to Rise and Fall unless specified otherwise in the Statement of Requirements.

15. INTELLECTUAL PROPERTY RIGHTS

15.1 Subject to clause 15.2, the Crown will own all Intellectual Property Rights in any thing that is delivered to the Principal or otherwise produced in the course of the provision of the Services.

15.2 The Crown does not own the Contractor’s Intellectual Property Rights in:

(a) all material prepared or developed by the Contractor existing at, or prior to, the date of commencement of this Contract; and

(b) improvements to such Intellectual Property developed during the provision of the Services that have not been created or developed by the Contractor exclusively for the Contract,

and such Intellectual Property Rights remain vested in the Contractor. However, to the extent necessary for the provision of the Services, the Contractor grants the Principal and the Crown a perpetual, irrevocable, royalty free, fee free licence to use, copy, modify and adapt any such Intellectual Property Rights in relation to the provision of the Services.

15.3 The Contractor must not infringe the Intellectual Property Rights of any person in performing its obligations under this Agreement.



15.4 The Contractor shall indemnify the Crown against all costs, expenses and liabilities arising out of any claim that the provision of the Services by the Contractor infringes the Intellectual Property Rights of any person.

15.5 If it is determined by any independent tribunal of fact or law, or if it is agreed between the parties to a dispute, that an infringement of Intellectual Property Rights has occurred, then the Contractor must at its own expense:

(a) obtain for the Principal the right to continue using the Records;

(b) modify or replace method of provision of the Records so as to avoid the infringement, and compensate the Principal for any direct loss or damage sustained or incurred by the Principal during, or as a result of, such modification or replacement); or

(c) if the solutions in either of the two preceding paragraphs cannot be achieved on reasonable terms:

(d) refund the moneys paid for the Records; and

(e) pay to the Principal the amount of any direct loss or damage sustained as a result of such removal.

15.6 The Principal may determine that it is necessary to retain and continue to use the Records. If so, any payments to a third party as a consequence of this action shall be reimbursed by the Contractor to the Principal.

16. INDEMNITY

16.1 The Contractor indemnifies, and undertakes to keep indemnified, the Principal, from and against:

(a) loss of or damage to the Principal’s property; and

(b) claims in respect of personal injury or death or loss of, or damage to, any other property,

arising out of or in respect of:

(a) any negligence, wrongful act or omission by the Contractor or any of its Personnel; or

(b) any Event of Default or breach by the Contractor of any of the provisions of this Contract.

16.2 The Contractor indemnifies, and undertakes to keep indemnified, the Principal, from and against any claim that the Supply of Goods by the Contractor infringes the Intellectual Property Rights of any person.

16.3 This Clause will survive termination of this Contract.

17. INSURANCE

17.1 The Contractor must effect and maintain at its own expense during the Term of this Agreement the policies set out in the Annexure and for amounts not less than those specified in the Annexure.

17.2 The insurance policies set out in the Annexure must be with insurers satisfactory to the Principal.

17.3 Where a professional indemnity policy is specified, the Contractor must maintained the policy for at least 2 years after the expiry of this Agreement.

17.4 The policies referred to in the Annexure must be in the name of the Contractor and must cover the Contractor and all subcontractors for their respective rights, interests and liabilities.

17.5 Before supplying Services under this Contract, the Contractor must provide the Principal with insurance certificates of currency for the insurances required under this Clause. At any time during the Term, the Principal may require the Contractor to provide proof that the policies of insurance have been maintained.

17.6 The Principal, in specifying levels of insurance in this Agreement accepts no liability for the completeness of their listing, the adequacy of the sum insured, limit of liability, scope of coverage, conditions or exclusions of those insurances in respect to how they may or may not respond to any loss, damage or liability.

17.7 The Contractor acknowledges and agrees that it is the Contractor’s responsibility to assess and consider the risks and scope of insurances required under this Agreement.



18. CONFIDENTIAL INFORMATION

18.1 Subject to this Contract, the party (“receiving party”) to whom Confidential Information is disclosed by another party (“disclosing party”) must not disclose Confidential Information to any person without first obtaining the disclosing party’s written consent.

18.2 There will be no breach of the obligations of the receiving party under this Agreement if the Confidential Information is legally required to be disclosed or the circumstances of its disclosure are permitted by this Agreement.

18.3 The receiving party may disclose Confidential Information to its officers, Personnel, and agents (“Authorised Persons”) if:

(a) the Authorised Person needs to know the Confidential Information for the performance of his or her duties under this Contract;

(b) the receiving party first notifies the proposed disclosure to the disclosing party; and

(c) the receiving party first makes the Authorised Person aware of the confidential nature of the Confidential Information and requires the employee to treat it confidentially.

18.4 Despite anything else in this Contract, it is a condition to any permitted disclosure that the receiving party must notify the disclosing party promptly if the receiving party becomes aware of any unauthorised disclosure by a third party. The receiving party must give the disclosing party all assistance reasonably required by that party in connection with any proceedings which it may institute against any persons for the disclosure.

18.5 The receiving party indemnifies the disclosing party against any loss or damage which the disclosing party may suffer or for which the disclosing party may become liable as a result of:

(a) any disclosure or use of Confidential Information in breach of this Agreement by the receiving party; or

(b) any unauthorised disclosure or use by an Authorised Person of Confidential Information.

18.6 The Contractor acknowledges that the Principal may disclose Confidential Information:

(a) to Parliament, the Governor, Cabinet or a Parliamentary or Cabinet committee or subcommittee;

(b) where required by law to do so;

(c) to any agency, authority, instrumentality, minister or officer of the Crown to whom it is customary for the Principal to disclose information such as the Confidential Information (whether or not the Principal is legally obliged to do so);

(d) to the Australian Competition and Consumer Commission (ACCC) if the Principal reasonably suspects, or is notified by the ACCC that it reasonably suspects, that there is cartel conduct or unlawful collusion in connection with the supply of Goods or Services under this Contract; or

(e) for the purposes of prosecuting or defending any legal proceedings.

19. DISCLOSURE OF CONTRACT

The Principal may disclose this Agreement or information in relation to this Agreement in either printed or electronic form and either generally to the public or to a particular person as a result of a specific request. The Contractor agrees to disclosure of this Agreement in accordance with Department of Premier and Cabinet Circular 27 (PCO27)."Disclosure of Government Contracts", available from:http://www.premcab.sa.gov.au/dpc/publications_circulars.html. The Contractor’s attention is drawn to the Freedom of Information Act 1991. No exemption from the provisions of this Act applies to this Agreement.

20. CONFLICTS OF INTEREST

20.1 The Contractor warrants that at the Commencement Date, to the best of its knowledge, having made all reasonable inquiries, no conflict of interest exists in relation to this Agreement or is likely to arise during the period of this Agreement.


http://www.premcab.sa.gov.au/dpc/publications_circulars.html


20.2 If the Contractor becomes aware that it or any of its Personnel do have or will have a Conflict of Interest, then the Contractor shall immediately inform the Principal, in writing, with full details of that Conflict of Interest.

20.3 The Contractor shall comply with all reasonable directions of the Principal requiring it to resolve or otherwise deal with any Conflict of Interest.

20.4 The provision of this Clause will operate without prejudice to any other rights which the Principal may have arising out, or in respect of, the existence of any Conflict of Interest or potential Conflict of Interest.

21. FORCE MAJEURE

21.1 Force Majeure means an event or circumstance which prevents a party from complying with any of its obligations under this Agreement and which that party:

(a) did not cause;

(b) cannot control or influence; and

(c) cannot prevent or avoid through prudent management processes, policies and precautions, including the use of alternative resources, the procuring of services from another source and work around plans.

21.2 It includes without limitation, fire, flood, drought, storm, lightning, act of God, peril of sea or air, explosion, sabotage, accident, embargo, civil commotion, act of war and war; but does not include industrial disputes, strikes and difficulties between the Contractor and its Personnel or sub-contractors.

21.3 The affected party must notify the other party if the Force Majeure is preventing it from complying with any of its obligations as soon as it becomes aware of the Force Majeure.

21.4 The affected party’s rights and obligations will be suspended to the extent and for so long as the performance of the affected party’s rights and obligations are prevented or delayed by the Force Majeure.

21.5 The affected party must keep the other party informed of the continuation and expected duration of the Force Majeure and of measures taken to comply with this Clause.

21.6 The affected party must recommence performance of its obligation as soon as possible without delay after the Force Majeure has ceased to exist.

22. REMEDIES

22.1 Any claim the Principal may have against the Contractor may be set off against monies owed to the Contractor under this Agreement.

22.2 The rights and remedies provided under the Agreement are cumulative and not exclusive of any remedies provided by law or any other right or remedy.

23. TERMINATION

23.1 The Principal shall be entitled to terminate this Agreement upon 14 calendar days written notice in the event that an Event of Default occurs.

23.2 The Principal may terminate this Agreement if the Contractor fails to comply with a notice under clause 8. “Non-Compliance”.

23.3 The Principal may terminate this Agreement for convenience upon 28 days written notice.

24. EFFECT OF EXPIRY OR TERMINATION OF THIS AGREEMENT

24.1 If the Principal terminates this Agreement, or if the Term of this Agreement expires, the Principal must pay the Contractor for Services (if any) that have been ordered, and supplied by the Contractor up to the date of termination or the Completion Date.

24.2 If the Principal terminates this Agreement for convenience:

(a) the Principal must pay the Contractor pursuant to this clause 24.1;



(b) the Principal must elect at the time of termination whether it requires the Services on order to be supplied, or to cancel the order;

(c) if the Principal elects to have Services on order to be supplied such Services on order at the time of termination must be supplied by the Contractor in accordance with the provisions of this Agreement and the Principal must pay for them; and

(d) if the Principal elects to cancel orders for Services standing at the time of termination, the Principal must pay the Contractor reasonable compensation for costs incurred in relation to the cancelled orders.

24.3 Subject to clause 24.2(c), the Contractor has no obligation to respond to an order for any Services under this Agreement after the Principal has issued a notice of termination.

24.4 Any termination of this Agreement by the Principal is without prejudice to any rights, remedies or actions that the Principal may have against the Contractor that may have arisen prior to the date of termination.

25. SUB-CONTRACTING

25.1 The Contractor must not engage any sub-contractor without approval of the Principal, which shall not be unreasonably withheld.

25.2 The Contractor must apply to the Principal in writing for approval to appoint a sub-contractor and the application must include details of the name of the proposed sub-contractor and the tasks that the Contractor proposes that it performs.

25.3 The Principal may request other information about the proposed sub-contractor.

25.4 If the Principal grants its approval then the approval may be given on such conditions as the Principal reasonably considers appropriate.

25.5 The Principal shall have the right during the Term to revoke its prior approval of a subcontractor if:

(a) the subcontractor’s performance is deficient;

(b) there have been material misrepresentations made to the Principal by or concerning the subcontractor.

25.6 The Contractor shall remain responsible for obligations performed by subcontractors to the same extent as if such obligations were performed by the Contractor.

26. COMPLIANCE WITH LAWS AND POLICIES

26.1 The Contractor must comply with the requirement of all Laws.

26.2 The Contractor undertakes to comply with all South Australian Government policies that are specified in the Statement of Requirements and which relate to the performance of the Contractor’s obligations under this Agreement.

26.3 The parties submit themselves to the exclusive jurisdiction of the Courts having jurisdiction in South Australia.

26.4 Any proceedings brought in a Federal Court must be instituted in the Adelaide registry of that court, and the parties undertake not to apply to transfer any proceedings to a registry of the Federal Court located in another State or Territory, or to the courts of another State or Territory.

27. RESOLUTION OF DISPUTES

27.1 Either party may, in a case of genuine urgency, seek immediate interlocutory relief or an interim remedy.

27.2 Subject to clause 24.1, neither party may commence legal proceedings without attempting to resolve the dispute as follows:

(a) Each party must submit the dispute to one of its senior officers who has not previously been involved in the dispute (“Negotiators”) within 7 days of the dispute arising.

(b) The Negotiators must meet as soon as possible to resolve the dispute.



(c) If the Negotiators cannot resolve the dispute within 14 days of its reference to them, each Negotiator must prepare a written summary of his or her attempts to resolve the dispute and immediately refer that summary to a senior executive of each party (“the Executive Negotiators”).

27.3 The Executive Negotiators must meet as soon as possible to resolve the dispute, but in any case within 7 days of its reference to them. Each party must authorise and inform its Executive Negotiator sufficiently so that he or she can undertake that meeting without detailed reference to another person.

27.4 Notwithstanding the existence of a dispute each party must continue to perform its obligations under this Agreement.

27.5 This clause survives any expiry or termination of this Agreement.

28. PUBLICITY

The Contractor must not make any public announcement or media release in respect of any aspect of this Agreement or the Services without the prior written approval by the Principal.

29. Reserved

30. ENTIRE AGREEMENT

This Agreement:

(a) incorporates the annexures and any attached schedules;

(b) contains the entire agreement between the parties with respect to its subject matter; and

(c) supersedes any prior agreement, understanding or representation of the parties on the subject matter.

31. MODIFICATION OF CONTRACT

This Agreement may be amended or modified by the parties, but changes will not be binding upon the parties unless they are in writing and signed by each party or its representative authorised for that purpose.

32. WAIVER

A party’s:

(a) failure to exercise, or delay in exercising, a power or right does not operate as a waiver of that power or right;

(b) waiver or exercise of a power or right does not preclude its future exercise or the exercise of any other power or right; and

(c) waiver of any power or right will not be effective unless it is in writing and signed by the Representative of the party waiving its rights.

33. SEVERANCE

33.1 Each word, phrase, sentence, paragraph and Clause of this Agreement is severable

33.2 If a court determines that a part of this Agreement is unenforceable, invalid, illegal or void that court may sever that part.

33.3 Severance of any part of this Agreement will not affect any other part of this Agreement.

34. READING DOWN

Where a word, phrase, sentence, paragraph or other Clause or provision of this Agreement would otherwise be unenforceable, illegal or void the effect of that provision shall so far as possible, be limited and read down so that it is not unenforceable, illegal or void.



35. COSTS

Except as otherwise provided by this Agreement, each party is responsible for its own costs and risks in relation to the negotiation and preparation of this Agreement and all things to be done under this Agreement.

36. NOTICES

36.1 Any notice or purchase order relating to this Contract must be:

(a) in writing;

(b) signed by the Representative of the sender; and

(c) given to the other party:

(i) by hand delivery;

(ii) by prepaid mail; or

(iii) by facsimile or email transmission.

36.2 For the purposes of delivery of notices:

(a) mail must be sent to the address of the recipient party set out in this Contract; and

(b) facsimile or email messages must be marked for the attention of the person specified in this Contract.

36.3 If email is used to transmit a notice or a purchase order, it must be scanned into a non-editable file format and attached to the email;

36.4 If a Party changes its contact details, then it must provide written notice to the other party within five Business Days.

36.5 A notice sent for the purposes of this Clause will be considered received:

(a) if delivered before 5.00 pm on a Business Day, otherwise on the next Business Day;

(b) if sent by pre-paid mail, on the third Business Day after posting; or

(c) if transmitted by facsimile before 5.00 pm on a Business Day and a complete transmission report is received on the day of transmission, otherwise on the next Business Day, provided that:

(i) if the recipient receives by facsimile transmission a notice that is illegible, the recipient must notify the sender immediately and the sender must continue to retransmit the notice until the recipient confirms that it has received a legible notice; and

(ii) if transmitted by email before 5.00 pm on a Business Day and the Sender receives a message-opened response, otherwise on the next Business Day, subject always to the Sender receiving a message-opened response.

37. NO ASSIGNMENT

The Contractor must not assign, encumber or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the Principal.

38. VARIATION TO THE PROVISION OF SERVICES

38.1 The Services may be varied in accordance with this Clause.

38.2 The Principal may propose varying the Services by notice in writing to the Contractor setting out the proposed variation. If the proposed variation would increase the scope of the Services, the Contractor shall:

(a) notify the Principal that the proposed variation will cause the scope of the Services to increase;

(b) provide to the Principal a written quotation indicating the additional cost of providing the Services should the proposed variation be implemented; and

(c) indicate the amount of additional time (if any) which will be required to perform the Services if varied.



38.3 The Contractor shall not provide any services additional to the Services, until the Contractor has received a written notice from the Principal accepting the quotation and altering the time in which the Services, as varied, are to be provided.

38.4 If the proposed variation would decrease the scope of the Services, the Principal shall give written notice to the Contractor indicating:

(a) how the scope of the Services are decreased;

(b) how the Fee will be adjusted; and

(c) how the Expiry Date will be adjusted.

38.5 The Services, as varied under this Clause, shall be provided in accordance with the terms and conditions of this Agreement.

38.6 If the Contractor proposes to provide Services which the Contractor considers to be a variation and the matter has not been brought to the attention of the Principal, the Contractor shall inform the Principal as soon as practicable. The Principal shall not be liable for payment for any additional services provided by the Contractor if the Principal has not been notified of the Contractor’s intent for the additional services to be classified as a variation.

39. RELATIONSHIP

39.1 Nothing in this Agreement constitutes any relationship of employer and employee or partnership between the parties.

39.2 No party has any authority to bind the other party in any manner without the prior consent of the other party.

39.3 Except for as provided for under Clause 21 "Subcontracting", the Contractor shall only permit the Contractor’s Personnel to provide the Services.

39.4 The Contractor shall ensure that the Contractor's Personnel comply with this Agreement.

39.5 The Contractor shall immediately notify the Principal of the occurrence of any event that may affect the approval granted by the Principal with respect to the Contractor’s Personnel.

39.6 The Contractor acknowledges and agrees that:

(a) there is no contract of any nature in existence pursuant to this Agreement between the Principal and the Contractor's Personnel (and any other person employed or engaged by the Contractor for purposes of this Contract);

(b) the Contractor is liable for all remuneration, claims and other entitlements payable to the Contractor's Personnel; and

(c) the Contractor is responsible for complying with the requirements with the Income Tax Assessment Act 1936 (Commonwealth) pursuant to this Agreement to the extent that the Principal is not thereby required to make PAYE deductions from any amount payable for the Services.

39.7 If the Contractor's Personnel are workers within the meaning of the Workers Rehabilitation and Compensation Act, 1986 then the Contractor shall comply with all the requirements of an employer under that Act arising out of or in conjunction with the provision of the Services.

39.8 If any of the Contractor's Personnel are not workers within the meaning of the Workers Rehabilitation and Compensation Act 1986, then the Contractor shall ensure that the Contractor's Personnel effect and maintain a policy of insurance providing sickness and accident benefits similar to those provided for under the Workers Rehabilitation and Compensation Act, 1986.

39.9 If during the Term the Principal forms the opinion that any of the Contractor’s Personnel do not have the capacity to adequately undertake the tasks to be performed pursuant to this Agreement or do not maintain the standard of work required by this Agreement or are responsible for any disruption of work being undertaken as part of this Agreement the Principal may notify the Contractor accordingly, and thereupon such Contractor’s Personnel shall be withdrawn from undertaking further work involved in the Services.



39.10 The Contractor indemnifies the Principal and the Government and shall keep the Principal and the Government indemnified against any claims by any person who is employed by or is an agent of the Contractor that it may be held or asserted that a relationship of employer and employee has been created under this Agreement.

39.11 The Contractor must not engage any former public sector employee, either directly or through a third party, who has, within the last three years, received a separation package from the government, where such engagement may breach the conditions under which the separation package was paid to the former public sector employee.

40. OCCUPATIONAL HEALTH AND SAFETY

40.1 The Principal is committed to the provision of a healthy and safe working environment and expects the Contractor to demonstrate the same level of commitment to Occupational Health, Safety and Welfare (“OHS&W”).

40.2 If requested by the Principal, the Contractor must:

(a) provide evidence satisfactory to the Principal of its capacity to comply with the Occupational Health, Safety and Welfare Act 1986 (SA);

(b) provide evidence that its Personnel, agents and subcontractors have received appropriate training in and are aware of their legal obligation and responsibilities in relation to occupational health safety and welfare; and

(c) provide the Contractor’s Workcover Registration Number.

40.3 If all or part of the work under this Agreement is to be provided on the premises of the Principal and under the direction of the Principal, the Contractor shall comply with the Principal’s OHS&W policies, procedures and instructions while on the Principal’s premises. If the Contractor becomes aware of any potentially hazardous situation on the premises of the Principal, the Contractor shall immediately bring it to the Principal’s attention for a direction regarding the matter.

40.4 If the Principal has additional requirements regarding the preparation and implementation of OHS&W systems and plans, these will be detailed in the Statement of Requirements.

40.5 The Contractor must comply with the Occupational Health, Safety and Welfare Act 1986 (SA) at all times, regardless of whether the Principal issues direction in that regard or not.

40.6 The Contractor’s safety performance may be taken into account when the Principal is selecting a member of the Panel to provide the Services.

____________


GCC Services - MajorAnnexure

ANNEXURE

The Principal: (Clause 1) Minister for Transport Services.

The address of the Principal: Roma Mitchell House136 North TerraceADELAIDE 5000.

The Principal’s Representative: (Clause 5) Director, Asset Management, Public Transport Services.

The address of the Principal’s Representative: (Clause 5)

Roma Mitchell House136 North TerraceADELAIDE 5000.

Commencement Date of this Agreement:(Clause 4)

Date on the Letter of Acceptance .

Expiry Date of this Agreement:(Clause 4)

5 years from Commencement Date.

Period of Extended Term:(Clause 4)

Not Applicable.

The amount of Public Liability Insurance shall be not less than: (Clause 17)

$10 000 000

The amount of Professional Indemnity Insurance shall be not less than: (Clause 17)

$1 000 000

Payment will be by the method: (Clause 12.4) Lump Sum and Schedule of Rates.

___________


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APPLICATION FORM

TO THE EXECUTIVE DIRECTOR:

THE PROVISION OF RUST RECTIFICATION SERVICES FOR ADELAIDE METRO BUSES

(PANEL AGREEMENT)

I/We the undersigned, do hereby apply to perform the above mentioned works in accordance with the Invitation Documents.

Applicant’s Name ................................................................................................................................................(BLOCK LETTERS)

ACN ........................................................................... ABN ................................................................................

Address ...............................................................................................................................................................

Telephone No. ............................................................... Fax No. ......................................................................

Signature of Applicant ......................................................... Name ....................................................................

Position in Company ............................................. ..............................................................................................

Signature of Witness ...................................................... Name of Witness .......................................................

Dated the ......................................................................... day of ....................................................... 200 ..........

FOR OFFICE USE ONLY

.............Tender(s) opened on ........./........./......

by ...................................................... (........................................................)

in the presence of ..........................................................................................

(.....................................................................)

Tender No. .........

Examined:

Checked:

Date ......../....../......

Revision 0

APPLICATION FORM (CONTINUED)

DECLARATION IN RELATION TO UNLAWFUL COLLUSION

Re: DPTI 2011-255 The Provision of Rust Rectification Services for the Adelaide Metro Buses

I, ………………………………………….…………….of …………………………………………………………….[insert name and address of declarant]

do hereby declare as follows:

1. I hold the position of ………………………………………………………………………..within

…………………….. ……….………………….. ………………………………………(Tenderer) and that I am authorised to provide this declaration on its behalf.

2. I confirm that the tender submitted by the Tenderer is independent and that there has not been any unlawful collusion with any other tenderer or party in connection with this tender process. This clause does not apply to any formal joint venture contractual arrangement entered into between the Tenderer and any other person(s), the details of which have been provided to the Principal as part of the tender submitted by the Tenderer.

3. I confirm that the total value of the goods and/or services to be provided by subcontractors, to the extent known at the time of making this declaration, is $...................

4. Where subcontract work comprises more than 25% of the value of this tender, attached hereto is a complete list of all sub-contractors, the value, and the nature of the work to be provided under each sub-contract, to the extent known at the time of making this declaration.

5. I understand that if any part of this declaration is found to be false the Principal reserves the right (regardless of any subsequent dealings) to:

terminate negotiations with the Tenderer;

terminate consideration of the Tenderer’s bid; and

terminate any contract between the Tenderer and the Principal in relation to the Project without any obligation on the Principal to make any payment to the Tenderer.

………………………………………. ……../……../ 20 …Signature Date

Note: If the tender is submitted jointly with another party or parties, each party must sign this declaration.

SCHEDULE CHECKLIST FOR TENDER SUBMISSION

For each item please tick the box to indicate that the Schedule has been completed in accordance with Conditions of Submission Annexure A and included with your application.

1 Schedule of Rates. □2 Certificate of Currency of Public Liability Insurance. □3 Certificate of Currency of Professional Indemnity Insurance. □4 Statement of company experience. □5 Details of relevant experience. □6 Details of key personnel. □7 Detailed description of the equipment to be used. □8 Demonstrate that the facility and equipment is suitable to handle all size buses. □9 Evidence that equipment meets all legal, safety requirements and environmental

standards. □10 Describe methods and/or facilities for handling waste products and any certificates

required by the EPA. □11 Provide details of the organisation’s warranty policy. □12 Company Financial Information. □

…………………………… …………………..Applicant’s signature Date

DPTI 2011-255 The Provision of Rust Rectification Services for Adelaide Metro Buses Page 1Revision 0

SCHEDULE 1

SCHEDULE OF RATES

RATES SHALL BE EXCLUSIVE OF GST

ITEMNO.

DESCRIPTION RATE

1. Rust Rectification of MAN NL202/SL202/MIDI Bus (Appendix 5 – items A to D)

$(a)

2. Painting Corporate colours only, on various all white buses(Appendix 3)

$(a)

3. Hourly rate for repair of rust and other minor works $/hr(b)

Note

(a) Total amount in dollars for completed bus including materials.(b) Hourly rate for rust repairs and minor works including an allowance for consumables likely to be used for

these repairs.

…………………………… …………………..Applicant’s signature Date

DPTI 2011-255 The Provision of Rust Rectification Services for Adelaide Metro Buses Page 2Revision 0