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 Pennino
Telephone: (08) 7424 7993
Fax: (08) 7424 7999
E-mail: livio.pennino@sa.gov.au
Mobile: 0401 124 203
If the above person is unavailable, the enquiry may be directed to:
Mr Alan Castree
Telephone: (08) 7109 8024
Mobile: 0401 124 050
Fax: (08) 8343 2747
E-mail: alan.castree@sa.gov.au
APPLICATIONS MAY BE
EITHER:
Posted to GPO Box 1533, ADELAIDE SA 5001;
Delivered to 77 Grenfell Street, ADELAIDE SA 5000; or
Emailed to DPTI.Tenders@sa.gov.au
Note: 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.
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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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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Conditions for Submission of an Application
CONDITIONS FOR SUBMISSION OF AN APPLICATION
FOR 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;
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
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Conditions for Submission of an Application
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
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Conditions for Submission of an Application
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
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Statement of Requirements
STATEMENT OF REQUIREMENTS
CONTENTS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Scope and Nature of Agreement
Provision of Services
Definitions and Abbreviations
Time for Repairs
Materials
Standards
Associated Work Outside the Panel Agreement
Transport Of Buses to and from Contractor’s Premises
Inspections
Hold Points
Welded Fabrication
Material Cutting
Frame Painting
Exterior Painting
Corporate Colours
Bus Operator’s Equipment
Ticketing Equipment
Site Access
Liquidated Damages
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.
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Statement of Requirements
“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
APAS
DPTI
NATA
Australian Standard
Australian Paint Approval Scheme
Department of Planning Transport and Infrastructure
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:
Days 
HRS
83
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:
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Statement of Requirements
7.
(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 2312 Guide to the Protection of Iron and Steel Against Exterior Atmospheric Corrosion.
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 1
Contractor’s verification signature on the Bus Inspection Form as per Clause 9.1 “Initial Inspection”.
HOLD POINT 2
Inspection to allow the Principal to determine the amount of work required to perform the rust rectification
process.
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Statement of Requirements
HOLD POINT 3
Inspection to ensure the rust rectification repairs have been performed to the required standards.
HOLD POINT 4
Inspection to ensure that the repaired bus framework has been adequately protected from future corrosion.
HOLD POINT 5
Final 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 1
Contractor’s verification signature on the Bus Inspection Form as per Clause 9.1 “Initial Inspection”.
HOLD POINT 2
Final 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.
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Statement of Requirements
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
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Statement of Requirements
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
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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
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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
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Appendix 3
APPENDIX 3
WORK BRIEF FOR CORPORATE COLOURS ON ALL WHITE BUSES
MINIMUM WORK ASSOCIATED WITH PAINTING OF CORPORATE COLOURS
ON 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
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Appendix 4
APPENDIX 4
WORK BRIEF FOR CORPORATE COLOURS ON
NON-WHITE BUSES
MINIMUM WORK ASSOCIATED WITH
PAINTING 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.
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 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:
(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 5
APPENDIX 5
MINIMUM WORK ASSOCIATED WITH
RUST RECTIFICATION AND REFURBISHMENT OF MAN NL202 BUS FLOORS
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Appendix 5
APPENDIX 5
MINIMUM WORK ASSOCIATED WITH
RUST 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.
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)
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.
MANDATORY HOLD POINT 3
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".
MANDATORY HOLD POINT 4
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.
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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.
(9)
All remaining fittings and components shall be refitted ensuring that they are adjusted and operating
correctly.
(10) The bus shall be cleaned and detailed.
(11) The bus shall be fully operational on completion.
MANDATORY HOLD POINT 5
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.
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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)
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Appendix 7
APPENDIX 7
BUS INSPECTION FORM – MAN SL 202 Buses
(Refer Separate File obtained by contacting a Contact Officer listed on the front cover page of this Invitation)
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Appendix 8
APPENDIX 8
BUS INSPECTION FORM – MAN MIDI HOCL Buses
(Refer Separate File obtained by contacting a Contact Officer listed on the front cover page of this Invitation)
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Appendix 9
APPENDIX 9
CUSTOMER INFORMATION STANDARDS 2012
(Refer Separate File obtained by contacting a Contact Officer listed on the front cover page of this Invitation)
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Appendix 10
APPENDIX 10
PROPOSED BUS BODY RECTIFICATION WORK BY DPTI - 2012/2017
(For Information Only)
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Appendix 10
APPENDIX 10
PROPOSED BUS BODY RECTIFICATION WORK BY DPTI - 2012/2017
(For Information Only)
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
Works
APPLICATION OF
CORPORATE
COLOURS
Minor
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
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
20 Floor Replacements
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Appendix 11
APPENDIX 11
LOCATION OF BUSES OWNED BY THE PRINCIPAL
(For Information Only)
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Appendix 11
APPENDIX 11
LOCATION OF BUSES OWNED BY THE PRINCIPAL
BUS OPERATOR
DEPOT
LONSDALE DEPOT
ADDRESS
21 Krawarri Street
LONSDALE SA
SOUTHLINK
ELIZABETH DEPOT
Ridgeway Road
ELIZABETH WEST SA
ALDGATE DEPOT
ALDGATE SA
TRANSITPLUS
MILE END DEPOT
71 Richmond Road
MILE END SA
TORRENS TRANSIT
TORRENS TRANSIT
300 – 308 Mt Barker Road
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
TRANSFIELD
SERVICES
ST AGNES DEPOT
171 Morphett Road
MORPHETTVILLE SA
1146 North East Road
ST AGNES SA
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PANEL AGREEMENT
FOR
THE PROVISION OF SERVICES
DPTI Rust Rectification for Public Buses (Panel Agreement)
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Panel Agreement - Services
CONTENTS
1.
OBJECTIVES AND SCOPE .......................................................................................................................... 3
2.
DEFINITIONS ................................................................................................................................................ 3
3.
INTERPRETATION ....................................................................................................................................... 5
4.
TERM ............................................................................................................................................................. 5
5.
ADMINISTRATION ...................................................................................................................................... 5
6.
QUOTATIONS ............................................................................................................................................... 6
7.
CONTRACTOR’S OBLIGATIONS .............................................................................................................. 6
8.
NON-COMPLIANCE ..................................................................................................................................... 6
9.
Reserved .......................................................................................................................................................... 7
10.
Reserved .......................................................................................................................................................... 7
11.
Reserved .......................................................................................................................................................... 7
12.
PRICES ........................................................................................................................................................... 7
13.
GST ................................................................................................................................................................. 8
14.
PAYMENT ARRANGEMENTS .................................................................................................................... 8
15.
INTELLECTUAL PROPERTY RIGHTS ...................................................................................................... 8
16.
INDEMNITY .................................................................................................................................................. 9
17.
INSURANCE .................................................................................................................................................. 9
18.
CONFIDENTIAL INFORMATION............................................................................................................. 10
19.
DISCLOSURE OF CONTRACT.................................................................................................................. 10
20.
CONFLICTS OF INTEREST ....................................................................................................................... 10
21.
FORCE MAJEURE ...................................................................................................................................... 11
22.
REMEDIES ................................................................................................................................................... 11
23.
TERMINATION ........................................................................................................................................... 11
24.
EFFECT OF EXPIRY OR TERMINATION OF THIS AGREEMENT ...................................................... 11
25.
SUB-CONTRACTING ................................................................................................................................. 12
26.
COMPLIANCE WITH LAWS AND POLICIES ......................................................................................... 12
27.
RESOLUTION OF DISPUTES .................................................................................................................... 12
28.
PUBLICITY .................................................................................................................................................. 13
29.
Reserved ........................................................................................................................................................ 13
30.
ENTIRE AGREEMENT ............................................................................................................................... 13
31.
MODIFICATION OF CONTRACT ............................................................................................................. 13
32.
WAIVER ....................................................................................................................................................... 13
33.
SEVERANCE ............................................................................................................................................... 13
34.
READING DOWN ....................................................................................................................................... 13
35.
COSTS .......................................................................................................................................................... 14
36.
NOTICES ...................................................................................................................................................... 14
37.
NO ASSIGNMENT ...................................................................................................................................... 14
38.
VARIATION TO THE PROVISION OF SERVICES ................................................................................. 14
39.
RELATIONSHIP .......................................................................................................................................... 15
40.
OCCUPATIONAL HEALTH AND SAFETY ............................................................................................. 16
ANNEXURE ............................................................................................................................................................... 17
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1.
Panel Agreement - Services
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;
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Panel Agreement - Services
“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";
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Panel Agreement - Services
“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)
(b)
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;
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.
5.1
ADMINISTRATION
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.
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Panel Agreement - Services
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.
6.1
QUOTATIONS
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
7.
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.
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
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Panel Agreement - Services
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.
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13.1
Panel Agreement - Services
GST
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
14.
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.
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.
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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
16.
16.1
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.
INDEMNITY
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.
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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.
20.1
CONFLICTS OF INTEREST
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.
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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.
21.1
FORCE MAJEURE
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;
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(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
26.
The Contractor shall remain responsible for obligations performed by subcontractors to the same extent as
if such obligations were performed by the Contractor.
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.
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(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.
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Panel Agreement - Services
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.
36.1
NOTICES
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:
37.
(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.
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.
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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.
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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.
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Annexure
ANNEXURE
The Principal: (Clause 1)
Minister for Transport Services.
The address of the Principal:
Roma Mitchell House
136 North Terrace
ADELAIDE 5000.
The Principal’s Representative: (Clause 5)
Director, Asset Management, Public Transport Services.
The address of the Principal’s Representative:
(Clause 5)
Roma Mitchell House
136 North Terrace
ADELAIDE 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 ........./........./......
Tender No. .........
by ......................................................
Examined:
(........................................................)
in the presence of ..........................................................................................
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.
……………………………………….
Signature
……../……../ 20 …
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
DPTI 2011-255 The Provision of Rust Rectification Services for Adelaide Metro Buses
Revision 0
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Date
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SCHEDULE 1
SCHEDULE OF RATES
RATES SHALL BE EXCLUSIVE OF GST
ITEM
NO.
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
DPTI 2011-255 The Provision of Rust Rectification Services for Adelaide Metro Buses
Revision 0
…………………..
Date
Page 2