Contract 200915 Road Maintenance Trucks 2...road maintenance trucks and the trade or outright sale...

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GLENELG SHIRE COUNCIL SUPPLY AND DELIVERY OF TWO (2) ROAD MAINTENANCE TRUCKS AND SALE OF COUNCIL’S TWO(2) MAINTENANCE TRUCKS INVITATION TO TENDER Contract No. 200915 SEPTEMBER 2009

Transcript of Contract 200915 Road Maintenance Trucks 2...road maintenance trucks and the trade or outright sale...

Page 1: Contract 200915 Road Maintenance Trucks 2...road maintenance trucks and the trade or outright sale of two(2) existing Glenelg Shire Council maintenance trucks. TYPE OF CONTRACT The

GLENELG SHIRE COUNCIL

SUPPLY AND DELIVERY OF TWO (2) ROAD

MAINTENANCE TRUCKS AND SALE OF

COUNCIL’S TWO(2) MAINTENANCE TRUCKS

INVITATION TO TENDER

Contract No. 200915

SEPTEMBER 2009

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CONTRACT NO. 200915

SUPPLY AND DELIVERY OF TWO (2) ROAD MAINTENANCE TRUCKS AND SALE OF COUNCIL’S TWO (2) MAINTENANCE TRUCKS

GLENELG SHIRE COUNCIL BOX 152, PORTLAND VIC 3305

CONTRACT NO. 200915

SUPPLY AND DELIVERY OF TWO (2) ROAD MAINTENANCE

TRUCKS AND SALE OF COUNCIL’S TWO(2) MAINTENANCE

TRUCKS

INVITATION TO TENDER

LUMP SUM CONTRACT

The Glenelg Shire Council invites Tenders for the supply and delivery of two (2) road maintenance trucks and the trade or outright sale of two(2) existing Glenelg Shire Council maintenance trucks. TYPE OF CONTRACT

The Contract will be a Lump Sum Contract not subject to rise and fall in prices. CLOSING OF TENDERS

Tenders shall be lodged in the Tender Box at the Portland Customer Service Centre by 3.00 p.m. on Thursday 29 October 2009.

Further details can be found in Tendering Conditions - Schedule 1. ENQUIRIES

Any enquiries regarding this Invitation to Tender may be directed to: Norm Mutch

Supervising Mechanic Ph: (03) 55271436 Mob: 0408 324 529 Email – [email protected]

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CONTRACT NO. 200915

SUPPLY AND DELIVERY OF TWO (2) ROAD MAINTENANCE TRUCKS AND SALE OF COUNCIL’S TWO (2) MAINTENANCE TRUCKS

GLENELG SHIRE COUNCIL BOX 152, PORTLAND VIC 3305

TABLE OF CONTENTS

SECTION 1

TENDERING CONDITIONS 13… PAGES

SECTION 2

FORM OF AGREEMENT 4… PAGES

SECTION 3

GENERAL CONDITIONS FOR THE SUPPLY OF GOODS

11… PAGES

SECTION 4

SPECIFICATION 6... PAGES

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GLENELG SHIRE COUNCIL

SUPPLY AND DELIVERY OF TWO (2) ROAD

MAINTENANCE TRUCKS AND SALE OF

COUNCIL’S TWO (2) MAINTENANCE TRUCKS

Contract No. 200915

SECTION 1 - TENDERING CONDITIONS

SEPTEMBER 2009

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CONTRACT NO. 200915 SECTION 1 – TENDERING CONDITIONS

SUPPLY AND DELIVERY OF TWO (2) MAINTENANCE TRUCKS AND SALE OF COUNCIL’S TWO (2) MAINTENANCE TRUCKS

GLENELG SHIRE COUNCIL i

PO BOX 152, PORTLAND VIC 3305

CONTENTS

Page No. 1. INTRODUCTION .................................................................................................................................1

1.1. Nature of Contract.............................................................................................................1 1.2. Interpretation.......................................................................................................................1 1.3. Definitions .............................................................................................................................1 1.4. Location of Services ...........................................................................................................2 1.5. Contact Person...................................................................................................................2

2. TENDERS..............................................................................................................................................2 2.1. Contents of Tender.............................................................................................................2 2.2. Place to Lodge Tenders ....................................................................................................2 2.3. Lodgement of Tenders ......................................................................................................2 2.4. Time for Lodging Tenders ..................................................................................................3 2.5. Number of Copies ..............................................................................................................3 2.6. Late Tenders ........................................................................................................................3 2.7. Council not Bound to Accept Tender............................................................................3 2.8. Non-Conforming Tenders..................................................................................................3 2.9. Withdrawal of Tenders .......................................................................................................3 2.10. No Collateral Contract......................................................................................................3

3. LODGING AN ALTERNATIVE TENDER .............................................................................................3 3.1. Tenderer must also lodge conforming tender..............................................................3 3.2. Details required for alternative tender ...........................................................................3 3.3. Consideration of alternative tender ...............................................................................4 3.4. Conditions applicable to alternative tenders...............................................................4

4. POST TENDER SUBMISSION...............................................................................................................4 5. EVALUATION OF TENDERS ...............................................................................................................4

5.1. General.................................................................................................................................4 5.2. Evaluation Criteria ..............................................................................................................4 5.3. Rectification of Errors and Omissions ..............................................................................4

6. ACCEPTANCE OF TENDERS.............................................................................................................5 6.1. Acceptance of Tender .....................................................................................................5

7. DISCLOSURE OF TENDER INFORMATION.......................................................................................5 8. INSURANCE ........................................................................................................................................5 9. PAYMENTS ..........................................................................................................................................5

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CONTRACT NO. 200915 SECTION 1 – TENDERING CONDITIONS

SUPPLY AND DELIVERY OF TWO (2) MAINTENANCE TRUCKS AND SALE OF COUNCIL’S TWO (2) MAINTENANCE TRUCKS

GLENELG SHIRE COUNCIL

PO BOX 152, PORTLAND VIC 3305 Page 1

SECTION 1 – TENDERING CONDITIONS

1. INTRODUCTION

1.1. Nature of Contract This Contract is for the supply and delivery of two(2) road maintenance trucks and the sale of Council’s two(2) existing maintenance trucks. The Contract, for which a Tender in accordance with these Tendering Conditions (hereinafter called "Tendering Conditions") is invited, is a Lump Sum Contract. All work performed under it shall be in accordance with the Tender Documents as defined hereunder.

1.2. Interpretation In these Tendering Conditions and the documents comprising the Tender as defined hereunder words and expressions shall have the same meanings as are assigned to them in the General Conditions of Contract and the following words and expressions shall have the meanings hereby assigned to them except where the context otherwise requires:

"Tender" means the documents comprising the Tender Documents completed and executed by or on behalf of the Tenderer and received by the Glenelg Shire Council in accordance with these Tendering Conditions;

"The Tender Documents" means the documents comprising these Tendering Conditions and the Schedules thereto including the Tender Form, the General Conditions of Contract, the Special Conditions of Contract, the Specification, the Drawings, and any and all drawings, written statements, and schedules required by any of the aforesaid documents to be or otherwise submitted by the Tenderer;

"Tenderer" means the person or persons identified as such on the Tender Form and includes all persons on whose behalf the person named therein may be deemed to have lodged the Tender.

1.3. Definitions In these Tendering Conditions, the following terms have the meanings indicated, unless inconsistent with the context:

"Closing Time for Tenders" has the meaning ascribed to it by Clause 2.4;

"Conforming Tender" means a tender which is not a Non-Conforming Tender;

“Contact Person” means the member or members of Council staff nominated in Clause 1.5;

“Contract” means the contract, if any, under which the Contractor is engaged by Council to perform the Works or Supply the Goods.

“Contractor” means the successful Tenderer, if any, contracted by Council to perform the Works or Supply the Goods.

“Council” means the Glenelg Shire Council;

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CONTRACT NO. 200915 SECTION 1 – TENDERING CONDITIONS

SUPPLY AND DELIVERY OF TWO (2) MAINTENANCE TRUCKS AND SALE OF COUNCIL’S TWO (2) MAINTENANCE TRUCKS

GLENELG SHIRE COUNCIL

PO BOX 152, PORTLAND VIC 3305 Page 2

"the Guidelines" has the meaning ascribed to it by Clause 8.4;

"Non-Conforming Tender" means any tender which;

i. does not comply with the requirements of Clause 2.1; and / or

ii. contains any qualification, condition or other indication that the Tenderer is not willing to perform the Contract in strict accordance with the Tender Documents;

"Schedule" means a schedule to these Tendering Conditions; and

"the Tender Box" has the meaning ascribed to it by Clause 2.2.

1.4. Location of Services The works are to be performed at the location stated in Schedule 1.

1.5. Contact Person All enquires regarding the tender process or the Contract must be directed to the member or members of council's staff specified in Schedule 1.

2. TENDERS

2.1. Contents of Tender To submit a conforming Tender, the Tenderer shall comply with these Tendering Conditions.

The Tender shall be signed by the Tenderer or by a duly authorized representative of the Tenderer and be submitted on the Form of Tender together with the Schedules, written statements and information required to be lodged by the Tenderer completed and signed by the Tenderer or by a duly authorized representative of the Tenderer. The Tenderer shall provide those schedules marked with ** with the Tender. All other Schedules are to be submitted after the close of Tenders within five working days of a written request from council to do so.

(a) Schedules - Incorporated into the Contract

**Schedule Two - Tender Form

**Schedule Three – Schedule of Prices

**Schedule Four – Tender Details

(b) Schedules - For information only

Schedule One - Tender Information

2.2. Place to Lodge Tenders Tenders are to be lodged only in the Tender Box, at the place stated in Schedule 1 ("the Tender Box").

2.3. Lodgement of Tenders The Tender shall be enclosed in a sealed plain envelope marked in the manner described in Schedule 1 (“Tender Envelope Marking”).

Tenders can be posted to “Glenelg Shire Council, PO Box 152, Portland 3305” or placed in the Tender Box.

*** No Facsimile or other electronic form of tender will be accepted ***

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CONTRACT NO. 200915 SECTION 1 – TENDERING CONDITIONS

SUPPLY AND DELIVERY OF TWO (2) MAINTENANCE TRUCKS AND SALE OF COUNCIL’S TWO (2) MAINTENANCE TRUCKS

GLENELG SHIRE COUNCIL

PO BOX 152, PORTLAND VIC 3305 Page 3

2.4. Time for Lodging Tenders Tenders will be received in the Tender Box only until the time and date stated in Schedule 1 ("Closing Time for Tenders") or such other time and date as may be advised by Council in writing prior to the Closing Time for Tenders.

2.5. Number of Copies The number of copies of the tender stated in Schedule 1 must be lodged in the Tender Box.

2.6. Late Tenders Council will not consider late tenders.

2.7. Council not Bound to Accept Tender Council is not bound to accept the lowest or any tender.

2.8. Non-Conforming Tenders Without limiting Council’s rights under Clause 2.7, Council reserves the right to accept or reject any Non-Conforming Tender.

A Tenderer submitting a non conforming tender shall fully detail in the Schedule headed "Statement of Conformance" any variance from the tender documents.

Council will not negotiate prices in relation to non-conformances. Tendered prices will not be increased if non-conformances or conditions are deemed unacceptable unless they are priced with the tender (see Schedule Ten "Statement of Conformance"). Where unacceptable non-conformances are not priced the non-conforming tender may not be further considered.

2.9. Withdrawal of Tenders Tenders may not be withdrawn within 60 days after Closing Time for Tenders without the consent of Council.

2.10. No Collateral Contract The submission of a tender by a Tenderer will not give rise to any contract governing, or in any way concerning, the tender process, or any aspect of the tender process, for the Contract. Council expressly disclaims any intention to enter into any such contract.

3. LODGING AN ALTERNATIVE TENDER

3.1. Tenderer must also lodge conforming tender The Tenderer may lodge an alternative tender as long as it also lodges a conforming tender.

A separate Tender Form must be submitted for each alternative tender with accompanying schedules that may be appropriate.

3.2. Details required for alternative tender If an alternative tender is submitted, the Tenderer must:

• show how it differs from the Tender Documents

• show that the alternative tender satisfies the design and performance criteria on which the Tender Documents rely

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CONTRACT NO. 200915 SECTION 1 – TENDERING CONDITIONS

SUPPLY AND DELIVERY OF TWO (2) MAINTENANCE TRUCKS AND SALE OF COUNCIL’S TWO (2) MAINTENANCE TRUCKS

GLENELG SHIRE COUNCIL

PO BOX 152, PORTLAND VIC 3305 Page 4

• detail and quantify the advantages which the alternative tender offers to Glenelg Shire

• identify the effects of the alternative tender on the Tender Price and the Tender Program

• propose milestones for the submission of further drawings and specifications.

3.3. Consideration of alternative tender Council may consider the Tenderer's alternative tender even though the Tenderer's conforming tender is not the lowest in price.

3.4. Conditions applicable to alternative tenders Council may impose conditions on the acceptance of an alternative tender in addition to the conditions set out in the Tender Documents. This does not limit Glenelg Shire Council's right to accept any tender conditionally.

4. POST TENDER SUBMISSION Notwithstanding any other requirement of the Tender Documents, Council may require a Tenderer to submit additional information concerning the Tender before any Tender is accepted.

Should the Tenderer fail to submit the Schedules or any of the information so required by the date and time stipulated by council, the Tender may not be further considered.

5. EVALUATION OF TENDERS

5.1. General Council will award the tender on the basis of the best quality and value for money for the community. In determining the best quality and value for money for the community, council will have regard to the report prepared by the tender evaluation panel and any other factors that it considers relevant.

In evaluating tenders the tender evaluation panel will consider all the Schedules, written statements and information lodged by the Tenderer. Consideration will also be given to the likely effect of, in accordance with the Contract, Variations or Delay in Completion for which council might be responsible and for variation in Provisional Quantities.

5.2. Evaluation Criteria The tender evaluation panel will evaluate tenders in accordance with

evaluation criteria listed in Schedule 1.

5.3. Rectification of Errors and Omissions Council reserves the right to:

(i) check tenders for errors and omissions;

(ii) by agreement with a Tenderer, amend a tender price or rate submitted by a Tenderer to remedy the effect of any errors or omissions in the calculation of the tender price or rate; and

(iii) by agreement with a Tenderer, otherwise amend the tender of the Tenderer to remedy the effect of any errors or omissions.

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CONTRACT NO. 200915 SECTION 1 – TENDERING CONDITIONS

SUPPLY AND DELIVERY OF TWO (2) MAINTENANCE TRUCKS AND SALE OF COUNCIL’S TWO (2) MAINTENANCE TRUCKS

GLENELG SHIRE COUNCIL

PO BOX 152, PORTLAND VIC 3305 Page 5

6. ACCEPTANCE OF TENDERS

6.1. Acceptance of Tender Notification of acceptance of a tender by council shall be advised to the successful Tenderer only by a notice in writing. The date of acceptance of tender shall be deemed to be the date which appears on the notice in writing of acceptance of the Tender.

The notification of the acceptance of tender will create a contract between the parties on the basis of the successful Tenderer's tender and the Contract Documents.

7. DISCLOSURE OF TENDER INFORMATION The Freedom of Information Act 1982 gives members of the public rights of access to information in the possession of the Government and its agencies, limited only by exemptions and exceptions required for the protection of essential public interests and private and business affairs of persons in respect of whom information is collected and held by the Government and its agencies.

Until the Contract is awarded council shall endeavour to maintain confidentiality of price and other information submitted by the Tenderer. Following award, unsuccessful Tenderers will be notified of the name of the successful Tenderer, a general contract description and the total price. No other information regarding the successful tender will be provided. No information will be released regarding unsuccessful tenders.

8. INSURANCE This Contract requires the provision of insurance cover as per the General Conditions for the supply of goods – Clause 15.

9. PAYMENTS

Tenderers are advised that all payments due to the Contractor for supply of goods, works or services provided under this Contract will be made by EFT or Cheque.

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CONTRACT NO. 200915 SECTION 1 – TENDERING CONDITIONS

SUPPLY AND DELIVERY OF TWO (2) MAINTENANCE TRUCKS AND SALE OF COUNCIL’S TWO (2) MAINTENANCE TRUCKS

GLENELG SHIRE COUNCIL

PO BOX 152, PORTLAND VIC 3305 Page 6

SCHEDULE ONE

TENDER INFORMATION

The Services to be provided under the Contract are:

SUPPLY AND DELIVERY OF TWO (2) ROAD MAINTENANCE TRUCKS AND SALE OF

COUNCIL’S TWO (2) MAINTENANCE TRUCKS - CONTRACT NO. 200915

The location at which the Services are to be provided under the Contract is

(Clause 1.4):

GLENELG SHIRE COUNCIL DEPOT, BEAVIS STREET, HEYWOOD.

The member or members of council's staff is or are (Clause 1.5):

GROUP MANAGER ASSETS AND INFRASTRUCTURE OR HIS NOMINATED REPRESENTATIVE.

Nominated Representative:

Mr Norm Mutch – Supervising Mechanic Ph: 03 55271436, Mob: 0408 324 529

The location of the Tender Box is (Clause 2.2):

PORTLAND CUSTOMER SERVICE CENTRE

GLENELG SHIRE COUNCIL

CLIFF STREET

PORTLAND.

Tender Envelope Marking (Clause 2.3):

“DO NOT OPEN – ATTENTION: TENDER BOX”

“CONFIDENTIAL – SUPPLY AND DELIVERY OF TWO (2) ROAD MAINTENANCE TRUCKS AND SALE OF COUNCIL’S TWO(2) MAINTENANCE TRUCK - CONTRACT NO. 200915”

Closing Time for Tenders (Clause 2.4):

3.00pm, Thursday 29th October 2009

The number of copies of the tender to be lodged in the Tender Box is (Clause 2.5):

One (1)

The evaluation criteria are (Clause 7.2):

• Tendered Price.

• Product Support.

• Warranty & Features.

• Maintenance and Servicing requirement.

The details of the employment subsidy, if any, which council intends to make are

(Clause 7.4): Nil

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CONTRACT NO. 200915 SECTION 1 – TENDERING CONDITIONS

SUPPLY AND DELIVERY OF MAINTENANCE TRUCKS (2) AND SALE OF COUNCIL’S MAINTENANCE TRUCKS (2)

GLENELG SHIRE COUNCIL

PO BOX 152, PORTLAND VIC 3305 Page 7

SCHEDULE TWO

TENDER FORM

(To be submitted with Tender)

TO: Glenelg Shire Council (“Principal”)

I/we the undersigned do hereby tender to undertake, carry out and complete the work under the Contract for:

SUPPLY AND DELIVERY OF TWO (2) ROAD MAINTENANCE TRUCKS AND SALE OF

COUNCIL’S TWO (2) MAINTENANCE TRUCKS - CONTRACT NO. 200915

In accordance with the following Documents:

TENDERING CONDITIONS AND TENDER SCHEDULES GENERAL CONDITIONS FOR THE PURCHASE OF GOODS SPECIFICATION

For the Lump Sum (inclusive of GST) Price/s as detailed on the submitted Schedules 3 and 4, and to otherwise comply with the Contract and the General Conditions of the Supply of Goods.

I/we hereby release council and its Agents from any claim in relation to or connected with the Conditions of Tendering, the Tender information, the issuing of the Invitation, the consideration of the Tenders or the awarding of the Contract (including any claim by reason of any negligence, default or lack of care).

I/we submit this Tender in accordance with the attached Conditions of Tendering and hereby give the Tender Warranties referred to therein. I/we agree to be bound by the Conditions of Tendering in exchange for Council investigating and considering this Tender with others received by Council.

Dated this ______________________ day ___________________ month in the year 2007

Full name of Tenderer _______________________________________________________

Australian Company Number (A.C.N) ________________________________________

Australian Business Number (A.B.N) __________________________________________

Telephone No: ________________________ Facsimile No: _______________________

Address of Tenderer for service of notices: ___________________________________

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CONTRACT NO. 200915 SECTION 1 – TENDERING CONDITIONS

SUPPLY AND DELIVERY OF MAINTENANCE TRUCKS (2) AND SALE OF COUNCIL’S MAINTENANCE TRUCKS (2)

GLENELG SHIRE COUNCIL

PO BOX 152, PORTLAND VIC 3305 Page 8

If the Tenderer is a company, it must execute this tender under seal:

THE COMMON SEAL of )

)

was hereunto affixed in accordance with its ) Articles of Association in the presence of: )

Director

Secretary

If the Tenderer is a sole trader or partnership, the names and addresses of the

individual members are:

(1) _________________________________________________________________________

(2) _________________________________________________________________________

(3) _________________________________________________________________________ Name and position of person submitting Tender for and on behalf and with the authority of the Tenderer:

Name: _____________________________________________________________________

Position: ____________________________________________________________________

Telephone No: ________________________ Facsimile No: ______________________

Signature of person submitting Tender: ______________________________________

Witness: ____________________________________________________________________

If the Tenderer is a body corporate other than a company, the appropriate sealing

clause must be inserted

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CONTRACT NO. 200915 SECTION 1 – TENDERING CONDITIONS

SUPPLY AND DELIVERY OF MAINTENANCE TRUCKS (2) AND SALE OF COUNCIL’S MAINTENANCE TRUCKS (2)

GLENELG SHIRE COUNCIL

PO BOX 152, PORTLAND VIC 3305 Page 9

If the Tenderer is an individual:

SIGNED SEALED AND DELIVERED

by )

in the presence of: )

Witness

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CONTRACT NO. 200915 SECTION 1 – TENDERING CONDITIONS

SUPPLY AND DELIVERY OF MAINTENANCE TRUCKS (2) AND SALE OF COUNCIL’S MAINTENANCE TRUCKS (2)

GLENELG SHIRE COUNCIL

PO BOX 152, PORTLAND VIC 3305 Page 10

SCHEDULE THREE

SCHEDULE OF PRICES

(To be submitted with Tender)

Contract No : 200915 SUPPLY AND DELIVERY OF TWO (2) ROAD MAINTENANCE TRUCKS AND SALE OF COUNCIL’S TWO (2) EXISTING MAINTENANCE TRUCKS

Option (A): Supply and Delivery of two(2) Road Maintenance Trucks (2) and Sale of Council’s Maintenance Trucks (With or Without Trade-In)

DESCRIPTION PRICE

ITEM CAB CHASSIS BODY & TRAILER

MAKE MODEL MAKE MODEL / TYPE DETAIL COMPLETE UNIT Tender Price (no trade) (incl GST) $ Tender Price (with trade-in) (incl GST) $ Less trade-in price $ Total (incl GST and Stamp Duty) $

1.

GST Component $ Tender Price (no trade) (incl GST) $ Tender Price (with trade-in) (incl GST) $ Less trade-in price $ Total (incl GST and Stamp Duty) $

2.

GST Component $ Tender Price (no trade) (incl GST) $ Tender Price (with trade-in) (incl GST) $ Less trade-in price $ Total (incl GST and Stamp Duty) $

3.

GST Component $ Name of Tenderer:............................................................................................................... Signature of Tenderer:.....................................................................................

Address of Tenderer:............................................................................................................ Date:......................................................

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CONTRACT NO. 200915 SECTION 1 – TENDERING CONDITIONS

SUPPLY AND DELIVERY OF MAINTENANCE TRUCKS (2) AND SALE OF COUNCIL’S MAINTENANCE TRUCKS (2)

GLENELG SHIRE COUNCIL

PO BOX 152, PORTLAND VIC 3305 Page 11

SCHEDULE THREE

SCHEDULE OF PRICES

(To be submitted with Tender)

Contract No : 200915 SUPPLY AND DELIVERY OF TWO (2) ROAD MAINTENANCE TRUCKS AND SALE OF COUNCIL’S TWO (2) EXISTING MAINTENANCE TRUCKS

Option (B): Outright Purchase of Council’s Existing Maintenance Trucks.

MAKE REGISTRATION PURCHASE PRICE

(Incl GST)

Izusu 500 PDR-207 $

Price in words:

Izusu 400 PPF-731 $

Price in words:

*PLEASE NOTE

1. The items listed above will be sold unregistered ”as is” with Tenderers to submit prices as set out in the Schedule.

2. If outright purchase offer is accepted the existing Council unit will not be available until the new replacement unit is delivered to Council.

Name of Tenderer:............................................................................................................... Signature of Tenderer:.....................................................................................

Address of Tenderer:............................................................................................................ Date:......................................................

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CONTRACT NO. 200915 SECTION 1 – TENDERING CONDITIONS

SUPPLY AND DELIVERY OF MAINTENANCE TRUCKS (2) AND SALE OF COUNCIL’S MAINTENANCE TRUCKS (2)

GLENELG SHIRE COUNCIL

PO BOX 152, PORTLAND VIC 3305 Page 12

SCHEDULE FOUR

TENDER DETAILS

(To be submitted with Tender)

1. Name of Tenderer:

2. Address:

3. Telephone Number:

4. Contact:

Truck Tendered

5. Make

6. Model

7. Build Date

8. Tare Weight

9. GVM

10. GCM

11(a) Cubic meter capacity of body

12 Wheel Base mm

Engine Details

13. Make

14. Model

15. Type

16. Engine Displacement

17. Engine Capacity (HP)

18. Power (KW@RPM)

19. Torque (NM@RPM)

19(a) No of Cylinders

19(b) Fuel Economy

Warranty

20 (a) Standard Warranty

(b) Extended Warranty Option Years Cost

Transmission

21. Type

22. Number of Gears Max Reverse Speed Low kmh Max Reverse Speed High kmh

23. Differential Driveline Capacity/Rating Tones

Suspension

24. Type

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CONTRACT NO. 200915 SECTION 1 – TENDERING CONDITIONS

SUPPLY AND DELIVERY OF MAINTENANCE TRUCKS (2) AND SALE OF COUNCIL’S MAINTENANCE TRUCKS (2)

GLENELG SHIRE COUNCIL

PO BOX 152, PORTLAND VIC 3305 Page 13

Brakes

25 Type

Tyres

26. Brand

27. Size

28. Type

Fuel

29. Fuel Tank Capacity (Litres)

30. Approximate Fuel Consumption and economy

31. Air Conditioning

32. Cabin Noise Rating (DBA)

33. Tenders to Provide an Estimated Economical Life: Kilometre: Years:

(Provide detailed information)

34. Recent Sales Numbers of Tendered Trucks: Vic: Australia:

35. Owner List of Similar Tendered Product

36. Owner Name: Contact Name: Telephone No:

Castrol Equivalent

Compartment Compartment

Capacity

API Spec

International

Castrol

Sample: Engine 22.5lt CH1-4/5J RX Super

Truck Tender – Options

Tenderers are invited to submit separate prices for optional extras including:-

Model options Cabin Options

Name of Tenderer: ...............................................................................................................................

Signature of Tenderer: ............................................................. Date: .........................................

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GLENELG SHIRE COUNCIL

SUPPLY AND DELIVERY OF TWO (2) ROAD

MAINTENANCE TRUCKS AND SALE OF

COUNCIL’S TWO (2) MAINTENANCE TRUCKS

Contract No. 200915

SECTION 2 - FORM OF AGREEMENT

Note: Only to be completed by the successful Contractor after tender

acceptance.

SEPTEMBER 2009

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CONTRACT NO. 200915 SECTION 2 – FORM OF AGREEMENT

SUPPLY AND DELIVERY OF TWO (2) ROAD MAINTENANCE TRUCKS AND SALE OF COUNCIL’S TWO (2) MAINTENANCE TRUCKS

GLENELG SHIRE COUNCIL BOX 152, PORTLAND VIC 3305 Page 1

THIS DEED is made on _______________________

BETWEEN

GLENELG SHIRE COUNCIL

of Cliff Street, Portland, Victoria ("the Principal")

- and -

__________________________________

of __________________________________ ("the Contractor")

It is agreed that the General Conditions for the Supply of Goods, the Specification and the Tendering Conditions together with all Schedules and the Tender, each marked “Contract No. 200915 – “SUPPLY AND DELIVERY OF TWO (2) ROAD MAINTENANCE TRUCKS AND SALE OF COUNCIL’S TWO (2)

MAINTENANCE TRUCKS” together comprise and evidence the Contract between the parties.

Executed as a deed by the parties on the date set out at the commencement of this Form of Agreement:

1. Execution clause for the Council (insert appropriate execution clause):

SIGNED for and on behalf of the )

GLENELG SHIRE COUNCIL )

_____________________________________ (Signature)

_____________________________________ (Name & Title)

________________________(Date)

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CONTRACT NO. 200915 SECTION 2 – FORM OF AGREEMENT

SUPPLY AND DELIVERY OF TWO (2) ROAD MAINTENANCE TRUCKS AND SALE OF COUNCIL’S TWO (2) MAINTENANCE TRUCKS

GLENELG SHIRE COUNCIL BOX 152, PORTLAND VIC 3305 Page 2

2. Execution clause for Contractor (strike out alternatives which are not applicable):

2.1. If the Contractor is a company, it must execute this Contract under seal:

THE COMMON SEAL OF ) )

was hereunto affixed in accordance with its Articles of Association in the presence of:

) ) ) )

Director

Secretary

2.2. If the Contractor is a body corporate other than a company, the appropriate sealing clause should be inserted:

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CONTRACT NO. 200915 SECTION 2 – FORM OF AGREEMENT

SUPPLY AND DELIVERY OF TWO (2) ROAD MAINTENANCE TRUCKS AND SALE OF COUNCIL’S TWO (2) MAINTENANCE TRUCKS

GLENELG SHIRE COUNCIL BOX 152, PORTLAND VIC 3305 Page 3

2.3. Contractor is a partnership, (add extra execution clauses as necessary):

SIGNED SEALED AND DELIVERED

by

) ) )

in the presence of:

Witness

SIGNED SEALED AND DELIVERED

by

) ) )

in the presence of:

Witness

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GLENELG SHIRE COUNCIL BOX 152, PORTLAND VIC 3305

GLENELG SHIRE COUNCIL

SUPPLY AND DELIVERY OF TWO (2)

ROAD MAINTENANCE TRUCKS AND

SALE OF COUNCIL’S TWO (2)

MAINTENANCE TRUCKS

Contract No. 200915

SECTION 3 - GENERAL CONDITIONS

FOR THE SUPPLY OF GOODS

SEPTEMBER 2009

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CONTRACT NO. 200915 SECTION 3 – GENERAL CONDITIONS SUPPLY AND DELIVERY OF TWO (2) ROAD MAINTENANCE TRUCKS AND SALE OF COUNCIL’S TWO (2) MAINTENANCE TRUCKS

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TABLE OF CONTENTS

Page No. 1. CONSTRUCTION OF CONTRACT ....................................................................................................2 2. DEFINITIONS........................................................................................................................................2 3. EVIDENCE OF CONTRACT ...............................................................................................................2 4. NOTICES..............................................................................................................................................3 5. CONTRACTOR TO HAVE INFORMED ITSELF ..................................................................................3 6. COMPLYING WITH STATUTORY REQUIREMENTS ...........................................................................3 7. ASSIGNMENT AND SUBCONTRACTING .........................................................................................4 8. PRINCIPALS INDEMNITY....................................................................................................................4 9. PATENT RIGHTS, COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS ..........................4 10. SPECIFIED BRANDS............................................................................................................................4 11. QUALITY OF GOODS ........................................................................................................................4 12. SUPPLY OF GOODS BY ORDER .......................................................................................................5 13. PACKAGING......................................................................................................................................5 14. DELIVERY OF GOODS.......................................................................................................................5 15. EXPENSES OF DELIVERY ....................................................................................................................5 16. RECEIPT AND ACCEPTANCE OF GOODS .....................................................................................6 17. REJECTION AND REMOVAL OF GOODS.......................................................................................6 18. PROPERTY IN THE GOODS ...............................................................................................................7 19. DEFICIENT GOODS............................................................................................................................7 20. WARRANTIES ......................................................................................................................................7 21. VARIATION TO CONTRACT TERMS .................................................................................................8 22. PRICE BASIS ........................................................................................................................................8 23. SPECIAL PRICING AND OFFERS ......................................................................................................8 24. PAYMENT............................................................................................................................................8 25. DEDUCTIONS OF CHARGES OR DEBTS ..........................................................................................8 26. GOODS AND SERVICES TAX............................................................................................................8 27. CUSTOMS AND EXCISE DUTIES ........................................................................................................9 28. SETTLEMENT OF DISPUTES .................................................................................................................9 29. TERMINATION OF CONTRACT.......................................................................................................10 30. WAIVER.............................................................................................................................................10 3I. ENTIRE AGREEMENT ........................................................................................................................11 32. RIGHTS AND REMEDIES...................................................................................................................11

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CONTRACT NO. 200915 SECTION 3 – GENERAL CONDITIONS SUPPLY AND DELIVERY OF TWO (2) ROAD MAINTENANCE TRUCKS AND SALE OF COUNCIL’S TWO (2) MAINTENANCE TRUCKS

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1. CONSTRUCTION OF CONTRACT

The Contract shall be governed by the laws of the State of Victoria and the parties hereby submit to the exclusive jurisdiction of the courts of that State.

2. DEFINITIONS

2.1 In the Contract, except where the context otherwise requires:

`Clause' means a clause of these General Conditions.

`Contract' means the document which constitutes or evidences or, as the case may be, all the documents which constitute or evidence the final and concluded agreement between the Principal and the Contractor.

`Contract Price' means the monetary consideration stated in the Contract for the sale of the Goods to the Principal whether expressed as a lump sum or price per unit or by weight or volume or otherwise.

`Contractor' means the party named in the Contract as the seller of the Goods.

`Date for Delivery' means

a) where the Contract or Order specifies a date for delivery, that date; or

b) where the Contract or Order specifies a period of time for delivery, the last day of that period.

`Goods' means the goods, the subject of the Contract or such of them as shall be described in the Order.

`Local Government' means any local government established under the Local Government Act 1995 or than the Principal.

'Officer' means any officer or person authorised by the Principal to act on its behalf for the purpose of the Contract.

`Order' means a purchase order from the Principal to the Contractor requiring the supply of specific Goods.

`Principal' means the Glenelg Shire Council.

`Specification' means any technical specification, drawing and schedule forming part of the Contract.

Unless the context otherwise requires, the singular includes the plural and vice versa. The clause headings of the General Conditions of Contract shall not in any way affect their interpretation. Any one gender includes all genders.

3. EVIDENCE OF CONTRACT

3.1 The Contract shall be evidenced by the Special Conditions of Contract, General Conditions of Contract, Specifications, Tender, Letter of Acceptance and all things referred to therein.

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CONTRACT NO. 200915 SECTION 3 – GENERAL CONDITIONS SUPPLY AND DELIVERY OF TWO (2) ROAD MAINTENANCE TRUCKS AND SALE OF COUNCIL’S TWO (2) MAINTENANCE TRUCKS

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The precedence of documents in the event of a conflict or inconsistency shall follow the sequence as detailed above.

3.2 Should any part of the Contract be held in law to be invalid, that part shall be severed from the Contract and the remainder of the Contract shall have full force and effect.

4. NOTICES

4.1 Any notice or other communication under the Contract shall be in writing and signed and shall be given or served by:

(a) hand delivery or prepaid post to the address of the recipient specified in the Contract or at such other address as may from time to time be notified in writing to the party giving the notice by the intended recipient but in any event to the last notified address: or

(b) facsimile transmission to the facsimile number of the recipient specified in the Contract or at such other number as may from time to time be notified in writing to the party giving the notice by the intended recipient but in any event to the last notified number.

4.2 A printed or copied signature will be sufficient for the purpose of sending any notice or other communication.

5. CONTRACTOR TO HAVE INFORMED ITSELF

5.1 The Contractor shall be deemed to have:

(a) examined carefully and to have acquired actual knowledge of the contents of all documents and any other information made available in writing by the Principal to the Contractor for the purpose of tendering; and

(b) obtained and properly examined all information relevant to the risks, contingencies and other circumstances that may have had an effect on its tender and which was obtainable by the making of reasonable enquiries; and

(c) satisfied itself as to the correctness and sufficiency of its tender and that the Contract Price covers the cost of complying with all its obligations under the Contract.

5.2 Failure by the Contractor to have done all or any of the forgoing shall not relieve the Contractor of its obligation to perform the Contract in accordance with the terms of the Contract.

6. COMPLYING WITH STATUTORY REQUIREMENTS

The Contractor shall comply with the requirements of all applicable Acts, statutes and laws and all ordinances, rules, regulations, by-laws, orders and proclamations, throughout the performance of the Contract. If a requirement is at variance with a term of the Contract the Contractor shall notify the Principal in writing. If such a requirement necessitates a change to the work under the Contract, the Principal may order a variation. Except to the extent that a variation is ordered by the Principal as set forth above, the Contractor shall bear the cost of complying with the requirement.

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CONTRACT NO. 200915 SECTION 3 – GENERAL CONDITIONS SUPPLY AND DELIVERY OF TWO (2) ROAD MAINTENANCE TRUCKS AND SALE OF COUNCIL’S TWO (2) MAINTENANCE TRUCKS

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7. ASSIGNMENT AND SUBCONTRACTING

7.1 The Contractor shall not without the prior written approval of the Principal:

(a) assign the Contract, or any part thereof or any payment thereunder. Approval to assign shall be on terms and conditions determined by the Principal.

(b) subcontract the whole or any part of the Contract. Approval to subcontract shall not relieve the Contractor from any liability or obligation under the Contract.

8. PRINCIPALS INDEMNITY

The Contractor agrees to indemnify and keep indemnified the Council, its servants and agents (the Principal), and each of them from and against all actions, costs, claims, charges, expenses, penalties, demands and damages whatsoever which may be brought or made or claimed against them, or any of them, in connection with the Contractors performance or purported performance of its obligations under this Contract and be directly related to the negligent acts, errors or omission of the Contractor. The Contractors liability to indemnify the Council shall be reduced proportionally to the extent that any act or omission of the Council, contributed to the loss or liability.

9. PATENT RIGHTS, COPYRIGHT AND OTHER INTELLECTUAL PROPERTY

RIGHTS

The Contractor warrants that neither the Goods nor any design, documents or methods of working provided by the Contractor will infringe any patent, registered design, trademark or name, copyright or other protected right and shall indemnify the Principal against any action, suit, claim, demand, loss, proceeding, liability, cost or expense resulting from any alleged infringement.

10. SPECIFIED BRANDS

Where a particular brand of Goods is specified in the Contract, no other brand shall be supplied unless otherwise approved in writing by the Principal.

11. QUALITY OF GOODS

11.1 All Goods delivered shall conform to the Specification and to samples provided (if any) specified in the Contract.

11.2 Where no standards are specified in the Contract the Goods shall comply with the appropriate and current standard of the Standards Association of Australia and if there is no such standard then with the appropriate and current standard of the International Standards Organisation.

11.3 If no samples or standards are specified, Goods supplied shall be suitable for their purpose as stated in the Contract and fully capable of their intended use.

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CONTRACT NO. 200915 SECTION 3 – GENERAL CONDITIONS SUPPLY AND DELIVERY OF TWO (2) ROAD MAINTENANCE TRUCKS AND SALE OF COUNCIL’S TWO (2) MAINTENANCE TRUCKS

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12. SUPPLY OF GOODS BY ORDER

12.1 The Contractor shall fulfil all Orders for Goods placed by the Principal during the term or currency of the Contract.

12.2 Where the Contract is for the supply of Goods by reference to:

(a) 'Variable Quantities', the Principal shall not be required to purchase all or any Goods listed EXCEPT such of the Goods as may be ordered by the Principal.

(b) 'Approximate Quantities', the quantities stated shall be regarded as an estimate only of the quantity which may be required. The Principal shall not be bound to purchase the exact nominated quantity of Goods, but the quantity ordered may vary within a margin not exceeding 25 percent above or below the nominated approximate quantity and any such variance shall not affect the unit price of the Goods.

(c) 'Fixed Quantities', the Principal shall purchase the actual quantity shown.

12.3 The Principal may order requirements of any one type or item of the Goods either in one single lot or instalments or in such quantities as may be required.

13. PACKAGING

The Contractor shall ensure that all Goods are properly, safely and securely packaged and labelled for identification and safety.

14. DELIVERY OF GOODS

14.1 The Contractor shall deliver the Goods in full to the locations and at the times stated in the Contract or Order as the case may be. In this respect time shall be of the essence of the Contract.

14.2 Upon it becoming evident to the Contractor that delivery of the Goods is likely to be delayed beyond the Date for Delivery, the Contractor shall promptly notify the Principal in writing. Such notification shall not release the Contractor from its obligation to deliver by the Date for Delivery or from any other obligation under the Contract, unless the Principal otherwise agrees in writing. The Contractor shall not be entitled to any increase in the Contract Price or damages, costs or expenses in connection with the delay.

14.3 The Contractor shall be entitled only to such extensions of time for

compliance with the Contract as the Principal, upon the written application of the Contractor, may in its absolute discretion grant in writing.

15. EXPENSES OF DELIVERY

Unless otherwise provided in the Contract, the Contractor shall pay all packaging, freight, insurance, and other charges whatsoever, in connection with the delivery of Goods and the return of Goods wrongly supplied and all packaging.

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CONTRACT NO. 200915 SECTION 3 – GENERAL CONDITIONS SUPPLY AND DELIVERY OF TWO (2) ROAD MAINTENANCE TRUCKS AND SALE OF COUNCIL’S TWO (2) MAINTENANCE TRUCKS

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16. RECEIPT AND ACCEPTANCE OF GOODS

16.1 Delivery and receipt of Goods, shall not of itself constitute acceptance of the Goods by the Principal, with acceptance being subject to the approval of the Officer.

16.2 The Principal shall be deemed to have accepted the Goods when the Officer notifies the Contractor that the Goods have been accepted or when after the lapse of 14 days the Principal retains the Goods without notifying the Contractor that the Goods have been rejected PROVIDED THAT where it is a term of the Contract that the Goods be installed and/or commissioned that the Principal shall not be deemed to have accepted the Goods unless the Goods are satisfactorily installed and/or commissioned within the period stipulated in the Contract or, if no period is stipulated, within a reasonable period.

16.3 The risk of any damage, deterioration, theft or loss of the Goods after delivery but prior to acceptance shall remain with the Contractor except where the damage, deterioration, theft or loss results from a negligent act or omission of the Principal or its agents or employees.

16.4 Where prior to acceptance, the Goods are found to be defective or not in accordance with the Contract, the Principal may reject any or all of the Goods (the Rejected Goods).

17. REJECTION AND REMOVAL OF GOODS

17.1 The Officer shall notify the Contractor in writing within a reasonable time of the rejection of Goods and may direct that the rejected Goods be removed and either replaced or rectified by the Contractor at the Contractor's expense within such reasonable time as the Officer may direct.

17.2 Should the Contractor fail to duly and properly remove, replace or

rectify the rejected Goods within the time specified in the notice of rejection the Principal shall be entitled to:

(a) exercise a general lien upon the Goods to cover all costs, fees and expenses of the Principal; and

(b) sell the rejected Goods; or

(c) have the Goods redelivered at the Contractor's risk and expense to the Contractor's premises, where the Contractor shall afford every facility to accept redelivery of the rejected Goods.

17.3 The Principal shall not be responsible for the care or custody of any rejected Goods.

17.4 Where the Contractor fails to deliver the Goods by the Date for Delivery, or where Goods are rejected and the Contractor fails to replace the rejected Goods or to deliver Goods conforming to the Contract forthwith upon written notice to do so, the Principal;

(a) shall have the right to purchase from another supplier substitute Goods of the kind and quality ordered; or

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(b) Where it is not possible or practicable to purchase from another supplier substitute Goods of the kind or quality ordered, purchase Goods which in the opinion of the Principal are most suitable, even though such Goods be of a superior kind and quality.

In both cases any extra cost or expense incurred over and above the Contract Price, shall be a debt due from the Contractor to the Principal.

18. PROPERTY IN THE GOODS

Upon payment for the Goods property in the Goods shall pass to the Principal. Payment shall include credit by way of set off.

19. DEFICIENT GOODS

19.1 Where after acceptance, the Goods are subsequently found not to be in accordance with the Contract or of an inferior quality, or differing from those ordered (whether by sample or quality), ("the deficient Goods"), the Principal may notify the Contractor of the deficiency, and require the Contractor to forthwith:

(a) remove the deficient Goods from the Principal's premises and at the Contractor's expense either to replace them with Goods conforming to the Contract or to rectify them to conform; or

(b) refund the price paid and thereupon to remove the deficient Goods from the Principal's premises;

19.2 Upon a refund of the price paid for the deficient goods, property therein shall revert to the Contractor.

19.3 Any expense incurred by the Principal shall be a debt due from the Contractor to the Principal.

19.4 The Principal shall not be entitled to exercise any rights under this clause in respect of any defects or deficiencies that ought to have been apparent on reasonable examination of the Goods prior to acceptance.

19.5 Where the deficient Goods are not forthwith replaced or rectified by the Contractor as aforesaid the Principal may exercise the powers contained in Sub-Clauses 17.2, 17.4 and 28.2 as if the same referred to the deficient Goods under the provisions of this Clause and the provisions of Sub-Clauses 17.2, 17.3, 17.4 and 28.2 were set out herein.

20. WARRANTIES

The Contractor shall obtain all warranties specified in the Contract including any warranties that are obtained by any subcontractor, and shall ensure that the Principal will have the benefit of the said warranties.

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21. VARIATION TO CONTRACT TERMS

None of the terms of the Contract shall be varied, waived, discharged or released either at law or in equity, except by the express written agreement of the Principal.

22. PRICE BASIS

Unless otherwise stated in the Contract, the Contract Price shall be firm and not subject to rise and fall.

23. SPECIAL PRICING AND OFFERS

Any special price, licence fee, rate or charge in relation to the Goods or goods of a like nature which is offered by the Contractor to any Local Government and which is lower than under the Contract shall be made available to the Principal and all purchasers.

The Contractor, through the period within which that special price, licence fee, rate or charge is being offered, shall only be bound to comply with the above, where the purchase is of similar circumstances and under substantially the same terms and conditions.

24. PAYMENT

24.1 Unless otherwise provided in the Contract all payments shall be made within 30 days of receipt of the Contractor's invoice or claim, provided that the Goods have been accepted by the Officer.

24.2 Failure by the Principal to pay the amount payable at the due time, will not be grounds to invalidate or avoid the Contract.

24.3 The Contractor shall not be entitled to any interest or charge for extending credit or allowing time for the payment of the Contract Price unless otherwise provided in the Contract.

25. DEDUCTIONS OF CHARGES OR DEBTS

The Principal may deduct from monies due to the Contractor under the Contract or on any other account, any monies due from the Contractor to the Principal, under the Contract or on any other account, and if those monies are insufficient, the Principal may have recourse to any security under the Contract.

26. GOODS AND SERVICES TAX

For the purposes of this clause:

(a) "GST" means goods and services tax applicable to any taxable supplies as determined under the GST Act.

(b) "GST Act" means Goods and Services Tax Act 1999 and (where the context permits) includes the Regulations and Commissioner of Taxation's Goods and Services Tax Rulings and Determinations made thereunder and any other written law dealing with GST applying for the first time being in the State of Western Australia.

(c) "Supply", "taxable supply" and "tax invoice" have the same meanings as in the GST Act.

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26.1 Where the supply of Goods or any part thereof is a taxable supply under the GST Act:

the Contract Price shall be inclusive of all applicable GST at the rate in force for the time being.

27. CUSTOMS AND EXCISE DUTIES

27.1 The Contract Price shall, unless otherwise stated, be inclusive of all applicable customs excise, levies, duties, taxes and charges at the rates in force at the date of closing of tenders.

27.2 The Contractor shall, if so requested, provide information as to the Customs Tariff classification, the amount of duty payable, its application to the Contract Price and date or proposed date of importation.

27.3 The Contractor shall:

(a) if the Principal so requires, pay any dumping duty or security therefore which may be levied or demanded under the Australian Customs Tariff (Anti Dumping) Act 1975, in respect of the Goods supplied under the Contract direct to the Principal or to the Australian Customs Service as the case may be.

(b) indemnify and keep indemnified the Principal against any liability for such dumping duty or security.

28. SETTLEMENT OF DISPUTES

28.1 The parties agree to attempt in good faith to resolve through negotiation any dispute regarding the Contract.

28.2 Either party may refer to an appropriate independent expert, agreed to by the parties, any Goods for examination and report as to their compliance with the Contract. The decision of the expert shall be final and binding upon both parties, and the expense of such reference shall be paid by the unsuccessful party.

28.3 Subject to the provisions of 28.2 of this clause, any dispute or unresolved claim arising out of or relating to the Contract or the breach, termination or invalidity thereof ('the dispute') shall first be the subject of conciliation before a conciliator who is either agreed to by the parties or, failing agreement, who is appointed by the Chairperson of the Institute of Arbitrators Australia (Victorian Chapter).

28.4 if the dispute has not been resolved within 28 days (or such other period in writing between the parties) after the appointment of the conciliator, the dispute shall be referred to arbitration to be effected:

(a) by an arbitrator mutually agreed between the parties; or

(b) in default of such mutual agreement, by an arbitrator appointed by the Chairperson of the Institute of Arbitrators Australia (Victorian Chapter).

In accordance with the provisions of the Commercial Arbitration Act 1984.

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29. TERMINATION OF CONTRACT

29.1 Subject to Clause 28, if the Contractor fails to duly and punctually observe perform and comply with any term condition or stipulation on the part of the Contractor contained or implied in the Contract and such failure continues for a period of 14 days (or such other period as having regard to the circumstances the Principal may reasonably allow) after service on the Contractor of a written notice requiring the Contractor to observe perform and comply with such term condition or stipulation or otherwise to remedy the breach; or

(a) If the Contractor (being a corporation) goes into liquidation (except for the purpose of reconstruction or amalgamation) or is otherwise dissolved or if a receiver or receiver/manager of the whole or any part of the assets and undertaking of the Contractor is appointed or if the Contractor enters into any composition or scheme of arrangement with its creditors or if an inspector or like official is appointed to examine the affairs of the Contractor or the Contractor enters into voluntary administration; or

(b) If the Contractor (being a natural person) commits an act of bankruptcy or if an order is made for the sequestration in bankruptcy of the estate of the Contractor, or if the Contractor assigns its estate or enters into a Deed of Arrangement for the benefit of its creditors; or

(c) If the Contractor assigns or subcontracts the Contract or any part thereof without the prior written consent of the Principal; or

(d) If the Contractor includes in its Tender any statement, representation, fact, matter, information or thing which is false untrue incorrect or inaccurate, whether known to the Contractor or not;

THEN and in any of the said cases, if the Principal considers that damages may not be an adequate remedy, the Principal may by notice in writing to the Contractor forthwith terminate the Contract whether any Orders remain outstanding or not and thereafter the Principal may engage or contract with any person or corporation other than the Contractor to perform and complete the Contract.

29.2 The Principal shall ascertain the amount of all damages and expenses suffered or incurred by the Principal in consequence of any of the abovementioned matters and all such amounts may be deducted from amounts then owing to the Contractor or may be recovered in court by the Principal.

30. WAIVER

No forbearance, delay or indulgence by the Principal in enforcing the provisions of the Contract shall prejudice, restrict or limit the rights of that party, nor shall any waiver of those rights operate as a waiver of any subsequent breach.

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3I. ENTIRE AGREEMENT

The Contract supersedes all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the Principal and the Contractor relating to the Goods.

32. RIGHTS AND REMEDIES

The Principal may exercise the rights herein conferred in addition to all or any other rights or remedies which the Principal shall or may be entitled to against the Contractor whether at law or under the Contract.

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GLENELG SHIRE COUNCIL

SUPPLY AND DELIVERY OF TWO (2) ROAD

MAINTENANCE TRUCKS AND SALE OF

COUNCIL’S TWO (2) MAINTENANCE TRUCKS

Contract No. 200915

SECTION 4 - SPECIFICATION

SEPTEMBER 2009

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PART 1 – GENERAL CLAUSES 1.1. BACKGROUND ............................................................................................................................. 1 1.2 SCOPE............................................................................................................................................ 1 1.3 DELIVERY DATE AND LOCATION ............................................................................................... 1 1.4 MATERIALS & EQUIPMENT........................................................................................................... 1 1.5 FREE SERVICE ................................................................................................................................ 2 1.6 WARRANTY.................................................................................................................................... 2 1.7 SERVICING AND MAINTENANCE AGREEMENTS...................................................................... 2 1.8 GST ................................................................................................................................................. 2 1.9 TRADE-IN/SALE ITEMS................................................................................................................... 2

1.9.1 Plant................................................................................................................................. 2 1.9.2 Inspection ....................................................................................................................... 2 1.9.3 Availability ...................................................................................................................... 2

1.10 PAYMENT FOR NEW ITEMS ..........................................................................................................3 1.11 INSTRUCTION TO OPERATORS & WORKSHOP STAFF ..............................................................3 1.12 EVALUATION INSPECTION AND DEMONSTRATION.................................................................3 1.13 INFORMATION TO BE SUPPLIED BY THE TENDERER ..................................................................3 1.14 PRICE..............................................................................................................................................3 1.15 OPTIONAL EXTRAS........................................................................................................................3 1.16 BOOKS AND MANUALS...............................................................................................................3 1.17 REGISTRATION DETAILS................................................................................................................4 1.18 DATE AND PLANT MODEL...........................................................................................................4 1.19 RISE AND FALL AND AVAILABILITY.............................................................................................4

PART 2 – SPECIFIC CLAUSES ........................................................................................ 5 2.1 CAB/CHASSIS................................................................................................................................5 2.2 ROAD MAINTENANCE BODY .....................................................................................................5

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CONTRACT NO. 200915 SECTION 4 – SPECIFICATION SUPPLY AND DELIVERY OF TWO (2) MAINTENANCE TRUCKS AND SALE OF COUNCIL’S TWO (2) MAINTENANCE TRUCKS

GLENELG SHIRE COUNCIL BOX 152, PORTLAND VIC 3305 Page 1

PART 1 – GENERAL CLAUSES

1.1 BACKGROUND

This specification provides details for tendering for the following:- (a) The supply and delivery of Two(2) 190kW ISO, 6m3 road

maintenance trucks complete with or without trade-in of existing Council Maintenance trucks.

(b) Outright purchase of Two(2) existing Glenelg Shire Council maintenance trucks.

The specific requirements for the new items of plant are set out in Part 2 of this Specification.

1.2 SCOPE

Tenders in accordance with this specification are invited for the options detailed as follows and as set out in schedule 3 of the tender conditions. Option (a)

Supply and delivery of two (2) road maintenance trucks in accordance with this specification with or without trade-in of Council’s two (2) existing maintenance trucks - unregistered and ‘as is’.

Option (b) Outright purchase of one or both of Council’s existing maintenance trucks – unregistered and ‘as is’.

1.3 DELIVERY DATE AND LOCATION

Tenderers are to state in their tender both the anticipated and the maximum time for delivery from the date of written acceptance of the tender, to the Beavis Street Depot, Heywood. Tenderers shall be responsible for and include in their tendered price an amount to cover all transportation costs and costs associated with fitment of the new unit. When delivered, the plant shall be completely equipped as specified and fully operational. Any test that may be required to assess whether or not the whole or portion of the equipment is operational will be at the expense of the Supplier.

1.4 MATERIALS & EQUIPMENT

Unless otherwise stated, all materials and equipment shall be new and of the best quality of their respective kinds and conform to the relevant Australian Standards, or if no such standard exists, to the relevant British Standards.

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CONTRACT NO. 200915 SECTION 4 – SPECIFICATION SUPPLY AND DELIVERY OF TWO (2) MAINTENANCE TRUCKS AND SALE OF COUNCIL’S TWO (2) MAINTENANCE TRUCKS

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1.5 FREE SERVICE

Tenderers shall submit details including location of free servicing offered and the period of hours or kilometers of operation for which it applies.

1.6 WARRANTY

Tenderers shall submit all details in respect of warranties as applied to their machines and attachments both in respect of materials, time period and hours of operation. Details of any additional warranty must also be stated. Any requirement for oil sampling during the warranty period and the cost, if any, should be detailed in the tender.

1.7 SERVICING AND MAINTENANCE AGREEMENTS

Tenderers should submit details of any requirements for compulsory servicing of their machines at specified workshops. Details of any maximum maintenance expenditure guarantees available for a specified time period should also be submitted.

1.8 GST

The plant is for use by Glenelg Shire Council and the Glenelg Shire Council is eligible to claim input tax credits. The tender price shall therefore show the price, GST and the total price.

1.9 TRADE-IN/SALE ITEMS

1.9.1 Plant

The price submitted for the sale items shall be for the plant in its present unregistered ‘as is’ condition.

1.9.2 Inspection

An inspection of the items offered for trade-in/sale in this document can be made at the Glenelg Shire Council, Beavis Street, Heywood Depot on Monday 12th October 2009 between the hours of 7.00am and 1.00pm. No other times will be allowed unless prior arrangements are made.

1.9.3 Availability

The Plant Items offered for trade-in/sale must be accepted unregistered and "as is" when the replacement plant items are delivered. No claims will be accepted that any part or parts of the trade-in/sale machines have deteriorated more than anticipated from the time of inspection and offer to the time of availability of the machine. The decision of the Contract Supervisor on this matter shall be final and binding. The trade-in/sale item will be required to remain in service with the Glenelg Shire Council until the new replacement machines are delivered and commissioned. Payments for items which are purchased outright are to be either Cash, Credit Card, EFTPOS, or Cheque(to be cleared before item is made available).

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CONTRACT NO. 200915 SECTION 4 – SPECIFICATION SUPPLY AND DELIVERY OF TWO (2) MAINTENANCE TRUCKS AND SALE OF COUNCIL’S TWO (2) MAINTENANCE TRUCKS

GLENELG SHIRE COUNCIL BOX 152, PORTLAND VIC 3305 Page 3

1.10 PAYMENT FOR NEW ITEMS

Glenelg Shire Council trading terms are net 30 days (i.e. 30 days from the completion of the month of invoice). No part payments shall be made without prior written consent. Glenelg Shire Council official Purchase Order Number must be quoted on all invoices before payment will be made. No payment shall be made until the complete unit is delivered, commissioned and fully operational.

1.11 INSTRUCTION TO OPERATORS & WORKSHOP STAFF

Immediately following delivery, the Contractor shall provide on-site induction/instruction and training to Glenelg Shire Council operators and workshop staff. This is to be at least one full day of induction and instruction in the care, operation and maintenance of the plant item which is to be included in the submitted tender.

1.12 EVALUATION INSPECTION AND DEMONSTRATION

Tenderers should state if they are prepared to make available a similar item of plant for evaluation at the Heywood Depot or some other point as mutually arranged.

1.13 INFORMATION TO BE SUPPLIED BY THE TENDERER

A full specification of the plant being offered must accompany the tender, together with any other specific information requested in this specification.

1.14 PRICE

The price tendered shall be inclusive of all charges, duties, GST, testing, calibration, transportation, induction/instruction, on road and delivery costs to Glenelg Shire Council, Depot in Heywood.

1.15 OPTIONAL EXTRAS

Tenderers are encouraged to include, in their tenders, optional extras over and above the general requirements for the units listed in, Part 2 of this specification. These are to include a detailed description of the item and a separate itemised price for each. Where optional extras are included, the price must include fitting/installation including GST.

1.16 BOOKS AND MANUALS

The Tenderer shall include in the tender the cost of supplying the following: • Two sets of operator manuals; • Two sets of workshop manuals covering the complete machine; • Two sets of parts books covering the complete machine. • Two sets of Plant Hazard Assessment

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CONTRACT NO. 200915 SECTION 4 – SPECIFICATION SUPPLY AND DELIVERY OF TWO (2) MAINTENANCE TRUCKS AND SALE OF COUNCIL’S TWO (2) MAINTENANCE TRUCKS

GLENELG SHIRE COUNCIL BOX 152, PORTLAND VIC 3305 Page 4

1.17 REGISTRATION DETAILS

The vehicle must be registered in the name of: Glenelg Shire Council, Cliff Street, PORTLAND, 3305.

Postal Address: Glenelg Shire Council, P.O. Box 152, PORTLAND, VIC 3305

Garaging Address: Glenelg Shire Council, Beavis St, HEYWOOD, VIC 3304 1 unit Rhodes St , Casterton, Vic 3309 1 unit

These vehicles are to be registered in accordance with the Glenelg Shire Council fleet Common Expiry Date of 30th June. The vehicle must be registered with “blue” number plates.

1.18 DATE OF PLANT MODEL

It is a requirement of this specification that the period between the build date plate and the accepted delivery date shall not exceed six (6) months.

1.19 RISE & FALL AND AVAILABILITY

No rise and fall shall apply from the date of closing of tenders to the date of delivery of the road maintenance trucks, regardless of any conditions included by tenderers in their submitted tenders.

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CONTRACT NO. 200915 SECTION 4 – SPECIFICATION SUPPLY AND DELIVERY OF TWO (2) MAINTENANCE TRUCKS AND SALE OF COUNCIL’S TWO (2) MAINTENANCE TRUCKS

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PART 2 – SPECIFIC CLAUSES

2.1 CAB/CHASSIS

As a minimum the truck tendered must meet the following specifications: • Diesel powered to comply with current emissions standards160kw to 190kw

Approximately, and be Turbo Charged. • Manual transmission. • Hydraulic “Live drive” provision on engine. • GVM 10.4 minimum • GCM 16.0 maximum • Wheel base 4600mm minimum • Cab-over and to seat driver and 2 pasengers. • Cabin is to be painted in “GS” blue colours. • To be fitted with Radial tyres and 6 stud rims • Heavy Duty radiator with sufficient capacity to maintain water

temperatures at a reasonable operating temperature under low reverse speed.

• Heavy Duty factory fitted air conditioning suitable for 50˚ degrees Celsius ambient temperature

• Fuel tank minimum capacity of 200 litres. • Front and rear mud flaps fitted to VicRoads specification • Two (2) West Coast type rear vision mirrors (electrical operated and

Heated ) • Tool Kit for Servicing and Maintenance of Vehicle. • AM/FM Radio/CD • Integral Heavy duty Power-assisted Steering • Appropriate hazard/warning lighting and reverse beeper (min. 90 dba) • Hazard and risk assessments, completed form to be provided. • Tare and gross to be clearly visible on vehicle. • Rear lock Differential to be fitted. • Alloy bull bar to be fitted. • Air bag rear suspension is preferred not essential. • UHF radio • Tow points at front for bogged vehicle recovery. • Castrol oil cross reference compatibility. • Rufnuts Seat cover for driver and passenger side. • A Spare Rim and Tyre to be supplied. • 2 sets Workshop and spare parts manuals to be supplied.

2.2 Road Maintenance Body.

As a minimum the body tendered must meet the following specifications;

• Hopper capacity 4 to 4.5 m3 approximately. • Total Lengh of body approx 5.3 metres. • Inbult hydrauilic driven slat coveyor to be operarted from a push pull

switch situated in the cabin and at rear of truck body. • The conveyer must have a reverse function • Grit bin 1 m3 approximately. • Full body to be fabricated from minimun 3mm steel plate.

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CONTRACT NO. 200915 SECTION 4 – SPECIFICATION SUPPLY AND DELIVERY OF TWO (2) MAINTENANCE TRUCKS AND SALE OF COUNCIL’S TWO (2) MAINTENANCE TRUCKS

GLENELG SHIRE COUNCIL BOX 152, PORTLAND VIC 3305 Page 6

• Air operated rear discharge chute. • Shovel bin to 500mm in height from the ground approx. • Side delivery Chute with Hydralic conveyor. • Full width speading Plate. • 0.5 m3 rear dust/sand bin with hydralic operated cover at ground level

and shovel tray located at left hand side rear of unit. • 3 storage compartments, including 1 weather proof locker. • Heavy duty retractable hose and reel. Hydraulic operated(At rear of

body) • The unit shall be fitted with a Vehicle engine drive and a Hydraulic

piston Compensator Pump sufficent to provide enough flow and pressure to operate hydraulic system requirements.

• Hydraulic tank to be fitted with sufficient capacity to supply all components.

• A Hydrauic operated air compresser to be fitted to supply air to pressure vessel and other components of the road maintenance truck.

• An OH & S Authority approved Class 2B transportable 800 kpa 500 litre emulsion pressure vessel fitted at right front of body with a 100mm screw cap for filling.

• Single Nozzle Emulsion hand Lance. • 40 litre air pressure emulsion system cleaning tank fitted at left front of

body. • Emulsion Tank Heating shall be fitted which operates via truck cooling

system with systems to protect engine temperature in case of coolant leakage.

• Air controls air inlet gauge, Tank air gauge, Tank outlet gauge, air pressure regulater, air pressure relief valve, vehicle one way check valve, 1400 ci auxiliary air reciever, yellow safety placard all to be mounted on a external control panel.

• 100 litre water tank air operated and to be connected to a hose reel . • Sign storage, to suit 4 multi message signs and legs as directed. • Vision Alert ‘B’ Type LED Double Sided Arrow Board 1500mm x 750mm

conforms to AS4192:2006 • 2 Dual Rotating beacons, LED Vision alert part No 109000 to be fitted

with indicator to alert the operator the lights are on. • Led lighting to comply with ADR top and bottom of body at rear of

unit. • Colour Dual Rear Vision Camera system, to operate when reverse gear

is selected and to veiw rear hoper when operating. • Intercom system fitted in cabin and rear of unit to provide

communicaton. • Spoil bin 0.5 m3 and angled approx 40 degrees to allow material to run

out when gate is opened. • 400mm kerb side Vibrating plate holder/lifter. • “GS” blue paint colour, the body supplier shall detail the body

treatment process. • Side ladder, Australian Standards. • Retractable hopper cover. • All controlls of unit shall be clearly labelled. • Mudgaurds and mudflaps fitted. • Two copies of workshop manuals,operators instruction and parts

manuals to be supplied.

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• Air vessels to be supplied with registered legal certificates. • The body to be compliant in all facets to VSB6 • Rear tow Point on left chasis rail for vehical recovery.