Request for Tender T-2014-025

Auburn City Council

Request for Tender
Tenders are invited for the following

Supply, Delivery and Commissioning of a Road Suction Sweeper

Contact Officer:

Ramesh Selliah
Contracts Officer
All enquiries are to be addressed in writing to the Contact officer only
through the Apets Contact Job Manager icon.

Tender s must be submitted by the Closing Time

Closing Time:

Auburn City Council

12.00pm, Thursday, 15th January 2015

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TABLE OF CONTENTS
TABLE OF CONTENTS ..........................................................................................................................................2
SECTION 1: PROJECT OVERVIEW ............................................................................................................4
1.1: GENERAL COUNCIL INFORMATION ............................................................................................................4
1.2: OVERVIEW OF REQUIREMENTS ..................................................................................................................4
1.3: PROJECT TIMELINE .....................................................................................................................................4
SECTION 2: CONDITIONS OF TENDER .....................................................................................................5
2.1: PARTICIPANTS TO BE BOUND ......................................................................................................................5
2.2: PREPARATION OF TENDERS ........................................................................................................................5
2.3: ELECTRONIC TENDERS ................................................................................................................................6
2.4: LODGEMENT OF TENDERS ...........................................................................................................................6
2.5: EVALUATION AND ACCEPTANCE OF TENDERS ..........................................................................................7
2.6: THE CONTRACT ...........................................................................................................................................8
2.7: UNSUCCESSFUL RESPONDENTS ...................................................................................................................8
2.8: VALIDITY PERIOD OF TENDERS ..................................................................................................................8
2.9: RESPONDENTS COSTS .................................................................................................................................9
2.10: ETHICS AND FAIR DEALINGS ....................................................................................................................9
2.11: TAX ...........................................................................................................................................................10
SECTION 3: CONDITIONS OF CONTRACT.............................................................................................11
3.1: DEFINITIONS ...............................................................................................................................................11
3.2: NOTICES......................................................................................................................................................11
3.3: QUALITY OF GOODS...................................................................................................................................12
3.4: DEFECTS LIABILITY ...................................................................................................................................12
3.5: CONTRACTORS OBLIGATIONS ..................................................................................................................12
3.6: PRINCIPALS OBLIGATIONS.......................................................................................................................13
3.7: PAYMENT ....................................................................................................................................................14
3.8: VARIATIONS ...............................................................................................................................................14
3.9: INSURANCE .................................................................................................................................................15
3.10: GOODS AND SERVICES TAX .....................................................................................................................15
3.11: DISPUTES ..................................................................................................................................................15
3.12: SUSPENSION ..............................................................................................................................................15
3.13: TERMINATION ..........................................................................................................................................16
3.14: ACCESS TO INFORMATION (GIPA ACT, S.54) ........................................................................................16
3.15: CONSULTATION (GIPA ACT, S.54)..........................................................................................................17
3.16: REGISTRATION OF INSURANCES AND WHS DOCUMENTATION ............................................................18
3.17: ETHICS AND FAIR DEALINGS ..................................................................................................................18
SECTION 4: SPECIFICATION ROAD SUCTION SWEEPER.................................................................20
4.1.
4.2.
4.3.
4.4.
4.5.
4.6.

INTRODUCTION........................................................................................................................................20
REQUIREMENTS.......................................................................................................................................20
NOISE .......................................................................................................................................................20
SERVICE PLATE .......................................................................................................................................20
RISK ASSESSMENT OF COMPLETED UNIT ...............................................................................................21
KEYS.........................................................................................................................................................21

Auburn City Council

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4.7.
4.8.
4.9.
4.10.
4.11.
4.12.
4.13.
4.14.
4.15.
4.16.
4.17.
4.18.
4.19.
4.20.
4.21.
4.22.
4.23.
4.24.
4.25.
4.26.
4.27.
4.28.
4.29.
4.30.
4.31.
4.32.
4.33.
4.34.

WARRANTY ..............................................................................................................................................21
MANUALS .................................................................................................................................................21
PRE-DELIVERY INSPECTION ...................................................................................................................21
DELIVERY ..............................................................................................................................................21
SPECIFICATION AND BROCHURES ........................................................................................................21
PARTS AVAILABILITY ............................................................................................................................22
SERVICE AVAILABILITY .......................................................................................................................22
TRAINING ...............................................................................................................................................22
TOOLS AND TOOL BOX .........................................................................................................................22
REGISTRATION ......................................................................................................................................22
SIGNWRITING ........................................................................................................................................22
ROAD SUCTION SWEEPER .....................................................................................................................23
MAIN ENGINE REQUIREMENTS ............................................................................................................24
DIMENSIONS ..........................................................................................................................................24
AUTOMATIC TRANSMISSION ................................................................................................................24
STEERING ...............................................................................................................................................24
PAINTING (CAB CHASSIS) .....................................................................................................................24
PAYLOAD AND AXLE LOADINGS ..........................................................................................................24
SWEEPER BODY UNIT ...........................................................................................................................24
BODY LIFTING EQUIPMENT..................................................................................................................25
AUXILIARY ENGINE (IF FITTED) ..........................................................................................................25
WATER SYSTEM ....................................................................................................................................25
WATER SPRAYS .....................................................................................................................................25
SWEEPING EQUIPMENT.........................................................................................................................26
SUCTION FAN .........................................................................................................................................26
SWEEPER CONTROLS ............................................................................................................................26
WORKS LAMPS ......................................................................................................................................26
BEACON..................................................................................................................................................26

Auburn City Council

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Section 1:PROJECT OVERVIEW

1.1: GENERAL COUNCIL INFORMATION
The Auburn Local Government Area (LGA) is situated 20 km west of Sydney CBD and covers 31
square kilometres. Auburns boundaries include Parramatta Road and Duck River in the North and
West, Homebush Bay and Powells Creek to the east and the Sydney Water Supply Line to the
south. Auburn LGA shares boundaries with Parramatta, Bankstown, Strathfield and Canada Bay
local government areas.

1.2: OVERVIEW OF REQUIREMENTS

Council is seeking Tender from suitably qualified and experienced supplier for the supply, delivery
and commissioning of the following;
a) One (1) only Road Suction Regenerative Air Sweeper with dual steer, and be suitable for
collection of litter and silt from roadways..

1.3: PROJECT TIMELINE

Councils Indicative Project Timeline is:
Activity

Date

Issue request for Tender

16/12/2014

Request for Tender closes

15/01/2015 @ 12.00noon

Supply, Delivery and Commissioning of a Road Suction

Sweeper

TBA

Auburn City Council

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Section 2:CONDITIONS OF TENDER

2.1: PARTICIPANTS TO BE BOUND
Tenders are invited in accordance with these Conditions of Tender. Council agrees to be bound by
these Conditions of Tender. Respondents agree to be bound by these Conditions of Tender.

2.2: PREPARATION OF TENDERS

2.2.1: Completing Tender Documents for Submission
Respondents shall complete and submit all the Forms and Schedules through the LGP vendor panl
system, along with signed copies of the following documents/information:
a) Qualifications and experience of Respondent
b) Delivery schedule for the vechicles
c) All additional documents or information necessary to enable Council to properly interpret and
evaluate the Tender. Such documents or information shall only become part of the contract if
specifically included by Council in the Letter of Acceptance or Contract Documents.
2.2.2: Respondent to Become Fully Informed
The Respondent shall become acquainted with all issues, circumstances and conditions affecting
the services, the contract and its Tender.
2.2.3: Enquiries and Clarifications
Respondents are encouraged to seek clarification on any issue relating to the Request for Tender.
Enquiries are to be addressed in writing to the Contact officer specified on the cover page of
the Request for Tender only through the Apets Contact Job Manager icon. Enquiries should
not be addressed to any other Council officer or Councillors. Any instruction resulting from an
enquiry will be issued to all Respondents as an Addendum.
2.2.4: Addenda
Council may issue Addenda to clarify issues or to amend the Request for Tender. Addenda shall
become part of the Request for Tender. No explanation, elaboration of or amendment to the
Request for Tender will be effective unless it is in the form of an Addendum. Addenda will be
numbered consecutively, commencing with the Number 1.

2.2.5: Non-conforming and Alternative Tenders

Any Tender which does not comply with or which contains qualifications or provisions not required in
the Request for Tender is a non-conforming Tender. Respondents are encouraged to submit a
conforming Tender; however non-conforming Tenders may be considered. Consideration of nonconforming Tenders is at the absolute discretion of Council.

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2.3: ELECTRONIC TENDERS

2.3.1: Electronic Submissions
a) Submissions via email are not acceptable.
b) Responses may be submitted via electronic lodgement through the APET tendering site
which is: http://360providers.apetsoftware.com.au/Public/PublicJobs.aspx?Code=auburnatm
2.3.2: Legal Status
a) Responses lodged electronically will be treated in accordance with the NSW Electronic
Transactions Act 2000, and given no lesser level of confidentiality, probity and attention than
Responses lodged by other means.
b) Respondents by electronically lodging a response are taken to have accepted any conditions
shown on the Request for Tender documentations.
c) Auburn City Council may decline to consider for acceptance, responses that cannot be
effectively evaluated because they are incomplete or corrupt.
2.3.3: Signature
Signatures are not required on Tenders submitted electronically. Respondents must ensure that
electronically submitted Tenders are authorised by the person or persons who may do so on behalf
of the Respondent.
2.3.4 Virus Prevention Obligations
Electronically submitted Tender responses may be made corrupt or incomplete by computer
viruses. To reduce the likelihood of viruses, Respondents must not include any macros, applets, or
executable code or executable files in Tender responses, unless required by the Request for
Tender.

2.4: LODGEMENT OF TENDERS

2.4.1: Method of Lodgement
Councils preferred method of lodgement is via electronic submission. However, Council will accept
Tenders submitted to Councils Tender Box by the Tender close time. The Tender Box is located at:
Auburn City Council
Customer Service Counter
1 Susan St
Civic Place
Auburn NSW 2144

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2.4.2: Closing Time

Tenders must be received by the Closing Time specified on the cover page of this Request for
Tender. Late Tenders will usually be rejected but may, at the absolute discretion of Council, be
accepted.
2.4.3: Notification of Tenders Received
Council will, on written request, confirm to the Respondent receipt of their Tender. Council will
publish a list of Tender responses received on Councils website as soon as practicable after the
Closing Time.

2.5: EVALUATION AND ACCEPTANCE OF TENDERS

2.5.1: Evaluation Process
Council will evaluate Tenders on the basis of best advantage to Council. In doing so, Council
undertakes to give due consideration to all conforming Tenders. Non-conforming Tenders may, at
the absolute discretion of Council, also be considered.
Council may determine a short-list of Tenders for more detailed evaluation. The shortlist may be
based on some, but not necessarily all, of the Evaluation Criteria.
Council may suspend or terminate the Tender process at any time without an obligation to give
reasons. Council may recall Tenders at any time.
Council may, at any time, negotiate with any one or more Respondents, with a view to modifying the
terms, conditions, prices and any other matters.
2.5.2: Evaluation Criteria
Criteria used in the evaluation may include, but will not necessarily be limited to, the following
criteria:

The Quoted price and price structure; as well as any other potential costs to Council that
may be identified for each stage of the project.
The proposed Respondents experience in delivery of similar vehicles
Respondents capacity and resources available including financial capacity
Respondents conformance to specifications
Delivery times for the vehicles
Built-in WHS aspects in compliance with specification

2.5.3: Information Used in Evaluating Tenders

Council may use any information to evaluate Tenders. This may include, but will not necessarily be
limited to, the following.

Information supplied by Respondents

General industry, service and market information
Information provided by referees and associates of the Respondent
Information provided to Council by its advisors
Information derived from Councils past experience in dealing with the Respondent,
its subcontractors or its staff
Any other information relevant to Councils evaluation of Tenders

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2.5.4: Respondents to Provide Additional Information

Council may request any additional information it considers necessary in properly evaluating
Tenders. Respondents shall provide requested documents or information within three working
days. Council may also direct that such information be provided to a third party assisting in the
Tender Evaluation process. For example, Respondents may be required to provide copies of
audited financial statements to a firm engaged by Council to assess the financial position of short
listed Respondents.
2.5.5: Acceptance of Tenders
Acceptance or rejection of Tenders is at the absolute discretion of Council. Council may accept no
Tender(s) or any Tender(s), whether the lowest priced or not and whether conforming or not.

2.6: THE CONTRACT

2.6.1: Execution of Contract
Acceptance of a Tender shall only be evidenced by a Letter of Acceptance or Official Purchase
Order issued by Council. No other document or action shall constitute acceptance of a Tender.
2.6.2: Documents to Form the Contract
Upon acceptance of a Tender, the following documents shall form the contract:

The Letter of Acceptance.

The Request for Tender (including attachments), except any Sections, components
or Attachments specifically excluded from forming part of the contract.
The Tender response, excluding any Forms or Schedules specifically excluded from
forming part of the contract.
Any clarifications, corrections, alterations, additional information and documents
submitted by the Respondent and specifically referenced in Councils Letter of
Acceptance.
Any other documents specifically referenced in the Letter of Acceptance.

2.7: UNSUCCESSFUL RESPONDENTS

2.7.1: Unsuccessful Respondents to be Advised
Council shall advise unsuccessful Respondents in writing.
2.7.2: Feedback
Council is not obliged to give reasons for rejecting any tender. However, Council values the
ongoing participation of Respondents in future Tender processes and may, at its absolute
discretion, provide feedback to unsuccessful Respondents to assist in improving the quality of future
Tenders.

2.8: VALIDITY PERIOD OF TENDERS

A Tender is an offer. The Respondent unconditionally agrees to hold its Tender open for a Validity
Period of 120 days from the Closing Date. Any negotiations, or request by Council for information,
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clarification or alteration to a Tender shall not constitute rejection of that Tender and shall not effect
the Validity Period.

2.9: RESPONDENTS COSTS

Council is not responsible for any costs, expenses or losses which may be incurred by a
Respondent (whether successful or otherwise) as a result of participating in the Tender process.

2.10: ETHICS AND FAIR DEALINGS

2.10.1: Participants agree to Act with Integrity
The Respondent must comply with and observe the ethical principles in Auburn City Councils
Statement of Business Ethics which is available from Councils website:
http://www.auburn.nsw.gov.au/Govern1/TendersandContracts/TenderDocuments/Statement of
Business Ethics.pdf
2.10.2: Auburn City Council Code of Conduct
The Respondent must comply with and observe the ethical principles in Auburn City Councils Code
of Conduct which is available from Councils website:
http://www.auburn.nsw.gov.au/Govern1/CouncilandDemocracy/CouncilandDemocracyDocuments/C
ode%20of%20Conduct.pdf
The Code of Conduct specifically requires that Councillors and staff shall not seek or accept any
payment, gift or benefit intended or likely to influence, or that could be reasonably perceived by an
impartial observer as intended or likely to influence them to:

Act in a particular way (including making a particular decision)

Fail to act in a particular circumstance

Otherwise deviate from the proper exercise of their official duties.

2.10.3: Collusive Tendering

The Respondent shall not enter into any agreement with any other Respondent or any industry
association concerning the preparation of this Tender and in particular, but without limitation to the
foregoing requirement, shall not include in the pricing of the Tender any amount to be paid to an
unsuccessful Respondent or any trade or industry association above the published standard fee.
The Respondent shall not seek to obtain knowledge of the Tender price/s of any other Respondent
and shall not reveal its Tender price/s to any other Respondent at any time prior to the acceptance
of a Tender.
In the event that the Respondent becomes aware of or is approached by anyone on any matter
which contravenes the foregoing or any statutory legislation, regulations or authority under
Commonwealth and/or State laws the Respondent shall immediately give written notice to Council.

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2.10.4: Conflict of Interest

The Respondent declares that, at the time of submitting their response, other than conflicts notified
to Auburn City Council, no conflict of interest exists, or is likely to arise, which would affect the
performance of its obligations, if the respondent were to enter into a contract.

2.11: TAX
Unless otherwise provided for in this Request for Tender, all rates, lump sums and other amounts
quoted shall be fully inclusive of any allowance for the Goods and Services Tax (GST) and any
other tax that may be applicable.

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Section 3: CONDITIONS OF CONTRACT

3.1: DEFINITIONS
Business Day
Any calendar day other than Saturday, Sunday, Public Holiday; or 27, 28 29, 30 or 31st December.
Principal's Acceptance
A notice in writing issued by the Principal to the Contractor accepting the Respondents Tender.
Works
The whole of the work to be carried out and materials and services to be provided under the
Contract.
Contractor
"Contractor" means the party bound to execute the work under the Contract.
Principal Representative
Shall mean the designated Auburn City Councils Officer.
Principal
Principal shall mean Auburn City Council.
Government Information (Public Access) Act 2009 (GIPA Act)
The purpose of the GIPA Act is to facilitate public access to government information. Under the
GIPA Act, private-sector organisations that are engaged to provide a service to the public on behalf
of a government agency have obligations to provide contract information held by the contractor to
the government agency upon request.

3.2: NOTICES
Any notice given under this Contract shall:
be in writing addressed to the intended recipient at the address last notified by the intended
recipient to the sender, be signed by an authorised officer of the sender, and be taken to have been
given or made (in the case of delivery in person or by fax, cable or post) when delivered, received or
left at the specified address.
If delivery or receipt of a notice occurs on a day on which business is not generally carried on in the
place to which the communication is sent or later than 4:00 p.m. (local time), it shall be taken to
have occurred at the commencement of business on the next business day in that place.
Notices to the Principal shall be addressed to the person nominated as the Principals
Representative.

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3.3: QUALITY OF GOODS

The Contractor is to supply materials (which are new, free from defects and suitable for the intended
purpose) and use standards of workmanship and work methods which are in conformity with the
Contract, relevant Australian Standards and all lawful requirements of Commonwealth and State
legislation and subordinate regulations, ordinances, by laws, orders and proclamations.

3.4: DEFECTS LIABILITY

The defects liability period shall be 48 months and commence on that items date of acceptance at
4:00 p.m. The Contractor shall carry out rectification at times and in a manner causing as little
inconvenience to the users of the works as is reasonably possible.
As soon as possible after acceptance, the Contractor shall rectify all defects existing at the date of
acceptance.
During the defects liability period, the Principal may give the Contractor a direction to rectify a defect
which shall identify the defect and the reasonable date for completion of its rectification.
If the rectification is not commenced or completed by the stated dates, the Principal may have the
rectification carried out by others but without prejudice to any other rights and remedies the Principal
may have. The cost thereby incurred shall be moneys due and payable by the Contractor.

3.5: CONTRACTORS OBLIGATIONS

3.5.1:

Knowledge of Requirements of the Principal

The Contractor shall use all reasonable efforts to inform itself of the requirements of the Principal
and shall regularly consult with the Principal during the performance of the Works.
3.5.2:

Discrepancies in Information

If the Contractor considers that information, documents and other particulars made available to it
are inadequate or contain errors or ambiguities, the Contractor shall give written notice as soon as
practicable to the Principal detailing the errors or ambiguities.
3.5.3:

Program

The Contractor shall, within 7 days from the date of the Letter of Acceptance, submit to the Principal
a project plan for the performance and completion of the Works.
3.5.4:

Timely Provision of Works

The Contractor shall perform the Works expeditiously and in accordance with the Project Plan.
3.5.5:

Delay

Not less than one day after becoming aware of any matter which is likely to change or which has
changed the scope or timing of the Works, the Contractor shall give written notice to the Principal
detailing the circumstances and extent or likely extent of the change or delay.

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3.5.6:

Alterations to Approved Documents

The Contractor shall not make any alteration to, addition to or omission from the Works without the
prior written approval of the Principal.
3.5.7:

Co-operation by the Contractor

The Contractor shall liaise, co-operate and confer with others as directed by the Principal.
3.5.8:

Contractor's Relationship with the Principal

The Contractor shall not act outside the scope of the authority conferred on it by this Contract and
shall not bind the Principal in any way or hold itself out as having any authority to do so, except
where authorised by the Principal in writing.
3.5.9:

Confidentiality

The Contractor and its servants or agents shall not, without the prior written consent of the Principal,
at any time issue any statement or communication or make any representation directly or indirectly
in connection with the Works or this Contract to any person or entity not a party to this Contract
other than as necessary to perform the Works, or with respect to any matter already within the
public domain.
3.5.10:

Contractor's Representative

The person named in the Schedules as the Contractors Representative shall be responsible on
behalf of the Contractor for all aspects of the Works and shall have the legal power to bind the
Contractor in respect of any matters arising in connection with the Works. Any substituted
representative shall be notified immediately in writing to the Principal.
3.5.11:

Subcontracting and Assignment

The Contractor shall not assign or subcontract any part of the Works without the prior written
approval of the Principal. Any such approval given by the Principal shall not relieve the Contractor
from its obligations and liabilities pursuant to this Contract.
3.5.12:

Statutory Requirements

The Contractor shall ensure that all work done in connection with the Works complies with the
requirements of all applicable legislation, codes and Authoritys requirements and all relevant
Australian Standards applicable to the Works.

3.6: PRINCIPALS OBLIGATIONS

3.6.1

Provide Information

The Principal shall as soon as practicable, or as required by this Contract:

make available to the Contractor all relevant instructions, information, documents, and any other
material and particulars, and answer queries made by the Contractor, relating to the Principal's
requirements in connection with this Contract.
3.6.2 Appoint a Representative
The Director Works and Services is appointed as the Principals Representative. The Principals
Representative has the legal power to bind the Principal in respect of any matters arising in
connection with the Works.
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3.7: PAYMENT
3.7.1

Fee

In consideration of the provision of the Works the Principal shall pay the Contractor the Fee set out
in the Schedule titled Schedule of Rates, subject to this Contract.
3.7.2

Effect of Payment of the Fee

Payment, in part or in total, of the Fee shall not constitute an acceptance by the Principal of the
Works and does not amount to a waiver of any right or action which the Principal may have at any
time against the Contractor.
3.7.3

Reimbursable Expenses

All costs, expenses, fees or charges incurred or paid by the Contractor shall be deemed to be
covered by the Fee, unless they are specifically detailed as Reimbursable Expenses in this
Contract. Where Reimbursable Expenses are agreed, the Contractor shall first obtain the
Principal's specific written approval, prior to incurring them.
3.7.4

Timing of Payment

On completion of each deliverable the Contractor shall lodge with the Principal a payment claim for
the Works performed (and for any approved reimbursable expenses).
The Principal shall make a payment within 30 days from the end of the month in which the claim is
received, but if the Principal requests access to information required to substantiate the claim, the
time for payment shall be extended by the number of days elapsing between the date of the
Principal's request and the date access to the information is granted.

3.8: VARIATIONS
3.8.1:

Instruction

The Principal may instruct the Contractor in writing to vary the Works, so long as the variation is
consistent with the general nature of the Works. The Contractor shall comply with such an
instruction.
3.8.2:

Request for Estimate

The Principal may, at any time, request the Contractor to provide a written estimate of the time, cost
and programming effects of a variation or a proposed variation. A written estimate shall be provided
by the Contractor within a time nominated by the Principal.
3.8.3:

Change in Council Operations

The Principal and Contractor acknowledge that a significant change in the operations of Council
such as an amalgamation with another Council, sharing of major operational or administrative
services with other Councils, or other similar events constitute significant changes in operations
which could give rise to variations in the contract.

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3.9: INSURANCE
Public Liability Insurance
The Contractor shall affect Public Liability Insurance for a minimum of $10 million. This shall be
kept current, with evidence of renewal to be provided for all and any period of the Contract.

3.10: GOODS AND SERVICES TAX

The Principal acknowledges that it is registered for GST and will notify the Contractor if it ceases to
be registered.
If the Contractor has provided an ABN as part of its Tender it acknowledges that it is registered for
Goods and Services Tax (GST) and will notify the Principal if it ceases to be registered.
If the Contractor does not quote its ABN in its Tender or on its claims or invoices, or otherwise
advise the Principal of its ABN relating to the service, the Principal will withhold tax from payments
in accordance with the A New Tax System (Pay As You Go) Act 1999.

3.11: DISPUTES
If either party is dissatisfied with an act or omission of the other party in connection with the
Contract, that party is to notify the Principals Agent and the other party in writing of a dispute within
14 days of the act or omission. The notifying party is to provide particulars, including the factual and
legal basis of any claimed entitlement. If the Contractor and Principals Agent have not resolved the
dispute within 21 days after the notice providing particulars of the dispute, the parties may appoint
an independent Expert to make a decision on the dispute.
The parties are to share equally the Experts fees and out-of-pocket expenses. Each party is to
otherwise bear its own costs and share equally any other costs of the process.
In making the decision, the Expert acts as an expert and not as an arbitrator and is:
1. not liable for acts, omissions or negligence;
2. to make the decision on the basis of the written submissions from the parties and without
formalities such as a hearing; and
3. Required within 35 days of appointment to give the decision in writing, with brief reasons, to
each party.
The experts decision is binding unless it requires one party to pay the other an amount exceeding
$100,000 and within 14 days of receiving the decision, either party gives notice in writing to the
other that the party is dissatisfied. In this case the decision is of no effect and either party may then
commence litigation.
If the Experts decision is binding, and requires one party to pay the other party money, that party is
to pay the money within 14 days of receiving the decision of the Expert.

3.12: SUSPENSION
The Principals Representative may direct the Contractor to suspend all or part of the Works and the
Contractor is to carry out the direction.
If the direction to suspend the work is due to any act or omission of the Principal, the Principals
Representative and the Contractor are to meet to agree on the reasonable extra costs payable to
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the Contractor which resulted from the suspension. If they do not agree within 14 days after the
meeting, the Principals Representative is to assess those extra costs.
The Contractor is to recommence the Works as soon as practicable after being directed to do so by
the Principals Representative.

3.13: TERMINATION
Without prejudice to any other rights which the Principal has, if the Contractor commits a substantial
breach of the Contract, including:
1. failing to carry out a direction of the Principals Representative within the time specified;
2. not progressing the Works at a reasonable rate;
3. Failing to effect or maintain any insurance required by the Contract; the Principal may, in
writing, specify the breach and ask the Contractor to give reasons why the Principal should
not take further action.
If the Contractor either fails to give a written response within 7 days of receiving the Principals
notice, or fails to give reasons satisfactory to the Principal, then the Principal, through the Principals
Representative may immediately terminate the Contract by notice in writing to the Contractor, in
which case the respective rights and liabilities of the parties shall be the same as they would be at
common law if the Contractor had wrongfully repudiated the Contract.
Having terminated the contract the Principal may immediately take over the uncompelled Works by
notice in writing, suspend payments due or which would become due under Clause 12, and have
the Works completed by others. The Principals Representative is to calculate the difference
between the costs of having the Works completed by others and the amount of suspended
payments held by the Principal. If the calculation results in a shortfall of the Principal, the
Contractor is to pay the amount of the shortfall to the Principal within 7 days of a written demand for
payment. If the calculation results in an excess to the Principal, the Principal is to pay the amount of
the excess to the Contractor.

3.14: ACCESS TO INFORMATION (GIPA ACT, S.54)

1.

2.

The Contractor must, within 7 days of receiving a written request by the Council,
provide the Council with immediate access to the following information contained in
records held by the Contractor:
(a)

information that relates directly to the performance of the Works provided to

the Council by the Contractor pursuant to the Contract;

(b)

information collected by the Contractor from members of the public to whom it

provides, or offers to provide, the Works pursuant to the Contract; and

(c)

information received by the Contractor from the Council to enable it to provide

the Works pursuant to the Contract.

For the purposes of sub-clause (1), information does not include:

(a)

Auburn City Council

information that discloses or would tend to disclose the Contractors financing

arrangements, financial modelling, cost structure or profit margin;
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(b)

information that the Contractor is prohibited from disclosing to the Council by

provision made by or under any Act, whether of any State or Territory, or of
the Commonwealth; or

(c)

information that, if disclosed to the Council, could reasonably be expected to

place the Contractor at a substantial commercial disadvantage in relation to
the Council, whether at present or in the future.

3.

The Contractor will provide copies of any of the information in sub-clause (1), as
requested by the Council, at the Contractors own expense.

4.

Any failure by the Contractor to comply with any request pursuant to sub-clause (1)
or (3) will be considered a breach of an essential term and will allow the Council to
terminate the Contract by providing notice in writing of its intention to do so with the
termination to take effect 7 days after receipt of the notice. Once the Contractor
receives the notice, if it fails to remedy the breach within the 7 day period to the
satisfaction of the Council, then the termination will take effect 7 days after receipt of
the notice.

3.15: CONSULTATION (GIPA ACT, S.54)

(1)

The Council will take reasonably practicable steps to consult with the Contractor
before providing any person with access to information relating to the Contract, in
response to an access application under the Government Information (Public
Access) Act 2009 (GIPA Act), if it appears that:
(a)

(2)

the information:
i.

includes personal information about the Contractor or its employees;

ii.

concerns the Contractors business, commercial, professional or

financial interests; or

iii.

concerns research that has been, is being, or is intended to be, carried

out by or on behalf of the Contractor; or

iv.

concerns the affairs of a government of the Commonwealth or another

State (and the Contractor is that government);

(b)

the Contractor may reasonably be expected to have concerns about the

disclosure of the information; and

(c)

those concerns may reasonably be expected to be relevant to the question of

whether there is a public interest consideration against disclosure of the
information.

If, following consultation between the Council and the Contractor, the Contractor
objects to disclosure of some or all of the information, the Contractor must provide
details of any such objection (including the information objected to and the reasons
for any such objection) within 5 days of the conclusion of the consultation process.

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(3)

In determining whether there is an overriding public interest against disclosure of

government information, the Council will take into account any objection received by
the Contractor.

(4)

If the Contractor objects to the disclosure of some or all of the information but the
Council nonetheless decides to release the information, the Council must not provide
access until it has given the Contractor notice of the Councils decision and notice of
the Contractors right to have that decision reviewed.

(5)

Where the Council has given notice to the Contractor in accordance with sub-clause
(4), the Council must not provide access to the information:
(a)

before the period for applying for review of the decision under Part 5 of the
GIPA Act has expired; or

(b)

where any review of the decision duly applied for is pending.

The reference in sub-clause (5)(a) to the period for applying for review of the decision under Part 5
of the GIPA Act does not include the period that may be available by way of extension of time to
apply for review.

3.16: REGISTRATION OF INSURANCES AND WHS DOCUMENTATION

The Contractor must be registered and approved with BNG Contractor Services prior to works
commencing. Registration cost is $187 inc GST annually, and all costs for registration must be met
by the supplier. Registration and approval must be maintained for the duration of the contract.
BNG contact details
conserve@bngconsulting.com.au

Tel: (02) 8883 1501

Fax: (02) 8883 1502
www.bngconserve.com.au

3.17: ETHICS AND FAIR DEALINGS

3.17.1: Participants agree to Act with Integrity
The Contractor must comply with and observe the ethical principles in Auburn City Councils
Statement of Business Ethics which is available from Councils website:
http://www.auburn.nsw.gov.au/Govern1/TendersandContracts/TenderDocuments/Statement of
Business Ethics.pdf
3.17.2: Auburn City Council Code of Conduct
The Contractor must comply with and observe the ethical principles in Auburn City Councils Code
of Conduct which is available from Councils website:
http://www.auburn.nsw.gov.au/Govern1/CouncilandDemocracy/CouncilandDemocracyDocuments/C
ode%20of%20Conduct.pdf

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The Code of Conduct specifically requires that Councillors and staff shall not seek or accept any
payment, gift or benefit intended or likely to influence, or that could be reasonably perceived by an
impartial observer as intended or likely to influence them to:

Act in a particular way (including making a particular decision)

Fail to act in a particular circumstance

Otherwise deviate from the proper exercise of their official duties.

3.17.3: Conflict of Interest

The Contractor declares that, other than conflicts notified to Auburn City Council, no conflict of
interest exists, or is likely to arise, which would affect the performance of its obligations under this
Contract.

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Section 4:SPECIFICATION ROAD SUCTION SWEEPER

4.1.

INTRODUCTION

This Specification calls for the supply of:

One (1) only Road Suction Regenerative Air Sweeper with dual steer, and be suitable for collection
of litter and silt from roadways.

4.2.

REQUIREMENTS

STATUTORY REQUIREMENTS
The design and manufacture of these garbage compaction trucks shall meet and comply with all
current registration and design rule requirements stipulated by the Roads and Maritime Services of
New South Wales and all relevant sections of the WorkCovers Health and Safety at Work The
Waste Management and Recycling Industry, requirements.

4.3.

NOISE

Council will require independent certification of noise levels prior to delivery. This cost is to be
included in the Tender.

The nose levels when the vehicle is operating are to be stated for internal cabin noise levels
and at 7.0 metres together with accepted noise levels, as per workcover requirements.

Noise level inside cabin shall not exceed 78 Decibels.

Noise levels outside the cabin shall not exceed 105 Decibels.

4.4.

SERVICE PLATE

Each unit is to be fitted with a durable (aluminium) operators daily service instruction plate.
PAINTING (COMPACTION BODY AND BODY OF SWEEPER)
All metal surfaces shall be dry and thoroughly cleaned of mill-scale, grease, oil and rust before
welding or applying the priming coat. Mill-scale on rolled steel surfaces shall be removed by
abrasive blast cleaning. All surfaces shall be thoroughly primed before assembly. The priming and
surface preparation shall be in accordance with paint manufacturers recommendations. Where
panels are to be covered by framework they shall be cleaned and primed prior to assembly.
All welds, pits, scratches etc. are to be completely filled and the surfacing coats sanded down
smooth before finishing coats are applied.
The compactor body is to be painted white using commercial, high gloss finish, free from runs,
prominent orange peel or other defects.

The sweeper body is to be painted white to match existing fleet vehicles.

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Any signs required by Roads and Maritime Services denoting Left Hand Drive and suitable
hazard warnings to be provided.

4.5.

RISK ASSESSMENT OF COMPLETED UNIT

Under the NSW Work Health and Safety (WHS) regulations 2011, the supplier (seller) of equipment
is to provide the purchaser, details of the risks associated arising from the condition and use of the
particular item being offered. The supplier is to provide a WorkCover complying risk assessment as
a mandatory requirement of this Quotation. Failure to provide this requirement will result in the
Tender NOT being considered.

4.6.

KEYS

Three (3) sets of keys are required with each unit.

4.7.

WARRANTY

Complete details of warranty offered on the cab chassis and compaction bodies Quoted shall be
stated. A minimum of (24) months is required.

4.8.

MANUALS

The following manuals are required for the chassis and compaction body.
a)

One operator manual for each unit delivered and one for the maintenance section.

b)

One comprehensive parts manual and / or CD Rom.

c)

One comprehensive workshop service and repair manual.

Prices for these manuals are to be included for each item of plant.

4.9.

PRE-DELIVERY INSPECTION

Council is to be offered the option of pre-delivery inspection.

4.10.

DELIVERY

Respondents are to provide a firm lead time from receipt of Councils Letter of Acceptance or
Purchase Order.

4.11.

SPECIFICATION AND BROCHURES

Tenders are to include comprehensive details of the cab chassis and compaction bodies being
offered including specifications and brochures.
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4.12.

PARTS AVAILABILITY

Tenders must provide a complete list of parts for each machine, In addition Respondents must state
the location of their parts facility nearest to Councils Depot at Auburn and also indicate what
assurances can be given as to minimise delay in supply of any part not stocked at that location.

4.13.

SERVICE AVAILABILITY

Tenders should indicate what field service facilities are available for warranty or for any subsequent
dealer service which Council may wish to utilise within its area.

4.14.

TRAINING

Operation and maintenance training for Councils Drivers and Maintenance staff is required to be
arranged at a mutually agreeable time shortly after delivery of completed unit. Respondents are to
supply details of training to be offered.

4.15.

TOOLS AND TOOL BOX

An externally mounted lockable toolbox is required, complete with a tool kit for the driver, comprising
as a minimum an effective jack and wheel brace, and breakdown warning triangles. The toolbox is
to be large enough to store daily consumables such as gloves and spare wheel and axle assemblies
for wheeled garbage containers.
The tool box should be as large as possible for the space available and are to be specified in the
Tender response.

4.16.

REGISTRATION

The successful Respondent is to register the completed units on behalf of Council prior to delivery.
The registration shall run to Councils common expiry date of 1th September. All registration forms
and CTP green slips shall be provided with Councils official order. The registration costs are to
be invoiced separately and not included in the Tender price.

4.17.

SIGNWRITING

Respondents are required to allow for signwriting on the cabin and body of the vehicle and all
signwriting must be to Auburn City Council specifications.

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4.18.

ROAD SUCTION SWEEPER

CAB/CHASSIS REQUIREMENTS

Cabin/chassis design to be fully integrated for use with sweeper body.

Hopper body to be between 3m 6m.

Vehicle to comply with Roads and Maritime Services and Workcover requirements.

Both left and right hand driving and operation controls are to be fitted to the vehicle.

Drive controls shall be fitted by the truck manufacturer or approved by the truck manufacturer
and Roads and Maritime Services, and not to affect truck warranty.

Cabin to incorporate twin windscreen wipers and washers.

Cabin to be fully air-conditioned.

AM/FM Radio, CD Player, Bluetooth.

Main engine hour meter.

Tinted windows.

Supply spare wheel and tyre (no spare wheel carrier required).

Two West Coast Type rear view mirrors (one each side) heated and adjustable from inside the
cab shall be fitted and be approximately 460mm x 125mm including spot mirrors.

Interior and exterior rear view mirrors for maximum visibility for driver.

Vehicle registration as plant to Auburn Councils common expiry date 1 September.

Internal cabin light.

Internal/External sunvisor.

Storage facility for Operators personal effects inside the cabin.

Variable speed washer/wipers.

Access to cabin from both sides.

Colour camera with viewing to rear. Display to be visible from both side seats.

2Kg dry powder fire extinguisher in cabin.

External hopper tipping control.

Centre mounted control console capable of use from both sides.

Battery isolator.

Cabin to have an air connection for cleaning out purposes.

Cabin to have tilt function not manual.

Wiring for UHF and Mobile Phone.

Controls shall be ergonomically positioned for ease of use by driver.

Seats are to be air operated with Tilt/Slide adjustment and Lumbar Support.

Reversing alarm adjustable.

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4.19.

MAIN ENGINE REQUIREMENTS

Engine: Diesel 6 Cylinder preferably liquid cooled, naturally aspirated with a maximum net
power up to 190 kw or manufacturers rating. Full details of specifications required.

4.20.

DIMENSIONS

Must be specified for the waste collection body and comply with the recommendations of the
National Association State Road Authorities and NSW Roads and Maritime Services for unrestricted
24 hour use.
The following dimensions must be stated:
Wheel Base.
Rear of cabin to rear axle.
Rear of cabin to front axle.

4.21.

Gear box to be Allison Automatic Transmission Model AT545, or equivalent, or Hydrostatic

Transmission.

4.22.

AUTOMATIC TRANSMISSION

STEERING

Steering to be power assisted with dual control full details required.

4.23.

PAINTING (CAB CHASSIS)

The cabin and body exterior is to be finished in whote and the chassis in black.

4.24.

PAYLOAD AND AXLE LOADINGS

Payload details and axle loadings to be included in the Tender.

4.25.

SWEEPER BODY UNIT

Sweeper body unit to be all stainless steel welded construction with a body free air volume
of at least 3.5m3.

Rear door is to be locked and sealed automatically and incorporate separate.

Inspection/access door. The rear door shall be fitted with a safety prop.

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Body to be readily propped when carrying out any service or maintenance works.

Hopper to be emptied into rear loader garbage truck.

4.26.

BODY LIFTING EQUIPMENT

Hydraulic system for body raising and rear door opening is to be driven by P.T.O/pump fitted
to the chassis engine/gearbox. A Chelsea Hot Shift design required, or similar.

Control valves for the manual control of body raising and rear door opening processes to be
provided externally near side of vehicle mid mounted.

Body is to be equipped with single lift cylinder and an underbody safety prop.

P.T.O sector/engaged indicator lamp to be provided in cabin console.

4.27.

AUXILIARY ENGINE (IF FITTED)

Auxiliary engine to be 4-cylinder diesel water-cooled engine type.

Auxiliary engine to be fitted with equipment to shut down the engine in the event of loss of
lubricating oil pressure or over heating of coolant.

Air cleaner to be dry type with safety element. A restriction indicator is to be provided.

Fuel tank capacity to be minimum 100 litres and fitted with filler cap/breather and visual level
gauge.

Auxiliary engine start/run switch to be provided in the cabin.

Oil pressure gauge, hour gauge and coolant temperature gauge to be provided in cabin
console.

4.28.

WATER SYSTEM

Water tank to be integrated with body, stainless steel construction or corrosion resistant
material.

4.29.

WATER SPRAYS

Water sprays for dust suppression to be provided at the front and rear of the machine,
adjacent to the gutter brush, within the suction nozzle.

Water spray jet controls to be provided within the cabin.

High pressure washing system comprising hand wand and at least 10m of H.P.hose on a
retractable reel.

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4.30.

SWEEPING EQUIPMENT

Sweeping equipment to consist of two (2) gutter brushes (left and right hand) and one (1)
wide sweep brush.

Wide sweep brush to be of polypropylene material.

variable via a regulated gauge indication control.

Sweep width up to 3500mm.

Left and right gutter brooms 400mm to 1000mm diameter.

Hopper screen vibrators.

Shovel and broom storage rack.

Safety walway on unit.

4.31.

Brush pressure on the road to be

SUCTION FAN

Suction fan to be hydraulically or mechanically driven and incorporate a fluid coupling as

necessary.

4.32.

SWEEPER CONTROLS

All sweeping operations to be controlled from within the cabin.

Payload indicator lamp to be provided which will indicate when the vehicle has a full load of
sweepings.

Controls to select right and left hand sweeping operation to be provided within the cabin.

4.33.

WORKS LAMPS

LED Left and Right hand work lamps are to be provided to illuminate the gutter sweeping
equipment and immediate work area.

Control to select an appropriate work lamp for night sweeping is to be provided within the
cabin.

4.34.

BEACON

LED Amber Strobe light Beacon (rotating) is to be fitted to both the front and the rear of the
machine.

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