Three Rivers District Council Waste Services - vehicle maintenance CONTRACT
Waste Services
Fleet Management
Vehicle Maintenance Contract
2009 - 2016
Contract Documents
Three Rivers District Council
Three Rivers House
Northway
RICKMANSWORTH
Herts
WD3 1RL
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Three Rivers District Council Waste Services - vehicle maintenance CONTRACT
Waste Services
FLEET MANAGEMENT
VEHICLE Maintenance CONTRACT
CONTENTS
Section / Page1 / General information to Tenderers / 1
A / Invitation to Tender / 2-6
B / Form of Bond and Example of Deed of Guarantee / 7-11
C / Conditions of Contract / 11-30
D / General Conditions of THE CONTRACT / 31-35
E / Vehicle Specifications / 36-43
F / Schedule of Rates / 44-52
G / Schedule to Conditions of Contract / 53
H / Articles of Agreement / 54-55
I / Certificate of Compliance / 56
J
appendix 1
appendix 2
appendix 3
appendix 4
appendix 5
appendix 6 / Form of Tender
The partnering management board
schedule of whole life maintenance costs
conciliation mediation
vehicle servicing frequencie
schedule of vehicle turn around times
Vehicle descriptions / 57-59
60
61
62
63
64
65
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Three Rivers District Council Waste Services - vehicle maintenance CONTRACT
GENERAL INFORMATION TO TENDERERS
Three Rivers District Council's require full maintenance on its fleet of vehicles for the Waste services contract, which the successful contractor will start on the 29thJune 2009 and run until 1st July 2016 with the possibility of a two year extension.
This contract is for the full maintenance over the 7 year term for the above vehicles. The contractor should note that vehicles may be removed from the contract and additional vehicles added to the contract over its term. The contractor will be responsible for holding a CPC licence to operate the Councils fleet and must make all the necessary arrangements with the Traffic Commissioner.
The contractor will be paid, monthly, one twelfth of the annual cost, shown, in the form of tenders, for each vehicle. An annual increase equivalent to the published RPI will also be added on each anniversary of the commencement of the contract, as specified herein. The costs of maintenance will increase with the age of the fleet. The payments made over the contract term reflect this and increase annually. See Appendix2
A monthly payment will be made on a per vehicle basis. The contractor carries out all servicing, repair or other work on the vehicles during the contract term. The attention of tenderers is directed to the requirement to supply and have available at no notice a substitute vehicle.
The Contractor will be required to carry out the whole life maintenance and repair or other work. The extent of the work includes, but is not limited to :
- Routine preventative maintenance
- Mechanical failure and repair / replacement
- Replacement of worn components / parts
- Emergency repairs
- Pre-MOT inspection and servicing
- Delivery / collection of vehicles for MOT testing
- HGV ‘O’ Licence safety inspection and lubrication
- Steam cleaning
- Carry out weekly computer checks on all vehicles where fitted
- Tyres
- Out of hours call out
- Vehicle recovery from any location where as a result of breakdown or howsoever caused and as notified by the Authorised Officer.
- Other miscellaneous mechanical works to vehicles and associated equipment.
There will be an open day on Saturday 14th February 2009 from 8.00am 12 noon for vehicle
Inspections, it is the contractors responsibility ensure that they are full au fait with the
Vehicles within the tender.
SECTION A
INVITATION TO TENDER
A1THE SERVICE
A1.1The THREE RIVERS DISTRICT COUNCIL (the Authority) invites tenders for THE FLEET MANAGEMETNT AND VEHICLE MAINTENANCE CONTRACT, in accordance with the attached documents.
A1.2Prospective Tenderers must ensure that they are fully familiar with the nature of the obligations to be accepted by them if their tender is accepted, including the Authority’s Standing Orders, a copy of which may be seen by arrangement. Prospective Tenderers may visit relevant locations by prior arrangement.
A1.3The Contract Period is for seven years commencing on 29 June 2009 with the possibility of a two year extension on the existing rates.
A1.4Tenders must be submitted for the supply of the whole of the Service on the terms set out in the Tender Documents. Tenders for any part only of the Service will be rejected.
A2PREPARATION OF TENDER
A2.1Should any prospective Tenderer be in any doubt as to the interpretation of any part of the Contract Documents, the Services Manager, or his nominated officer, shall endeavour to answer written enquiries prior to tenders being submitted.
A2.2It is the responsibility of prospective Tenderers to obtain for themselves, at their own expense, any additional information necessary for the preparation of their tenders.
A2.3All information supplied by the Authority in connection with this Invitation to Tender shall be treated as confidential by prospective Tenderers, except that such information may be disclosed so far as is necessary for the purpose of obtaining sureties, guarantees and quotations necessary for the preparation and submission of the tender.
A2.4The attached documents are, and shall remain, the property of the Authority. The documents shall be returned with the tender, and, if no tender is submitted, upon demand.
A2.5Tenderers may be required to demonstrate their ability to provide the Service.
A2.6 The Authority believe that TUPE will apply to this contract
A3SUBMISSION OF TENDER
A3.1Tenders for the Contract shall be submitted on the Form of Tender (SectionJ) included which must be signed by the Tenderer and submitted in the manner and by the date and time stated below.
A3.2The following must also be submitted, duly completed and signed where relevant:
(i)Schedules for the maintenance of Vehicle Rates (Section F);
(ii)The Certificate of Compliance (Section I);
(iii)The Contractor's Method Statement.
(iv)Location of contractor’s depot.
(v)Copies of employees Certificates / Qualifications
(vi)List of plant and equipment
A3.3Tenderers must also provide the following information with their tender unless it has already been supplied with the application to tender:
(i)An analysis of resources to be used in the Contract.
(ii)The management, supervisory and administrative structure, including brief biographical details of the principal managers proposed to be employed in the performance of the Service.
(iii)The Tenderer’s Health and Safety Policy including Risk Assessments.
(iv)A statement of the names and home addresses of the partners if the Tenderer is a partnership or a statement of the names and home addresses of the directors and secretary if the Tenderer is a company. If an offer is made by an agent the full name and address of the principals as well as the agent must be given and there must be enclosed with the Tender a document authorising the agent to make the Tender on his or their behalf.
(v)Audited accounts for the last three of the Tenderer’s financial years (or for the period of the Tenderer’s incorporation if a company, or of the Tenderer’s trading if a partnership or sole trader, if such a period be less than three years) or an explanation as to why audited accounts are nor available, and if the accounts are for a year ending more than 10 months ago a statement of turnover since the last set of published accounts.
(vi)The names of the Tenderer’s bankers and of two other trade or credit referees.
(vii)The name of the Tenderer’s proposed surety. (The Form of Bond required by the Authority is in Section Bof the Tender Documents.) The sum which will be required under the Bond is 10% of the annual value of the Contract.
(viii)Where applicable a statement setting out the Tenderer’s status as a subsidiary company or otherwise within the meaning of Section 736 of the Companies Act 1985 and, if appropriate, the name and registered address of the ultimate holding company together with a holding company Guarantee in the form incorporated in the Tender Documents (Section B).
(ix)Copies of the Tenderer’s Public Liability and Insurance cover.
A3.4All documents requiring signature shall be signed: -
(i)Where the Tenderer is an individual by that individual.
(ii)Where the Tenderer is a partnership by two duly authorised partners.
(iii)Where the Tenderer is a company by two directors or by a director and the secretary of the company, such persons being duly authorised for that purpose.
A3.5All documents should be signed, sealed or executed as a Deed as specified.
A3.6All prices rates etc. quoted are to be exclusive of Value Added Tax.
A3.7The successful Tenderer may be required to execute a formal contract and, until such execution, the successful tender, together with the Authority’s written acceptance shall form a binding agreement in the terms of the Contract Documents.
A3.8Tenders must not be qualified and must be submitted strictly in accordance with the Contract Documentation listed in this Invitation to Tender. Tenderersmust not make changes to these documents, add or substitute any term or condition. Tenders must not be conditional or be accompanied by statements that could be construed as rendering them equivocal and/or placed on a different footing from other tenderers. Only tenders submitted without qualification strictly in accordance with these instructions will be accepted for consideration. The Authority’s decision on whether or not a Tender is acceptable will be final and the Tenderer concerned will not be consulted. If a Tender is excluded from further consideration the Tenderer will be notified.
A3.9The Tenderer must indicate at the time of submission of the Tender whether;-
(i)The Authority by any of its Officers may inspect any other contractual work of a relevant nature being carried out anywhere by the Tenderer; and
(ii)The Tenderer is prepared to attend at the Council before its Officers and Members in order to give presentation(s) of how the Tenderer would conduct the Service and any other related matters should the Tenderer be asked to do so.
A4QUERIES REGARDING CONTRACT DOCUMENTATION
A4.1Where Tenderers have any enquiries arising from the Contract Documentation which may have a bearing on the offer to be made these should be raised with the Authorised Officer as soon as possible. Where such an enquiry has been made, a copy of the enquiry and a copy of the written reply from the Authorised Officer will be circulated to all Tenderers although anonymity will be preserved.
A4.2 The Authority reserves the right to make changes of a drafting nature to the Contract
Documentation. Such changes shall be accepted by the Tenderer without
reservation.
A4.3If the Authority requires to make more substantial alterations to the Contract Documentation, then the Authority shall have the right to price the changes, on a quantum meruit basis. Should the revised price structure not be agreed by the Tenderer, then the Tenderer may withdraw.
A5ADDENDA AND CORRIGENDA
All Addenda and Corrigenda will be issued to every Tenderer and shall become part of the Contract Documents. Tenderers shall promptly acknowledge, in writing, receipt of such Addendum or Corrigendum.
A6AWARD OF CONTRACT
A6.1The Authority is not bound to consider or accept the lowest or any tender, and shall not be responsible for any costs in connection with the preparation thereof.
A6.2This tender is covered by the EC Public Procurement Directive relating to services. The Contracts will be awarded on the basis of the most economically advantageous tender.
A6.3The criteria for evaluation of the tender submissions are as follows:
- Price.
- Method statement detailing service support and arrangements for back up and relief vehicles.
- Technical merit, including tenderers previous service record and health and safety methods.
- Functional characteristics.
- Technical assistance.
- References.
- Financial and legal status.
- Qualifications of employees.
- Location of depot.
- Plant and equipment.
A7TENDER SUBMISSION
A7.1The Tender Submission(s) and all accompanying documents must be carefully parcelled, sealed in the enclosed addressed tender envelope and delivered to:
The Director of Corporate Resources and Governance
Three Rivers District Council
Three Rivers House
Northway
Rickmansworth
Herts
WD3 1RL
To arrive no later than 12.00 hours (noon), on the ?? 2009.
NO MARKINGS OR MEANS OF IDENTIFICATION SHALL BE MADE ON THE OUTSIDE OF THE TENDER ENVELOPE OR PARCEL.
Note:Should the tender envelope be too small to contain the tender it must be affixed to the outside of the parcel.
A7.2Tenders received after 12.00 hours (noon) on the ?? 2009 will not be considered.
SECTION B
Three Rivers District Council
FORM OF BOND
THIS PERFORMANCE BOND is made the ...... day of ...... 2009
BETWEEN
(1) ......
whose registered office is at
......
(hereinafter called “the Surety”)
(2) ......
whose registered office is at
......
(hereinafter called “the Contractor")
(3)THREE RIVERS DISTRICT COUNCIL
of Three Rivers House, Northway, Rickmansworth, Hertfordshire WD3 1RL
(“the Authority”)
in the sum of pounds sterling (£ ) ("the Sum") and in relation to a Contract dated and made between the Contractor and the Authority for the provision and maintenance of Refuse and Recycling Vehicles within the District ("the Service").
Whereas the Contractor has entered into the Contract with the Authority which Contract, with all its conditions, appendices and annexes shall be regarded as being incorporated herein.
NOW IN CONSIDERATION of the payment of ONE POUND (£1) by the Authority to the Contractor (receipt of which the Contractor acknowledges) and the payment of ONE POUND (£1) by the Authority to the Surety (receipt of which the Surety acknowledges) it is hereby agreed as follows:
1.The Contractor and the Surety are held and firmly bound to the Authority in the above Sum for the payment of which sum the Contractor and the Surety bind themselves jointly and severally by this Bond.
2.If the Contractor shall fully comply with all the Conditions and other provisions of the Contract on its part to be kept and performed according to the Contract or if default by the Contractor (which shall mean any breach by the Contractor of any of the terms of the Contract or the termination of the Contract by reasons of the insolvency of the Contractor or any fraud or corruption by the Contractor ("Event of Default")) the Surety shall satisfy and discharge any damages, losses, costs, liabilities and/or expenses ("the Damages") sustained by the Authority thereby up to the sum then this Bond shall be discharged but otherwise it shall remain in full force. If an Event of Default shall occur the Surety and the Contractor shall jointly and severally undertake to pay to the Authority the Damages sustained by the Authority by reason thereof as soon as the amount of such Damages has been ascertained and established.
3.The occurrence of either of the following shall not in any way release the Surety from its obligations hereunder:
(i)Any alteration to the nature or extent of the Service or otherwise to the Conditions or other provisions of the Contract.
(ii)Any allowance of time, forbearance, indulgence or other concession granted to the Contractor under the Contract or any other compromise or settlement of any dispute between the Authority and the Contractor (but the Authority shall not pursue against the Surety a remedy contrary to the terms of any such compromise or settlement insofar as the Contractor shall have complied with such terms).
4.The Surety's obligation and liability under this Bond shall continue, notwithstanding any disclaimer of the Contract by a liquidator or administrator appointed to the Contractor and the Contract shall, for the purposes of the Bond be deemed to continue notwithstanding any such disclaimer.
5.The Surety shall be released and discharged from its obligations under this Bond on ("the Expiry Date") save in respect for any claim notified to the Surety prior to such date.
6.The Courts of England and Wales shall have jurisdiction over any dispute or difference which may arise between the parties hereto out of or in connection with this Bond.
7.The parties hereto intend this Bond to take effect as a Deed.
IN WITNESS WHEREOF the Contractor and the Surety have executed this as a Deed this day of 2009.
The COMMON SEAL of the
CONTRACTOR was hereunto
affixed in the presence of:
(Signature)
(Director)
(Signature)
(Director/Secretary)
The COMMON SEAL of the
SURETY was hereunto
affixed in the presence of:
(Signature)
(Director)
(Signature)
(Director/Secretary)
DEED OF GUARANTEE
THIS AGREEMENT is made the ...... day of ...... 2009
BETWEEN ......
whose registered office is situated at ......
......
(hereinafter called “the Guarantor” of the one part and THREE RIVERS DISTRICT COUNCIL of Three Rivers House, Northway, Rickmansworth, Hertfordshire (“the Authority”) of the other part
WHEREAS
1.This agreement is supplemental to a contract (hereinafter called “the Contract“) of even date herewith and made between ......
(hereinafter called “the Contractor”) of the one part and the Authority of the other part whereby the Contractor has agreed to perform a Service for the Authority upon the terms and conditions more particularly described therein.
2.The Contractor is a subsidiary company of the Guarantor.
3.The Guarantor has agreed to guarantee the due performance of the Contract in manner hereinafter appearing.
NOW the Guarantor hereby agrees with the AUTHORITY as follows: -
1.If the Contractor (unless relieved from the performance by any Condition of the Contract or by the decision of a tribunal of competent jurisdiction) shall in any respect fail to perform the Contract or commits any breach of its obligations thereunder or shall cease to exist then the Guarantor will indemnify the Authority against all losses damages costs and expenses which may be incurred by it by reason of any default on the part of the Contractor in performing its obligations contained in the Contract.
2.The Guarantor shall not be discharged or released from this guarantee by any agreement conduct omission breach or repudiation by the Contractor or the Authority or by any forbearance whatsoever on the part of the Authority.
IN WITNESS WHEREOF the parties have hereunto caused their common seals to be affixed the day and year first before written
EXECUTED AS A DEED BY THE guarantor hereinbefore mentioned namely
......
by affixing its common seal
in the presence of
OR
acting by its director and its secretary / two directors whose signatures are here subscribed
namely......
(Signature) ...... Director
and......
(Signature) ...... Director/Secretary
CONDITIONS OF CONTRACT
C1DEFINITIONS AND INTERPRETATION
In these Conditions and in the Specification and the Articles of Agreement, except where the context otherwise requires, the following expressions shall have the meanings hereby ascribed to them: -