- 1. GENERAL
The Barbados Water Authority (BWA) desires to lease or purchase a vehicle suitably outfitted with a closed circuit television (CCTV) camera capable of being used to televise and record the condition of wastewater infrastructure such as mains and manholes. An invitation is therefore extended to bidders for the provision of such vehicle/equipment.
- INSTRUCTIONS TO TENDERERS
2.1 All bidders must supply the following information in their bids. Failure to provide the information will render the bid null and void: –
- Registration number of company;
- Country in which company is registered;
- The date on which the company was first incorporated and the names and addresses of all company directors. Certified copy must be issued by the Corporate Affairs Registry.
- A certified copy of company’s Certificate of Incorporation, as evidence that the company is in existence at the date of the bid; Failure to provide the certified copy of the Certificate of Incorporation will render the tender null and void. Certified copy must be issued by the Corporate Affairs Registry.
- Registered office of the company
- In the case of sole proprietorships or partnerships, the names and addresses of owners must be supplied. If the business is registered under the Registration of Business Names Act, a certified copy of the registration must also be provided. Certified copy must be issued by the Corporate Affairs Registry.
- Barbadian bidders must provide a copy of their VAT Registration Certificate and Tax Identification Number (TIN).
- Bidders should be aware that the labour clauses of (Public Contracts) Act, Cap. 349 shall, in so far as is applicable to the subject of the tender, apply to any contract made in respect of the tender.
- Bidders shall submit the following prices for vehicle/ equipment:
- Duty free VAT exclusive
- Duty paid VAT inclusive
- Monthly VAT inclusive Lease cost
- Monthly VAT inclusive Hire Purchase
- Five (5) year maintenance schedule, detailing works
- The number of calendar days required to deliver the vehicle/equipment once notified in writing or e-mail of a successful bid.
2.2 Tenders to be submitted via electronic mail with attachments in PDF format (For large files please submit multiple emails and attachments) to the email address below with the subject:
“TENDER FOR THE SUPPLY OF ONE (1) PURPOSE BUILT VEHICLE WITH AN INSTALLED (CCTV) SEWER PIPELINE INSPECTION SYSTEM FOR WW OPERATIONS # 012022” and addressed to:
Barbados Water Authority
to reach the office no later than Friday 18TH March , 2022 at 4:30pm.
2.3 No tender will be considered unless it complies with the conditions set out in this Notice.
2.4 The BWA does not bind itself to accept the lowest or any tender.
2.5 The BWA reserves the right to withdraw this tender notice at any time.
2.6 The BWA reserves the right to annul the process at any time prior to the award of contract without incurring any liabilities.
2.7 Any tender submitted after the closing time and date or any extension thereof will not be considered.
2.8 All tenders must be quoted in either Barbados Dollars or US Dollars delivered to BWA site. Tenders quoted in US dollars will be evaluated using the prevailing exchange rate at the date of closing of the tender.
2.9 Bidders must state all lead times and delivery dates.
The Barbados Water Authority reserves the right to apply and enforce penalties against a tenderer for non-performance as it relates to specified delivery dates. The total penalty shall not exceed 5% of contract sum for the first occurrence and 10% thereafter for each additional occurrence. When there is evidence that the lack of performance directly impacts the BWA’s operations penalties in the form of a retention on payments due to the Bidder shall be applied.
CONDITIONS OF TENDERING
- Acceptance of Tender and Tenderer’s Expenses
The BWA shall not reimburse the Bidder for any expense incurred in the preparation of this tender.
- Firm Price
No price variation clause may be included in the Tender. Prices in Barbados or US dollars must be quoted and such prices shall include all cost for materials, labour, transport, management fees and all other things necessary. Bidders shall submit a proposal for the financing of the purchase together with interest rates, principle and monthly payments.
- Tenderer to Obtain Their Own Information
The Bidder shall inform themselves on all matters necessary for compliance with and completion of the Contract and in all matters that might in any way affect the prices quoted.
Payments may be made after the delivery of vehicle/equipment. The method to be followed shall be agreed by the BWA and the Bidder prior to the signing of the contract.
Prior to any payment, the contractor/supplier shall submit to the BWA a statement in a form acceptable to the BWA, filled out and signed by the Bidder itemizing the vehicle/equipment delivered, costs, delivery dates and any other such data to assist the BWA in evaluating delivery. The statement shall also show the cumulative amount paid by the BWA as of the date of the statement and the balance amount.
The Bidder shall obtain adequate insurance to indemnify the BWA against all claims for death, injuries, damage to property and losses sustained by the Bidder during the procurement and performance of duties under this Contract.
Any interpretation of, or change in the Tender Document prior to the specified closing date, will be made only by Addendum issued by the BWA to each Bidder to whom the Tender Document has been issued and it shall become part of the Tender Document.
- Contract Documents
The Contract documents will comprise of the following:
- The Schedule and Specifications of Requirements:
- The Draft Conditions of Lease Contract;
The Bidder shall provide prices for Leasing, Hire purchase and Cash purchasing options
- Compliance with Conditions of Tendering
The Bidder must comply with all the above Conditions of Tendering. Failure to comply with or breach of any of the Conditions shall disqualify the Tender.
- Performance Security
9.1 The successful Tenderer shall furnish the performance security for the performance of the contract in a form acceptable to the BWA within twenty-seven (27) days of the receipts of notification of award from the BWA. The performance security shall be in a sum equivalent to ten percent (10%) of the contract price. The proceeds of the performance security shall be payable to the Barbados Water Authority as compensation for any loss resulting from the successful tenderer’s failure to complete its obligations under the contract. If the tenderer shall be in default of any of the terms and conditions of the contract, the BWA shall be entitled to make a claim against the performance security. The claim shall be in writing to the agency, bank or insurance company that issues the performance security.
9.2 The performance security shall be valid for one (1) year after the date for completion of the tenderer’s obligations, and shall be denominated in the currency of the contract or in a freely convertible currency acceptable to the BWA and shall be in one of the following forms:-
- A bank guarantee or irrevocable letter of credit, issued by a bank located in Barbados or abroad, acceptable to the BWA and in the form provided in the Bidding Documents or another form acceptable to the BWA; or
- A cashiers cheque, or certified check payable to the BWA or cash.
9.3 The performance security will be discharged by the BWA and returned to the tenderer not later than one (1) year following the date of completion of the tenderer’s performance obligations, including any warranty under the Contract.
VEHICLES/EQUIPMENT TO BE SUPPLIED:
One (1) purpose built Vehicle with an installed Close Circuit Television Camera (CCTV) sewer pipeline inspection system for Wastewater Operations.
scope of supply
- Pipeline Inspection (Camera) System
- The pipeline inspection system should be constructed of aluminum and stainless steel and be of the highest quality and capable of withstanding the harsh and corrosive wastewater environment.
- Camera systems should provide up to 120:1 optical/digital zoom.
- Cameral system should have built-in illumination thereby eliminating the need for an external lighthead other than in the case of additional lighting required for large diameter pipes.
- Camera should be supplied with its own transportation and storage case.
- Cameral system should be able to pan, rotate, zoom and focus quickly and easily, and allow for swift reorientation to its original position.
- Cameral should come equipped with a 10” touch screen pendant controller with joystick or gamepad controls of all cameral functions including focus, iris and shutter; allowing the operator to compensate for pipe conditions.
- Cameral shall be supplied with single-channel wireless remote capable of controlling the camera, crawler, lift and reel.
- Cameral shall be equipped with Laser measurement calipers for measurement of cracks and other defects.
- Camera/Crawler shall be equipped with a rear-view camera which sits above the water line and allows for reverse navigation.
- Camera should be of the highest resolution, allowing for the sharpest pictures with maximum detail.
- Camera should have a 400 degree optical viewing angle; 330 degree pan viewing angle range to allow for viewing of minute defects and voids around the pipe wall diameter.
- Camera should possess a minimum of four field-replaceable LED or Halogen lights, these lights should be internal and directional with the moving camera head for optimum illumination.
- Camera should have the option of 512Hz sonde for locating and an inclinometer for inclination surveys.
- Camera system shall include the provision of a minimum of 19” of flat screen colour industrial TV monitor and PCU assembly (rack mount)
- Camera system shall be provided with a CCU assembly, inclusive of alpha numeric information display, with multi paging and defect coding, remote “QWERTY” keyboard, and on screen footage display.
- Camera system shall be supplied with all accessories required to optimize operational efficiency such as downhole kits inclusive of top roller assembly, claw hook, manhole adaptor, hook assembly for retrieval, and pole assembly for retrieval.
- Camera system shall be supplied with all tools to facilitate continued efficient operation of the pipeline inspection system, and to facilitate swift modifications to the system depending on sewer conditions. Such tools include, but are not limited to, milliamp meter tool, electrical tape, needle nose pliers, six-In-one screwdriver, 6” adjustable wrench, anti-seize lubrication, allen wrench kits, soldering Iron kit, pliers, T-Handle Hex Wrench
- Camera Transporter Requirements
- Camera transporter should be a steerable unit designed to turn 360 degrees within its own radius.
- Transporter should have an infinitely variable transmission to maximize torque in large diameter pipes
- Transporter shall have forward, free wheel and power reverse.
- Transporter shall be equipped with a set of six driven rubber wheels to allow inspection of 8” diameter pipe
- All six (6) wheel drive transporter assembly to include motor and enclosed drive train.
- Transporter shall have a tip up rear connector
- Camera transporter shall be supplied with quick-change wheel packages that allow for efficient manoeuvrability in a variety of pipe sizes and pipe materials
- Transporter shall be supplied with a 10”-15” rubber tire kit, with the necessary spacer kits to allow for fitting of these tires
- Transporter shall have an 18” or similar pneumatic tire kit
- Transporter shall have an 8” steel or similar grit wheel kit
- Transporter shall have 10” – 15” steel grit or similar wheel kit
- Transporter should have a 21” or similar tracked system with 8” – 15” extenders.
- Camera shall be supplied with a remote operated camera lift system
- Cable and Reel
- Camera shall be equipped with a minimum of 1000’ of gold multi conductor Kevlar fibre armoured combination TV Transmission/Tow cable or similar
- Cable shall be a maximum of 0.250” in diameter. Larger diameter cable will NOT be accepted.
- Cable shall have a metal splice chamber with pigtail
- Cable shall have a means of relieving strain
- Cable reel should an effective coating to protect from corrosion
- Cable reel should have power leveling & Multi Ratio Manual Transmission
- Reel assembly should have a footage with local counter and remote electronic counter
- There should be a removable drip pan to allow easy clean up.
- Generator or mobile power system
- The vehicle shall be supplied with a generator or mobile power system capable of providing power to the CCTV pipeline inspection system and components while the vehicle engine is turned off.
- Camera system shall be supplied with software capable of generating reports and images/schematics of inspected infrastructure
- Supplied software shall be compatible with ESRI GIS and allow for seamless integration with the ARC GIS platform
- cctv Vehicle requirements
The vehicle to be supplied should be of a type serviceable by reputable automobile dealerships in Barbados and could be one of the following:
- Ford Transit minimum of 2.2L Cargo Van 2×4 Chassis (right hand drive), 10,360 lb. (4,698 kg) GVWR, diesel engine, 14’ (fourteen foot) load space with high roof. Consideration should be given to hybrid and electrical vehicle alternatives to the above.
- Mercedes-Benz Sprinter Panel Van 515 CDI or similar, 2.2L, 4×2 rear wheel drive, high roof, and right hand drive.
- Or suitable option
- Consideration should be given to hybrid and electrical vehicle alternatives to the above.
- Vehicles should come equipped with safety light switched in the cab.
- Vehicle should be air-conditioned
And should possess an internal workspace with:
- Solid bulkhead wall with passage door from control room to equipment room. Bulk head wall should possess fixed smoked tinted window at a minimum.
- Pass-through door with aluminum kick plate
- Tinted viewing window in bulkhead wall
- Tinted viewing window in bulkhead door
- Vehicle Control Room equipped with durable flooring and ceiling
- Slip resistant black treaded rubber floor
- Desktop/Work area incorporating materials such as stainless steel to improve safety and longevity.
- Overhead recessed LED lighting
- Roof top air conditioner, 13,500 BTU
- Storage cabinet under control room desktop
- Upper and lower storage cabinets
- Additional lighting mounted above the work top
- Dual receptacle outlet above work top
- Electrical outlets with dual receptacles above and below desk height
- High Back Operator’s chair
- USB charger/12V receptacle combo
- Above desk control console with rack and mount for electronic equipment
- Built in heavy duty storage and tool box for CCTV crawler and accessories
- Multi-drawer tool chest
- Fire extinguisher with bracket, 10BC rating
- Breaker box storage area with locking positive latch
- Aluminum storage shelf and caddy with trash can
- Rubber glove dispenser
- Tool package (manhole hook, pick, sledge hammer and shovel, all secured on aluminum brackets against diamond plate backing)
Vehicle shall be supplied with a 20 gallon wash-down system including:
- One 18 to 20 gallon fresh water tank with external fill
- One electric on-demand water pump
- One retractable hose reel with 25’ water hose and nozzle.
Vehicle shall be equipped with Safety Features including:
- Corner-mounted LED spotlights
- Front roof-mounted LED strobe
- Rear LED arrow board
- Back-up camera (factory supplied)
- Back-up alarm (factory supplied)
The below link shows an acceptable Operating Studio/Equipment Bay layout:
- Supplier to include for adequate on-site training for multiple operators
- Quotation should include, separately, the cost of trainer travel expenses
The Supplier shall submit four (4) copies of the following information at a minimum for review and approval:
- Certified drawings showing all important details including materials of construction, dimensions, descriptive literature, bulletins and/or catalogs of the equipment
- Complete data on any engines and motors, and pumps.
- Wiring diagrams and electrical schematics for all control equipment to be furnished.
- A written supplier’s warranty shall be provided for the equipment specified in this section.
CONDITIONS OF CONTRACT
- Period of Contract
All rates given in the lease shall exist for the entire period of the Contract. A five (5) year lease is envisaged.
- Termination of Contract
This Contract shall be terminated for convenience by any one of the parties to the Contract by giving 90 calendar days’ notice in writing.
The BWA shall be entitled to terminate this Contract forthwith and to recover from the Contractor the amount of any loss resulting from such determination due to non-performance by the Tenderer.
- Lease Conditions
- LEASE TERM
Sixty (60) months, starting on the date the contract is signed and subject to the provisions for termination hereinafter set out.
- RENTAL TERMS
Lessee agrees to pay from the date of delivery of vehicle/equipment the monthly rent which shall be payable on the first day of each calendar month to Lessor.
(a) Tyres: The vehicle/equipment shall be equipped with new tyres including a spare tyre(s) upon delivery. All other tyre replacements due to normal wear and tear shall be at Lessor’s expense.
(b) Servicing and Maintenance.
i During the lease term all scheduled servicing and maintenance shall be performed at such garage/repair shop as shall be designated by Lessor at Lessor’s expense except as PROVIDED for in sub clause (ii) of this clause.
ii In the event that the vehicle shall be disabled for any cause other than misuse or negligence of Lessee or its agents or employees. Lessor shall repair or caused to be repaired in a reasonable time, after receipt by Lessor from Lessee or its agents or employees of notice, which if oral shall be confirmed in writing. The notice shall specify where the vehicle is located, the nature of the disability, and if possible the cause thereof. The Lessor shall thereinafter be responsible for the recovery/towing of the vehicle to the Lessor’s premises. In such a case the Lessee shall not be liable to pay the computed daily rental rate for that vehicle/equipment for the period from the date of the aforesaid notice to the Lessor by the Lessee until the vehicle/equipment is returned to the Lessee. In the event that the vehicle/equipment is disabled as a result of misuse or negligence of the Lessee or its agents or employees and the vehicle/equipment is in need of repairs, the Lessor undertakes that it will carry out such repairs as expeditiously as possible.
iii all fuel (gasoline/diesel) and oil (except oil changed during servicing and maintenance as above) consumed during the lease term shall be paid for by Lessee.
iv Lessee shall, at Lessor’s request, and with seven (7) days prior notice return the vehicle to Lessor at such time and place as Lessor may designate in order for Lessor to carry out the servicing and maintenance scheduled in accordance with the provisions of this clause.
v Lessee shall not cause or permit its drivers, employees or agents to make any repairs, but rather shall require such drivers, employees or agents to immediately notify Lessor of the need therefore by the speediest possible means of communication and to confirm the same in writing, giving a complete description of the nature of the trouble and the location of the vehicle/equipment.
vi Lessee shall forthwith notify Lessor in writing of any accidents or collisions, and shall give Lessor in the aforesaid notice full and complete details thereof, including the place where and the time when any accident or collision occurred, the persons who were involved therein, the property damage caused thereby, if any, and the names and addresses of all persons who were injured or killed thereby, if any, and of all persons who witnessed the accident or collision if any.
vii The Lessor undertakes with the Lessee to complete all scheduled servicing and maintenance and all repairs incurred in such servicing and maintenance to the vehicle/equipment which the Lessor is obligated to make under the terms of this Lease Agreement as expediently as possible, and in the event that the vehicle/equipment is not returned to the Lessee within two (2) working days, the Lessee shall not be liable to pay the computed daily rental rate for the period (inclusive of the two working days) that the Lessee is without the use of the vehicle/equipment. Lessor shall provide a replacement vehicle/equipment at the Lessor’s expense in the event that servicing and maintenance and all repairs exceed two (2) working days.
viii. Lessor shall also pay a penalty for the man hours not utilized but paid for by the Lessee when work crews are unable to perform their duties as a result of the vehicle/equipment not being available after two (2) working days. This penalty shall be at the rate of 10% plus the daily rate of the affected work crew for the vehicle/equipment not being available and shall include the two (2) days and shall be paid within seven (7) days of request by Lessee made to Lessor in writing.
(c) License plates & Registration & Other charges.
Lessor shall at its own expense, provide license plates as required by law, initial cost of registration as required by law, and cost of renewal of registration upon expiration of the licensing period as required by law.
(d) Lessee shall pay all other charges whatsoever, including, but not limited to, storage charges, parking charges, tolls and fines relating to the vehicle/equipment leased hereunder and the rental use or operation thereof.
Lessee shall reimburse Lessor for any such charges, tolls, fines, costs and expenses imposed on Lessor or paid by Lessor on behalf of Lessee within seven (7) days of Lessor’s request to Lessee for payment. Lessor shall reimburse Lessee for aforementioned fees paid on its behalf due to negligence of its employees or agents.
(e) The Lessor shall provide all necessary training to drivers and operators for the proper use of the vehicles/equipment. The Lessee undertakes to make available to the Lessor any and all drivers/operators requiring training on the proper use and operation of the vehicles/equipment. A certificate of competence shall be issued to the BWA on the behalf of the driver/operator.
Lessee agrees that:
- Vehicle/equipment shall be used by Lessee for all purposes in the conduct and operation of its business in Barbados which shall include any use authorized by the General Manager of Lessee at the request of the Department of Emergency Management (DEM) by whatever name called in cases of natural disasters and national emergencies.
- Lessee shall prevent use of vehicle/equipment in violation of any statute, law, rule or regulation applicable to motor vehicle operation, and shall hold Lessor harmless from, and indemnify Lessor against any fine, confiscation, forfeiture or other penalty for traffic violations or any violations of other statutes, laws, rules or regulations. In the event of confiscation or forfeiture of vehicle, Lessee will reimburse Lessor for fair market value of said vehicle, together with such other expenses or loss that Lessor may incur.
- Lessee shall follow, or require that such reasonable instructions as may be furnished by Lessor for operation of vehicle/equipment are followed. The Lessee shall make available to the Lessor any and all drivers/operators requiring training on the proper use and operation of the vehicle/equipment. Notwithstanding anything contained in this lease, Lessee shall pay the costs of all repairs to vehicle made necessary by Lessee’s failure to perform its obligations specified herein and to follow the instructions referred to in this paragraph.
- Lessee, shall not without prior consent of Lessor, such consent not to be unreasonably withheld, place additional advertising, signs, lettering, insignia, or any other device in or upon vehicle/equipment, and shall remove such additional advertising, signs, lettering, insignia or any other device at the end of the lease term, restoring the surface and finish of the vehicle/equipment to its original condition, fair wear and tear excepted.
- Lessee shall have the right to install VHF communication and GPS equipment as deemed necessary by it, to the vehicle and shall remove such equipment at the end of the lease term.
- Lessee shall upon termination of this lease, surrender possession of vehicle/equipment in as good a condition as when received, having regard to the particular use of the vehicle/equipment, ordinary wear and tear excepted, together with registration certificates, or similar documents, at the place at which Lessor delivered vehicle/equipment to Lessee, or at Lessor’s option, to such other place as may be designated by Lessor.
Lessee shall indemnify Lessor against, and hold Lessor harmless, from any and all liability, loss or expenses, including all legal expenses, in any way connected with or arising out of the operation or use of vehicle/equipment by Lessee, its employees, servants or agents during the term of the lease or any extension or renewal thereof, unless otherwise provided for herein PROVIDED that Lessor at all times performs its obligations hereunder.
Lessor shall at its own cost and expense obtain and maintain at all times during the lease term in the name of Lessee the following comprehensive insurance coverages in respect of the vehicle/equipment and its operation from the Insurance Corporation of Barbados Limited, or such other insurance company as may be approved of by Lessee;
- PUBLIC LIABILITY & PROPERTY: To cover 3rd parties (excluding drivers) for death and injuries to persons or damage to property resulting from the operation of the vehicle while being used or operated within the terms and scope of this lease with full limits allowed by the Laws of Barbados.
(b) COLLISION INSURANCE: Lessee to pay Lessor any amount not paid by the Insurer by reason of a deductible clause.
(c) CASUALTY INSURANCE: To cover loss or damage to vehicle/equipment, including without limitation, loss by fire, theft, hurricane, and such other risks of loss as are customarily insured against in respect of similar vehicles in Barbados in the full insurable value thereof.
(d) Any and all insurance policies effecting the coverages herein before provided for, shall specifically name Lessee as an insured and Lessor as an additional insured and loss payee thereof as Lessor’s interest may appear and shall contain a clause requiring Insurer to give to Lessor at least fifteen (15) days prior written notice of any alteration in the terms of such policy or policies or of the cancellation thereof. Lessor shall furnish Lessee a true copy of the Certificate that insurance coverage is in effect. Lessee further agrees to give Lessor prompt notice of any damage to, or loss, of vehicle.
(e) DAMAGES OR LOSS NOT COVERED BY INSURANCE: Damages or loss including any deductible for which Lessor shall not be compensated by the Insurance Carrier under any of the aforesaid coverages shall be paid for by Lessee.
(f) (i) DRIVERS: Should any insurance carrier issuing any of the aforesaid policies be unwilling to insure any vehicle because of the driver’s unfavorable accident record Lessee shall not permit such driver to operate vehicle/equipment.
(ii) It shall be the sole responsibility of the Lessee to seek
re-instatement of a driver with unfavorable accident record. In the event the insurance company refuses liability on this basis of the unfavorable accident record of the driver the Lessee shall indemnify the Lessor from all damages and/or losses suffered by the Lessor. In the event the vehicle is used without the permission of the Lessee, and the insurance company refuses to accept liability, the Lessee shall indemnify the Lessor from damages and/or losses suffered by the Lessor.
(iii) Lessee shall cause its drivers, and agents, to co-operate fully with Lessor and any insurance carriers insuring the hazards enumerated above, and in the investigation institution and defense of any and all suits and claims arising from the ownership, use, or operation of vehicle/equipment.
The Lessee shall acquire no right, title, option, or interest in and to vehicle/equipment, accessories, or equipment except as Lessee and except that any VHF equipment, vehicle tracking devices or any other equipment installed by Lessee in the vehicle/equipment is the property of Lessee. Lessee covenants and agrees that it shall not assert, with respect to vehicle, any claim of right, title, option or interest in or to vehicle/equipment except as Lessee hereunder.
In the event Lessor or Lessee shall be in default in the performance of any obligation, covenant or condition required to be kept or performed by Lessor or Lessee hereunder, the party not in default shall give the party in default seven ( 7 ) days’ written notice of such default.
- Events of Default.
Lessor or Lessee may terminate this Lease Agreement at any time with respect to the Vehicle/Equipment by written notice to the party in default upon the occurrence of any of the following events of default:
- Failure by Lessee to pay any installment of rent , any charge or any other sum payable to Lessor hereunder and such failure continues for thirty (30) days after written notice thereof by Lessor to Lessee; or
- Failure or refusal by failure by Lessee to pay any installment of rent , any charge or any other sum payable to Lessor hereunder and such failure continues for thirty (30) days after written notice thereof by Lessor to Lessee; or
- Failure or refusal by Lessee to operate the Vehicle/Equipment in accordance with the terms of this Lease Agreement and such operation results in damage to such Vehicle/Equipment; or
- Failure or refusal by Lessor or Lessee to perform any other obligation required to be performed by it hereunder and such failure and refusal continues for thirty (30 ) days after written notice of default by the party not in default to the defaulting party requiring that the default be cured.
- Any representation or warranty of a material nature made by Lessor or Lessee which shall prove to be false or misleading as of the date on which the same was made ; or
- The filing of a petition by or against Lessor or Lessee under any bankruptcy or insolvency law or the making by Lessor or Lessee of any assignment for the benefit of creditors or the appointment of any trustee or receiver for all or any part of Lessor’s or Lessee’s business or assets or the attachment of any lien or levy on the Vehicle/Equipment , unless such petition, assignment, appointment or attachment is withdrawn or nullified with fifteen (15)
- If such default or defaults are continued following written notice as hereinbefore provided for the party not in default may terminate this lease agreement immediately by written notice to the party in default of its intention so to do, and upon such termination, Lessee will immediately return Vehicle/Equipment to Lessor at such place as Lessor may specify, and all of the rights hereunder shall cease.
- Upon termination by Lessor pursuant to this clause, Lessee shall deliver Vehicle/Equipment to Lessor in the manner and conditions required herein. If Lessee fails to return Vehicle/Equipment as provided for herein, Lessor may repossess the same at any time and wherever the Vehicle/Equipment may be located, and may enter upon premises of Lessee for the purpose of repossessing the Vehicle/Equipment. Lessor shall dispose of such returned or repossessed Vehicle /Equipment in accordance with the terms of this Lease Agreement.
- Lessor shall have the right in case of default by Lessee to recover the Vehicle/Equipment leased hereunder with or without legal process.
- Lessee’s Options at Lease End
At the end of the lease period, provided Lessee has complied with all the terms and conditions of this lease and is not in default, Lessee shall have the following options:
(i) The right to continue this lease in force for a term of indefinite duration upon the same terms and conditions of this lease except that
(a) the monthly lease payments shall be no more than the amount payable under this lease and shall be calculated taking into account the market value of the vehicle and the then current operating and maintenance cost including insurance, license fees and other similar related costs.
(b) Either Lessor or Lessee shall be at liberty at any time during the continuation of this lease to terminate it upon giving not less than three (3) months’ notice in writing to the other party subject to the enforcements of any existing rights and/or claims by either party against the other; or
(ii) In the event that Lessor desires to sell the vehicle, Lessee shall have the first right of refusal to purchase the vehicle at the current market value.
- Entire agreement
The parties hereto agree that this instrument constitutes the entire agreement between them and shall not be amended or changed in any manner except by amendment in writing, and signed on behalf of the parties hereof.
This lease shall inure to the benefit of the parties hereto, their successors, legal representatives and assigns subject to the provisions of clause 7 hereof; but Lessee shall not have the right to assign this lease, or any interest therein, without the written consent of Lessor. In the event of the assignment of this lease, or any interest therein, by Lessor, Lessee agrees to accept and comply with such notice as it may receive from the Assignee.
Any notice under these presents shall be in writing and any notice to Lessee shall be sufficiently served if
- left addressed to Lessee or sent by registered mail addressed to Lessee at the aforementioned address of Lessee or
- sent by facsimile to the office of Lessee or
- sent by e-mail to the General Manager of Lessee.
And any notice to Lessor shall be sufficiently served if
- left addressed to Lessor or sent by registered mail addressed to Lessor at the aforementioned address of Lessor or
- sent by facsimile to the office of Lessor or
- sent by e-mail to the General Manager of Lessor.
Any notice by mail as aforesaid shall be deemed to have been given at the time when in due course of mail it would be delivered at the address to which it has been sent PROVIDED that either party to these presents may give to the other party hereto notice of any change of its address and any notice of such change of address shall be in writing and served in accordance with the provisions hereinbefore contained in this clause.
The failure of either party in any one or more instance(s) to insist upon the performance of any of the terms, covenants or conditions of this lease, or to the exercise of any right or privilege in this lease conferred, or the waiver of the breach of any of the terms, covenants or conditions of this lease, shall not be construed as thereafter waiving any such terms, covenants or conditions, rights or privileges but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
Any of the terms or provisions hereof which are held invalid, void or illegal shall in no way affect, impair or invalidate any of the other provisions hereof and such other provisions shall remain in full force and effect.
- Insolvency of Lessor / Lessee
In the event that either party shall file a petition in bankruptcy or proceedings in bankruptcy shall be instituted against either party, or a court shall take jurisdiction of either party and its assets pursuant to any legal proceedings, or a receiver of either party’s assets shall be appointed, then and in any of those events, the other party may terminate this lease by written notice to the insolvent party, and thereupon the provisions of clause 8 hereof applicable to termination shall be applicable under this clause.
All compensation, allowances, valuations and claims to which either party may be entitled to under this lease agreement, or otherwise in respect of any matter or thing whatsoever arising there under, if not settled between the parties hereto, shall be referred to and decided by two (2) competent persons well acquainted with the business of leasing of the motor vehicles and equipment contemplated under this lease agreement, one to be chosen by either party, or by an umpire, to be chosen by the referees in the usual course in similar cases, and their or his decision shall, in all respects be final and conclusive on both parties. The costs of such reference shall be divided between the parties equally, but each party shall pay their own legal costs.
This lease shall be governed by the laws of Barbados and shall be so construed. Any dispute between the parties may be brought before a competent court in Barbados.
Please contact the Senior Engineer at the Waste Water Division Tel: (246) 434-4200 between the hours of 8:15am and 4:30pm Monday to Friday for any clarifications or additional information