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TSC PLANT HIRE AGREEMENT

For the period of

1st

July 2016 to 30th

June 2018

COMPREHENSIVE PLANT HIRE AGREEMENT

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This agreement is made (day) day of (month) two thousand (year) BETWEEN Temora Council PO Box 262, 105 Loftus Street, Temora NSW 2666 Phone: (02) 69801100 Email: (‘The HIRER’) AND

Contractor (full company name) *

Contractor Primary Business Address *

Postal Address * (if different to above)

ACN * ABN *

Phone: ( )

*These details must be supplied (The ‘CONTRACTOR’)

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CONTENTS COMPREHENSIVE PLANT HIRE AGREEMENT 2 BACKGROUND 4 1. DEFINITIONS 5 2. CONTRACTOR OBLIGATIONS 5 3. CONTRACTOR RESPONSIBILITIES 5

3.1 Plant Supply and Operation: Wet Hire (supply of hire plant with operator) 5 3.2 Plant Supply and Operation: Dry Hire (supply of hire plant only) 6 3.3 Safety Management 7 3.4 Use of Vehicles 8

4. COMPLIANCE WITH WHS REQUIREMENTS 8 5. DAMAGE TO FIXTURES 8 6. COMMENCEMENT AND STAND DOWN OF PLANT 8 7. TERMINATION AND SUSPENSION 9 7.1 Termination for breach 9 7.2 Requirements of notice to terminate 9 7.3 Termination 9 7.4 Suspension of Agreement 9 7.5 Breakdowns 10 8. GRIEVANCE RESOLUTION 10 8.1 Plant Hire 10 9. RISK & INDEMNITIES AND INSURANCE REQUIREMENTS 11 9.1 Indemnity 11 9.2 Insurances 11 10. SUPERVISION AND CONTROL OF OPERATIONS 12 11. SUBCONTRACTING 12 12. TERMS OF PAYMENT 12 12.1 Payment Rates & Hire Period 12 12.2 Contractor Invoices 12 12.3 GST Invoices 12 ATTACHMENTS 12

Schedule 1 - Plant and Equipment Hire Rates - 2016/2018 12 Contractor Plant and Labour Hire Timesheet 14

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BACKGROUND Temora Council is seeking Expressions of Interest (EOI) from contractors available to provide contract plant hire for various plant items. Minimum standards and requirements apply to plant and operators and these are detailed in this document. Contractors who comply with the criteria will be placed on the Council’s Approved Contractors and Suppliers Register. Contractors should ensure that details held by Council are kept up-to-date. All information requested should be returned, in order for the proposal to be considered. Council reserves the right not to accept an EOI on the basis of price, suitability of equipment or operator, or failure to comply with EOI requirements. Council will reveal the reasons for non-acceptance to the operator in question. No guarantee of any amount of work hours is implied.

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IT IS AGREED AS FOLLOWS:

1. DEFINITIONS

1.1 In this agreement:

a) HIRER is Temora Shire Council

b) CONTRACTOR is as citied above:

c) PLANT means any item of plant and equipment described in Schedule One.

d) SPECIFICATIONS means details of the Work to be performed plus any codes, Guidelines or instructions provided in the Attachments.

e) SUPERVISOR means the officer of the HIRER authorised by Council to supervise the Work to be performed under this Agreement or their nominated representative.

f) WORK means all or part of the construction or maintenance activity to be performed under this agreement.

g) YEAR means financial year.

2. CONTRACTOR OBLIGATIONS

2.1 The Contractor has the following obligations under this Agreement:

a) Perform the Work in accordance with this Agreement, and the Attachments.

b) Keep current any insurances specified in this agreement and furnish copies of the certificates of currency to Council.

c) Notify the Hirer as soon as practical any accident or near miss involving or

associated with equipment controlled by the Contractor whilst engaged under the terms of this agreement.

3. CONTRACTOR RESPONSIBILITIES

3.1 The Contractor has the following responsibilities under this Agreement: a) Supply Plant with operator (wet hire)

i. Supply Plant and ancillary equipment at the tendered rates.

ii. Supply Plant and ancillary equipment in good repair, safe working order,

clean and serviced and maintained in accordance with the manufacturers specifications at the Contractors own expense.

iii. Be responsible for transport of the Plant to and from work locations as

requested by Council’s supervisor. Any Contractor transport/establishment rates shall be disclosed in Schedule 1.

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iv. Carry out the Work and operate the Plant continuously at the work locations

as required during the period of hire.

v. Provide competent certified operator(s) who have completed the appropriate training as determined by the Hirer.

vi. Pay all wages, overtime, camping allowances and travelling expenses of the

operator(s) and of any other personnel necessary for the efficient operation of the Plant.

vii. Notify any change of operator immediately to the supervisor.

viii. Furnish such records relating to the operations of the Plant as are required

by the Supervisor including record of hours worked and other documents pertaining to the operation of Plant.

ix. Supply at the Contractor’s own expense all fuel, lubricants, repairs, ancillary

items of equipment, spare parts and anything necessary for the continuous, efficient and satisfactory operation of the Plant.

x. Ensure all repairs to Plant are done expeditiously and at the Contractor’s

own expense.

xi. Ensure that truck or Plant item meets the requirements of RTA Specification “G22M Occupational Health and Safety; Appendix J Truck and Plant Requirements. This is found on the following RTA website: http://www.rms.nsw.gov.au/cgi-bin/doingbusinesswithus/specifications/index.cgi?g022.pdf

xii. Comply with all reasonable directions of the Supervisor.

b) Supply Plant (dry hire)

i. Supply Plant and ancillary equipment at the tendered rates.

ii. Supply Plant and ancillary equipment in good repair, safe working order, clean and serviced and maintained in accordance with the manufacturers specifications at the Contractors own expense.

iii. Be responsible for transport of the Plant to and from work locations as requested by Council’s supervisor. Council reserves the right to transport hired Plant. Any Contractor transport / establishment rates shall be disclosed in Schedule 1.

iv. Ensure that the truck or Plant item meets the requirements of RTA Specification “G22M Occupational Health and Safety; Appendix J Truck and Plant Requirements. This is found on the following RTA website: http://www.rms.nsw.gov.au/cgi-bin/doingbusinesswithus/specifications/index.cgi?g022.pdf

v. Supply at the Contractor’s own expense all scheduled maintenance services, lubricants at scheduled maintenance services, repairs, ancillary items of equipment, spare parts and anything necessary for the continuous, efficient and satisfactory operation of the Plant.

c) Safety Management

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i. Ensure all work undertaken must comply with the requirements of the NSW Work Health and Safety Act 2011 and NSW Work Health and Safety Regulation 2011.

ii. Ensure all personnel entering work sites have approval to do so from the Supervisor or their delegate. The Contractor must ensure that all of their operators and other personnel on site have an OHS Construction Induction Card and Plant certification, if applicable, for the Plant item they are operating. Evidence of all relevant licences and tickets must be furnished to the Supervisor prior to work commencing.

iii. Comply with all relevant Commonwealth and State legislation and regulations relating to the use of the Plant in road construction or maintenance.

iv. Ensure all personnel entering the worksite adhere to Temora Shire Council’s WHS Induction handbook 2016, which includes wearing of long-sleeved shirt, full length pants and a broad brimmed hat at all times. Further information can be provided on this policy prior to commencement.

v. Ensure all persons engaged on the Work use suitable and approved personal protective equipment (PPE). PPE must be used, manufactured and maintained in accordance with the relevant Australian and ISO Standard. It is the responsibility of the Contractor to ensure each employee has been instructed and/or trained in the correct use of each item of PPE.

vi. Provide an approved “B-Type” fire extinguisher in each Plant item.

Failure to comply with any requirement of the conditions set out in Clause 3.3 may result in the suspension of the Work until the requirements are met.

d) Use of vehicles

i. Ensure that all support vehicles and Plant carrying out the Work under this

agreement, where such vehicles or Plant are to traverse roads or road-related areas as defined in the Road Transport (Vehicle Registration) Act 1997:

1. Have a valid NSW Roads and Maritime Services and/or a

registration authority of another State or territory, and/or Unregistered Vehicle Permits;

2. Are operated by persons who are appropriately licensed in

accordance with the laws of NSW and Road Transport (Driver Licensing) Act 1998.

3. Have a high visible rotating amber beacon or similar strobe device capable of being seen from 360 degrees around plant for up to 20m minimum distance.

4. COMPLIANCE WITH WHS REQUIREMENTS 4.1 The Contractor must keep and make available to the Hirer, when requested;

(a) Records of maintenance, inspection and alteration to equipment;

(b) Records showing how risks have been managed, including records of any tests

carried out.

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5. DAMAGE TO FIXTURES

5.1 The Contractor shall repair promptly at its own cost of any damage caused as a result of activity not authorised by the Supervisor.

6. COMMENCEMENT AND STAND DOWN OF PLANT

6.1 The period of hire shall commence at the time as agreed to with the Supervisor and noted on the Plant hire documentation signed by both the Contractor’s representative and Councils supervisor.

6.2 The Supervisor may, without terminating this Agreement, stand down plant by advising

the Contractor or operator, for the period that the Supervisor sees fit, for the Contractor to enact repairs, maintenance or other reason that prevents normal Plant operation. No hire payments will be made for the period of stand down.

6.3 The Contractor or Contractors representative will keep records of hours worked at the

end of each and any shift completed.

7. TERMINATION AND SUSPENSION

7.1 Termination for breach a) If the Contractor fails to commence the Work within the time stipulated, or fails to

maintain progress, or commits any other substantial breach of this Agreement then the Hirer may give written notice to the Contractor of intention to terminate the Agreement and requiring the Contractor to give reasons why the Agreement should not be terminated.

7.2 Requirements of notice to terminate

b) A notice under clause 7.1 must –

i. State that it is a notice under clause 7.1 of the Agreement;

ii. Specify the alleged breach;

iii. Require the Contractor to give reasons in writing why the Agreement should

not be terminated;

iv. Specify the time and date by which the Contractor must give those reasons (to be not less than 7 clear days after the notice is given to the contractor)

v. Specify the postal address for notices (see page two of this agreement)

7.3 Termination (a) If, by the time specified in a notice under clause 7.2 the Contractor fails to specify to

the Hirer adequate reasons to the reasonable satisfaction of the Hirer why the Agreement should not be terminated, the Hirer may terminate the Agreement.

7.4 Suspension of Agreement

(a) Upon giving a notice under clause 7.2 the Hirer may suspend Work and all

payments under the Agreement until the expiration of the earliest of:

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i. The date on which the Contractor gives adequate reasons why the Agreement should not be terminated;

ii. The date on which the Hirer terminates the Agreement; or

iii. The date stipulated in clause 7.2

7.5 Breakdowns

(a) Where Plant breaks down during the hire period, the Contractor must immediately

advise the Supervisor the nature of the breakdown and the anticipated time of repair. The Hirer will promptly advise the Contractor whether the Plant can be repaired on-site for continued use (typically minor repair, short down time) or whether it shall be removed altogether to allow for a substitute Plant item to be used (major repair, long down time). The Contractor shall remove Plant that has broken down from the site if so directed by the Supervisor. Temora Council may require the removal of a particular item of Plant from the Schedule, if the item suffers repeated breakdowns or other mechanical failures.

8. GRIEVANCE RESOLUTION

8.1 Pant Hire (b) It is a condition of this Agreement that grievances arising from any cause will be

dealt with as quickly as possible at the lowest possible level in the organisation.

(c) A Contractor who has a grievance should take up the matter with the Supervisor in writing. The Supervisor should respond as quickly as possible, and, in any case, within two (2) working days of the Supervisor receiving the written grievance. A response shall be in writing and both parties must keep a copy.

(d) Where the steps set in (b) fail to resolve the issue, the Supervisor shall refer the

matter to the Council Works Manager who shall respond as quickly as possible, and, in any case, within two (2) working days of the grievance being referred by the Supervisor. The Works Manager response shall be in writing and both parties must keep a copy.

(e) Where the steps set out in (b) and (c) have not resolved the issue Council’s Works

Manager shall refer the issue to the Council Director of Engineering who shall respond as quickly as possible, and, in any case, within two (2) working days. A response shall be in writing and both parties must keep a copy.

(f) Where the matter is still not resolved the Contractor may exercise all rights under

appropriate legislation to resolve the matter.

9. RISK & INDEMNITIES AND INSURANCE REQUIREMENTS

9.1 Indemnity (a) All Equipment under Agreement is provided at the Contractor’s risk. The Contractor

shall be solely liable for and indemnifies the Hirer (which in this clause includes its employees, officers or agents) against liability for all loss or damage resulting from personal injury to or death of any person, and for all loss of or damage to any property or equipment whatsoever arising out of or as a consequence of the performance of the Work specified herein other than such liability resulting from any negligent act or omission of the Hirer.

9.2 Insurances

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(a) Before commencing Work under this Agreement the Contractor must obtain and

maintain for the currency of the Agreement; i) Certificates of Currency of all insurances must be lodged with the Hirer at the

time the Contractors Expression of Interest is submitted to the Hirer and reconfirmed annually at the Agreement review, or when such certificates are renewed.

ii) NSW Workers Compensation Insurance to give cover to the Contractor and

all their employees against any liability arising, under the Workers Compensation Act 1987 or other applicable legislation or award, as a result of the Contractor or any person employed by the Contractor performing the Work required by this Agreement, and;

iii) Public Liability Insurance for an amount not less than the sum of $20,000,000

with Council’s interest noted on the policy.

iv) Comprehensive insurance. All equipment supplied by Commercial Contractors engaged in this agreement will be provided at the Contractors risk. Contractors have the option to hold comprehensive insurance for the Plant supplied however, at a minimum, Third party insurance is required.

(b) It is the Contractors responsibility to ensure that the certificates of currency are kept

up to date and that Council is issued with new copies as insurances are renewed.

(c) Any insurance policy referred to in Clause 9.2 must contain a provision requiring the insurer whenever the insurer gives to or serves on the Contractor a notice of cancellation or any other notice under or in relation to the said policy of insurance, at the same time to inform the Hirer in writing that the notice has been given to or served on the Contractor and ensure that notice of any claim is given by the insurer to the Hirer and that the Hirer is kept fully informed of subsequent action and developments concerning such claim.

10. SUPERVISION AND CONTROL OF OPERATIONS

10.1 All Work shall be performed in accordance with the instructions and requirements contained in the Specification of this agreement.

(a) The Hirer will nominate a Supervisor to control and supervise the Work.

(b) The Supervisor may at any time suspend the Work if he or she believes that the

Work is not being carried out in accordance with the terms and conditions of this Agreement.

(c) Waste is removed from the works area at regular intervals during operations, and

immediately after the completion of operations in a particular area. Waste must be disposed of in an approved facility. Any pollution of water resulting from the activity is reported without delay to the supervisor.

11. SUBCONTRACTING

11.1 The Contractor must not assign or subcontract the Work or any part of the Work without the approval of the Supervisor. If approval is granted, all of the requirements of this contract shall in turn apply to the sub-contractor.

12. TERMS OF PAYMENT

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12.1 Payment Rates & Hire Period

(a) Payments shall be made to the nearest one quarter hour per day according to the

rates detailed in the form submitted by the contractor.

(a) The contract period is from 1st July 2016 to 30th June 2018.

(b) This Agreement shall be terminable on two weeks’ notice from the Hirer or the Contractor.

(c) Tendered machine hire rates shall be deemed valid for the period from

commencement of the Agreement; however an application to review machine hire rates can be submitted to Council in writing.

12.2 Contractor Invoices

(a) The Contractor will be responsible for maintaining a record of hours worked each day. This record must be made available to the Supervisor or his delegate upon request.

(b) A Contractor GST complaint invoice must be submitted monthly or at other agreed periods.

(c) Any amount due to the Contractor under this Agreement is inclusive of an amount

equal to the GST liability incurred by the Contractor under the GST Act in connection with taxable supply made by the Contractor to the Hirer pursuant to this Agreement.

(d) The Contractor will issue to the Hirer a tax invoice in respect of each taxable supply

made by the Contractor pursuant to this Agreement. The tax invoice shall show Council’s purchase order number and details of the work that has been undertaken. Details of hours and days worked must also be submitted with the tax invoice before payment will be processed.

The contractor shall provide an address for notices that will be correct for the term of the agreement unless advised otherwise in writing. All notices will be sent to this address.

Attachments to this agreement: 1. Schedule 1 – Plant and Equipment Hire Rates 2. Contractor plant and labour hire time sheet 3. Copy of RMS Specification G22M, Annexure J

Name of Tenderer

Tenderer’s Signature

Date

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Schedule 1- Plant and Equipment Hire Rates - 2016/2018

COMPANY NAME: ...............................................................................................................................

ADDRESS: ...........................................................................................................................................

ABN NUMBER: ....................................................................................................................................

PHONE NUMBER: ............................................... MOBILE NUMBER: ..............................................

EMAIL ADDRESS: ...............................................................................................................................

REF NO.

DESCRIPTION TARE

WEIGHT (kg) MAKE MODEL YEAR REGO N

o:

HIRE TYPE

HIRE RATE

UNIT Comment/Notes

1 Motor Grader 18,200 CAT 12M 2012 BV33FD Wet $140.00 Hour Example

3 Road Stabiliser 23,200 CAT RM300 2010 JJ33RZ Dry $2,800.00 Day Example

4 Truck / Float 26,400 UD GW470 2010 BG97QF Wet $90.00 / $1.40 Hr / km Example

5 Grade Laser N/A Trimble N/A 2006 N/A Dry $14.00 Hour Example - As required with grader

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REF NO.

DESCRIPTION TARE

WEIGHT (kg) MAKE MODEL YEAR REGO N

o:

HIRE TYPE

HIRE RATE

UNIT Comment/Notes

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Contractor Plant and Labour Hire Timesheet (Example)

Contractor Name:

Period: From …../…../….. To …../…../…..

Project:

Location:

PROJECT DAY LABOUR

HIRE HOURS (If applicable)

PLANT HIRE HOURS (Plant reference number relates to Schedule 1)

Plant Ref. 1 Plant Ref. 2 Plant Ref. 3 Plant Ref. 4 Plant Ref. 5

Example Description:

Motor Grader

Description:

Road Stabiliser

Description:

Truck/Float

Description:

Grade Laser

Description:

Project Name/Description S

M 6hrs 5hrs 5hrs

T 3hrs 6hrs

W 4hrs 4hrs 4hrs

T 4hrs 5hrs 3hrs

F

S

TOTAL: 9hrs 7hrs 16hrs 7hrs

Temora Shire Council Representative Signature

Contractor Signature

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Contractor Plant and Labour Hire Timesheet – 2016/2018

Contractor Name:

Period: From …../…../….. To …../…../…..

Project:

Location:

PROJECT DAY LABOUR

HIRE HOURS (If applicable)

PLANT HIRE HOURS (Plant reference number relates to Schedule 1)

Plant Ref. 1 Plant Ref. 2 Plant Ref. 3 Plant Ref. 4 Plant Ref. 5

Description:

Description:

Description:

Description:

Description:

S

M

T

W

T

F

S

TOTAL:

Temora Shire Council Representative Signature

Contractor Signature