BURDEKIN RIVER IMPROVEMENT TRUST Burdekin Shire Council by alicejenny

VIEWS: 2 PAGES: 12

									                           Burdekin Shire Council

   TRUCKS, TRUCKS with TRAILERS/WATER TANKS and LOW LOADERS
                                      (excluding Plant and Equipment)

Burdekin Shire Council is collecting the information you supply on this form to be used by Council for the
administration of its Private Plant Hire Database, hiring of Plant Hire Applicants and processing of
payments of such hire. The information will only be used by authorised Council Officers and will not be
given to any other person or agency unless required by law to do so. This information is handled in
accordance with the Information Privacy Act 2009.

 Terms and Conditions of Hire for Privately Owned Plant for inclusion in the
           Burdekin Shire Council Private Plant Hire Database
                       1 July 2012 to 30 June 2013
WORKCOVER

Any applicant employing workers in Queensland on a permanent or casual basis must insure against
any liability that may arise from an injury to a worker. If applicable, a WorkCover Queensland policy
must be taken out and remain current during the term of this contract. Non Wages Employee Operators
(including Owner Operators and Contract Operators) shall ensure they have an appropriate personal
accident or income protection policy or sign the appropriate release, as attached.

STANDARD OF EQUIPMENT

The vehicle/s offered for hire shall be of such standard so as to comply with the Workplace Health and
Safety Act 2011, applicable workplace health and safety regulations and advisory standards, and the
Manual of Uniform Traffic Control Devices.

Council reserves the right to have any vehicle working on a Council worksite inspected by a competent
person and, if it is deemed to be not roadworthy or in an unsafe condition, refuse to allow it on site.

Council also reserves the right to inspect any documents relating to the maintenance and servicing of
any vehicle used on Council worksites.

All vehicles must be registered. A copy of the registration certificate must remain in the vehicle at all
times.

Water cartage vehicles shall be fitted with an approved filling point to suit Council’s Urban Filling
Stations.

DRIVER’S LICENCE

The operator of each vehicle must hold a current Driver’s Licence for the appropriate class of vehicle
being operated.

PREFERENCE OF WORK

The applicant will be expected to give preference to Council work, especially in regard to urgent work
involving public safety.
JOB PERFORMANCE

The applicant will be expected to maintain satisfactory job performance at all times. Council reserves
the right to determine the status of any contract where the contractor does not maintain satisfactory job
performance.

SPREAD OF WORK

Council may accept more than one application for any class of vehicle or classes of vehicles to suit
differing job tasks. Council reserves the right to reject any or all applications.

DAMAGE TO PLANT

The applicant shall accept all liability, other than agreed at the time of hiring, for any damage that may
occur to the plant during the period of hire.

The exception to the above will be plant hired without an operator (“dry hire”), which is to be left on site,
and stored by Council in a secure enclosure at the worksite when not in use. In these cases, Council will
accept liability for damage occurring to the plant.

INSURANCE

The applicant shall ensure that appropriate insurance cover is in effect to protect the applicant and
Council against any public liability claims. The insurance policy must cover third party personal injury
and property damage claims. In addition, the insurance must be broad enough to include claims by
Council against the applicant under the indemnity.

A minimum of $10,000,000 cover in respect of bodily injury and damage to property is required.
Insurance cover is to be kept current during the term of hire to the Council.

It is recommended that the applicant hold appropriate insurance cover against loss or damage of their
item/s of plant and equipment.

RELEASE

The applicant is an independent contractor, and must take its own responsibility for, and make its own
insurance arrangements for, any accident or other act or omission which occurs through or in connection
with the contract, and causes the applicant personal injury or property or financial loss. The applicant
forever releases the Council from any liability which the Council might otherwise have to the applicant in
respect of personal injury or property or financial loss suffered by the applicant in any way through or in
connection with the performance or purported performance of the contract.

There are no exceptions to this release, except for injury or loss caused to the applicant by a deliberate
or reckless act or omission by Council. It is the intent of the parties that the scope of this release must
not otherwise be read down in any way.

If, for any reason, the release is not effective in law, then the applicant nevertheless indemnifies the
Council and agrees to keep it indemnified against the full amount of any claim for which the release is
not effective.

INDEMNITY

The contractor must indemnify Council and keep Council indemnified against any claim, demand, action,
legal proceeding or other liability, cost or expense of any kind whatsoever which may arise by, through or
in connection with anything done or omitted to be done by the Contractor pursuant to or in the
performance or purported performance of the contract. To avoid doubt, the indemnity applies:

a) In respect of any liability imposed or purported to be imposed on the Council, whether at the suit of
   the Contractor or of any third party, and whether directly or indirectly;
b) In respect of claims or other matters as specified which arise out of anything done or omitted to be
   done by the Contractor, any servant, agent or employee of the Contractor or anyone else acting
   under the actual or de facto control, direction or influence of the Contractor; and
c) To claims for personal injury (including death) and to claims for loss of property (including economic
   loss, both direct and consequential).

However, the Contractor’s liability to indemnify the Council pursuant to this clause must be reduced
proportionally to the extent that the act or omission of the Council or employees or agents of the Council
have contributed to the loss, damage, death or injury in respect of which indemnity is claimed.

WORKPLACE HEALTH AND SAFETY

WH&S legislation in Queensland requires an employer to provide a safe and healthy work environment
for their employees. This responsibility is extended not only to an employer’s own workers, but to other
persons at the workplace. Burdekin Shire Council places a high priority on ensuring that these risks are
minimised, when plant hire agreements are entered into or self employed persons are engaged, by
setting and maintaining high health and safety standards and placing a requirement on these persons to
abide by these standards.

The applicant is required to submit a copy of their company WH&S Management System documentation,
which must include as a minimum requirement:

      WH&S policy;
      Relevant risk assessments;
      Relevant procedures and/or work method statements;
      WH&S training records (certificates of competencies) and licences (truck drivers) etc;
      WH&S inspections and auditing procedures;
      Incident reporting and investigation procedures;
      Plant servicing and maintenance records.

In the event that the applicant does not have effective polices and procedures, they will adopt Burdekin
Shire Council’s relevant WH&S policies and procedures.

The applicant will comply with any reasonable direction given by Burdekin Shire Council relating to
WH&S. The applicant has an obligation under the WH&S Act to provide a safe workplace and a safe
system of work so as not to place at risk their own employees and well as other workers and the general
public at the workplace. The applicant must comply with all relevant enactments, associated WH&S
Regulation Standards, Codes of Practice and Burdekin Shire Council WH&S policies and procedures,
which are in any way applicable to the performance of the services.

While in no way reducing the applicant’s responsibility or liability as an employer for the health and
safety of their employees and themselves, Burdekin Shire Council must ensure that they meet their
employer obligations to all employees working on their behalf. To meet these obligations, Burdekin
Shire Council undertakes random spot checks on performance. Performance records are evidence of
commitment to meeting WH&S obligations and can be relied upon when a non-compliance or serious
workplace health and safety incident occurs.

If during the performance of work, Burdekin Shire Council informs the applicant that he/she is either:

      Not conducting the work in compliance with the WH&S Act or relevant policies, procedures or
       workplace plans; or
      Conducting the work in such a way as to endanger the health or safety of the self employed
       persons, employees of the applicant, Burdekin Shire Council employees or the general public,

Burdekin Shire Council may direct the applicant to promptly remedy the breach or may direct the
applicant to suspend work until such time as the applicant satisfies Burdekin Shire Council that the work
will be resumed in a safe manner. If the applicant fails to rectify any breaches for which work has been
suspended, or if the applicant’s performance has involved recurring breaches of the WH&S Act,
Burdekin Shire Council will notify Workplace Health and Safety Queensland and request that an
inspector visit the workplace. Depending on the severity of the issue, and based on advice from the
inspector, Council may direct the applicant to terminate work immediately.

The operator of any hired vehicle shall be required to wear safety footwear in accordance with
AS/NZS 2210.3:2009, a high visibility long sleeve shirt and any other personal protective equipment
required for specific workplaces.
Any person/s associated with the applicant who visits the Burdekin Shire Council Depot in Jones Street,
Ayr (for delivery of invoices or other documentation) must comply with the conditions of entry to the
depot.

All Contractors engaged by Council have an obligation to not use mobile phones while operating
machinery on Council worksites.

GENERAL INDUCTION

To ensure that Council fulfils its obligations, all employees of Contractors and Sub-Contractors are
required to have undertaken suitable Workplace Health and Safety induction.

Vehicle operators shall have completed a course in General Induction (30215Qld), Construction
Induction (White Card) or a mutually recognised general induction if working on any Council construction
worksite. At all times the operator must be able to produce evidence of these qualifications.

PLANT DECONTAMINATION

Private Hire Contractors are required to be aware of declared plants that the contractors may come in
contact with in the Burdekin Shire and fines for spreading these plants under the Land Protection (Pest
and Stock Route Management Act) 2002. Contractors are welcome to contact Council’s Environmental
Health Department for more advice. Information on the location of various declared plant species within
the Burdekin Shire is available from Council.

When plant is moving to a new job site or from an area where declared plants are present, it is required
that the plant be cleaned with high pressure air in a designated location on the job site.

PRICING

The applicant, if registered for GST purposes, will be required to include GST in the price.

Prices will be fixed for a minimum period of three (3) months with three (3) changes allowed throughout
the financial year. Prices submitted for all agreements will remain private and confidential.

TAX INVOICES

If the applicant is registered for GST, the invoice price relating to “taxable supplies” made to the Council
must include the GST payable on those supplies. In respect of all “taxable supplies” made to Council, a
tax invoice will be required in order for Council to claim input tax credits from the Australian Tax Office
and also to process the payment.

Payment will be made fortnightly and will be based on the receipt of a daily tax invoice. Council operates
a Committal Accounting System which requires daily invoices. It is your responsibility to provide
completed tax invoices on a daily basis to the Overseer/Foreman for authorisation. Failure to do
so will delay payments and may inhibit future prospects. Dry hire contractors may need to make prior
arrangements with the Overseer/Foreman should the above requirement not be able to be met.

Tax Invoices can be forwarded via email to accounts.payable@burdekin.qld.gov.au.

PAYG WITHHOLDING TAX

If goods or services are provided to Council, and an Australian Business Number (ABN) is not quoted on
invoices, Council will, from 1 July 2000, be required by law to withhold tax at a rate equivalent to the top
marginal rate of tax applicable to individuals plus Medicare Levy (currently 46.5%), from any payment
Council makes. This withholding will be remitted to the Australian Tax Office on the applicant’s behalf.

PAYMENT ARRANGEMENTS

Council has decided to make all payments to its suppliers and service providers by Electronic Funds
Transfer (EFT). This means instead of receiving a cheque in the mail, funds will be transferred directly
into the applicant’s nominated financial institution account. Regrettably, failure to provide account
information will leave Council with no option but to remove applicants from its list of suppliers.
PERIOD OF AGREEMENT

This agreement will remain current between 1 July 2012 and 30 June 2013.

Approved hire rates as at 30 June 2013 will continue to apply until an agreement has been accepted by
Council for the 2013/2014 financial year, or for up to one (1) month after the expiry of this agreement, to
enable works to continue.

CONTACT INFORMATION

 Contact                                             Phone / E-mail
 Works Administration Officer – Foremen’s Office 4783 9930
 Workplace Health and Safety                         4783 9966
                                                     4783 9849
                                                     0417 702 114
 General Application and Payment Enquiries           4783 9853
                                                     4783 9858
                                                     accounts.payable@burdekin.qld.gov.au
                             Burdekin Shire Council

   TRUCKS, TRUCKS with TRAILERS, WATER TANKS and LOW LOADERS
                                         (excluding Plant and Equipment)

APPLICATION FORM
Inclusion in the Burdekin Shire Council Private Plant Hire Database
OWNER DETAILS

Trading Name:
Surname:                                                   Given Name/s:
Postal Address:


Email Address:
ABN:                                                         GST Registered:      No


Phone Numbers
Business:                                           Mobile:
A/H:                                                Fax:
Bank Details
Bank:                                               Account Number:
BSB:                                                Account Name:




OFFICE USE ONLY
Documentation has been received by Expenditure Services:

DATE RECEIVED                                                DATE ENTERED

CONFORM DATE                                                 ENTRY OFFICER

OFFICER APPROVAL                                             CREDITOR ID

Documentation has been checked & approved by Workplace Health & Safety Officer:

OFFICER NAME

SIGNATURE

APPROVAL DATE
VEHICLE DETAILS
Please note: A separate copy of this page is required for each vehicle type offered for hire.


Vehicle Type:                  Truck Only                Truck and Water Tank                   Truck and Trailer               Low Loader

Make:                                                                                  Vehicle Registration No:

Model:                                                                                 Trailer Registration No:

VIN/Serial No.                                                                         Horsepower:

Attachments & Other Relevant Details:




Axle Configuration                    Semi Tipper               Single                               Tandem
                                      Twin Steer                Combination                          Other

                                                                   Vehicle - Front              Vehicle - Rear

                               No. of Axles

                               No. of Tyres per Axle


Gross Weight Loaded                                             kg                             Water Tank Details:
(RGVM / RGCM)

Less Weighbridge Tare                                                                          Capacity                                     litres

      - Truck                                                   kg                             Fill Time                                minutes
                                 1
      - Trailer / Low Loader                                    kg                             Type of Load Cover:

      - Water Tank                                              kg                             Truck

NETT PAYLOAD                                                    kg                             Trailer


Operator Type:                   Owner Operator                 Wages Employee Operator                          Contract Operator


RATES2                            Price including GST                Price excluding GST

Hire Rate:                        $                                  $                                    /hour
Contract Rate3:                   $                                  $                                    cents per tonne/kilometre
Notes
1
    If Low Loader is unable to fit on weighbridge then appropriate documentation indicating that the Low Loader meets Queensland Transport
    and National Heavy Vehicle Accreditation Scheme requirements MUST be submitted.
2
    Point of commencement and point of termination of hire is the site as nominated by the Director of Environment and Operations or his
    representative. The hire rate applicable (hourly/contract) shall be agreed at the time of hiring by the Director of Environment and Operations
    or his representative, and the owner.
3
    Separate contract cartage rates for product smaller than 200mm (Gravel, Sand etc.) and product greater than 200mm (Rock) should be
    provided on the attached form.



OFFICE USE ONLY            Nett Payload for (please circle):         [Truck]       [Truck with Trailer]      [Truck with Water Tank]

Signature                                                             Manager Technical Services          Date
CONTRACT CARTAGE RATES FORM

Please note that a separate form must be submitted for each product type (e.g. one for <200mm and one
for >200mm). Prices will be fixed for a period of three (3) months with four (4) changes allowed throughout
the financial year.

Product (Please tick one):         Gravel/Sand <200mm                  Rock >200mm
KM     $ Inc GST        $ Ex GST     KM    $ Inc GST    $ Ex GST     KM      $ Inc GST    $ Ex GST
1                                    35                              69
2                                    36                              70
3                                    37                              71
4                                    38                              72
5                                    39                              73
6                                    40                              74
7                                    41                              75
8                                    42                              76
9                                    43                              77
10                                   44                              78
11                                   45                              79
12                                   46                              80
13                                   47                              81
14                                   48                              82
15                                   49                              83
16                                   50                              84
17                                   51                              85
18                                   52                              86
19                                   53                              87
20                                   54                              88
21                                   55                              89
22                                   56                              90
23                                   57                              91
24                                   58                              92
25                                   59                              93
26                                   60                              94
27                                   61                              95
28                                   62                              96
29                                   63                              97
30                                   64                              98
31                                   65                              99
32                                   66                              100
33                                   67
34                                   68
WorkCover Queensland Details

Do you hold WorkCover insurance?                       Yes     No             N/A
(N/A for Owner Operator applicants)


Policy Number:                                                Expiry Date:
Name of Policy Holder:
Any special conditions, exclusions or exceptions required by insurer




Non Wages Employee Operators only (including Owner Operators and Contract Operators)


Do you hold Personal Accident or Income Protection Insurance?                Yes            No

Policy Number:
If no policy is held, you MUST sign the attached Release form.               Signed


INSURANCE

Council requires contractors to have insurance policies to cover the following types of claims
and to keep such insurance policies current during the term of the period of hire:

        Third Party Personal Damage (usually covered by vehicle registration)
        Third Party Property Damage
        Claims arising from your occupation that covers you whilst operating plant and whilst
         working away from your plant
        A minimum public liability insurance cover of $10,000,000

Registered Plant

A. Do you have a motor vehicle policy to cover the claims identified above whilst the vehicle is
   being used as a tool of trade?


         Yes          Policy Number

         No           Go to B



B. Do you have a public liability policy to cover the claims identified above?


         Yes          Policy Number

         No           This application will not be accepted
DOCUMENTARY EVIDENCE

Copies of the following documents must be supplied with this application where applicable.

   Attached    Registration Certificate
   NA          Required for all trucks, trailers, water tanks and low loaders. Document must show that
               registration is current. Payment Renewal Notices and/or Registration Enquiry Reports will not be
               accepted.

   Attached    Driver’s Licence for the appropriate class of vehicle for ALL vehicle operators.
   NA          New documents must be submitted as soon as possible if changes are made to operator details
               during the hire period.

   Attached    WorkCover Queensland Policy – Certificate of Currency
   NA          Not applicable to Owner Operators. Documents must be submitted to cover the whole hire period.
               Verification of Cover will not be accepted.

   Attached    General or Construction Induction
   NA          All operators must have completed the General Induction Course 30215Qld or hold a Construction
               Induction (White Card) as per Queensland Workplace Health & Safety requirement if working on a
               construction site.
               New documents must be submitted as soon as possible if changes are made to operator details
               during the hire period.

   Attached    Registered Weighbridge Certificate
   NA          A separate certificate is required for removable water tanks to establish tare weights. Registered
               weighbridge certificates are to be current within 2 weeks of date of submitted application for
               all vehicles offered for hire.

   Attached    Excess Mass Permits
   NA          Any of the following may be submitted for vehicles that exceed mass limits for GCM and GVM:
                      a current National Heavy Vehicle Accreditation Scheme Certification
                      a current QLD Government Excess Mass Permit (issued by the Dept. of Transport & Main
                       Roads)
                      a copy of QLD Transport – Form 18 – Guideline for Motor Truck & Dog Trailer
                       Combinations up to 50 tonnes total mass in Queensland – note that Appendix 7.2 MUST
                       be completed.
   Attached    Workplace Health and Safety Management System Documentation
               All applicants MUST have a WH&S Management System in place. This includes:
                      A signed Workplace Health & Safety Policy for your company
                      A Risk Assessment Form
                      An Incident Report Form
  Please note that the application WILL NOT be included on Council’s Private Plant Hire
         Database until all copies of documentary evidence have been supplied.

It is the applicant’s responsibility to advise Council of any change of information supplied with this
application during the period of hire.

I/WE acknowledge that it will be MY/OUR responsibility to ensure compliance with the provisions of the
Workplace Health and Safety Act of 2011 and regulations and that I/WE shall, if required, demonstrate to
the Council the manner in which I/WE intend to comply with the requirements of the Act.

I/WE certify that the foregoing information is correct and agree to hire to the Burdekin Shire Council the
abovementioned plant in accordance with the attached Terms and Conditions of Hire.


Signature:                                                        Date:
Date:


Chief Executive Officer
Burdekin Shire Council
PO Box 974
AYR QLD 4807


Dear Sir,

Re:     Inclusion of Privately Owned Plant in the Burdekin Shire Council Private Plant Hire
        Database – Insurance Arrangements

I am an independent contractor and take my own responsibility for, and make my own insurance
arrangements for, any accident or other act or omission which occurs by, through or in connection with
any contract and causes myself personal injury or property or financial loss. I forever release the
Council from any liability which the Council might otherwise have to myself in respect of personal injury
or property or financial loss suffered by myself in any way by through or in connection with the
performance or purported performance of the plant hire contract.

There are no exceptions to this release, except for injury or loss caused to myself by a deliberate or
reckless act or omission by the Council and it is the intent of the parties that the scope of this release
must not otherwise be read down in any way.

If for any reason, the release is not effective in law, then I nevertheless indemnify the Council and agree
to keep it indemnified against the full amount of any claim for which the release is not effective.

Yours faithfully




Signature                                Print Name




Owner of
                     (business name)
Workplace Health and Safety Officer
Burdekin Shire Council
PO Box 974
AYR Q 4807




Company Name:



I,                                                              being the self employed person shall:

    Conduct works in a manner that shall comply with the Workplace Health and Safety Act 2011,
     associated Regulations and within such relevant Federal, State and Local Laws as are applicable to
     the work.
    Not cause a hazard or risk of injury or damage to the Principal; employees; proprietors or the general
     public.
    Obey any reasonable safety direction of the Burdekin Shire Council or its representatives and shall,
     where applicable, conform to Burdekin Shire Council safety policies, procedures and rules. No
     action by Burdekin Shire Council, including the giving of any directive, shall relieve self employed
     persons of any obligation under this Contract, Agreement or at Law.
    Where applicable, make available a copy of a Work Method Statement or Workplace Plan to the
     Burdekin Shire Council for works that shall be deemed a High Risk Activity.
    At all times, wear appropriate, Personal Protective Equipment as deemed necessary by statutory
     requirements and the Burdekin Shire Council. This includes delivery of invoices or other
     documentation by any associated person/s, in relation to services provided, who must comply with
     the Workplace Health and Safety conditions of entry to Jones Street Depot.
    Understand that any works that are carried out in any manner, which does not comply with the
     requirements of the Workplace Health and Safety Act 2011, shall constitute a breach of contract or
     agreement and shall constitute grounds for the contract or agreement to be suspended or
     terminated.
    Ensure that all on-site personnel engaged by myself have undertaken general induction training and
     shall undertake an on-site induction course where applicable.

Should a dispute occur pertaining to work methods, which cannot be solved to the mutual satisfaction of
the Principal and the Self Employed Person, a representative of Workplace Health and Safety
Queensland shall be acceptable to help in dispute resolution.




Signed:                                                Date:

								
To top