Burdekin Shire Council

Transcription

1 Burdekin Shire Council PLANT AND EQUIPMENT (excluding Trucks, Trailers, Water Carts and Low Loaders) 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 # WORKCOVER Terms and Conditions of Hire for Privately Owned Plant for inclusion in Council s Private Plant Hire Database 1 st July, 2011 to 30 th June, 2012 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 (includes 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 item of plant offered for hire shall be of such standard so as to comply with the Workplace Health and Safety Act, 2011, Regulations and advisory standards and Manual of Uniform Traffic Control Devices. Council reserves the right to have any plant, working on a Council worksite, inspected by a competent person and if it is not roadworthy or is 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 plant used on Council worksites. All plant and equipment that will be used on road must be registered. Any plant that does not comply with the standard regulations for registration must have conditional registration. A copy of the registration certificate must remain with the plant at all times. All plant has to be fitted with rotating flashing lights and backup alarm. The rotating flashing light must be mounted so that the light is visible from all approaches to the machine and operation during Council operations. # CERTIFICATION OF OPERATOR The operator of plant shall hold the relevant Certificate of Competence under the Workplace Health and Safety Act authorising him to operate the plant hired to Council. The operator of plant shall have in their possession at all times a copy of the certificate of Competence and must present it for inspection if required. If the item of plant hired does not require a Certificate of Competence, the operator must have a current Driver s Licence for the appropriate class of item being operated. The operator of the plant must be able to produce appropriate qualifications at all times. If the plant is hired with no operator (dry hire), a Certificate of Competence is not required.

2 # 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 The Council may accept more than one application for any class of machine or classes of machines to suit differing job tasks. The 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 which may occur to the plant during the period of hire. # 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. # 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 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 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 the Council, and keep the 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;

3 (b) (c) 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 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 Health & Safety 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 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. Under the WH&S Act 2011, obligations are imposed on Burdekin Shire Council to ensure that its employees and self employed persons carry out their work in a safe manner. Self employed persons may have an obligation under the Act as a Principal Contractor, Employer, Person in Control of the workplace or a self employed person. Monitoring and supervising the Workplace Health and Safety performance of self employed persons is essential for the Health and Safety of all. While in no way reducing a self employed person s responsibility or liability as an employer for the Workplace 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 must undertake adequate monitoring and supervision of self employed persons; It is important that a systematic approach is adopted when monitoring and supervising self employed persons; Appropriate records of activities related to monitoring and supervision of self employed persons operations clearly demonstrate the organisation s commitment to meeting its WH&S legal obligations. These records are important legal documents and can be relied upon when a noncompliance or serious occupational health and safety incident occurs. Monitoring and supervision of activities will be done through conducting random spot checks on performance. If during the performance of work Burdekin Shire Council informs the self employed person that he/she is: Not conducting the work in compliance with the WH&S Legislation or relevant policies, procedures, Workplace Plan; or Conducting the work in such a way as to endanger the Health & Safety of the self employed persons, employees, Burdekin Shire Council employees or the general public. Burdekin Shire Council may direct the self employed person to promptly remedy the breach of Health & Safety or may direct the person to suspend work until such time as the person satisfies Burdekin Shire Council that the work will be resumed in a safe manner and if the person fails to rectify any breaches of Health & Safety for which work has been suspended, or if the persons performance has involved recurring breaches of Health & Safety, Burdekin Shire Council will notify the Queensland Workplace Health and Safety and request that an inspector visit the workplace or on advice from the inspector the work will be terminated forthwith, depending on the severity of the issue.

4 Burdekin Shire Council requires that any person submitting plant hire agreements or are engaged to perform a service will at all times identify and exercise all necessary precautions for WH&S of all persons who may be affected by the services. The self employed person may be required to inform Burdekin Shire Council of all its WH&S policies, procedures, or measures implemented for individual workplaces or in the event of not having effective polices and procedures, will adopt Burdekin Shire Council s relevant WH&S policies and procedures. The self employed person will comply with any reasonable direction given by Burdekin Shire Council relating to WH&S. The self employed person has an obligation under the WH&S Act 2011 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 self employed person 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. The self employed person has an obligation to take all practicable steps to ensure the Health & Safety of himself/herself and their employees and other people (not employees) who may be affected by the work. Self employed persons are 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 & auditing procedures; Incident reporting & investigation procedures; Plant servicing and maintenance records; The operator of plant shall be required to wear safety footwear in accordance with AS/NZS :2000, and when outside plant on Job Site, required to wear a high visibility long sleeve shirt and any other personal protective equipment required for specific workplaces. Associated person/s in relation to services provided must comply with the above Workplace Health and Safety conditions of entry to Jones Street Depot, including delivery of invoices or other documentation. All Contractors engaged by Council have an obligation not to use mobile phones while operating machinery on council worksites. To ensure that Council fulfils its obligations, there is a requirement for all Contractors and Sub- Contractors employees to have undertaken suitable Workplace Health and Safety induction. # GENERAL INDUCTION The operator of plant 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 Council is developing a policy for plant/vehicle de-contamination (where equipment has been working in areas of contaminated grasses). A map showing contaminated areas will be produced, and contractors shall be responsible for washing vehicles prior to entering an uncontaminated zone from a contaminated zone. Once the policy is developed and adopted by Council all contractors will be required to comply with the policy, and therefore contractors will be given the opportunity to submit variations to hire rates for work in applicable areas. Private Hire Contractors are encouraged to become aware of declared plants that the contractors may come in contact with in the Burdekin and also fines involved under the legislation Land Protection (Pest and Stock Route Management Act) Contractors are welcome to contact Council s Land Protection Officer for more advice.

5 When a tractor slasher is moving to a new job site, it is required that the tractor and the entire slasher be cleaned with high pressure air or water. Daily clean down of the deck of tractor slashers and anywhere organic material is built up on the tractor slasher is also required. # PRICING The applicant if registered for GST purposes will be required to include GST in the price. Prices will be fixed for a period of three months with four 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 will have to 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 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 shall 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. # 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. # CONTACT INFORMATION Works Administration Officer Foremen s Office Telephone: Workplace Health and Safety Telephone: Telephone: Mobile: General Application and Payment Enquiries Telephone: Telephone: accounts.payable@burdekin.qld.gov.au

6 Burdekin Shire Council Plant and Equipment (excluding Trucks, Trailers, Water Carts and Low Loaders) APPLICATION FORM FOR PRIVATELY OWNED PLANT for inclusion in the Council s Private Plant Hire Database OWNER DETAILS Trading Name: Surname: Given Name/s: Address: Postal Address: ABN: Address: GST Registered: Yes No Phone Numbers: Bank Details: Business: Bank: A/H: BSB: Mobile: Account Number: Fax: Account Name: OFFICE USE ONLY Documentation has been checked & approved by Workplace Health Documentation has been received by Expenditure Services: & Safety Officer: DATE RECEIVED NAME CONFORM DATE OFFICER APPROVAL SIGNATURE CONFORM DATE

7 PLANT AND EQUIPMENT INFORMATION (Excluding Trucks, Trailers, Water Carts & Low Loaders) Plant Type: Horsepower: Make: Rollover Protection System: All applicable plant must be fitted with Model: ROPS. Is Plant fitted with ROPS? Serial No: Yes No N/A Registration: Attachments & Other Relevant Details: HIRE DETAILS Hire Rates Price Including GST Price Excluding GST Operational Price: $ $ hour/day/week Stand-by Price: $ $ hour/day/week Does the Hire Rate Include: Fuels Yes No Wages of Operator Yes No Note: Point of commencement and point of termination of hire is the site as nominated by the Director of Environment and Operations or his representative. Delivery Details: Do you own a transporter or have reliable arrangements for the transport of the plant to and from job sites? Yes No N/A Delivery Costs Price Includes GST Delivery Costs Price Excludes GST OPERATOR DETAILS (please tick where applicable) Operator Type: Owner Only Contractor Operator Wages Employee Operator Dry Hire

8 HIRERS WITH MULTIPLE PLANT AND/OR EQUIPMENT (excluding Trucks, Trailers, Water Carts and Low Loaders) Applicants with more than one plant and/or equipment are invited use the form below to submit for consideration to be included in the Council s Private Plant Hire Database a list of their plant and/or equipment available for hire. Owner and Insurance Details are only required to be completed once. Applicants with 20 or more pieces of plant and/or equipment may also attach their own list to the application providing that all relevant details are supplied as above. Plant Type: Horsepower: Make: Rollover Protection System: All applicable plant must be fitted with Model: ROPS. Is Plant fitted with ROPS? Serial No: Yes No N/A Registration: Attachments & Other Relevant Details: Hire Rates Price Including GST Price Excluding GST Operational Price: $ $ hour/day/week Stand-by Price: $ $ hour/day/week Does the Hire Rate Include: Fuels Yes No Wages of Operator Yes No Delivery Details: Do you own a transporter or have reliable arrangements for the transport of the plant to and from job sites? Yes No N/A Delivery Costs Price Includes GST Delivery Costs Price Excludes GST OPERATOR DETAILS (please tick where applicable) Operator Type: Owner Only Contractor Operator Wages Employee Operator Dry Hire

9 Workcover Queensland Details: Is Workcover Queensland held (N/A for dry hire applicants)? Yes No N/A Policy Number: Expiry Date: Name of Policy Holder: Any special conditions, exclusions or exceptions required by insurer For Non Wages Employee Operators only (includes Owner Operators and Contract Operators): Have you a Personal Accident or Income Protection Policy? 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 Registration) Third Party Property Damage Claims arising from your occupation that covers you whilst operating plant and whilst working away from your plant. Insurance Policies are to be kept current during the term of hire to the Council For Registered Plant A. Do you have a motor vehicle policy to cover the claims identified above whilst the vehicle is being used a tool of trade? Yes (Your insurance conforms) No (Go to B.) If NO Policy Number: B. Do you have a legal liability policy to cover the claims identified above? Yes (Your insurance conforms) No (Your insurance does not conform) Policy Number: For Unregistered Plant Do you have a legal liability policy to cover the claims identified above? Yes (Your insurance conforms) No (Your insurance does not conform) Policy Number:

10 DOCUMENTARY EVIDENCE Copies of Documentary Evidence of the following are required to be supplied with this application where applicable. Please circle Yes/No/NA Yes/No/NA Registration Certificate required for any registered plant, motor vehicle or trailer transporting any unregistered plant travelling on a road. Copy must show registration is current. Payment Renewal Notices are NOT accepted instead of the certificate. A Registration Enquiry Report from Queensland Transport will be accepted. Certificate of Competence of Operator as required by the Workplace Health and Safety Act. If the item of plant hired does not require a Certificate of Competence, the operator must have a current Driver s Licence for the appropriate class of item being operated. All operators of the plant must have a submitted copy of a current Driver s Licence and/or O.H.S. Certification Australia. Applicants must submit copies of the above if there are any changes, during the year, to the operators submitted in this application. This is not required for Dry Hire applicants. Yes/No/NA Yes/No/NA Yes Workcover Queensland Policy Copy must show cover is current. NA only acceptable to Owner Operators and Dry Hire applicants. The Certificate of Currency MUST be submitted. A copy of the Verification of Cover will not be accepted. General or Construction Induction Have General Induction Course 30215Qld or a Construction Induction (White Card) as per Queensland Workplace Health & Safety requirement if working on a construction site. A copy of this card for ALL operators of the plant and/or equipment is required. This is not required for Dry Hire applicants. Workplace Health and Safety Management System Documentation All applicants MUST have a W.H. & S. Management System in place in order to have their application approved. This includes:- A signed Workplace Health & Safety Policy for your company A Risk Assessment Form N/A for Dry Hire Applicants An Incident Report Form N/A for Dry Hire Applicants 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 Workplace Health and Safety 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 Terms and Conditions of Hire attached. Signature: Date:

11 (Date) Chief Executive Officer, Burdekin Shire Council, P.O. Box 974, AYR. QLD 4807 Dear Sir, Re: Contract Application to Include Privately Owned Plant in Council s Schedule of Private Plant Available for Hire to Council Period 1/7/11 to 30/6/12 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 the above 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 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 (name and type of plant owned)

12 PLEASE RETURN THIS PAGE TO: Mr. Ian Gorey 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 Regulation 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 their 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 must comply with the above 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 Workplace Health and Safety 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 the Queensland Workplace Health and Safety shall be acceptable to help in dispute resolution. Signed: Date: / /