Agreementmade on the Date Set out in the Schedule

CONTRACTORS AGREEMENT

AGREEMENTmade on the date set out in the Schedule

BETWEENThe Council of the Shire of Coolamon, Cowabbie Street, Coolamon (the Council) and the Contractor referred to in Schedule 1.

The Council engages the Contractor to carry out the work described in Schedule 2 subject to the following terms and conditions:-

1)CARRY OUT WORK

The Contractor shall carry out the work referred to in Schedule 2 in a conscientious, expeditious and workmanlike fashion. Where the Contractor is required to provide or utilise equipment, such equipment shall be suitable for the work and shall be maintained by the Contractor in good working order.

2)QUALIFICATIONS

The Contractor warrants that he/she is competent and has the necessary qualifications and skills to carry out the work.

3)TERM

This Agreement shall continue in force until the date of termination specified in Schedule 1 or until otherwise determined by notice as set out in the Schedule.

4)COUNCIL MAY TERMINATE

Notwithstanding anything herein contained to the contrary, the Council may terminate this Agreement at any time and without prior notice.

5)AGREEMENT NOT TO BE ASSIGNED

This Agreement is personal and shall not be assigned by one party without the consent of the other party.

6)REMUNERATION

The Council shall make payments to the Contractor as set out in Schedule 1 and referred to as ‘Contractors Remuneration’.

7)INDEMNITY

The Contractor shall be responsible for and shall indemnify the Council against liability for all loss, damage or injury to persons or property caused by the Contractor. The amount of all claims, damages, costs and expenses which may be paid, suffered or incurred by the Council in respect of any such loss, damage or injury shall be made good at the Contractors expense and may be deducted from any monies due or becoming due to the Contractor.

8)COMPLIANCE WITH STATUTORY REQUIREMENTS

In the performance of this Contract, the Contractor shall comply with all relevant statutory requirements, and in particular, but not exclusively, comply with the requirements of the following statutes, regulations and guidelines:

1)The Work Health and Safety Act 2011 and Regulations and Codes of Practice made thereunder.

2)The Local Government Act 1993 as amended and the Regulations made thereunder.

3)The Traffic Act 1909 as amended and the Regulations made thereunder.

4)The load limits prescribed in Regulations made under the Roads Act 1993 as amended.

Work Health and Safety

The Contractor will provide all necessary personal protective equipment which shall include but not be limited to the following:

Safety vests
Safety boots
Sun protection head apparel
Long sleeve safety shirts
Full length trousers
Hearing and eye protection

9)PLANT AND EQUIPMENT

a)The Contractor will provide necessary equipment, which will include but not be limited to the following:

i.Suitable Transport

Trailer or equivalent with a carrying capacity of at least 750kg
Vehicle capable of towing a trailer with at least 750kg capacity
Suitable equipment for cleaning of public conveniences and streets
Hand Lawn Mower
Whipper Snipper

b)Council will provide the following equipment

Ride-on Mower
Lawn Edger
Tractor with Front End Loader
Tractor mounted Slasher
Water Tank and Trailer
Warning Signs – barricades and safety bollards

10)INSURANCE

The Contractor certifies that he has the following insurance covers where applicable:

a)Workers Compensation Insurance for an amount required by the relevant State or Territory legislation.

b)Public Liability Insurance for $10 million or more per claim.

c)Motor Vehicle Insurance as required by law for registered vehicles and Third Party Property Damage Motor Vehicle Insurance with a limit of indemnity of not less than $10 million for any one claim for accidental injury or death and covering each voluntary worker.

d)Personal Accident Insurance providing benefits of up to $10 million for any one claim for accidental injury or death and covering each voluntary worker.

e)Professional Indemnity Insurance or Errors and Omissions Insurance covering your liability with a limit of indemnity of not less than $10 million for each claim and in the aggregate for all claims for any twelve month period.

11)NOT TO CONSTITUTE EMPLOYMENT/PARTNERSHIP

Nothing contained herein shall constitute the relationship employer and employee or of partnership between the parties hereto. It is the express intention of the parties that any such relationships are not constituted.

12)FURTHER CONDITIONS

The Council and the Contractor agree to the further conditions set out in Schedule 3.

13)NOTICES

The address of each party as referred to in this Agreement hereto shall be the address of that party for service of notices or other communications hereunder which may be effected by personal delivery or by post, and if by post the date of service shall be deemed to be the day after the day of posting.

14)GOVERNING LAW

This Agreement shall be construed and take effect in accordance with the laws of New South Wales. Each of the parties hereto submits to the jurisdiction of the Courts of that place including all Courts of Appeal therefrom and this clause may be pleaded as a bar to action or suit brought in any Court in any other place in the world.

SIGNED on behalf of Council by:…………………………………………………………….

(Mayor)

…………………………………………………………….

(General Manager)

SIGNED by the Contractor}…………………………………………………………….

in the presence of:}

WITNESS:…………………………………………………………….

SCHEDULE 1

1)The date of this Agreement is:……………………………………………………………………………….

2)The Contractor is:……………………………………………………………………………….

of……………………………………………………………………………….

3)Australian Business Number……………………………………………………………………………….

4)Contractor’s GST Status – Registered:YES / NO (please circle)

5)The Contractors remuneration shall be as follows:-

Lump sum Contract

DETAILS / Including
GST
(Lump Sum) / Excluding
GST
(Lump Sum)
Landfill Supervision
Parks & Gardens Maintenance
Street Cleaning and maintenance of Public Amenities
TOTAL / $ / $

Miscellaneous duties as directed by Council including but not limited to:

slashing of defined areas;
emergency response including flood protection procedures and road safety procedures;
urban weed control; and
cleaning, collection and removal of debris, silt, leaves etc. in streets and public areas throughout Ardlethan and Beckom.
minor building maintenance
ranger duties

DETAILS / Including
GST / Excluding
GST
Labour only (per hour)
Labour & contractor plant (per hour)

QUOTATION

Submission of Quotations

The quotation is split into two distinct parts. One is the lump sum contract for the provision of supervision of the Ardlethan Waste Disposal Depot, Parks and Gardens Maintenance and Street Cleaning and Maintenance of Public Amenities. The second part is the quotation of hourly rates for duties not included in the contract but directed by Council staff.

Payments to Contractor

The Contractor shall be entitled to receive and shall be paid by the Council regular progress payments each month on the submission of monthly invoices or such other system as agreed between the two parties.

Adjustment of Payments

Upon application from the Contractor this remuneration agreement may be adjusted as set out in this Clause for the duration of the Contract unless by mutual agreement some alternate formula is adopted. The first adjustment may be made twelve (12) months from the date of commencement of Contract with each successive adjustment to be effected annually thereafter upon request. Adjustments based on CPI movements shall be based on ‘All Groups Weighted Average of Eight Capital Cities’ as published by the Australian Bureau of Statistics for the four quarters immediately preceding the anniversary of the Contract.

6)Date of Termination:30th June 2019

………………………………………………………..……………………………………………………….

Signed on behalf of Council Signed by the Contractor

SCHEDULE 2

The Work:

SUPERVISION OF THE MAINTENANCE ASPECTS OF THE ARDLETHAN WASTE DISPOSAL DEPOT

The Contractor shall be required to provide supervision of the maintenance aspects of the Ardlethan Waste Disposal Depot that achieves the following:

a)Restriction of public access to the Ardlethan Waste Disposal Depot

b)Supervision of the Landfill Site whilst open to the public

c)Minimisation of the windblown litter

d)Collection of user entry fees by the Contractor as adopted by Council in its Annual Operational Plan

e)Prevention by the Contractor of the disposal of waste classified as prohibitive at the Ardlethan Waste Disposal Depot.

f)Maintenance of the Landfill Site and access road

g)Separation of recyclable products which will include the following:

Ensure uncontaminated green waste is deposited to a distinct stockpile within the Depot Site boundary for future burning off by Council or by the Contractor with Council’s written approval or chipping by Council
Separation of black metal to a distinct stockpile site within the Depot boundary
Separation of whitegoods, batteries and wire to distinct stockpile within the Depot boundary

h)Conduct Council’s DrumMuster Programme by ensuring the collection and deposit of clean chemical drums.

The operation of the landfill site is subject to negotiation with Council, but at a minimum is to be opened on three separate occasions, including a Sunday, for a total of twelve (12) hours per week.

PARKS AND GARDENS MAINTENANCE

Maintenance of Council controlled park areas in Ardlethan (including Stewart and Lions Park and designated Council areas) and Beckom (Beckom Park and defined areas).

Provision of regular and ongoing maintenance for both the conventional and lawn sections of the Ardlethan Cemetery including the preparation for internment, backfilling and reinstatement of grave internments (where required).

Maintenance of the landscaped areas of Carpathia Court, Mithul Street, Wilson Street, Ardlethan.

Provide necessary tree maintenance and lopping for parks and the general street areas of Ardlethan and Beckom.

STREET CLEANING AND MAINTENANCE OF PUBLIC AMENITIES

a)Cleaning – Ardlethan Lions Park Toilets. The public conveniences are to be cleaned weekly

b)Streetsweeping –cleaning of Ariah Street, Ardlethan between Mirrool Street and Hawthornes Parade twice per week and cleaning of Ariah & Deakin Streets, Beckom once a month.

c)Collection of rubbish from public bins in Ariah Street, Ardlethan once per week and Beckom public bins on a weekly basis.

SCHEDULE 3

Performance Assessment

No more than two valid complaints about the condition of public toilets and streets in any four week period.
Any direction issued by Council about any complaints shall be attended to within 48 hours of such direction.
Maintenance of parks and gardens in Ardlethan and Beckom in accordance with maintenance levels for Item No’s 3, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16 and 20, Ardlethan and Item No’s 1, 2, 3, 4 and 19 Beckom

Further Conditions

The Contractor must have an Australian Business Number.
The Contractor will arrange the necessary insurance policies, noting Council’s interest on such policies and produce satisfactory evidence of the insurance upon request from Council.
Toilet paper and cleaning chemicals will be provided by Council.
The Contractor at the Council’s expense will undertake such relevant training courses as are considered necessary by Council’s Executive Manager, Engineering and Technical Services.
Fuel used in Council provided plant will be paid for by Council.
Miscellaneous consumables will be paid for by Council provided that a delegated officer of Council has authorized the expenditure and issued an order number for the purchase.
The Contractor guarantees that he/she has or will obtain the following skills/certificates/competencies (and keep current);
Front end loader operation
Traffic control
Chemcert
Chainsaw operation
DrumMuster
Plant supplied by the Contractor will meet manufacturer specifications and standards.

………………………………………………………..……………………………………………………….

Signed on behalf of Council Signed by the Contractor

SCHEDULE 4

Parks & Gardens Maintenance Levels

Level 1(Dark Blue)

a)Turf

Turf to be regularly irrigated to provide lush growth throughout the twelve month period
Irrigation full automation
Mowing height 25mm no higher than 40mm
Limited chemical control around trees only
Mechanical edging around paths, kerb and guttering
Whipper snipper high maintenance – miscellaneous areas
Regular removal of rubbish – minimum twice weekly
Pruning trees and shrubs – canopies to be lifted
Dead tree/shrub removal – maximum 4 weeks

b)Garden beds

Weeding garden beds – minimum weekly
High maintenance garden care

c)Safety Hazard Inspections – minimum fortnightly

Level 2(Light Blue)

a)Turf

Turf, where possible, to provide lush surface for approximately not less than 8 months of a year
Partially Irrigated/Manually
Mowing height 30mm no higher than 50mm
Regular removal of rubbish – minimum weekly
Limited chemical control around trees only
Mechanical edging around paths and kerb and guttering
Whipper snipper general maintenance – miscellaneous areas
Pruning trees and shrubs – canopies to be lifted
Dead tree/shrub removal – maximum 6 weeks

b)Garden beds

Weeding garden beds – minimum fortnightly
High/medium maintenance garden care

c)Safety Hazard Inspections – minimum four weeks

Level 3(Green)

a)Turf

Non irrigated surface maintained in lush condition dependant on periods of rainfall
Mown grass not slashed
Mowing height 35mm no higher than 75mm
Selected chemical control – around trees, edges, paths and kerb and guttering
Whipper snipper general maintenance – miscellaneous areas
Pruning trees and shrubs – canopies to be lifted
Rubbish removal
Limited mechanical edging
Dead tree/shrub removal – maximum 8 weeks

b)Garden beds

Selected chemical control of garden beds
Medium maintenance garden care – minimum 3 weeks

c)Safety Hazard Inspections – minimum eight weeks

General Contract

Coolamon Shire Council1

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