Burdekin Shire Council
TRUCKS, TRUCKS with TRAILERS/WATER TANKS and LOW LOADERS
Terms and Conditions of Hire for inclusion in the
Burdekin Shire Council Private Hire Database
1 July 2013 to 30 June 2014
Burdekin Shire Council is collecting the information you supply on this form to be used for the administration of its Private Hire Database. 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.
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 Work 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 current 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/classes of plant 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.
DAMAGE WAIVER
Council has adequate insurance to cover this type of contracted vehicle. Therefore, a damage waiver fee should not be applied.
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 vehicles.
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 policies 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 as 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/NZS2210.3:2009, 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 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.
TENDERED RATES
Tendered rates must be inclusive of GST if the contractor is registered for GST purposes.
Tendered rates will be for the 2013/2014 financial year.
It is the responsibility of the contractor to issue the Council with a revised tendered rate using the Tendered Rate/Plant Amendment Notice, a minimum of ten working days prior to the commencement date of the proposed rate variation, if for any reason their accepted tender rate to the Council varies.
Tendered Rate/Plant Amendment Notice can be obtained from the Accounts Payable Department at the Council by telephoning 4783 9858 or 4783 9853.
Acceptance of the revised tendered rate will be subject to review and approval by Council.
Tendered rates submitted for all applications will remain private and confidential.
REMOVAL / ALTERATION / ADDITION OF PRIVATE HIRE EQUIPMENT
It is the responsibility of the contractor to issue the Council with details of any proposed removal/alteration/addition to Private Hire Equipment tendered using the Tendered Rate/Plant Amendment Notice.
Tendered Rate/Plant Amendment Notice can be obtained from the Accounts Payable Department at the Council by telephoning 4783 9858 or 4783 9853.
A minimum of 10 working days is required to process submissions of change in Private Hire Equipment and will be subject to review and approval by Council.
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 is required and must be compliant with GST Legislation 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 or the Accounts Payable Section 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 .
PAYG WITHHOLDING TAX
If goods or services are provided to Council, and an Australian Business Number (ABN) is not quoted on invoices, Council is 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’s method of payment is by Electronic Funds Transfer (EFT), so that funds will be transferred directly into the applicant’s nominated financial institution account.
Failure to provide these details will leave Council with no option but to remove applicant from its list of suppliers.
PERIOD OF AGREEMENT
This agreement will remain current between 1 July 2013 and 30 June 2014.
Approved hire rates as at 30 June 2014 will continue to apply until an agreement has been accepted by Council for the 2014/2015 financial year, or for up to one (1) month only after the expiry of this agreement, to enable works to continue.
CONTACT INFORMATION
Contact / Phone / E-mailWorks 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
Burdekin Shire Council