Plant Hire Agreement

PLANT HIRE AGREEMENT

For the period of

15st Feb 2016 to 30th June 2017

COMPREHENSIVE PLANT HIRE AGREEMENT

This agreement is made on (date)

BETWEEN

Narrandera Shire Council

141 East St Narrandera NSW 2700

Phone: (02) 6959 5500

Email:

(‘The HIRER’)

AND

Contractor (full company name)

Contractor Primary Business Address

Postal Address (if different to above)

ACN

ABN

Phone:

(The ‘CONTRACTOR’)

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 7

4. Compliance with WHS requirements 8

5. Damage to fixtures 8

6. Commencement and stand down of plant 8

7. Termination and suspension 8

7.1 Termination for breach 8

7.2 Requirements of notice to terminate 8

7.3 Termination 8

7.4 Suspension of agreement 8

7.5 Breakdowns 9

8. Grievance resolution 9

8.1 Plant hire 9

9. Risk & indemnities and insurance requirements 10

9.1 Indemnity 10

9.2 Insurances 10

10. Supervision and control of operations 10

11. Subcontracting 10

12. Terms of payment 11

12.1 Payment rates & hire period 11

12.2 Contractor invoices 11

12.3 GST invoices 11

13 Entire agreement 11

14 Address for notices 11

15 Miscellaneous and attachments 12

BACKGROUND

Narrandera Sire Council is seeking Expressions of Interest (EOI) from Plant operators available to provide contract plant hire for various plant items. Council will generally require wet hire of dozer, excavator, tipping trucks and dogs, and dry hire of rollers.

Minimum standards and requirements apply to plant and operators and these are detailed in the following pages. Operators who comply with the criteria will be placed on the Council’s Contract Plant Hire Register. Operators should ensure that details held by Council are kept up-to-date. Hiring of plant will be from Council’s Plant Hire Register and all appropriate operators will be considered for hire.

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.

New operators may seek approval at any time, provided that all the requirements of the contract are met.

IT IS AGREED AS FOLLOWS:

1. DEFINITIONS

In this agreement:

HIRER is Narrandera Shire Council

CONTRACTOR is as citied above

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

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

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

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

YEAR means financial year

2. CONTRACTOR OBLIGATIONS

2.1 The contractor shall perform the Work in accordance with this Agreement, and the Attachments

2.2 The Contractor shall keep current any insurances specified in this agreement and furnish copies of the certificates of currency to Council.

2.3 The Contractor shall notify the Hirer as soon as practical any Accident/Near miss involving or associated with equipment controlled by the Contractor whilst engaged under the terms of this agreement

3. CONTRACTOR RESPONSIBILITIES

The Contractor has the following obligations under this Agreement:

3.1 Plant Supply and Operation: Wet Hire (supply of hire plant with operator)

(a) To supply the Plant and ancillary equipment at the tendered rates

(b) To supply the 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

ALL PLANT MUST BE ACCOMPANIED BY A PLANT ASSESSOR ONLINE RISK MANAGEMENT SURVEY www.assessor.com.au OR satisfy plant safety requirement of Narrandera Shire Council.

(c) To be responsible for transport of the Plant to and from work locations as requested by Council’s supervisor. No hire payments will be made for periods of transportation unless mutually agreed upon between the Contractor and the Supervisor to travel the plant;

(i) under its own power, in which case the Hirer will bear the cost of travelling time at the Standby idle hourly rate, or

(ii) Using a float, in which case the Hirer will bear the cost of travelling at the Float Rate as specified.

(d) To carry out the Work and operate the plant continuously at the work locations as required during the period of hire

(e) To provide competent and approved operator(s) who have completed the appropriate training as determined by the Hirer from time to time allowing safe operation of the Plant, and to 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

(f) To notify any change of operator immediately to the supervisor

(g) To 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

(h) To 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

(i) To ensure all repairs to the Plant of whatever description are done expeditiously and at the Contractor’s own expense

(j) To ensure that the truck or plant item meets the requirements of RTA Specification “G22M Occupational Health and Safety; Appendix G22M/J Truck and Plant Requirements. This is found on the following RTA website:

http://www.rta.nsw.gov.au/doingbusinesswithus/specifications/specs825701/g022 _e3_r5.pdf

(k) To comply with all reasonable directions of the Supervisor

3.2 Plant Supply and Operation: Dry Hire (supply of hire plant only)

(a) To supply the Plant and ancillary equipment at the tendered rates

(c) To be responsible for transport of the Plant to and from work locations as requested by Council’s supervisor. Hire payments will be made for periods of transportation as mutually agreed upon between the Contractor and the Supervisor to travel the plant;

(i) Under its own power, in which case the Hirer will bear the cost of travelling time at the Standby idle hourly rate, or

(ii) Using a float. The Hirer will bear the cost of travelling at the Float Rate as specified

(d) To ensure that the truck or plant item meets the requirements of RTA Specification “G22M Occupational Health and Safely; Appendix G22M/J Truck and Plant Requirements. This is found on the following RTA website:

http://www.rta.nsw.gov.au/doingbusinesswithus/specifications/specs825701/g022_e3_r5.pdf

(e) To 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

3.3 Safety Management

The contractor must:

(a) 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

(b) All contractors’ personnel entering work sites must 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 WorkCover Certificate of Competency, 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

(c) Comply with all relevant Commonwealth and State legislation and regulations relating to the use of the plant in road construction or maintenance

(d) All contractors’ personnel entering the worksite must adhere to Narrandera Shire Council’s WHS Induction handbook 2014 which includes wearing of long-sleeved shirts and trousers at all times as well as a broad brimmed hat. Further information can be provided on this policy prior to commencement

(e) The Contractor must ensure that all persons engaged on the Work use suitable and approved personal protective equipment (PPE) (this includes offsiders and filters). 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

(f) The Contractor must also provide an approved “Type B” or equivalent First Aid kit and a fire extinguisher in each plant item

(g) 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

3.4 Use of vehicles

The Contractor must 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:

(a) Have a valid NSW Roads and Maritime Services and/or a registration authority of another State or territory, and/or Unregistered Vehicle Permits

(b) Are operated by persons who are appropriately licensed in accordance with the laws of NSW and Road Transport (Driver Licensing) Act 1998

(c) 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

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

5. DAMAGE TO FIXTURES

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 unless the Supervisor designates this time as ‘Standby’, in which case the Standby rate as set out in the tendered rates shall apply

6.3 The Contractor or Operator will keep records of hours worked at the end of each and any shift completed

7. TERMINATION AND SUSPENSION

7.1 Termination for breach

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

A notice under clause 7.1 must –

(a) State that it is a notice under clause 7.1 of the Agreement

(b) Specify the alleged breach

(d) 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)

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

7.3 Termination

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

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:

(a) The date on which the Contractor gives adequate reasons why the Agreement should not be terminated

(b) The date on which the Hirer terminates the Agreement; or

7.5 Breakdowns

Where Equipment breaks down during the hire 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 Equipment 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 Equipment that has broken down from the site if so directed by the Supervisor. Narrandera Council may require the deletion of a particular item of Equipment from the Schedule of Equipment and Hire Rates if the item suffers repeated breakdowns or other mechanical failures.

8. GRIEVANCE RESOLUTION

8.1 Pant Hire

(a) 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.

(b) 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.

(c) Where the steps set in (b) fail to resolve the issue, the Supervisor shall refer the matter to the Works Coordinator 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 Coordinator’s response shall be in writing and both parties must keep a copy.

(d) Where the steps set out in (b) and (c) have not resolved the issue Council’s Works Coordinator shall refer the issue to Councils Technical Services Manager who should 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.