Tender No. 04/2020 Hire of Plant & Equipment

Dungog Shire Council

Request for Tender

Tender No. 04/2020

Hire of Plant & Equipment

Closing Date: 2:00pm Tuesday 2 June 2020 Contract Period: 12 Months From: 1 July 2020 To: 30 June 2021

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CONTENTS Page No. 1. TENDER REQUIREMENTS 4

2. GENERAL CONDITIONS OF CONTRACT 7

3. SPECIAL CONDITIONS 9 3.01 Interpretation 9 3.02 Service of Notices 9 3.03 Nature and Duration of contract 9 3.04 General Obligations 10

3.04.1 Compliance with Directives 10 3.04.2 Code of Conduct 10 3.04.3 Assignment of Contract 10

3.05 Workplace Health and Safety 10 3.05.1 General WHS Requirements 10 3.05.2 Quarries 11 3.05.3 Protective Personal Equipment 11 3.05.4 Plant and Equipment 11 3.05.5 Notifications 12 3.05.6 Certification 12 3.05.7 Legislative Compliance 12 3.05.8 Non Compliance 12

3.06 Hire Commencement, Notification, Stand Down and Cancellation 12 3.07 Government Information (Public Access) Act 2009 (GIPA Act) 13

3.07.1 Consultation (GIPA Act, s. 54) 13

4. PAYMENTS 14 4.01 Payment Rates and Periods – Plant with Operator 14 4.02 Payment Rates and Periods – Plant Only (No Operator supplied) 14 4.03 Rise and Fall 15 4.04 Deduction of Monies 15 4.05 Payments to Contractor 15 4.06 Overtime 15 4.07 Transportation 15 4.08 Travelling 16

5. INSURANCE 17 5.01 Public Risk Insurance 17 5.02 Workers Compensation Insurance 17 5.03 Third Party Insurance 17 5.04 Council's Indemnity 17 5.05 Theft, Loss or Damage Insurance 17

6. OPERATIONS 18 6.01 Declaration of Wages 18 6.02 Compliance with Law 18 6.03 Vehicles Loads 18 6.04 Competency of Labour 18 6.05 Property Damage 18 6.06 Minor Repairs 19 6.07 Fuels, Oils etc. 19 6.08 Lights 19 6.09 Equipment 19 6.10 Hungry Boards 19 6.11 Haulage Unit Markings 19

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6.12 Utility Services 19 6.13 Transportation of Loads 19 6.14 Cancellation of Work 19 6.15 Additional Acquisitions 20 6.16 Plant Only – Dry Hire 20 6.17 Plant Delivery Receipts 20 6.18 Water Cart Inspections for Town Hydrant Use 20 6.19 Outriggers 20 6.20 Communications 20

7. TERMINATIONS 21 7.01 Dismissals 21 7.02 Termination of Agreement 21 7.03 Disposals and Replacements 21

CONTRACT AGREEMENT 22

DECLARATION 23

FIRST SCHEDULE 24 Plant Details 24 Operators / Drivers Listing 25

SECOND SCHEDULE 26

WAGES DECLARATION PROFORMA 27

SUBCONTRACTORS STATEMENT PROFORMA 28

APPENDIX 1 – Daily Truck, Plant and Water Cart Hire Minimum Requirements 30

Proforma Document

APPENDIX 2 – Statement of Business Ethics 31

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1. TENDER REQUIREMENTS

1.1 PURPOSE OF PROPOSED CONTRACT

Supply of Hire Plant and Equipment to Dungog Shire Council for the period 01 July 2020 to 30 June 2021.

1.2 INVITATION

Any incorporated body willing to fulfil the requirements of the proposed Contract is invited to submit a tender to the Council by the deadline, 2.00pm Tuesday 2 June 2020. Responsibility for lodgement prior to the deadline lies solely with the Tenderer. Tender lodgement information is provided in the tender document. Council is not bound to accept the lowest tender or any tender submitted.

1.3 WHEN & WHERE TENDER DOCUMENTS CAN BE OBTAINED

Tender documents are available free of chargefrom:

Dungog Shire Council 198 Dowling Street, Dungog NSW 2420

or by calling

Customer Service (02) 4995 7777

1.4 REQUESTS FOR INFORMATION CONCERNING PROPOSED CONTRACT All enquiries relating to the proposed contract must be directed to the nominated Project Officer, between 9.00am and 4.00pm, Monday to Friday. Verbal enquiries must be confirmed in writing:

Nigel Atkins Works Manager (02) 4995 7777

or email: [email protected]

1.5 PRE‐TENDER MEETING

A pre‐tender meeting is NOT to be held.

1.6 ADVERTISEMENT PLACED IN

Sydney Morning Herald: Tuesday 5 May 2020

Newcastle Herald: Saturday 2 May 2020

Dungog Shire Council Website:

Period 4 May 2020 to 2 June 2020

1.7 TENDERERS TO NOTE

In the preparation and submission of the tender and without limiting the Tenderer’s obligations:

The Tenderer shall submit the Tenderer’s Declaration, any other declaration required and all Schedules, which are to be fully completed and accompanied by further supporting information where necessary.

The Tenderer shall not submit a tender without a firm intention to proceed.

The Tenderer shall not engage in any form of collusive practice.

The Tenderer shall not directly or indirectly canvass support from an elected member or employee of Council.

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1.8 LODGMENT METHOD (Clause 10 of the Conditions of Tendering) Tenders, complete in all respects will ONLY be accepted by either one of the following means:

I. Submitted electronically with the subject title: Tender 04/2020 – Plant and Equipment Hire

And email to: [email protected]

II. Submitted by enclosing submission document in a sealed envelope and the envelope marked legibly as follows:

Tender 04/2020 – Plant and Equipment Hire

And either: Delivered by hand or by courier and placed in the: Tender Box Dungog Shire Council 198 Dowling Street Dungog NSW 2420 Or Mailed to the Tender Box addressed as follows: Tender Box Dungog Shire Council 198 Dowling Street Dungog NSW 2420 So as to be received before the closing time and date for tender. Time: 2:00 pm

Date: Tuesday 2 June 2020

Tenders submissions are to be received prior to the closing time on the due date. It is the responsibility of the Tenderer to ensure that the tender is received on or before the stated closing time. Late tender will only be considered in accordance with the Local Government (General Regulation).

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1.9 “VALUE FOR MONEY” ASSESSMENT.

Council is not bound to accept the lowest tender or any tender submitted. Council, in its discretion, will accept the tender that it determines provides the most advantageous result. Tenders will be assessed on “conformity to the documentation” and “value for money” (the most cost effective offer determined by considering all price and non‐price factors relevant to the proposed contract), and the following criteria:‐

‐ Tender Price ‐ Availability ‐ Suitability ‐ Reliability

‐ Machine Age ‐ Machine Performance ‐ Operator Ability

‐ Previous Experience ‐ Assessed capacity to undertake task ‐ WHS

1.10 ADDITIONAL CONDITIONS

The “Conditions of Contract” contained in the next section govern this tender.

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2. GENERAL CONDITIONS OF CONTRACT

2.01 Tenders will only be accepted on the attached Schedule of Rates Forms as shown in the First Schedule.

2.02 Applicants are to advise what arrangements will be made for repair or replacement of machinery in the event of breakdown or availability of alternate operators and ability to supply plant at short notice.

2.03 For hire periods over 50 hours expected duration or material quantities over 1,000m3, Council reserves the right to negotiate a lower hire rate with individual contractors.

2.04 Plant Hire Contractors are required to sign the Declaration. Failure to do so will render a quotation

null and void. 2.05 Council reserves the right to stand down hired plant, which does not comply or is not operated in

accordance with Work Health & Safety Act and Construction Safety Act and Regulations. 2.06 Payments for plant hire which includes operator hire shall not be made unless legible daily plant

hire dockets have been certified by the Operator of the plant or equipment and Council’s Works Supervisor or site representative responsible for the works. Plant Hire Dockets are to be supplied by the Contractor for each item of plant on a daily basis, and shall have, as a minimum requirement, all the information as detailed in the tables shown in the section Plant Hire Docket ‐ Minimum Requirements within this tender document.

In the case of Dry Hired Plant, 'External Plant Hire Sheets' will be completed by the Ganger or

Works Supervisor responsible for the works and submitted to Council’s accounts section weekly. Individual invoices shall be supplied for each plant per period of hire. Invoices are to reference

appropriate docket numbers for the particular plant hired. Invoices must be submitted to Council no later than the 20th of the month for payment at the end

of the month. 2.07 Performance Assessment may be undertaken on all plant hired for periods in excess of 30 hours

based on productivity and quality of services.

2.08 Variances between order and invoice amounts will be monitored by management on a routine basis.

2.09 Contractors dissatisfied with hiring decisions should refer their concerns in writing marked 'CONFIDENTIAL' addressed to the General Manager.

2.10 Performance Assessment shall be made available on request to Contractors if not the subject of a

claim for hire payment, damages or such other matter not in Council's interest. 2.11 Each applicant must legibly complete all applicable Schedules in full. Council are willing to accept,

for dry hire only plant and equipment, external schedules/list of items, provided all relevant information is provided in full.

2.12 Unless included on applicable schedule, C Rate shall be paid at the A rate.

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2.13 B Rate shall be included for all plant (excluding watercarts and haulage units) 2.14 Minimum hire periods to be included on schedule for all plant. Unless noted otherwise, the hire

rate shall be hourly for remainder of the work period after the minimum hire period has elapsed. 2.15 Each applicant must state distinctly on the envelope enclosing his Tender ‘TENDER 04/2020 ‐

PLANT AND EQUIPMENT HIRE'. Submissions must be addressed to the General Manager of the Council and received by the same before the time fixed for the closing of tenders.

2.16 The Council shall not be bound to accept the lowest or any particular tender. Factors such as

availability, suitability, reliability, age, operator and machine performance, service backup, etc. shall be taken into consideration.

2.17 Council will keep an up‐to‐date schedule of rates at all times. Supervisory staff will use this

schedule when hiring equipment. 2.18 Fresh quotations will be invited at around 12 monthly intervals to allow all persons the opportunity

of submitting current prices.

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3. SPECIAL CONDITIONS 3.01 Interpretation

‘Allowable Deductions’ shall mean any of the following:‐

a) Any cost or expenses incurred by Council in remedying any breach or damage caused to the Council by the Contractor, his servants or agents in the performance of the obligations of the Contractor hereunder.

b) Costs incurred by the Council in repairing Plant when authorised to do so by the Contractor.

‘Contractor’ unless the context otherwise admits shall include the servants and agents of the Contractor.

‘Council’ means the Council of the Shire of Dungog.

‘Works Manager’ means the Council’s Works Manager or his representative.

‘Plant’ includes equipment, motor vehicles and implements whether powered by fuel, electricity, gas or otherwise or not.

‘A Rate’ means that rate which includes wages, insurance, licences, fuels etc. and all other operating and overhead costs relevant to the operation of the plant.

‘B Rate’ means that rate which includes the labour and overhead costs in addition to any opportunity cost for hire of the plant.

‘C Rate’ means that rate which includes wages, insurance, licences, fuels etc. and all other operating and overhead costs relevant to the operation of the plant. ‘C Rate’ is paid on Weekends, Public Holidays and Callouts (see Clause 4.01).

‘Plant Only Rate’ means that rate which applies for hire of plant excluding labour and fuel costs and shall cover a period of up to nine (9) machine clock hours/day.

‘Bulk Rate’ means that rate as agreed to between the Council and the Contractor for hire periods in excess of 50 hours continuously or 1,000m3 in total.

Where herein used words importing the singular number or plural number shall include the plural number and singular number respectively and words importing the masculine gender shall include the feminine or neuter gender.

3.02 Service of Notices

Subject as otherwise provided herein, any notice to be given hereunder may be given by hand or by prepaid post addressed to the Council or Contractor at the address shown in the Agreement for Hire of Plant or Labour of which these General Conditions form part. Any notice sent by post shall be deemed to have been served on the second day after posting excluding the day of posting.

3.03 Nature and Duration of Contract

The contract is for the day to day hire to Council of haulage units and plant with drivers/operators on an hourly basis. The duration of the Contract is for one year only.

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3.04 General Obligations 3.04.1 Compliance with Directives

The Contractor shall take upon himself the whole risk of performing his obligations under the Contract. He shall also comply with all reasonable and lawful directions of the Works Manager or his representative.

3.04.2 Code of Conduct

In accordance with Councils Code of Conduct, Councillors are not to contact or issue instructions to any of Council’s contractors or tenderers. In the event that a Councillor attempts to influence a contractor, the contractor shall report such circumstances to the Councils General Manager. Contractors should make themselves and their staff aware of Councils Statement of Business Ethics which is attached. If Contractor’s are found to have canvassed Councillors or Council Staff (including the offering of incentives, gifts or benefits) regarding any matter in relation to this tender, that Contractor’s Tender will be void and not considered by Council.

3.04.3 Assignment of Contract

The Contactor shall not assign this Contract or assign, mortgage, charge or encumber all or any of the monies payable or to become payable under this Contract or any other benefit whatsoever arising or which may arise, under this Contract, to any person. Sub‐letting of this Contract will not be accepted nor engagement of sub‐contractors without the written agreement of the General Manager.

3.05 Workplace Health and Safety 3.05.1 General WHS Requirements

DSC is obligated to provide and maintain, so far as is practicable, a work place for its employees and non employees, that is safe and without risk to health and safety. As a condition of this contract, the contractors or subcontractors that may be engaged to perform a service on DSC’s behalf will at all times identify and exercise all necessary precautions for the health and safety of all persons including Contractor employees, DSC employees and members of the public who may be affected by the services. Contractors and sub‐contractors will also exercise all necessary environmental risk mitigation measures and minimise the environmental impact of their work. The Contractor will ensure familiarisation to all occupational health and safety policies, procedures or measures implemented or adopted by DSC and/ or the occupiers of any premises at or within which the Contractor will perform works under this contract and shall comply with all such policies, procedures and measures.

All contract personnel supplied to Council are required to undertake or have undertaken WorkCover approved General Induction for Construction Work in NSW prior to commencing work with Council. Contract personnel are required to carry their General Induction for Construction Work in NSW card with them at all times whilst engaged by Council and must be able to produce this card to Council representatives on request.

Work Activity Induction Training where required, shall be undertaken by Contract personnel at Council's Works Depot prior to commencing work with Council. The induction is to be carried out by Council staff at a time suitable to Council. Payment will NOT be made by Council for the time the contract personnel attend the induction.

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All contractors and their employees must adhere to the provisions of Council's safety practices and policies. These provisions may be in addition to, but not in substitution of, any other safety requirement of any legislation or condition of contract. Failure to observe any safety requirement will be in breach of this agreement.

3.05.2 Quarries

Contractors operating within Council's quarries must adhere to the provisions of the Work Health and Safety Act and associated regulations, the Mine Health and Safety Act, the Mine Health and Safety Regulation and the regulations and rules thereunder.

3.05.3 Personal Protective Equipment

The contractors shall supply for their staff fit for purpose personal protective equipment complying with relevant legislation and be applied through risk assessment, legislation and in line with Dungog Shire Councils protocol/procedures and WHS policies. In particular the following shall be worn as a minimum by all contractors:‐

‐ All contractors and their employees engaged by Council must wear a high visibility safety vest or shirt which complies with the Australian Standard AS 1742.3 ‐ Clause 3.17.2.

‐ Footwear complying with Australian Standard AS 2210 shall be worn. ‐ For sun protection shirts shall be long sleeve and the use of broad brimmed hats and eye protection shall be encouraged. ‐ Safety helmets that comply with appropriate standards must be worn:‐

i) Wherever there is a danger of material falling from above; ii) When working within the operating range of cranes, backhoes or excavators; iii) Wherever signposted as a mandatory requirements; or iv) As directed by Council’s Works Manager or his representative.

3.05.4 Plant and Equipment

Contractor’s vehicles and plant must be mechanically sound and adequately maintained. Unsafe equipment shall be either made safe or removed off the site.

All plant hired with an operator is to carry a fully stocked medium risk First Aid kit (vehicle or portable). All hired plant is to be fitted with appropriate with rotating or flashing amber lights, fire extinguishers and a reversing or movement buzzer/alarm that satisfies the requirements of the NSW Work Health and Safety Act and/or Mine Safety Authority as applicable ‐ this safety equipment shall have been tested at appropriate intervals to ensure compliance.

Council may at any time during the tendered period undertake a safety inspection for any item of plant. If an item of Plant is deemed unsafe by Council’s Works Manager or his representative then it will be immediately off‐hired until appropriate repairs or modifications can be made. Council will only pay the applicable hire rate until the time the plant item has been off‐hired. Council will accept no responsibility for any costs in relation to disestablishment or reestablishment of plant as a result of being placed off‐hire due to safety reasons.

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3.05.5 Notification

Contractors shall promptly advise Council in writing of: ‐ All accidents involving personal injury and loss of time. ‐ All dangerous occurrences with accident potential.

This notification is in addition to, but not in substitute of, any requirement of legislation.

3.05.6 Certification

Certification issued under the requirements of legislation must be held by all persons who operate or undertake tasks where such certification is mandatory. Such certificates shall be produced when requested by Council’s Works Manager or his representative.

3.05.7 Legislative Compliance

The Contractor must comply with and ensure that its employees, subcontractors and agents comply with any Acts, regulations, local laws and by‐laws, Codes of Practice, Australian Standards and DSC WHS Policy and Procedures which are in any way applicable to this contract or the performance of the services under this contract.

3.05.8 Non Compliance If during the performance of works under contract, DSC informs the Contractor that it is the opinion of DSC that the contractor is:

a) Not conducting work in compliance with the Contractor’s Health and Safety Plan, and/or Work Method Statement, WHS management procedures, relevant legislation or WHS procedures provided by DSC from time to time;

or

b) Conducting the work in such a way as to endanger the WHS of employees and non‐ employees.

DSC may direct the Contractor to suspend the work until such time as the Contractor satisfies DSC that the work will be resumed in conformity with applicable WHS provisions. During periods of suspension referred to above, DSC shall not be required to make any payment whatsoever to the Contractor. If the Contractor fails to rectify any breach of health and safety requirements for which the work has been suspended, or if the Contractor’s performance has involved recurring breaches of health and safety, DSC may terminate the work forthwith, without further obligation to the Contractor. In this event, DSC’s liability shall be limited to payment for the work performed and costs incurred by the Contractor up to the time of termination.

3.06 Hire Commencement, Notification, Stand Down and Cancellation

Plant will be required irregularly on an hourly or daily basis unless hired on a plant only basis where a daily rate will apply.

The Contractor shall manage the plant so that it will be ready to commence operations at the time when Council's works starts on the site and/or as directed by the Site Supervisor, Works Manager or their representative. He shall then continue to work the plant as requested during the period of hire. Notice will be given at least 12 hours in advance of the time of commencement except in cases of emergency (e.g. road collapse, floods, bushfires, etc.).

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Where Council is required to Stand Down hired plant for whatever reason, the minimum notification will be given as follows:‐ ‐ Plant with Operator ‐ Notification by 7.00am; and ‐ Dry Hired Plant (no operator) ‐ Notification by 8.00am. Council will not be liable for any costs in relation to plant hire or operator costs where the above timeframes for notification are met.

3.07 Government Information (Public Access) Act 2009 (GIPA Act) 3.07.1 Consultation (GIPA Act, s. 54)

1. Council will take reasonably practicable steps to consult with the Contractor before providing any person with access to information relating to the Contract, in response to an access application under the Government Information (Public Access) Act 2009 (GIPA Act), if it appears that:

(a) the information: i. includes personal information about the Contractor or its employees; ii. concerns the Contractor’s business, commercial, professional or financial

interests; or iii. concerns research that has been, is being, or is intended to be, carried out by

or on behalf of the Contractor; or iv. concerns the affairs of a government of the Commonwealth or another State

(and the Contractor is that government);

(b) the Contractor may reasonably be expected to have concerns about the disclosure of the information; and

(c) those concerns may reasonably be expected to be relevant to the question of whether there is a public interest consideration against disclosure of the information.

2. If, following consultation between Council and the Contractor, the Contractor objects to disclosure of some or all of the information, the Contractor must provide details of any such objection (including the information objected to and the reasons for any such objection) within 5 days of the conclusion of the consultation process.

3. In determining whether there is an overriding public interest against disclosure of government information, Council will take into account any objection received by the Contractor.

4. If the Contractor objects to the disclosure of some or all of the information but Council nonetheless decides to release the information, Council must not provide access until it has given the Contractor notice of Council’s decision and notice of the Contractor’s right to have that decision reviewed.

5. Where Council has given notice to the Contractor in accordance with sub‐clause (4), Council must not provide access to the information: (a) before the period for applying for review of the decision under Part 5 of the GIPA

Act has expired; or (b) where any review of the decision duly applied for is pending.

6. The reference in sub‐clause (5)(a) to the period for applying for review of the decision under Part 5 of the GIPA Act does not include the period that may be available by way of extension of time to apply for review.

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4. PAYMENTS 4.01 Payment Rates and Periods – Plant with Operator

When requested by Council at any time during the contract period, the Contractor shall supply and operate plant for which the Council shall pay the Contractor in the following manner :‐

The ‘A’ rate, ‘B’ rate, ‘C’ rate or no rate depending upon the following circumstances :‐

4.01.1 The 'A' rate will be paid from the start of the works onsite and until the cessation of work on the site and/or in accordance with Council's working hours for that site or as directed by the Supervisor. Payment will be made on the time worked to nearest quarter hour.

4.01.2 The 'B' rate will be paid instead of the 'A' rate when the plant is rendered idle on site to wet weather after commencement of work on the day of hire or for reasons outside Council's control. However, if the idle period is utilised for minor adjustments and is less than one hour per day or shift the 'A' rate shall be paid instead. The ‘B’ rate will also be paid when the plant is being floated by Council’s Low Loader (Clause 4.08).

4.01.3 On Weekends, Public Holidays and on call‐outs (where work commences after 4.30pm), the

‘C’ rate will be paid instead of the ‘A’ rate. This rate will apply from the start of the works onsite and until the cessation of work on the site and/or in accordance with Council's working hours for that site or as directed by the Supervisor. Payment will be made on time worked to the nearest quarter hour.

4.01.4 No rate will be paid if the plant is rendered idle due to breakdown or wet weather other than

previously stated and as per Clause 3.04.5 above. Where plant and labour are worked outside normal weekday working hours (except as

described in Clause 4.01.3 above), Council will pay either the ‘A’ or ‘B’ where applicable; no additional penalty rates will be paid.

4.01.5 Bulk Water Charges ‐ Where a Contractor is supplying a watercart and is obtaining bulk water

from the relevant Water Authority, Council will be liable for payment of the bulk water to the Contractor at the applicable Water Authority cost plus a maximum margin of 15% plus GST. Water charges are to be included on water cart Daily Plant sheets and associated invoices to which the water supply was applicable. Council is not responsible for any other charges regarding standpipe hire and/or usage.

4.02 Payment Rates and Periods – Plant Only (No Operator supplied)

When requested by Council at any time during the contract period, the Contractor shall supply plant for which the Council shall pay the Contractor in the following manner :‐

The 'Plant Only' rate will be paid provided the plant is not rendered idle for the greater part of the normal working hours of the Council for that day due to breakdown or for reasons within the Contractor's control, whereupon no rate will be paid.

Council’s standard days for the dry hire of plant and equipment is Monday to Friday. Where plant is worked outside normal working hours or during Saturdays, Sundays or Public Holidays, Council will pay the ‘Plant Only’ rate. No additional penalty rates will be paid.

No rate will be paid if the plant is rendered idle due to breakdown or wet weather as per Clause 3.04.5 above.

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4.03 Rise and Fall

This quotation is for the period 01.07.2020 to 30.06.2021 inclusive. The hire rates will be fixed for the full contract period and no claim for rise and fall due to price adjustments or any other reason will be accepted. All hire rates are to be GST inclusive.

4.04 Deduction of Monies

The Council shall be entitled to deduct from monies due to the Contractor any allowable deductions.

4.05 Payments to Contractor

Payment shall be made by the Council to the Contractor at intervals corresponding with statements submitted and as referred to in the General Conditions. The Contractor shall furnish the following records with each claim for payment:‐ i) Sub‐contractors Statement regarding Workers Compensation, Pay‐roll Tax, and Remuneration

(Proforma form attached); and ii) Records relating to the operation of each plant item for the given period.

4.06 Overtime

The Council shall be able to work either plant or plant and labour outside of normal Council working hours when necessary. Payment will be at either 'A' rate, 'B' rate or plant only rate as applicable (except as described in Clause 3.01.3 above).

4.07 Transportation

Council will pay an establishment charge where applicable for the transportation of a machine (excluding haulage units and watercarts) to the worksite only. No separate establishment charge will apply for the floating of a machine away from the work site.

The establishment charge is to be a lump sum or distance based quote (km ‐ one way) for establishment of the machine to any work site within Dungog Shire.

If a machine is floated from a location, which is further from Council’s work site than the normal storage place for the machine, Council will only pay the charge applicable to float the machine between the machine’s normal storage place and Council’s work site.

Council will not be responsible for the returning or coming of Plant to the work site during the course of the work. However, when the Plant is transferred from one Council work site to another during the period of supply the Council will pay to the Contractor the 'A' rate (or ‘C’ rate if applicable) if such plant is transferred under its own power. The 'B' rate plus establishment charges will be paid where the float is provided by the Contractor during the transfer period within normal working hours (6.30am to 4.30pm). ‘Establishment only’ will be paid outside normal working hours. 'B' rate only will be paid if the transfer is made by Council's float or an outside hire float during normal working hours.

Establishment details including origin, destination and distances are to be included on the Daily Plant sheet submitted to Council's Supervisor, separate invoices will not be accepted.

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When a hired item of plant breaks down and the Contractor is unable to repair or replace it, transporting charges for the replacement/removal of this item of plant will not be paid by Council. This will only apply should replacement plant be required to complete the work for which the time of plant was originally hired.

4.08 Travelling No allowance will be paid for travelling to the start of, nor at the completion of, the work.

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5. INSURANCE

5.01 Public Risk Insurance The Contractor shall during the term of this Agreement effect and maintain Public Risk Insurance with a minimum indemnity limit of $20 million on any one occurrence in the joint names of the Contractor and the Council against legal liability for death and/of bodily injury to persons and/or damage to or loss or destruction of property arising out of the use of any plant supplied to the Council or for work performed by the labour.

A copy of a 'Certificate of Currency' shall be submitted with the Quotation. In the event that the Insurance cover lapses within the Contract period, the Contractor shall forward a copy of the renewal Policy to Council within seven (7) days of renewal.

5.02 Workers Compensation Insurance The Contractor shall affect insurance as required by Workers' Compensation Legislation in respect of any labour supplied to the Council. A copy of a 'Certificate of Currency' shall be submitted with the quotation. In the event that the Insurance cover lapses within the Contract period, the Contractor shall forward a copy of the renewed Policy to Council within seven (7) days of renewal.

5.03 Third Party Insurance All plant that is capable of meeting the definition of a motor vehicle as defined in the Motor Traffic Act, as amended (NSW) is to be registered and compulsorily insured in accordance with the provisions of the Road Transport Act 2013, as amended and the Motor Vehicles (Third Party Insurance) Act 1942, as amended, respectively by the Contractor. Where plant only is supplied to the Council by the Contractor and that plant is capable of meeting the definition of motor vehicles as defined in the Road Transport Act 2013 as amended, then such plant must be insured against the risks of loss or damage to other persons property.

5.04 Council's Indemnity Any damage to the plant during its period of supply to the Council shall be the responsibility of the Contractor whether or not such plant is supplied with labour. The Contractor shall indemnify the Council against all claims made against the Council and fall within the categories of insurance above referred to. Any injury occasioned to a third party or loss or damage to property (including Council's property) caused by labour supplied by the Contractor shall be the responsibility of the Contractor. Except for such damage caused by unforeseen circumstances that occur whilst the plant is being used in accordance with the explicit directions of the Council's Officer‐In‐Charge of work; provided that the Contractor is not otherwise negligent. By entering into this agreement, contractors acknowledge that they are aware and accept that Council’s Fleet insurance does not provide for any Replacement conditions and that these tender specifications form the basis of this contract. Where there is conflict between a contractors agreement and Council’s contract, Council’s contract shall take precedence.

5.05 Theft, Loss or Damage Insurance Plant hired on a plant only basis must be insured against theft, loss or damage during its period of hire to Council. Any claims arising from theft, loss or damage which is not a direct result of Council's negligence, or failure to take adequate care, shall be the responsibility of the Contractor.

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6. OPERATIONS

6.01 Declaration of Wages Where labour is supplied, the Contractor shall furnish to the Council each month a declaration that all wages due and owing to labour supplied by him have been fully paid in respect of which the relevant period of supply relates. A proforma declaration is included for use.

6.02 Compliance with Law The Contractor shall comply with and give all notices required by any Act of Parliament Ordinance Regulation or By‐Law of any authority which has jurisdiction effecting the plant or labour supplied in pursuance of this Agreement and he shall pay and indemnify the Council against any fees or charges legally demandable under any such Act of Parliament Ordinance Regulation or By‐Law in respect of the plant or labour. Without affecting the generality of the foregoing the Contractor acknowledges that all persons engaged by the Contractor to assist him in performing this Contract shall be for all purposes and to the extent permitted by law the employee solely of the Contractor and that in respect of each such employee the Contractor shall comply with and provide all notices, returns or other documents or contributions required by any Act of Parliament Ordinance or Regulation relating to or affecting or conferring upon such employees any benefits or payments relating to remuneration, recreation or other leave, long service, superannuation, sickness, incapacity to work or of a similar nature. The Contractor agrees that he will indemnify and keep indemnified the Council against any liability loss or outgoing incurred by the Council at any time as a result of the Contractor's failure or neglect to comply with such requirements whether or not such liability loss or outgoing arises after completion of the period concerning which the supply is made.

6.03 Vehicle Loads All vehicles shall comply with load limits as prescribed by the Roads Act 1993 and its regulations. Any breaches for overloading will be the sole responsibility of the Contractor.

6.04 Competency of Labour If labour is the subject of supply to the Council under this Agreement, the Contractor shall, upon request, produce Certificates of Competency for that labour before the commencement of the period of supply and before new or additional labour is supplied. In addition any change of labour shall be immediately notified to the Works Manager. Further, the Contractor and/or the labour shall furnish such records relating to the operation of each item of plant that meets that definition of motor vehicles as defined under the Traffic Act, 1909 as amended and required by Council. The Contractor shall also furnish particulars of the plant to be supplied for each work. The provision of any Act or Regulation in force applying to load limitations of plant shall be observed and these shall be displayed on all plant clearly in a prominent position all weights and capacities as are required by law. All necessary licences as prescribed under the State Transport (Co‐ordination) Act 131, as amended shall be produced to the Council for inspection on demand. All contractors must ensure their drivers and/or operators have the relevant licence or WorkCover ticket for the equipment that they are driving or operating and that they are carried with them at all times.

6.05 Property Damage Where labour is supplied by the Contractor, all fences and works of any description met with or on/near the site of the work that are damaged by the plant or labour are to be replaced or

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repaired by the Contractor and left in the same order and condition as they were prior to such damage and to the satisfaction of the Works Manager.

6.06 Minor Repairs All plant shall be supplied in good working order and maintained in that condition at the Contractor's expense for the duration of the term supplied. The Contractor shall carry out all maintenance and breakdown repairs to the plant of whatever description expeditiously and at his own expense. As far as practicable all adjustments and repairs shall be carried out on wet days or outside normal working hours. The Contractor shall provide tools and equipment to carry out necessary repairs.

6.07 Fuels, Oils etc. The Contractor shall supply at his own expense, unless otherwise agreed to by Council, all fuel, oil, grease and spare parts and anything necessary for the continuing and satisfactory operation of the plant.

6.08 Lights The Contractor shall fit suitable and efficient lights to the plant at his own expense when notified by the Council that the plant is required for work during the hours of darkness.

6.09 Equipment Haulage units shall be fitted with speedometer in good working order and be provided with an approved hydraulic or other power operated tipping gear.

6.10 Hungry Boards Haulage units with hungry boards attached, which in the opinion of the Works Manager make loading difficult, will not be hired.

6.11 Haulage Units Markings All haulage units shall have their load capacity in tonnes clearly marked on a position on the body that is clear and legible to the satisfaction of the Work Mangers or their representative.

6.12 Utility Services The Contractor shall cause the greatest care to be exercised during the progress of the work when labour is supplied to avoid damage to any utility service whether gas, water, sewer, electric power, telephone, with the limits of the work and will be liable for any such damage caused by him or his servants or agents directly or indirectly including loss of profits arising from such damage.

6.13 Transportation of Loads Haulage units shall transport materials loaded to that section of the works as directed by the Supervisor and then deposit the material as directed. Haulage units shall proceed from the place of loading to the point of delivery and return only by such route as instructed by the Supervisor, completing each journey with a minimum of delay. Drivers shall assist in the loading and unloading of their haulage units as directed by the Supervisor.

6.14 Cancellation of Work In the event of the work for plant being cancelled when it reaches the depot or job, the Contractor will be paid for the cost of transportation only of the plant, as per Clause 3.08, to the depot or job, at such rates as Council deems equitable.

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6.15 Additional Acquisitions Additional plant acquisitions may be added to an existing contract at the rate of any similar item of plant or a rate notified to the Council in writing prior to its hire.

6.16 Plant Only – Dry Hire All plant submitted under Plant Only Rates (Dry Hire) shall be supplied with appropriate Standard Operating Procedures for the safe operation of the item of plant. All enclosed plant shall be fitted with air‐conditioning, which shall be in full working order when the Plant arrives at the job site. Any enclosed Plant that is delivered to the site for Dry hire purposes that does not have working air‐conditioning shall not be accepted and Council will not be liable for any costs (establishment, time, labour or otherwise) sustained by the supplier in delivering said plant. If the air‐conditioning breaks down during the period of hire, Council would expect that repairs be made within a reasonable period of time or other arrangements made to the satisfaction of the Works Manager.

6.17 Plant Delivery Receipts All plant hired under this agreement, will be hired under the conditions as specified in this tender document. If a delivery receipt is supplied by the Plant Hire Contractor, the signature of a Council representative upon this receipt will not constitute an agreement between Council and the Hire Company, merely receipt of delivery of the item of plant.

6.18 Water Cart Inspections for Town Hydrant Use All water carts that are required to draw water from town supply hydrants in Dungog Shire will be required to have inspections as prescribed by Hunter Water Corporation. Any applicable inspection fees will be the responsibility of the Contractor. It should be noted that Dungog Shire Council is not the water authority for Dungog Shire. All applicable fees for water used on Council works will be the responsibility of Council.

6.19 Outriggers All plant and equipment with outriggers (backhoes, cranes, rubber tyred excavators, etc.) are to utilise rigger pads or similar to protect road and ground surfaces from damage.

6.20 Communications All plant, which includes operator hire, shall be fitted with a working UHF radio.

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7. TERMINATIONS

7.01 Dismissals The Works Manager may require the dismissal within twenty four (24) hours by the Contractor or any Agent, Overseer, Foreman, Workman or other person employed by the Contractor by way of labour for the performance of this agreement and in the event of the Contractor's refusing or neglecting to comply with such requisition no further payment will be made on account of the work until such dismissal is carried out and this condition shall operate notwithstanding the provisions of any other term of this Agreement.

7.02 Termination of Agreement The General Manager shall be entitled to terminate this Agreement at any time by notice in writing to the Contractor, three (3) days notice being sufficient. In the case of any such termination the Contractor shall not be entitled to compensation and all monies due and owing to the Contractor at the date of termination to the terms of this Agreement shall be paid to the Contractor.

7.03 Disposals and Replacements Where the Contractor disposes of plant which is the subject of a hire contract with the Council, Council shall be entitled to terminate this Agreement in pursuance of Clause 6.02 hereof, provided that where such plant is to be replaced by similar plant and the Contractor so notifies Council in writing that the replacement plant will be subject to the same rates as the disposed plant, the Council shall not be so entitled to terminate the Contract.

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CONTRACT AGREEMENT TENDER FOR HIRE OF PLANT 2020/2021

TRADING NAME .................................................................................................................. hereby quote(s) to

supply to the Council of the Shire of Dungog at any time between 1st July 2020 and 30th June 2021 the

plant with or without labour described in the First Schedule hereto, at the rates shown in the First Schedule

hereto, which plant and labour are insured in accordance with the details in the Second Schedule hereto,

subject to and in accordance with the General and Special Conditions of the Contract both of which, should

any contract be executed between the Council and myself (itself) in respect of the subject matter of this

quotation, shall be deemed to be incorporated in such an Agreement as if more fully set forth therein.

TRADING NAME ......................................................................................................................................

additionally agrees to be bound by the conditions of Tenders described.

SIGNED by the said ……………………………… …………………………………….. ......../......../........ Representatives Name Signature Date Address ..................................................................... .................................................................................... Telephone ........................................ .......................... Mobile ...................................................................... Email ........................................................................... ............................................. ...................................... In the presence of :‐ ……………………………… …………………………………….. ......../......../........ Witness Name Signature Date Address ..................................................................... ....................................................................................

NOTE : Applicants where applicable, should ensure that they are fully conversant with the regulations and their obligations under the Prescribed Payments System of Taxation.

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DECLARATION I hereby certify that plant hire to DUNGOG SHIRE COUNCIL shown on the First Schedule will be covered by the nominated Insurance Policies, registered in accordance with the Motor Traffic Act and will comply fully with all noise and registration requirements. I declare that no member of my family, partnership, business associate or employee(s) except persons detailed below (see notes) associated with or has interests in matters relating to Council's which would affect my performance or execution of the service for which my plant may be hired at the time of lodging this Quotation.

FAMILY OR BUSINESS ASSOCIATION

Name Relationship to Council Relationship to Contractor

.................................................................. ......../......../........ Contractor's Signature Date NOTES : Persons are relatives if they are :‐ Parents, grandparents, brothers, sisters, uncles, aunties, nephews, nieces, natural or adopted children or grandchildren of the person or persons spouse or de facto partner; or spouses or de facto partners of the person or of the relatives listed above. Persons are closely associated with members or staff if they have a direct interest in a matter, before the Council and they are:‐ Close friends, a body (or bodies) corporate of which the members of staff are Directors or members of the governing body or bodies; proprietary companies in which the members of staff hold shares whose total nominal value exceeds $1,000 or 1% of the total nominal value of the issued share capital, whichever is the greater; beneficiaries (or objects) of a discretionary trust of which the members of staff are trustees; partners in a business or enterprise with members of staff; or providing (or can be reasonably expected to provide) a fee/commission/reward to members of staff for professional or other services.

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FIRST SCHEDULE (all details pertaining to Plant item and staff must be completed) I / We offer the following Plant and Equipment for hire to Dungog Shire Council at the rates set out below for the period 01.07.2020 to 30.06.2021 (inclusive) subject to the General Terms and Conditions in the attached sheets.

Tender Tender 04/2020 – Hire of Plant and Equipment

Tenderers Details

Tenderers Representative (Name)

Signature Date

Plant Details Plant 1 Plant 2 Plant 3

Type of Plant (eg Backhoe)

Make

Model

Year of Manufacture

Engine Capacity

Load Capacity (kg)

Operating Weight (Kg)

Registration No

ROPs (Yes/No)

Attachments

Plant Based at:

RATES (GST Inclusive) $ $ $

Hourly ‘A’ Rate Wet Hire

Hourly ‘B’ Rate Wet Hire

Hourly ‘C’ Rate Wet Hire

Hourly Rate Dry Hire

Weekly Rate Dry Hire (Hr)

Additional Equipment – (Hr)

Establishment ‐ to job only

Minimum Hire Period

Please Note Unless noted otherwise the hire rate shall be hourly for remainder of the work period after the minimum hire period has elapsed.

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The tenderer shall list details of the Operator/Drivers (At time of submission) Tender Tender 04/2020 – Hire of Plant and Equipment

Tenderers Details


Signature Date

Name (Full Name)

Company Position

Yrs of Exp

Licence No

Class Safe work NSW

Induction Certificate No.

(White Card)

I here certify that all of the staff listed above have been appropriately trained in the operation; hold the relevant qualification/licences; and have been deemed competent by the tenderer to operate/drive the item of plant that which they will be assigned.


Signature Date

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SECOND SCHEDULE TO : DUNGOG SHIRE COUNCIL FROM : .......................................................................................................................... (Applicant) INSURANCE This letter is to confirm that I have in force, the undermentioned Insurance Policies:‐ (Certificates of Currency to be enclosed). PUBLIC LIABILITY

Insurer .................................................. Policy No. ...................................................

Coverage From ......./......../........ To ......../......../........

Limit of Indemnity ............................................... ($20,000,000 minimum requirement)

PRINCIPAL EXTENSIONS Hoists, Cranes, Unregistered Vehicles Cranes Cross Liability Clause Principals Indemnity ‐ Dungog Shire Council Liability for any Sub‐Contractor

WORKERS COMPENSATION


Coverage From ......./......../........ To ......../......../........ EXTENSION : Principals indemnity ‐ Subsection (3) of Section 6 of the NSW Worker's Act 1987 and as amended. Any employees of Sub‐Contractors engaged by me will be insured by the Sub‐Contractor. MOTOR VEHICLE All motor vehicles and plant owned by me and/or for which I am responsible and registered for use under the relevant Motor Traffic Act, are insured under a Comprehensive/Third Party Property Damage.


Coverage From ......../......../........ To ......../......../........ Third Party Property Damage Liability Limit ............................................................... ($20,000,000 minimum requirement) EXTENSION : Indemnity to Principal

ANY EXCESS NOMINATED UNDER THE POLICY IS PAYABLE BY THE INSURED. Yours faithfully, .................................................... (Applicant) ........ / ........ / ........ Date

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STATUTORY DECLARATION

I, (Full name of Declarant) of (Address) do hereby solemnly declare and affirm that :- 1. I am the representative of the Contractor : (Name of Contractor and ACN if applicable) in the Officer Bearer capacity of : (Position Title of Declarant) the said Contractor having a contract for : (Name of Contract)

with Dungog Shire Council and I am in a position to know the facts attested to. (Name of Principal)

2. All workers who have at any time been engaged by the Contractor have been paid all moneys due and payable to them for

the performance of work under the Contract and the supply of materials for use in work under the Contract, with the exception of the subcontractors and suppliers and the respective amounts listed below : (INSERT NAMES AND ADDRESSES OF WORKERS, THE AMOUNTS OWNING, AND WHETHER IN RESPECT OF WAGES, HOLIDAY PAY, ALLOWANCES, ETC.)

3. All subcontractors and suppliers to the Contractor have been paid all moneys due and payable to them for the

performance of work under the Contract and the supply of materials for use in work under the Contract, with the exception of the subcontractors and suppliers and the respective amounts listed below : (INSERT NAMES AND ADDRESSES OF SUBCONTRACTORS AND SUPPLIERS, THE AMOUNTS OWING AND WHETHER IN RESPECT OF MATERIALS SUPPLIED, WORK PERFORMED, ETC.)

4. The Contractor has been informed by each subcontractor by Statutory Declaration in equivalent terms to this declaration

that all workers, subcontractors, and suppliers engaged by them or their subcontractors have been paid all moneys due and payable to them in respect of their work under the Contract, with the exception of the workers, subcontractors and suppliers and the respective amounts listed below. I am not aware of anything to the contrary, and on the basis of the contents of the statutory declarations provided I believe that information to be true : (INSERT NAMES AND ADDRESSES, THE AMOUNTS OWING AND WHETHER IN RESPECT OF WAGES, MATERIALS, ETC. )

I make this solemn declaration, as to the matter aforesaid, according to the law in this behalf made, and subject to the punishment by law provided for any wilfully false statement in any such declaration. (Signature of Declarant) Declared at this (day month year) before me (Justice of Peace (JP) or authorised person)

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SUBCONTRACTOR’S STATEMENT OPT 011 07-07 REGARDING WORKERS COMPENSATION, PAY-ROLL TAX AND RUMUNERATION (Note 1)

□ Workers Compensation s175B Workers Compensation Act 1987

□ Pay-roll Tax Schedule 2 Part 5 Payroll Tax Act 2007

□ Remuneration ss127, 127A Industrial Relations Act 1996

Sub Contractor: _______________________________________________ ABN: ______________________________ (Business Name)

of _________________________________________________________________________________________________ (Address of subcontractor)

has entered into a contract with __________________________________________________________________ (Note 2) (Business name of principal contractor)

ABN: ________________________ For work between: ____ / ____ / ______ and ____ / ____ / ______ (Note 3) (Date) (Date)

and/or Payment Claim Details: ___________________________________________________________________ (Note 4)

Nature of contract work: ________________________________________________________________________ (Note 5) DECLARATION

I, _______________________________________ a Director of / a person authorised by the subcontractor

on whose behalf this declaration is made, hereby state that the abovementioned subcontractor is either: A sole trader or partnership without workers or subcontractors (Note 6).

OR

Has and will maintain in force valid workers compensation insurance, policy ___________________ (Policy Number)

held with _______________________________________ as indicated on the attached Certificate of (Insurance Company)

Currency dated ____ / ____ / _____ , in respect of work done in connection with the contract, during any period of the contract and has paid all workers compensation insurance premiums payable in connection with the contract (Note 7).

Is Is not also a principal contractor in connection with the work under contract (Note 8).

Has Has not been given a written statement by subcontractors in connection with the work.

Is Is not required to be registered as an employer under the Pay-roll Tax Act 1971 _____________. (Pay-roll tax client No.)

Has paid all pay-roll tax due in respect of employees who performed the work for the principal contractor, as required at the date of this statement (Note 9).

Has paid all remuneration payable to relevant employees, for work done under the contract during the period outlined above (Note 10). Signature _________________________________ Full Name ___________________________________ (please print)

Position/Title ________________________________________________ Dated ____ / ____ / _____

WARNING Any subcontractor, who knowingly provides a principal contractor with a written statement that is false, is guilty of an offence

(Maximum penalty 100 units or $11,000). Any written statement will not relieve the principal contractor of liability if, at the time the written statement was provided, the

principal contractor believed the written statement to be false. The principal contractor must retain a copy of any written statement for a period of not less than five years (Pay-roll tax), six

years (Remuneration) or seven years (Workers compensation). This statement must be accompanied by the relevant certificate of Currency to comply with section 175B of the Workers

Compensation Act 1987.

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NOTES TO SUBCONTRACTORS STATEMENT

1. This form is prepared for the purpose of section 175B of the Workers Compensation Act 1987, Schedule 2 Part 5 of the Payroll Tax Act 2007 and section 127 of the Industrial Relations Act 1996. If this form is completed in accordance with these provisions, a principal contractor is relieved of liability for workers compensation premiums, pay-roll tax and remuneration payable by the subcontractor.

2. For the purpose of this statement, a principal contractor is a person (or other legal entity), who has entered into

a contract with another person (or other legal entity), referred to as the subcontractor, and employees/workers of that subcontractor will perform the work under the contract. The work must be connected to the business undertaking of the principal.

3. In order to meet the requirements of s127 Industrial Relations Act 1996, a statement in relation to

remuneration must state the period to which the statement relates.

Section 127(6) of the Industrial Relations Act 1996 defines remuneration as ‘remuneration or other amounts payable to relevant employees by legislation, or under an industrial instrument, in connection with work done by the employees’. Section 127(11) of the Industrial Relations Act 1996 states ‘to avoid doubt, this section extends to a principal contractor who is the owner or occupier of a building for the carrying out of work in connection with the building so long as the building is owned or occupied by the principal contractor in connection with a business undertaking of the principal contractor’.

4. Payment claim details - Where a subcontractor has entered into a payment schedule with a principal contractor

they must identify the period or payment to which the statement applies. 5. An accurate description of the work covered by the contract must be included.

6. In completing the statement, a subcontractor declares that they are a sole trader or partnership without workers

or subcontractors and is not required to hold workers compensation insurance.

7. In completing the statement, a subcontractor declares that workers compensation premiums payable up to and including the date(s) on the statement have been paid, and all premiums owing during the term of the contract will be paid.

8. It is important to not that a business could be both a subcontractor and a principal contractor, if a business ‘in

turn’ engages subcontractors to carry out work. If your business falls within this category you should also obtain statements from your subcontractors.

9. In completing the statement, a subcontractor declares that all payroll tax payable relating to work undertaken

as part of the contract has been paid.

10. In completing the statement, a subcontractor declares that all remuneration payable has been paid.

It is noted that definitions of employer, employee, remuneration and specific provisions for employers of outworkers in the clothing trades are as defined in s127A of the Industrial Relations Act 1996.

11. Failure to complete this statement may result in the principal contractor withholding any payment due to the

subcontractor. Any penalty for late payment under the contract does not apply to any payment withheld under this subsection. Subcontractors may wish to keep a copy of the statement for their own records.

For more information, please visit the WorkCover website www.workcover.nsw.gov.au, Office of State Revenue website www.osr.nsw.gov.au, or Office of Industrial Relations, Department of Commerce website www.commerce.nsw.gov.au. Copies of the Workers Compensation Act 1987, the Payroll Tax Act 2007 and the Industrial Relations Act 1996 can be found at www.legislation.nsw.gov.au.

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APPENDIX 1

PLANT HIRE DOCKETS ‐ MINIMUM REQUIREMENTS

Hired Truck Daily Record Hired Plant Daily Record Hired Watercart Daily Record Docket Number Docket Number Docket Number Contractor Details Contractor Details Contractor Details Operators Name Operators Name Operators Name Operators Signature Operators Signature Operators Signature Truck Capacity Plant Capacity Truck Capacity Make Make Make Model Model Model Registration/ Unit Number Registration/ Unit Number Registration/ Unit Number Description (i.e. Truck Only, Truck & Dog) Date Date Date Day Day Day Start Time Start Time Start Time Finish Time Finish Time Finish Time Location/Site Location/Site Location/Site Description of Work Description of Work Description of Work Total Hours onsite Number of Loads Number of Loads Meal Breaks taken from________to_______ Total Hours onsite Total Hours onsite Meal Breaks hours Meal Breaks taken from________to_______ Meal Breaks taken from________to_______ Total Worked (Invoiced) Hours Meal Breaks hours Meal Breaks hours Applicable Rate ('A','B' or 'C') Total Worked (Invoiced) Hours Total Worked (Invoiced) Hours Attachments Used Applicable Rate ('A','B' or 'C') Applicable Rate ('A','B' or 'C') Attachment Hours Water Source (Water, Mains) Pre‐start Safety Plant Inspection Checklist Establishment by (i.e. Contractor, DSC, Not Applicable) Meter Reading Start Establishment (i.e. km or Number) Meter Reading Finish Establishment Origin & Destination Total Water Usage (Invoiced) Pre‐start Safety Plant Inspection Checklist Pre‐start Safety Plant Inspection Checklist Councils Representative Name Councils Representative Name Councils Representative Name Councils Representative Signature Councils Representative Signature Councils Representative Signature Notes Notes Notes Total Worked hours to be recorded per site

Total Worked hours to be recorded per site

Total Worked Hours and Water usage to be recorded per site

One docket per day hire One docket per day hire One docket per day hire

APPENDIX 2

POLICY NO: C 1:21 POLICY TITLE: STATEMENT OF BUSINESS ETHICS Policy Background: This policy is developed as part of Councils corporate governance program, users should also refer to Councils policy on Corruption Prevention and Councils Code of Conduct. What is Business Ethics? Business Ethics is the application of ethical values to business behaviour. It applies to all aspects of business conduct and applies to the conduct of individuals and the conduct of the organisation as a whole. Key business Principles Council's business ethics statement outlines Councils expectations on how goods and service providers, and contractors are to deal with Council and vice versa. This aims to ensure: • Value for money • Fair, open and effective competition • Transparency What providers can expect from Dungog Shire Council Council strives to ensure all of its policies, procedures and practices relating to tendering, contracting and the purchasing of goods and services are based on best practice and the highest ethical standards. Council staff are bound by Dungog Shire Council's Code of Conduct. When staff do business with the private sector they are expected to: * Use public resources effectively and efficiently. * Deal fairly, honestly and ethically with all individuals and organisations. * Avoid conflicts of interest (whether real or perceived). Council's procurement activities are guided by the following business principles: * All potential suppliers will be treated impartially and be given equal access to information and opportunities to

submit bids. * Fully document all procurement activities and decisions to provide an effective audit trail and allow for the

effective performance review of contracts. * Council will purchase energy efficient equipment and environmentally friendly products wherever reasonably

possible. * Tenders will not be called unless Council has a firm intention to proceed to contract. * Council (Councillors and staff) will not disclose confidential information. What Council Expects from Providers Council requires all private sector providers to observe the following principles when doing business with Council: * Comply with Council's procurement policies and procedures. * Provide accurate and reliable advice and information when required * Declare actual or perceived conflicts as soon as become aware of the conflict. * Act ethically, fairly and honestly in all dealings with the Council. * Take all reasonable measures preventing the disclosure of confidential Council information. * Refrain from engaging in any form of collusive practice, including offering Council staff any incentive, gifts or

benefits. * Refrain from discussing Council business with the media. * Assist Council to prevent unethical practices in our business relationships.

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Why Providers Need to Comply All Council suppliers of goods and services are required to comply with this statement. Failure to comply with this statement can lead to: * Termination of contracts * Loss of future work * Loss of reputation * Investigation for corruption * Criminal investigation POLICIES: The adopted Statement of Business Ethics be included in the following Council dealings: 1. Tenders - It will be attached to all tender documents 2. Expressions of Interest - attached to all expression of interest documentation 3. General Suppliers - in any mass mail outs carried out to our general suppliers (e.g. requests to provide

updated mailing / banking details) a copy of the statement of business ethics will be included. Date Policy Adopted 18 October 2005 Minute No 32797 Authority Council Resolution

Tender No. 04/2020 Hire of Plant & Equipment

Documents

Transcript of Tender No. 04/2020 Hire of Plant & Equipment