LICENCE / PERMIT DETAILS RE THIS CONTRACT · Web viewHourly rate for a non-qualified person (such as an apprentice or laborer). Per hour (and pro rata in 15 minute blocks) 4 Extra

WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2 Page 1 of 34

WHS Contractor Management Procedure (Incorporates Contractor Selection, Induction and

Monitoring)

Version No:

2

Issued: Jan2011

Next Review:

Dec2011

1. Overview

The Rural City of Murray Bridge has an obligation to ensure that Contractors engaged by the Rural City of Murray Bridge have an understanding and commitment to WHS as well as competent providers of goods and services they are contracted to provide.

2. Core Components

The core components of this procedure aim to ensure:

Identification of site/activity hazardsDocumented information relating to reasonably foreseeable site specific hazards is provided to the potential Contractor for consideration in their submission

Requirement of information packagesThe Contractor must provide documented evidence and examples of appropriate information as set out below.

Assess the information from the contractorA documented assessment that evaluates the Contractor’s submission to check the Contractor adequately addresses the Council’s minimum WHS expectations for the proposed work.

Provision of appropriate informationCommunication between Council and Contractor has taken place and is documented which demonstrates that an appropriate corporate and site specific inductions have taken place, agreed systems are in place and hazards/risks have been identified and appropriately controlled (Job Safety Analysis or equivalent system have been received and are reviewed by Council before the Contractor commences work).

Monitoring takes placeAn appropriate risk based schedule is developed and implemented by the Council to monitor the Contractor’s WHS compliance and systems are in place for addressing non-compliance

Changes to this document can only be made by the document owner.Electronic version on the Intranet is the controlled version. Printed copies are considered uncontrolled and should be verified as current version.

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WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2 Page 2 of 34 Process for Contractor evaluation

Systems are in place to evaluate the Contractor’s performance from an WHS perspective which feeds back to preferred Contractor status.

3. Definitions

Pre-qualified Contractors List

A document which records those contractors (and the details of the information provided) who have provided specific required information upfront

Contract Manager A person nominated by the organisation and appropriately trained to manage contracts on its behalf

Monitoring Process of reviewing the activities undertaken to ensure they are being conducted safely

Job Safety Analysis A document which records the risks associated with an activity and the controls to be followed to complete the activity safely

Procurement / Tender – (Major Contracts)

The implementation of a formal tender process is detailed in the “Procurement and Financial Delegations Management Guidelines” which outlines the procedure and provides information applicable to the tender process, selecting the Contractor and implementing any contract which exceeds $50,000. (example: footpath, paving and road construction).

Procurement /Tender – Long Term (Minor Contract / Quotations)

This is commonly used for regular maintenance of facilities and servicing of equipment. (example: fire extinguisher maintenance, air conditioning etc).

Procurement / Tender – Short Term (Minor Contract / Direct Purchase)

This is commonly used for occasional / not ongoing provision of service or goods.(example: building repairs and maintenance, plumber for leaking pipes etc).

4. Measures

Contractor safety requirements are included in all Procurement / Tender processes.

Records are kept that demonstrate contractors and sub-contractors have been provided with induction, have the appropriate training (where required) and have received the relevant information relating to the contract work.

Audit outcomes of OHS&W Contractor Management inspections are available via the Project Representative for each individual contract.

A register of required licenses and permits are available through the Pre-Qualified Contractors Register.

5. Procedure


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WHS CONTRACTOR MANAGEMENT PROCEDURE – VERSION 2 Page 3 of 34On receipt of a tender / quote for any services to Council, the applicant must provide Council with essential documentation,(ie evidence of a WHS Management System which consists of any appropriate licences / permits applicable to the job, job safety analysis / risk assessment and control measures for identified hazards).

If no documentation - Council may assist the Contractor in the implementation of an appropriate WHS Management System. (The Contractor must achieve this within a 12 month time frame- failure to achieve an acceptable level (determined by Councils criteria) may result in the Contractor being removed from the Council’s Pre-Qualified Contractors Register). The contractor undergoes an WHS Contractor Induction.

If documentation is provided – Contractor is registered in Council’s Pre-Qualified Contractors Register, and undertakes a compulsory WHS Contractor Induction facilitated by Council.

6. Review

This WHS Contractor Management Procedure shall be reviewed by the Rural City of Murray Bridge WHS Committee at minimum within (12) twelve months of issued date.

7. References

The fundamentals of Local Government Procurement

WHS Contractor Management – Selection, Induction and Monitoring

AS/NZS 4801 - WHS Management Systems

8. Legislation

Work Health and Safety Act 2012

Work Health and Safety Regulations 2012

SIGNED: …………………………………… ……………………………………………….Responsible Officer Chairperson, OHS&W Committee

Date: _____/_____/_____ Date: _____/_____/_____


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YES

CONTRACTOR

Must meet essential criteria requested in

INDEPENDENT CONTRACTORS

‘REGISTRATION BRIEF’Need to demonstrate:

OHS&W Systems Hazard / Risk Management

Licenses / Permits relevant to specific contract (i.e. working

at heights etc)Insurances Work history

(Attachment 1)

CONTRACTOR LIST

Put on Councils Pre-Qualified

Contractors Register(Attachment 1 continued)

Contracts & Property discuss

criteria which needs to be met with Contractor

NO

INDUCTION(CORPORATE)

OHS&W Induction for Contractors

(Attachment 3)

HAZARD MANAGEMENT

Completed Forms RequiredFrom Contractor

Job Safety Analysis (JSA’s) / Risk Assessments for identified hazardsHazard Controls / Safe Work Procedures(Attachment 4)

YESN

O

SITE INDUCTION(By Project Representative.)

Site Specific OHS&W Induction for ContractorsHazard management by contractorsSite handover to contractors (if applicable)(Attachment 5)

CORRECTIVE ACTION

To be undertaken by Contractor(Attachment 6

continued)

YES Note 1

Inspections in accordance with contract specifications; and/or

Monitoring frequency identified with contractor; and/or

Dependent on length of contract; and/or Types and severity of risk associated

with contract

Annual OHS&W Contractors

Systems Audit by Project / Council Representative

(Attachment 7)

MONITORING OF CONTRACTOR

(by Project Representative)

Includes:

Site / Contractor Inspections

(Refer to note 1)Inspection Checklist Review of Safe Work

ProceduresJob Safety Analysis

(JSA’s)Licenses / PermitsPlant & Equipment(Attachment 6)

Site hand back to council

(if applicable)

Guidance Notes – When contractors are “deemed employees’, and how much control council will need to apply to contractors. (OHSW Act Section 4.2)Performing work that is council’s core business / what work council has to do under Acts, agreements, contracts, etc.The “extent of control” council has over the work being performed (what council would normally have control over if council was to perform the work)If not deemed employees, there is no requirement for council to apply requirements of OHSW Act & Regs to contractors, only general duty of care requirements.

PROCUREMENT/ TENDER PROCESS

Project proposalHazards identified by Council staff (Attachment 2)Procurement / Tender documentationAssessment (OHS&W requirements)Contracta) Purchase / Works orderb) Standard Terms and conditions(Attachment 2 cont.)



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Attachment 1 – Independent Contractors Registration Brief

REGISTRATION BRIEF

forINDEPENDENT CONTRACTORS TO RURAL CITY OF MURRAY BRIDGE

Contact Officer:Tara Wilde

Procurement Officer – Contracts and PropertyTelephone: (08) 8539 1401 Fax: (08) 8532 2766

Email: [email protected] Box 421

Murray Bridge SA 5253


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mailto:[email protected]


ABOUT THIS BRIEF

INTRODUCTION

The Rural City of Murray Bridge (Principal) keeps a register of pre-qualified independent contractors who may from time to time be asked to quote to provide certain routine services to the Principal. Where the Principal has need for those services, all things being equal and subject to other usual procurement protocols, it would ask for quotes from several registrants and prefer one of them. Inclusion on the register does not assure a registrant of any work, however. At this time, the Principal applies a limit of 5 registrants per trade, though the Principal might increase that limit at any time.The services are: aluminium fabrication / asbestos removal / automatic doors / brickwork / block work / masonry / underpinning / carpentry / joinery civil works (general civil, bitumen repairs, earthmoving) concrete work (general) / data and communication / demolition / electrical services / fencing / fire protection / floor finishing / landscaping / paving / lifts / mechanical services (air-conditioning, fume cupboards, heating & ventilation) / metalwork / painting / partitions / ceiling work (including suspended ceilings) / pest control / plastering / plumbing / gas fitting / removalists / roofing & roof plumbing / shades & sails / signage / surveyors / structural steel (general, stainless steel work) / tiling / waste management / water proofing / window treatments (window film, glazing).These kinds of services may be required for any asset at the time under the care, control and management of the Principal, including Murray Bridge Council Offices.

PROCESS

Any independent contractor (sole trader, partnership or company) that provides requisite services may apply to be registered.To apply, the contractor (on invitation from the Principal or of its own volition) needs to give the Principal a completed Application (see annexed) and attachments that form requires. This Brief is initially being sent to contractors who provided relevant services to the Principal in the last 12 months and whom the Principal is happy to work with again. At any time, this Brief may also be sent to others, as the Principal chooses.The information submitted is to be succinct and sufficient only for the Principal to assess the Contractor for admission to the register. If all requisite information is not provided, the Principal may decide not to approve the application. A Contractor may withdraw / vary their application by so notifying the Principal. Admission to the register is at the Principal's discretion. The Principal would consider the application and in due course notify the Contractor of the outcome. The Principal failing to respond to an application does not signify admission to the Register. At any time, the Principal may remove a registrant from the register. Also, at any time, a registrant may request their removal from the register.The Principal might request more detailed information at the time of seeking quotes for individual jobs, should the registrant be asked to quote for that job.If information a registrant provided to the Principal changes materially, within 5 working days the registrant should notify the Principal giving reasonable details.Please direct all enquiries to the person named on the cover of this Brief.


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PROCUREMENT TERMS & CONDITIONS

Unless agreed in writing otherwise, each time the Principal engages a registrant to provide a service, the engagement would be on this following basis.

Preliminaries: At any time, the Principal may require evidence the registrant / its subcontractor holds in good standing: (a) any requisite government or industry licence / certification or trade qualification; and (b) insurances of the kind and cover indicated on the application.

Goods & materials: The registrant must supply and install any materials, plant, equipment, temporary works, parts or components the engagement requires. Any goods / materials supplied must be new, fit for purpose, conform to the description stated and any samples provided, free of encumbrances, accompanied by any usual manufacturer's data sheets / operating or maintenance instructions / product guarantees. Title and risk in goods / materials pass to the Principal upon being delivered (installed, if required to be installed) and accepted by the Principal.

Equipment: Equipment the registrant / subcontractor uses must be fit for purpose and used only in conformity with applicable laws and in a safe manner.

Workers: A worker the registrant / subcontractor uses must be of good character, qualified, competent, inducted in safety and environmental protocols, properly supervised, given and made to use appropriate safety clothing and equipment. The registrant must ensure a worker used receives when due all benefits to which that worker is entitled under applicable laws. As a continuing obligation, the registrant indemnifies the Principal against all claims, liability, costs and expenses the Principal incurs in respect of: (a) the employment of a worker used; (b) the injury or death of a worker used (to the extent not caused by the Principal’s negligence); and / or (c) a claim or finding that a worker used is an employee of the Principal.

Subcontractors: The registrant may not subcontract any work without the Principal’s prior written consent.

Manner of work: Work must conform to (in descending priority): (a) applicable laws (including those concerning health and safety, protection of the environment) and mandatory codes of practice then current; (b) General Safety Handbook last issued by Local Government Association Workers Compensation Scheme; (c) any reasonable directions the Principal may give; (d) any specifications / drawings the Principal provided for the engagement; (e) other stated requirements of the engagement; (f) any applicable Australian Standard then current; and (g) the exercise of due care, skill and diligence.

Risk: If by reason of the registrant’s / its subcontractor's default or negligence, the Principal claims under the Principal’s insurance, the registrant must pay any excess / deductible for that claim.


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Warranty: A warranty period of 90 days applies to any goods / materials / work supplied. If the registrant’s own supplier of goods / materials grants a longer warranty period however, that longer period applies for those goods / materials.

Prices: Are of the amount/s and payable at the time stated in the schedule of rates in the registrant’s application (adjusted over time).

Assignment: The registrant may not assign the engagement except with Principal's prior written consent.

Termination: The Principal may suspend / cancel an engagement if: (a) the Principal reasonably believes the registrant to be insolvent; (b) the registrant is in material default under any contract with the Principal; (c) it becomes unlawful for the registrant to perform the engagement; (d) any information provided by the registrant in its application or in an engagement is misleading or deceptive in a material particular; or (e) the registrant, its subcontractor or worker does or allows anything that in the Principal's reasonable opinion is likely to bring the Principal into disrepute.

Disputes: A dispute must be resolved by this process and without litigation: (a) first a meeting between senior executives of the parties each having authority to resolve the dispute; and (b) secondly, if the dispute is not resolved with 60 days after being first notified by one party to the other, by referring the matter to arbitration.

Ombudsman Act: This Act empowers the Ombudsman to investigate any “administrative act” –including an act done in the performance of functions conferred under a contract for services with the Principal. The registrant agrees to comply with all its obligations as may arise under that Act in relation to the engagement.

Other: Subject to all the above, an engagement is governed by a Standards Australia form of contract most relevant to the engagement (e.g., AS 4305 - 1996 “Minor Works Contract”).


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APPLICATION FOR REGISTRATION

The person(s) named below as the Contractor now applies for registration on the register of independent contractors kept by Rural City of Murray Bridge (Principal).

PART 1 - THE CONTRACTOR

Trading name: …………………………………………………..Full legal name(s): .........................................................................................................[Note: If a partnership, state the names of all members]

ABN: ....................................................................Business Address: ........................................................................................................................…….................................................................................................................................................Contact Person: Mr / Mrs / Ms .......................................................................................[Note: The contact person must have authority to respond to any queries the Principal may have about the Application.]

Contact Address (if different from above): ………………………………………………............................................................................................................................................................................................................Telephone Number: ....................................Facsimile Number: ............................…….Email Address: .................................……………………………………………...

PART 2 – SIGNATURE

Dated this................day of............................ 20…..Signature: ..............................................................Print name of person signing: ……………………………...……………….. Title of person signing: ………………………….........................................The person signing warrants they have authority to complete, sign and submit this form on behalf of the Contractor. PART 3 – SCOPE OF SERVICES

The Contractor applies of registration for these kinds of service/s: …………………………………………………………………………………………………………………………………………………………………………………………………………………………

PART 4 - REGISTRATIONS & LICENCES

Item Yes NoContractor registered for GST?Contractor registered as an employer or exempt employer under the Worker's Rehabilitation and Compensation Act 1986?Contractor holds any relevant government or industry licence / accreditation / certification?Contractor requires similar registrations and licences from all relevant subcontractors?Changes to this document can only be made by the document owner.Electronic version on the Intranet is the controlled version. Printed copies are considered uncontrolled and should be verified as current version.

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If yes to any of the above, provide evidence showing all conditions and endorsements

PART 5 – INSURANCE

Item Yes NoContractor insured for public risk for at least $20 million?Contractor insured for product / service warranty liability for at least $1 million?Contractor insured for professional indemnity for at least $1 million?Contractor insured against loss, damage or destruction of its property for full replacement value?Contractor insured for comprehensive property damage for road vehicles in service?Contractor requires subcontractors to hold the same kinds and levels of insurance cover as above?For non-vehicle insurances, provide a certificate of currency from a licensed insurance

broker

PART 6 - COMPLIANCE HISTORY

The following table concerns any matters applying at any time since 1 July 2004 to the Contractor or, if the Contractor is more than one person, any of those persons (or their respective related entity within the meaning of Corporations Act 2001 s. 9):

Item Yes NoCriminal proceedings for an offence involving dishonesty?A proceeding (civil or criminal) to which Australian Competition and Consumer Commission / Commissioner for Consumer Affairs (or equivalent regulator outside South Australia) was party?An environment protection order, a clean-up order, a clean-up authorisation or proceedings (civil or criminal) under the Environment Protection Act 1993 or regulations under that Act (or equivalent statute outside South Australia)?A worker suffered a compensable disability under the Workers Rehabilitation and Compensation Act 1986 (or equivalent statute outside South Australia)?A default notice, improvement notice, prohibition notice or proceedings for an offence under the Occupational Health, Safety and Welfare Act 1986 or regulations made under that Act (or equivalent statute outside South Australia)An industrial dispute that was referred to an official exercising a function under the Fair Work Act 1994 (or equivalent statute outside South Australia) or under the Workplace Relations Act 1996?A proceeding under the Equal Opportunity Act 1984 (or equivalent statute outside South Australia)?Being named under the Equal Opportunity for Woman in the Workplace Changes to this document can only be made by the document owner.Electronic version on the Intranet is the controlled version. Printed copies are considered uncontrolled and should be verified as current version.

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Act 1999?A person had recourse to retention money or other security for the performance by them of work?An arbitration / litigation in connection with work by them (other than to collect debts owed to them or to recover damages from another party)?A sanction under the National Code of Practice for the Construction Industry?A complaint by the Commissioner of Consumer Affairs alleging grounds for disciplinary action under the Building Work Contractor's Act 1995 (or equivalent regulator under an equivalent statute outside South Australia)?

If yes to any of the above, provide details


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PART 7 – METHOD OF WORKING

The following table concerns systems the Contractor now promises to deploy in performance of any work awarded to them by the Principal and made relevant to that work

Item Yes NoA site-specific risk assessment system?An environment protection system?A quality system, including an inspection and testing regime?A health and safety system, including protection of its own employees?A contract management system?

If yes to any of the above, provide evidence

PART 8 – CAPABILITY

Item Yes NoContractor has available adequate resources (including financial, technological, physical and human resources) and experience to perform any work the Principal may award?Contractor engages subcontractors to perform substantially the whole of work awarded to the Contractor?Contractor employs experienced contract managers for each material contract?Contractor employs experienced site managers / supervisors for each material contract?Contractor can provide 3 referees (other than the Principal) for similar work recently done?If yes to any of the above, provide evidence – in case of referees, provide contact details

and approximate value of the work


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PART 9 – SCHEDULE OF RATES

The Contractor offers the following schedule of rates (vary / add as needed)

Item Description of work Unit Rate per unit (before GST)

1 Parts / materials / consumables / equipment hire. - At cost* +...%2 Hourly rate for a suitably qualified person. Per hour (and

pro rata in 15 minute blocks)

3 Hourly rate for a non-qualified person (such as an apprentice or laborer).

Per hour (and pro rata in 15

minute blocks)

4 Extra loading to the above hourly rate/s for work necessarily or by the Principal's direction performed out of business hours (i.e., Monday - Friday after 5 pm and before 8 am; any time on a weekend or public holiday).

Per hour (and pro rata in 15

minute blocks)

Notes to schedule of rates:

(1) Rates stated are before any GST. In addition to rates, the Contractor may recover from the Principal any GST for which the Contractor is liable on account of the supply.

(2) Rates are fixed for 12 months from the date of the Application. On each anniversary of that date, rates increase by the percentage change in the Consumer Price Index (all groups index for Adelaide) since the start of the previous 12 months. Work is charged at the rate applicable when the work was done.

(3) * Cost means cost as purchased by the Contractor from an independent supplier, minus any GST input tax credits allowable to the Contractor. At any time, the Principal may require evidence of cost, including the original supplier’s invoice to the Contractor.

(4) Rates stated include the cost of all the Contractor’s responsibilities under the engagement including all necessary labour, incidental materials, preliminaries, overheads, insurances, escalation and margin for full completion of the scope of work as described In case of goods, a rate includes any weighing, packaging, delivery, installation. In case of services, a rate includes any fee, levy, duty, cost, expense or tax (except GST) incurred by the Contractor in providing the service.


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(5) The Principal is not liable to pay for a supply except after receipt of the Contractor’s tax invoice. Within 14 days after receiving an invoice, the Principal should either approve the invoice for the amount claimed, or notify the Contractor of any problem giving reasonable details. The Principal pays an approved invoice (for the amount approved) by the end of the calendar month following the month of the invoice's date. The Principal may pay by cheque or, at the option of either party, by electronic funds transfer in immediately available funds to a bank account nominated by the Contractor. Payment of an invoice is a payment on account only and not an admission of liability or evidence that the amount approved as due to the Contractor is the correct amount. If the Principal in good faith disputes an invoice, the Principal may withhold an amount in dispute pending resolution of the dispute.

(6) The Principal may set off a claim against the Contractor against a claim the Contractor may have against Principal on any account. If an obligation of the Contractor is for damages yet to be assessed or otherwise unascertained, the Principal may set off an amount estimated by Principal in good faith on account of such obligation, without prejudice to parties’ obligation to account for any shortfall or excess.

(7) The Principal is not obliged to pay the Contractor for services provided until the Contractor has provided to the Principal in form acceptable to the Principal: (a) any security the engagement requires; (b) evidence of those insurances, site-specific risk assessment and other preliminary documents the purchase order requires; (c) any copies of records of the work the engagement requires; and (d) if the Principal so requires, evidence that payments to subcontractors / workers engaged in the work have been made when due.


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Pre-Qualified Contractors Register

FROM:

/ / TO: / /

DEPT. CONTRACT TYPE

CONTRACTOR DETAILS

Public Liability Insurance

Company name Policy number and insured $

amount

Public Liability policy

expiry date

WorkCover Registration

Number

WorkCover registration expiry date

Licenses Held

Certificates / Qualifications

held

OHSW Systems Policies

Procedures

Corporate induction

date


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Attachment 2 - Hazard Identification relating to this Contract Prior to engaging a contractor, the work must have the hazards identified by Council. Where there are hazardous components relating to the work, the relevant Controls / Precautions should also be

identified as well as any Licence / Permit Details recorded by the Contractor.

The Identification Table below is not all encompassing and any additional hazards identified should also be recorded with this document.

Prior to the commencement of any work / services, the Contractor is required to further confirm the hazard/s identified, Controls / Precautions and Licenses / Permit Details as documented here.

Identification TablesHAZARDS IDENTIFIED RE THIS CONTRACT

HAZARDS IDENTIFIED RE THIS CONTRACT



Traffic / Pedestrians Heat Source Uneven Slippery Surface Compressed air /Pressure / Vacuum

Confined Space Working at Heights Asbestos / Lead Soil Contamination

Working in Isolation Working over Pit / Hole Sun, UV, Rain , Wind Manual Handling / ergonomics

Restricted Access Services underground / overhead hazards

Poor House keeping Moving Machinery

Electrical Falling objects Poor Lighting Trenching / Excavation

Fire / Explosion Noise Gas / Fumes Chemical Exposure

Mobile Plant Welding

Controls and Precautions TablesCONTROLS / PRECAUTIONS RE

THIS CONTRACT CONTROLS / PRECAUTIONS RE

THIS CONTRACT CONTROLS / PRECAUTIONS RE

THIS CONTRACT

Physical Isolations: Plant and Equipment: PPE:

Traffic Management Scaffolding Head wear (sun hat / hard hat / welding helmet)

Electrical Ladder Eye wear (sun and safety - glasses/goggles/face shields)

Gas Forklift / forklift work box Hearing Protection

Water MSDS Respirator / Mask

Hydraulic Elevated Work Platform Wet weather gear

Pneumatic PPE: Gloves (safety / chemical / heavy duty / riggers)

Barricading Clothing (long sleeved shirt / trousers / coveralls

Safety Harness

High Visability Vest Spill Containment Kit


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Safety Boots

RECORD DETAILS OF LICENCES AND PERMITS IN THE TABLE BELOW

LICENCE / PERMIT DETAILS RE THIS CONTRACT LICENCE / PERMIT DETAILS RE THIS CONTRACT

Work Zone Traffic Management: Hot Work:

Confined Space: Working at Heights:

Plant Registration: Certificate of Competency:

Electrician / Electrical fitter, line worker and cable jointer /Trades people with restricted electrical licence / Plumber and gas-fitter / Carpenter and joiner, bricklayer and builder /Refrigeration and air-conditioning mechanic /Auto-gas installer----------------------------------------------------------Details:

Dangerous Substances:


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STANDARD TERMS AND CONDITIONS OF PURCHASE / WORKS

1. The ContractThese general terms and conditions form the Contract (“the Contract”) between the Rural City of Murray Bridge and the Supplier. No other terms and conditions or other documents are relevant unless expressly acknowledged & referenced in or attached to this document. If any special conditions are specified in page 1 of this Contract they form part of the Contract and prevail over the balance of the Contract to the extent of any inconsistency

2. ApplicationThis Contract shall:

2.1 apply to all Products and/or Works supplied by the Supplier to the Rural City of Murray Bridge and the Supplier shall be deemed to have read and agreed to this Contract prior to filling any order for the Products and/or Works; and

2.2 prevail over all inconsistent terms and conditions of the Supplier’s terms and conditions of sale or any other documents provided by the Supplier unless the Rural City of Murray Bridge expressly agrees otherwise in writing.

3. DefinitionsIn this Contract:

3.1 “Rural City of Murray Bridge” means The Rural City of Murray Bridge ABN 90 501 266 817 and its employees, agents and servants;

3.2 “GST” means goods and services tax as imposed by the GST law;

3.3 “GST law” includes A New Tax System (Goods and Services Tax) Act 1999 and all associated legislation;

3.4 “Intellectual Property” means all rights conferred by statute, common law or equity in and in relation to patents, inventions, registered and unregistered designs, registered and unregistered trade marks, trade names, logos and get up, circuit layouts, confidential information, copyright and moral rights and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields;

3.5 “Products” means the products supplied by the Supplier to the Rural City of Murray Bridge as set out in the Product Description on page 1 of this Contract; and

3.6 “Specifications” means any specifications issued by the Rural City of Murray Bridge for the Products or Works as set out on page 1 of this Contract;

3.7 “Works” means any works to be performed by the Supplier under this Contract as specified on page 1 of this Contract together with any additional works necessary for the performance of the contract.

4. SupplyThe Supplier has agreed to supply the Products and/or Works and the Rural City of Murray Bridge has agreed to purchase the Products and/or Works on the terms set out in this Contract.

5. The Parties’ RepresentativesThe parties may each appoint representatives to exercise the duties, discretions and powers vested in them under this Contract and if they do so, notice of the appointments and any limitations or restrictions noted thereon shall be given in writing immediately on the appointment.

6. Delivery of Products6.1 The Supplier shall deliver the Products and Works by the Delivery Date specified on page 1 of this Contract. The Supplier shall

not be entitled to delivery by portion, unless mutually agreed in writing.

6.2 Unless otherwise specified in this Contract delivery will be taken to have occurred when the Products are off-loaded at the premises where the Rural City of Murray Bridge has requested delivery to be made.

6.3 Title to and property in the Products will pass to the Rural City of Murray Bridge on delivery of the Products.

7. Service StandardsThe Supplier shall:

7.1 perform the Works in a professional and competent manner with due care, skill and diligence and within the time specified on page 1 of this Contract or such other time as shall be agreed in writing between the parties;


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7.2 comply fully and promptly at its own expense in all things with all applicable standards, codes of practice, statutes, acts, ordinances, by-laws, proclamations, orders or regulations at present or at any time in the future affecting or relating in any way to the performance of the Works and with all requirements which may be made or notices or orders which may be given in respect of anything affected by such Works;

7.3 unless otherwise agreed in writing, provide at its own cost and expense all supervision, labour, materials plant, tools and equipment, transport and temporary works as may be required for the performance of the Works;

7.4 be responsible for the care of the Works from the date of commencement until completion, including the care, storage and protection of unfixed items and items provided by the Rural City of Murray Bridge (if any);

7.5 provide, erect and maintain all barricades, fences, signs, lighting and temporary works necessary for the protection of the Works, other property and for the safety and convenience of the public.

8. Warranties by the Supplier8.1 The Supplier warrants that the Products and Works will:

8.1.1 be of good merchantable quality and fit for their purpose;8.1.2 (in the case of Products) be new, unless otherwise notified in writing by the Supplier;8.1.3 conform with the description and specifications on page 1 of the Purchase Order (unless varied in accordance with Clause

11);8.1.4 for a period of 2 years or such longer Warranty Period specified on page 1 of this Contract, operate in accordance with the

specifications supplied by the Rural City of Murray Bridge in respect of the Products, and otherwise in accordance with the operation of similar products.

8.2 If any Product or Works is or are found to be defective in accordance with Clause 8.1.1 above or does not or do not otherwise comply with Clauses 8.1.2 and 8.1.3 above and the Rural City of Murray Bridge notifies the Supplier of such defect during the above warranty period, the Supplier shall, at its own cost, promptly replace the Product and deliver the same to the Rural City of Murray Bridge or rectify any defects in the Works within the Warranty Response Time specified on page 1 of this Contract.

8.3 Failing rectification by the Supplier, the Rural City of Murray Bridge may rectify defects itself at the cost of the Supplier.

9. Amounts Payable by the Rural City of Murray Bridge The Rural City of Murray Bridge shall, unless otherwise specified in the Payment Terms on page 1 of this Contract, pay the price specified on page 1 of this Contract by cheque or electronic funds transfer within 30 days of the end of the month in which the invoice is issued provided that the invoice is issued after full delivery of the Products or completion of the Works.

10. GST10.1 All amounts payable under this Contract are expressed to be inclusive of GST, where applicable.

10.2 The Supplier shall provide the Rural City of Murray Bridge with an invoice that complies with the requirements of the GST law in relation to the Products and/or Works.

11. VariationsThis Contract may be varied only in writing and signed by each party.

12. Confidential Information12.1 Notwithstanding the delivery of the Products and/or Works or termination of this Contract, the Supplier shall not without the prior

written consent of the Rural City of Murray Bridge:12.1.1 disclose to any third party; or12.1.2 use for any purpose other than solely for the purpose of providing Products and Works to the Rural City of Murray Bridgeany Confidential Information relating directly or indirectly to the Rural City of Murray Bridge or provided to the Supplier by the Rural City of Murray Bridge. Without limiting the forgoing, the Supplier shall not, without the prior written consent of the Rural City of Murray Bridge, use such Confidential Information for the purposes of providing products or works to any third parties any where in the world.

12.2 For the purpose of Clause 13.1, Confidential Information includes:

12.2.1 drawings and specifications provided by the Rural City of Murray Bridge to the Supplier;12.2.2 information that is by its nature confidential;12.2.3 information that is designated by the Rural City of Murray Bridge as confidential;12.2.4 information that has commercial value; and 12.2.5 information that the Supplier knows or ought to know is confidential. It does not include information that is or becomes public knowledge and has been confirmed publicly by the Rural City of Murray Bridge, or that is required by law to be disclosed.

13. Intellectual Property


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13.1 Each party acknowledges that the ownership of and all rights in relation to Intellectual Property of either party or any third party that pre-exist this Contract are and remain the property of that party and that there is no change to any right, title or interest in Intellectual Property by virtue of this Contract.

13.2 Except in relation to or by reason of any drawings or specifications provided by the Rural City of Murray Bridge to the Supplier, the Supplier warrants that the Products and Works will not infringe the Intellectual Property of any third party.

13.3 Subject to the preceding clauses, the ownership of Intellectual Property produced as a result of this Contract vests solely in the Rural City of Murray Bridge immediately on its creation.

13.4 The Supplier is granted a royalty free non-transferrable non-exclusive licence to use any Intellectual Property:

13.4.1 produced as a result of this Contract; or13.4.2 relating to the drawings and specifications or the Confidential Information provided by the Rural City of Murray Bridge to the

Supplier solely for the purpose of providing Products and Works to the Rural City of Murray Bridge and for no other purpose except with the prior written consent of the Rural City of Murray Bridge.

14. The Rural City of Murray Bridge ConsentWhere any consent of the Rural City of Murray Bridge is required under this Contract, such consent may be granted or withheld at the Rural City of Murray Bridge’s absolute discretion or granted subject to any conditions the Rural City of Murray Bridge considers fit.

15. Supplier IndemnitiesThe Supplier shall indemnify and keep indemnified the Rural City of Murray Bridge from and against all actions, proceedings, claims, demands, charges, penalties, expenses and all other liabilities of whatsoever nature arising from or in relation to the performance or non-performance of any of the Supplier’s obligations under this Contract.

16. Insurance16.1 The Supplier must maintain at all times the insurances required by page 1 of this Contract and for not less than the cover

specified.

16.2 The Supplier must maintain the required insurances for not less than 6 years following delivery of the Products and completion of the Works unless otherwise specified on page 1 of this Contract.

16.3 The Supplier must provide Certificates of Currency in respect of the above insurances prior to commencing the works and when reasonably requested to do so by the Rural City of Murray Bridge.

17. Work Cover For the avoidance of doubt and where applicable:

17.1 The Supplier shall comply with the provisions of the Occupational Health, Safety and Welfare Act, 1986 (“OHS&W Act”) and all associated regulations, including those adopted by the Rural City of Murray Bridge, and will ensure that its employees comply with all regulations, improvement notices, prohibition notices and codes of practice issued there under and having application to this contract.

17.2 The Supplier acknowledges that the Rural City of Murray Bridge has duties imposed on it by the OHS&W Act and as such has the right to ensure that the Supplier complies with the OHS&W Act.

17.3 The Supplier shall comply with all reasonable directions and procedures relating to security and occupational health, safety and welfare as required by the Rural City of Murray Bridge when the Works are to be undertaken at premises or facilities of the Rural City of Murray Bridge.

17.4 The Supplier agrees to immediately notify the Supplier of any incident or accident arising from the undertaking of the contract including those involving the public.

18. DisputesAll disputes or differences between the Rural City of Murray Bridge and the Supplier shall be referred to an arbitrator who shall be mutually agreed upon by the parties and in the absence of agreement, shall be appointed by the President of the Local Government Association of South Australia.

19. TerminationWithout prejudice to any other rights, remedies or liabilities for prior breach or non-performance, the Contract may be terminated:

19.1 by mutual agreement at any time and on any conditions required by the Rural City of Murray Bridge;

19.2 on frustration of the Contract;

19.3 on either party becoming bankrupt or insolvent (as defined by the Corporations Act);

19.4 at any time by the Rural City of Murray Bridge upon giving 30 days’ notice to the Supplier in which case, in the absence of any breach by the Supplier, the Rural City of Murray Bridge will remunerate the Supplier for the Works performed to the date of that termination.

20. Transfer or Assignment


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The Supplier may not transfer or assign all or any part of this Contract without the prior written approval of the Rural City of Murray Bridge.

21. Force MajeureWhere a party is unable, wholly or in part, by reason of an act of God or any other cause which is not reasonably within the control of the party affected (‘force majeure’), to carry out any obligation under this Contract, that obligation is suspended so far as it is affected by force majeure during the continuance thereof provided that an obligation to pay money is never excused by force majeure.

22. General22.1 In addition to any other method of service permitted by law notices shall be deemed to be properly served if sent to the recipient

by prepaid mail, personal delivery or facsimile.

22.2 No waiver of, or any consent to any departure by either party from, a provision of this Contract is of any force or effect unless it is confirmed in writing, signed by the parties and then that waiver or consent is effective only to the extent to which it is made or given.

22.3 The failure, delay, relaxation, or indulgence on the part of either party in exercising any right under this Contract does not operate as a waiver of that right, nor does any single exercise of any right preclude any other or further exercise of it or any other right under this Contract.

22.4 If any provision of this Contract is invalid and not enforceable in accordance with its terms, all other provisions which are self-sustaining and capable of enforcement without regard to the invalid provisions shall be and continue to be valid and enforceable in accordance with their terms.

22.5 Nothing in this contract constitutes the Supplier as the partner, joint venturer, servant, agent or employee of the Rural City of Murray Bridge for any purpose whatsoever.

22.6 This Contract is governed by the laws of the State of South Australia.

22.7 No rule of construction shall apply to the interpretation of this Contract which will result in this Contract being interpreted in favour of any one party over another.

22.8 This Contract shall bind and enure for the benefit of the parties and their respective successors, permitted assigns, administrators and personal representatives.


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Attachment 3 - Contractor Corporate Induction

Not Attached – will be discussed with contractor once application has been processed and approved.

- Contractor Induction Manual documentation located in TRIM # 11/2738


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Attachment 4 – Hazard Management - Job Safety analysis

Name of Assessors: Date of Adoption:

Name and Number of Risk Assessment: Number: Last Review Date:

Method undertaken for risk assess. eg. visual inspection:

Location:(department, depot, etc)

Special notes: Reference Documents:(Aust Standards, Regs, other SOPs, etc)

Licences / Training Required:

Risk Calculator Likelihood of Injury Happening

Definitions ConsequenceL1.

Very LikelyL2.

LikelyL3.

Unlikely L4.Highly Unlikely

Permanent Incapacity C1. Major Injury High High High MediumMajor Medical Treatment C2. Severe Injury High High Medium LowMinor Medical Treatment C3. Minor Injury High Medium Low LowShort Term Discomfort C4. Negligible Injury Medium Low Low Low

No. Basic Job / Steps Hazards & Potential Accidents Likelihood

Severity RiskRating

Current Controls, additional Suggested & Implemented Controls

1.

2.

3.

4.

5.Changes to this document can only be made by the document owner.Electronic version on the Intranet is the controlled version. Printed copies are considered uncontrolled and should be verified as current version.

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Hierarchy of Hazard Control

1. Eliminate2. Substitute3. Engineering Controls4. Administrative Controls5. Personal Protective Equipment (PPE)



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Corrective Action / Continuous Improvement Plan:

No Corrective Action Resp. Person EstimatedCompletion

Date

DateCompleted

Entered onHaz. Register

Yes/No

Outcome

Assessor Comments:

Signature: Date: / /

Supervisor/Manager Comments:


Review Comments: (following tabling at consultative/OHSW meetings or when risk assessment review is undertaken )



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Attachment 5 - Site Induction

Contractor:Date of Induction:

Contractor contact person: Contact No.:

Council Superintendent: Contact No.:

Location of Induction:

Location of Contract Work:

ITEM DETAILS / COMMENTS How to access Council Contact person:

Daily start and finish times:

Access to building/s:

Access to work area/s:

Impact on public: (How will this be minimised?)

Emergency plan:

First aid:

Reporting of incidents / accidents:

Environmental requirements:

Clean up of work site area:(During and at completion)

Use of chemicals:(Material Safety Data Sheets)

Noise:(Noise level readings)

Waste disposal:

Work Zone Traffic Management Plans

Contractor signature: ………………………………………….. Date: ……..………………

Person conducting Site Induction:……………………………………….. Date: ..……………………


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Site Induction


Attachment 6 – Monitoring

Monitoring Hazards identified for this contract

The checklist below should be completed by transferring the identified hazards for this contract to the first column. Monitoring of compliance with agreed terms of addressing these safety matters shall be recorded by marking items not complying in the columns 1st Check, 2nd Check, 3rd Check and 4th Check. Corrective action to be taken should be recorded and the Date Completed being registered once the actions have been completed.


Identified for this

contract

XAction Requ’d

1st

Check

XAction Requ’d

2nd

Check

XAction Requ’d

3rd

Check

XAction Requ’d

4th

Check

CORRECTIVE ACTION TO BE TAKEN DATE COMPLETED

SIGNED

Traffic

Confined Space

Working in Isolation

Restricted Access

Electrical

Fire / Explosion

Mobile Plant

Pressure / Vacuum

Heat Source

Working At Heights

Working Over Pit / HoleChanges to this document can only be made by the document owner.Electronic version on the Intranet is the controlled version. Printed copies are considered uncontrolled and should be verified as current version.

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Overhead hazard

Falling Objects

Noise

Manual Handling

Moving Machinery

Uneven Slippery Surface

Asbestos

Sun, UV, Rain, Wind

Poor Housekeeping

Poor Lighting

Hazardous Gas

Chemical Exposure

Welding

OTHER:


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Monitoring use of Controls / Precautions re this contract The checklist below should be completed by transferring the identified hazards for this contract to the first column. Monitoring of compliance with agreed terms of addressing these safety matters shall be recorded by marking items not complying in the columns 1st Check, 2nd Check, 3rd Check and 4th Check. Corrective action to be taken should be recorded and the Date Completed being registered once the actions have been completed.

CONTROLS / PRECAUTIONS RE THIS CONTRACT

Identified for this

contract

XAction Requ’d

1st

Check

XAction Requ’d

2nd

Check

XAction Requ’d

3rd

Check

XAction Requ’d

4th

Check

CORRECTIVE ACTION TO BE TAKEN DATE COMPLETED

SIGNED

Physical Isolations:

Traffic Management

Electrical

Gas

Water

Hydraulic

Pneumatic

Barricading

Plant & Equipment:

Scaffold

Ladder

Forklift / work box

MSDSElevated Work

Platform

PPE:

Head wear (sun hat/hard


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hat/welding helmet)Eye wear (sun or safety glasses/goggles/shields)

Hearing Protection

Respirator / MaskWet weather gear

Gloves (safety/chemical/heavy duty/ riggers)

Safety Harness

Spill Containment Kit

Safety bootsClothing (long sleeved

shirt / trousers / coveralls)

High Visibility Vest

OTHER:

Monitoring of safety practices re this contractSafety Practices Inspection checklist1.1 Is there evidence of risk assessment/s for the various project activities and tasks?

1.2 Are there JSAs, SOPs, Work Instructions or other documented safe methods of work available?

1.3 Have site inductions been completed and are records available?

1.4 Have hazards to safety been identified and are they being controlled?

1.5 Are incident / accident report forms available on site?

1.6 Is housekeeping acceptable? (storage, safe access, slips & trips, trailing electrical cables)

1.7 Is there a First Aid kit on site appropriate to needs and someone trained where required?


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1.8 Has the contractor been issued with any Improvement / Prohibition Notices by SafeWork SA(If so, forward a copy to Risk Officer)

Safety Practices Corrective Actions:

Corrective Actions Sign Off

Monitoring Hazards identified re this contract.The corrective action indicated above has been completed.

Council Contract Superintendent: Date: / /

Contractor Representative: Date: / /

Monitoring use of Controls/Precautions re this contract.The corrective action indicated above has been satisfactorily completed.



Monitoring of safety practices re this contract.The corrective action indicated above has been satisfactorily completed.




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Attachment 7 – Contractor OHS&W Systems Audit

Not Attached – Contractor Systems will be audited once Contractor has been engaged in the provision of works or services.

Contractor OHS&W Systems Audit Checklist documentation located in TRIM #11/2730


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