CONTRACT NO MURRAY IRRIGATION 2013 GRADER HIRE MURRAY IRRIGATION LIMITED. Client. Contractor

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1 CONTRACT NO MURRAY IRRIGATION 2013 GRADER HIRE MURRAY IRRIGATION LIMITED ABN: ACN:. Client Contractor Contract Period: 1st January 2013 to 31st December

2 1.0 Task The primary task is to supply contract grader(s) with operators on an hourly hire rate basis to assist with maintenance/construction works within Murray Irrigation s Area of Operations in accordance with Murray Irrigation instructions. Typical tasks include but are not limited to: Grading of access tracks Construction of silt traps Bank building (repairs) for earthen Murray Irrigation channel infrastructure In addition, Contractors are being asked to consider (optional) submitting an hourly hire rate for the provision of a grader operator to operate Murray Irrigation owned graders. 2.0 Background Murray Irrigation is planning a significant works program over the next twelve months to assist with the delivery of water to its customers. This includes the maintenance of over 2,900km of earthen supply channels and over 1,400 km of earthen drainage channels. The implementation of the Works Program requires both internal and external contract plant and labour. The Works Program is subject to change at any time in accordance with Murray Irrigation business requirements and/or budget constraints. This includes putting contract plant on and off as required. The execution of this contract regarding hire rates for contract plant does not constitute a guarantee for work. The execution of this contract only means that Murray Irrigation accepts the prices tendered for the work if the item of plant is required. This contract applies to the period 1 January 2013 to 31 December 2013 inclusive. Murray Irrigation Limited reserves the right to extend the contract for a further 12 months if it so chooses

3 Terms, Conditions and Contractor Responsibilities 3.1 The Contractor is required to provide the supply of all labour, consumables (including fuel), plant, supplementary plant and equipment hire associated with the supply of contract grader(s) with operators on an hourly hire rate basis to complete maintenance/construction works within Murray Irrigation Limited s Area of Operations in accordance with Murray Irrigation Limited s instructions. 3.2 The Contractor will be responsible for all expenses associated with the items listed in paragraph 3.1 including insurances incurred in the execution of the works. 3.3 Transportation both to the first worksite and from the last worksite will be at the Contractor s expense. 3.4 Transportation costs of graders between worksites will be paid for by Murray Irrigation on a plant hourly rate basis. 3.5 Murray Irrigation Limited will consider the first worksite to be one of Murray Irrigation s works depots located at Finley, Deniliquin and Wakool. 3.6 Murray Irrigation Limited will nominate which works depot will be the first worksite as part of the notification process for successful Contractors. 3.7 The hourly hire rate for the grader hire will only apply to works on site and travel between work sites. This means that travel to and from the worksite at the start and end of each working day (e.g. travel to and from home) and secondary activities such as plant repairs are not included in the hourly hire rate payable by Murray Irrigation. 3.8 The hourly hire rates which will be the basis for payment will be determined from start and finish hour meter readings on the grader. Hour meter readings for contract plant will be regularly recorded by Murray Irrigation staff (e.g. the Works Supervisor)

4 3.9 The following provisions apply where grader operations are not able to occur due to wet weather or fire restrictions. o On days where the Contractor has already commenced work, the Contractor will be entitled to claim payment for a minimum of 4hrs work. o On days where the contractor is notified by telephone before 7:00am that works cannot commence due to wet weather or fire restrictions, the Contractor will be entitled to claim payment for 2hrs work for each day up to a maximum of two consecutive Murray Irrigation working days. Murray Irrigation working days exclude weekends, public holidays and Murray Irrigation rostered days off. o Examples A Contractor commences work at 7:00am on Monday 11 October on site and is required to stop work at 9:30am (2.5hrs) due to wet weather. The contractor can claim 4hrs work for Monday 11 October. A Contractor is advised prior to 7:00am on Wednesday 18 October that work will not be possible on this day due to wet weather. The contractor can claim 2hrs work for Wednesday 18 October. The Contractor is advised prior to 7:00am on Thursday 19 October that work will not be possible on this day due to wet weather. The contractor can claim 2hrs work for Thursday 19 October (i.e. second consecutive Murray Irrigation working day) The Contractor is advised prior to 7:00am on Friday 20 October that work will not be possible on this day due to wet weather. The contractor cannot claim any work for Friday 20 October (i.e. third consecutive Murray Irrigation working day) The Contractor is required to report immediately to Murray Irrigation Limited, any damage to any property or equipment caused by the Contractor or any persons under their employment. This includes, but is not limited to damage to infrastructure owned by service providers such as council roads, bridges, telephone cables, electricity lines, gas lines etc The Contactor will be required to make good any such damage described in paragraph 3.10 at the Contractor s own expense caused in the execution of the works

5 3.12 The Contractor will be required to work within Murray Irrigation Limited s Occupational Health and Safety requirements. This includes but is not limited to: o Complying at all times with all occupational health and safety measures as stated in AS 4801 and all NSW Health and Safety laws and regulations. o Completing a Murray Irrigation Limited Induction o Completing Work Site Inductions o Complying with Murray Irrigation Limited s Safe Work Method Statements If a circumstance arises where the required work is not covered by one of Murray Irrigation s supplied Safe Work Method Statements, the Contractor must complete a written risk assessment for the work and submit this to Murray Irrigation for approval before commencing the works Where required, Murray Irrigation will provide a spotter to assist the Contractor when working near High Voltage Power Lines in accordance with Murray Irrigation s Safe Work Method Statements Where required, Murray Irrigation will notify Landholders that work is scheduled to occur on their property Unless otherwise approved in writing by Murray Irrigation Limited, Contractors will generally be required to operate on site within the hours of 7:00 am to 5:00 pm between the days Monday to Friday (excludes Public Holidays and Murray Irrigation Rostered Days Off) Unless otherwise instructed by Murray Irrigation Limited, Contactors are to operate within Murray Irrigation Limited s Works Policy at all times Murray Irrigation Limited will provide the Contractor with Work Instructions at each work site location Contractors will be required to comply with all Work Instructions issued by Murray Irrigation Limited Successful Contractors must produce all insurance papers (a Certificate of Currency ) before work can commence for the period of commencement until the completion of works. This includes: o Workers Compensation Insurance o $10M Public Liability Insurance o Plant/equipment insurance covering the major items of plant being hired or used for Murray Irrigation works (e.g. comprehensive insurance or equivalent)

6 3.21 For contractor s Public Liability Insurance Policy Murray Irrigation Limited must be noted as an Interested Party Murray Irrigation reserves the right to terminate this contract on written notice to the Contractor at any time for reasons including, but not limited to: o Murray Irrigation Limited business requirements o Poor productivity o Poor workmanship o Poor safety 3.23 Contractors will be required to complete Plant Maintenance Works Order Sheets (Note: These are the same sheets completed by Murray Irrigation staff) Contractors are not to work within 2m of any Murray Irrigation Limited structure unless otherwise instructed Murray Irrigation Limited will accept no responsibility for damage or loss to the Contractor s equipment, plant or tools The Contractor will be solely responsible for the conduct and safety of its employees and sub-contractors, and ensuring compliance with these terms and conditions All workplace injuries to Contractor employees which result in medical assistance being required that occur while engaged in Murray Irrigation works must be reported to the Works Supervisor within 24hrs of the incident occurring. 3.0 Payment The Contractor will be required to lodge a monthly claim for work undertaken. Murray Irrigation Limited will verify this claim and if satisfactory, payment will be made

7 4.0 Schedule of Rates Item of Plant Description Hourly Hire Rate Grader 1 Grader 2 Grader 3 Grader 4 OTHER SERVICES Hourly Hire Rate (optional) Hourly hire rate for contract labour to operate Murray Irrigation owned graders. 5.1 All hire rates are exclusive of GST. 5.2 All hire rates apply for the period 1 January 2013 to 31 December