Rhodes Station Precinct - Executed VPA By Billbegeria - December 2014

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I Rhodes West Station Precinct

-

Marquet 8t Walker Streets Planning

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Agreement

City of Canada Bay Council Walker Street

Development Pty Limited

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8t Ors

I Rhodes West Station Precinct

-

Marquet &. Walker

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Streets

Planning Agreement

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Table of Contents

Summary Sheet........................................................................................................................ 5

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Parties .......................................................................................................................................8

Background ..............................................................................................................................8 Operative provisions Part 1

-

...............................................................................................................

9

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Preliminary.................................................................................................................9 Interpretation.............................................................................................................. 9

2

Status of this Deed....................................................

...............................................

3

Commencement......................................................................................................13

4

Application

5

Warranties................................................................................................................13

6

Ownership of the Land

7

of this

......~................................................

..........

Application

Part 2

-

............................

..............

...................................................................................

Surrender of right of appeal, etc.

9

..................................

...........................................

of s94, s94A and s94EF of the Act to the

13

14

..............................................................................

14

Provision of Development Contributions.................................................................. 14

11

Indexation of Development Contributions

........

15

..........................................

15

........................................................

Development Contributions....

13

Roadworks............................................................................................................... 16

14

Payment of Monetary Development Contributions.................................................. 16

15

Public Art..................................................................................................................

Part 3 16

Part 4

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16

Dedication of land.................................................................................................... 17 -

Recreation Centre

Design

of Recreation Centre............

.............................................. ..........................

18

Cost of Recreation

19

Construction Contract for Recreation Centre....

20.

Cap

21

Timing of Provision

on

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18 18

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Centre....................................................................................... 19 .......................................................

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Provisions regarding the Dedication of Land.......................................................... 17

..................................................................................................

17

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Development....................... 14

Development Contributions......

Calculation of Monetary

I

14

10

12

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Deed........................................................................................... 13

Further agreements

8

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13

Payments for Recreation

19

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Centre................................................................. 20

of Recreation Centre ................................................................ 20

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I Rhodes West Station Precinct

D

Marquet & Walker Streets Planning

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DL

Agreement

City of Canada Bay Council Walker Street

Development Pty

Limited & Ors

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22

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Development Application

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to Include Recreation Centre

.....20

.....................................

24

Undergrounding of Services

25

Publicly accessible carparking................................................................................. 22

26

Heliostat reflector..................................................................................................... 22

Part 6

-

Development Applications......................................................................21

Dispute

resolution

28

Dispute

Resolution

-

..................21

..................................................................

Dispute Resolution................................................................................................. 23

27

-

-

expert determination ...............................................................23 mediation..................................

Enforcement............................................................

29

Acquisition of land required

30

Caveat to prevent sale of land to be dedicated

31

Breach of obligations

32

Enforcement in -

a

24

.......................................................

25

court of competent jurisdiction.....................................................26 on

Dealings .......................................................;...........27

34

Restriction -

................................................

.............................................26

Registration of this Agreement

Part 9

24

..................................................

Registration & Restriction

on

..............................................

to be dedicated from Landowner................................. 25

33

.......................................27

.........................................

dealings.............................................................................................27

Indemnities & Insurance .........................................................................................28

35

Risk ..............................................................,...........................................................28

36

Release.................................................................................:.................................. 28

37

Indemnity..................................................................................................................28

Part 10

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Developer Obligations................................................................................... 20

Content of

Part 8

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Other

23

Part 7

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Other Provisions................................................................................................... 28

Developer..................................................................................... 28

38

Annual report by

39

Review of Deed........................................................................................................ 29

40

Notices..................................................................................................................... 29

41

Approvals

42

Costs........................................................................................................................30

43

Entire Deed............,................................................................................................. 30

44

Further Acts

45

Governing

46

Joint and Individual

47

No Fetter ..................................................................................................................31

48

Illegality

49

Severability...

50

Amendment.........

51

Waiver..

and Consent............................................................................................ 30

....30

.............

...................................... ......................................................

Law and Jurisdiction...............................................................................30

Liability

and Benefits

....... .........................................................

....................................................................................................................

31

31

....31

....................

............................................

.......................................

.......... ....................................... ....................................................

.............................

31

31

......................................................................

.................

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I Rhodes West Station Precinct

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Marquet & Walker Streets Planning

Agreement

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City of Canada Bay Council Walker Street

Development Pty Limited

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& Ors

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GST...........................................................................................................................32

53

Explanatory Note...

..................................................................................................

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33

Schedule 1 ...............................................................................................................................34 Schedule 2..............................................................................................................................40

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Schedule 3..............................................................................................................................42 Schedule 4..............................................................................................................................43

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Schedule 5..............................................................................................................................44 Recreation Centre................

...... ............................................................................................

44

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Schedule 6..............................................................................................................................45 Schedule 7..............................................................................................................................46 Schedule 8..............................................................................................................................47

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Schedule 9..............................................................................................................................48

Schedule 10 ............................................................................................................................49

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Schedule 11 .................................................;..........................................................................49 Execution

.................................... .............................................................. ..............................

50

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Appendix.................................................................................................................................53

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I Rhodes West Station Precinct

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Marquet It Walker Streets Planning

Agreement

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City of Canada Bay Council Walker Street

Development Pty Limited It Ors

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Rhodes West Station Precinct

Marquet &. Walker Streets Planning Agreement

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Summary Sheet

I Council:

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Name: City of Canada Address: 1 a

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Bay Council

Marlborough Street, Drummoyne

Telephone: 9911

."

6400

Facsimile: 9911 6550

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Email: tony.mcnamara@canadabay.nsw.gov.au

Representative: Tony

McNamara

I Developer:

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Name: Walker Street

Development Pty

Limited

Address: 44 Waratah Street Mona Vale NSW 2103

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Telephone: 8878 6962 Facsimile: 8878 6995 Email: bill.mcgarry@billbergia.com.au

Representative: William McGarry

Landowners: Name:

D

Billbergia Pty

Ltd

Add ress: Suite 101, 25 Angas Street Meadowbank NSW 2114

Telephone: 88786962

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Facsimile: 88786995 Email:

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bill.mcgarry@billbergia.com.au

Representative: William McGarry and

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and Name: Bay Tower

Pty

Limited

Address: Suite 101,25 Angas Street Meadowbank NSW 2114

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I Rhodes West Station Precinct

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Marquet It Walker Streets Planning

Agreement

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City of Canada Bay Council Walker Street

Development Pty Limited

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It Ors

I Telephone: 8878 6962

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Facsimile: 8878 6995 Email: bill.mcgarry@billbergia.com.au

Representative: William McGarry

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Name:

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Twenty One Marquet Street Pty Limited

Address: Suite 101, 25 Angas Street Meadowbank NSW 2114

Telephone: 8878 6962

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Facsimile: 8878 6995 Email: bill.mcgarry@billbergia.com.au

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Representative: William McGarry and Name: Twelve Walker Street

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Pty Limited

Address: Suite 101,25 Angas Street Meadowbank NSW 2114

Telephone: 8878 6962

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Facsimile: 8878 6995 Email: bill.mcgarry@billbergia.com.au

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Representative: William McGarry and

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Name: Thirty Four Walker Street Pty Ltd

Address: Suite 101,25 Angas Street Meadowbank NSW 2114

Telephone: 8878 6962

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Facsimile: 8878 6995 Email: bill.mcgarry@billbergia.com.au

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Representative: William McGarry

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Land: See definition of Land in clause 1.1 and Schedule 7.

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Development:

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See definition of Development in clause 1.1.

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Development Contributions:

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I Rhodes West Station Precinct

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-

Marquet

& Walker Streets

Agreement

Planning

DL

City of Canada Bay Council Walker Street

Development Pty Limited

& Ors

I See clause 10 and Schedule 1.

I of

Application

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s94, s94A and s94EF of the Act:

See clause 9.

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Enforcement:

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See Part

7Registration:

See clause 33.

I Restriction

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on

dealings:

See clause 34.

Dispute Resolution: See Part 6.

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Rhodes West Station Precinct

I -

Marquet

& Walker Streets

Planning

Agreement

City

of Canada

Walker Street

Bay

DL

Council

Development Pty Limited

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& Ors

I Rhodes West Station Precinct Streets Planning Agreement

-

Marquet

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&. Walker

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Under s93F of the Environmental Planning and Assessment Act 1979

I Parties

City of Canada Bay Council Drummoyne

NSW

ASN 79 130029250 of 1a

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Marlborough Street,

(Council)

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and

Walker Street

Development Pty Ltd

ACN 164083809 of 44 Waratah

Street, Mona Vale NSW (Developer)

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and

Billbergia Pty (Billbergia)

Ltd

ACN 008 645136 of Suite 101, 25 Angas St, Meadowbank NSW

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and

Bay Tower Pty Limited ACN Meadowbank NSW (Bay Tower)

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099267464 of Suite 101, 25 Angas St,

and

Twenty

One

Marquet Street Pty

Ltd ACN 165919693 of Suite Angas St, Meadowbank NSW (Twenty One Marquet St)

I 101 25

I

and

Twelve Walker Street Pty Ltd ACN 166282542 of Suite 101,25 Angas St, Meadowbank NSW (Twelve Walker)

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and

Thirty

Four Walker Street

Pty Ltd ASN 36165847076 of Suite 101, 25 Angas St, Meadowbank NSW (Thirty Four Walker)

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Background A

The Landowners

S

The Landowner and

own

the Land, or have

Developer are

related entities and the

Development of the Land for the Landowners. C

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legally enforceable rights to acquire the Land. Developer will

carry out the

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The Council has sought the Instrument Change.

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E Rhodes West Station Precinct

I

-

Marquet &.Walker

Streets

Planning

DL

Agreement

City

of Canada

Walker Street

Bay Council

Development Pty Limited

&. Ors

I D

The

E

The

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Developer Development.

proposes to

lodge a Development Application

with Council for the

Developer has agreed to make Development Contributions carrying out of the Development.

in connection with the

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Operative provisions

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Part 1

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1

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-

Preliminary

Interpretation 1.1

In this Deed the following definitions Act

means

the Environmental Planning and Assessment Act 1979 (NSW).

Additional Residential GFA

I

apply:

means

the total amount of Gross Floor Area in

Development used for the purposes of Residential Accommodation, Hotel Serviced Apartment within the meaning of the Amended LEP which is in

the or

of the Gross Floor Area which would be permitted on the land on Development is proposed, if a floor space ratio of 1.76:1 calculated in accordance with the LEP was applied (an indicative schedule of which, based on the Developer’s proposed development of the Land at the date of

excess

which the

I

this

I

,

Deed, is included

Amended LEP once

as

means

Schedule

the LEP

as

3). amended

by the Station

Approval includes approval, consent, licence, permission

I

Precinct LEP

made. or

the like.

New South Wales

government, a government department, public authority established by or under any Act, a councilor county council constituted under the Local Government Act 1993, or a person or body exercising functions under any Act including a commission, panel, court, tribunal and the like.

Authority

means

the Commonwealth

or

Minister of the Crown, a

I

a

Bank Guarantee means an irrevocable and unconditional undertaking without any expiry or end date in favour of the Council to pay an amount amounts of money to the Council on demand issued by:

I

(a)

I

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one

of the following

trading

or

banks:

Banking Group Limited,

(i)

Australia and New Zealand

(ii)

Commonwealth Bank of Australia,

(iii)

Macquarie Bank Limited,

(iv)

National Australia Bank Limited,

(iv)

St George Bank Limited,

(v)

Westpac Banking Corporation, or

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I Rhodes West Station Precinct

-

Marquet &. Walker Streets Planning

DL

Agreement

City

of Canada

Walker Street

Bay

Council

Development Pty Limited

I

&. Ors

I (b)

any other financial institution

approved by the Council in its absolute

discretion.

Building means a building plan at Schedule 6. BCA

the

means

I in the

Development as generally identified

in the

I

Building Code of Australia.

Claim includes a claim, demand, remedy, suit, injury, damage, loss, Cost, liability, action, proceeding or right of action.

I

Commercial Premises means business premises or office premises as defined in the LEP, and for the avoidance of doubt, does not include a Hotel. Construction Certificate has the Cost

means a

same

meaning

as

nature.

CPI means the Consumer Price Index (All Groups Australian Bureau of Statistics. means

I

cost, charge, expense, outgoing, payment, fee and other

expenditure of any

Deed

in the Act.

-

I

Sydney) published by the

this Deed and includes any schedules, annexures and

I

appendices to this Deed.

Development means any development within the meaning of the Act on the Land which would breach the height and floor space ratio controls in the LEP as in force before the Instrument Change. Development Application has the same meaning

as

Development Consent has the same meaning

in the Act.

as

I

in the Act.

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Development Contribution means a monetary contribution, the dedication of land free of cost, the carrying out of work, or the provision of any other material public benefit, or any combination of them, to be used for, or applied towards a public purpose, but does not include any Security or other benefit provided by a Party to the Council to secure the enforcement of that Party’s obligations under this Deed for the purposes of s93F(3)(g) of the Act.

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Dispute

I

means a

dispute or difference

between the Parties under

or

in

relation to this Deed.

Equipment means any equipment, apparatus, vehicle or other equipment or thing to be used by or on behalf of the Developer in connection with the performance of its obligations under this Deed. Estimated Costs

means

I

the estimated costs of the Recreation Centre

I

approved in accordance with clause 17.11. Final Lot

means a

lot created in the

Development for separate residential occupation and disposition or a lot of a kind or created for a purpose that is otherwise agreed by the Parties, not being a lot created by a subdivision of

I

the Land:

(a)

that is to be dedicated

(b)

on which is situated a dwelling-house that was in existence date of this Agreement.

Gross Floor Area has the GST has the

20524643_1.DOCX 20524643.1

same

or

same

meaning

as

otherwise transferred to the Council, or

meaning

as

on

I

the

I

in the LEP.

in the GST Law.

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I Rhodes West Station Precinct

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Marquet It Walker Streets Planning

DL

Agreement

City

of Canada

Walker Street

Bay Council

Development Pty Limited

It Ors

I GST Law has the

same meaning as in A New Tax System (Goodsand Tax) Act 1999 (Cth)and any other Act or regulation relating to the imposition or administration of the GST.

E

Services

Hotel has the

D

same

meaning

as

Instrument Change means the Item

I

means an

item

Just Terms Act

specified

means

in the LEP.

making of the Station

Precinct LEP.

in Column 1 of the table in Schedule 1.

the Land Acquisition

(Just Terms Compensation)Act

1991. Land

I

the land described in Columns 1 and 2 of Schedule 7.

means

Landowner means, subject to clause 6.4, the entity listed in Column 3 of respect of each part of the Land described in Columns 1 and 2

Schedule 7 in

of Schedule 7, even if at the date of this Deed that entity does not own the relevant part of the Land, and an obligation in this Deed on a Landowner

I

applies to the Landowner in respect of the

Land to which the

obligation

relates.

I

LEP

means

the Canada

Bay Local Environmental Plan

2013.

,

Monetary Development Contributions means the monetary Development required by clause 10.1 and Part A of the table in Schedule 1.

Contributions

I

Occupation Certificate has the same meaning

Party

I

means a

party

Planning Proposal

as

in the Act.

to this Deed.

planning proposal within the meaning of the Proposal- Proposed Amendment to the Canada Bay

means

Act entitled’Planning

the

Local Environmental Plan 2013

Amendment NO.3

-

Rhodes Peninsula’submitted

-

Station Precinct

by Council to the Department of

(Precinct D) Planning in December 2013 and given the reference number PP_2013_CANAD_004_00, or other planning proposal in respect of the Land submitted by the Council to the Department of Planning that is similar to PP_2013_CANAD_004_00. -

I I

means the community centre, childcare centre and public parking, generally in accordance with the documents contained in Schedule 5, subject to such modifications as are permitted by this Deed.

Recreation Centre

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Regulation

means

the Environmental Planning and Assessment Regulation

2000.

I

Residential Accommodation means the types of accommodation listed in paragraphs (a)to (m)of the definition of residential accommodation in the LEP.

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Retail Premises has the

same

Rhodes Peninsula Arts Plan

meaning

means

Arts Plan 2012-2020’ prepared

by

as

in the LEP.

the document titled ’Rhodes Peninsula Guppy Associates for

Milne & Stone and

D

the Council which

I

upgrading half of the width of Gauthorpe Street, half of the width of Marquet Street and the full width of Walker Street and corresponding footpaths, for the entire frontage of the Development, in accordance with the AUSPEC specification with the road pavement designed

replaces

that

Roadworks

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can

be found

on

the Council’s website, or other

plan

that

plan.

means

11

I Rhodes West Station Precinct

-

Marquet

& Walker Streets

Planning

DL

Agreement

City of Canada Bay Council Walker Street

Development Pty Limited

I

& Ors

I in accordance with the Austroads Pavement Design Guidelines for 1.23 x

10^7 equivalent Standard Axles and the RRCF

the

means

plan

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at Schedule 4.

Renewing Rhodes Contributions Framework prepared by

planningNSW. RRCF Contribution

means

Serviced Apartments has the same meaning

Stage means

a

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Item 6 in the Table to Schedule 1. as

in the LEP.

stage in the Development as shown

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the plan at Schedule

on

6.

Station Precinct LEP made pursuant to the

means

the local environmental

Subdivision Certificate has the 34 Walker St 1.2

In the

means

plan proposed

same

I

meaning

as

in the Act.

the part of the Land described

as

such in Schedule 7.

requires:

1.2.1

Headings are inserted for convenience only and interpretation of this Deed.

1.2.2

A reference in this Deed to

a

business day

do not affect the

means a

which banks

If the

or thing is to be done under this day, the act, matter or thing must be done on

day on which a

open for business

A reference in this Deed to dollars or $ means Australian dollars and all amounts payable under this Deed are payable in Australian dollars.

1.2.5

A reference in this Deed to a

I

day.

1 .2.4

Contribution is

I

any act, matter

business

the next business

are

I

day other than a generally

Saturday or Sunday on in Sydney. Deed is not

1.2.6

I

interpretation of this Deed, the following provisions apply unless the

context otherwise

1.2.3

to be

Planning Proposal.

a

$ value relating

to

a

I

Development

reference to the value exclusive of GST.

A reference in this Deed to any law, legislation or legislative includes any statutory modification, amendment or

I

provision

re-enactment, and

any subordinate legislation or

1 .2.7

or

replaced.

I

a clause; part, schedule or attachment is a reference to clause, part, schedule or attachment of or to this Deed.

An expression

importing a

1.2.10 Where

speech has

a

a

I

natural person includes any company,

trust, partnership, joint venture, association, body corporate governmental agency.

1.2.11

I

A reference to a

1.2.9

regulations issued under that legislation

A reference in this Deed to any agreement, deed or document is to that agreement, deed or document as amended, novated,

supplemented 1.2.8

or

legislative provision.

or

word

or

or phrase is given a defined meaning, another part of other grammatical form in respect of that word or phrase

I

corresponding meaning.

A word which denotes the singular denotes the plural, a word which denotes the plural denotes the singular, and a reference to any gender denotes the other genders.

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I Rhodes West Station Precinct

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Marquet & Walker Streets Planning

Agreement

DL

City of Canada Bay Council Walker Street

Development Pty Limited

& Ors

I 1.2.12 References to the word ’include’ or ’including’ are to be construed

I

without limitation. 1.2.13 A reference to this Deed includes the

agreement recorded

in this

Deed.

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1.2.14 A reference to

Party to this Deed includes a reference to the

a

servants, agents and contractors of the Party, the Party’s and

I

1.2.15 A reference to ’dedicate’ or ’dedication’ in relation to land is reference to dedicate 1.2.16

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successors

assigns.

3

and attachments form part of this Deed.

in this Deed

are

operative provisions of this Deed.

Status of this Deed 2.1

I

appearing

a

dedication free of cost.

Any schedules, appendices

1.2.17 Notes

2

or

This Deed is

a

planning agreement within

the

meaning of s93F(1) of the Act.

Commencement

I 3.1

This Deed takes effect 3.1.1

I

3.1.2 3.2

I

on

the later of the date

when all Parties have executed one

counterpart of this Deed, and

of commencement of the Amended LEP:

other than parts 1, 6, 7 (exceptfor clause 29), 8 and 10, which commence the date of execution of counterparts of this Deed by all Parties. The Party who executes this Deed last is to insert on the front page the date they did and

on

so

copy of the fully executed and dated Deed to any other person

provide a a Party.

who is

I 4

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Application of this 4.1

5

This Deed

Deed

applies to the

Land and to the

Development.

Warranties 5.1

I

The Parties warrant to each other that they:

5.1.1

have full

5.1.2

are

capacity to enter

able to fully

into this Deed, and

comply with their obligations under this Deed.

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6

Ownership of the Land

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I Rhodes West Station Precinct

-

Marquet

8t Walker Streets

Planning

DL

Agreement

City

of Canada Bay Council

Walker Street

Development Pty Limited

I

8t Ors

I 6.1

The Landowners warrant that they either own the Land or have legally enforceable rights to acquire the title to such part of the Land which they do not, at the date of this Deed, own (Option Land), before any obligations arise under this Deed in respect of that Land.

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I 7

Further agreements 7.1

I

The Parties may, at any time and from time to time, enter into agreements relating to the subject-matter of this Deed that are not inconsistent with this Deed for the purpose of implementing this Deed.

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Surrender of right of appeal, etc. The

Developer is

I

not to commence

or maintain, or to cause or procure the maintenance, of any proceedings in any court or tribunal or similar body appealing against, or questioning the validity of this Deed, or an Approval relating to the Devel pment in so far as the subject-matter of the proceedings involves a challenge to, or an appeal against any aspect of this

commencement or

I

Deed.

9

I Application of s94, s94A and s94EF of the Act Development 9.1

This Deed excludes the

to the

I application

of s94 and s94A of the Act to the

Development. 9.2

Part 2

10

This Deed does not exclude the

-

of s94EF to the

I

Development.

I

Development Contributions

Provision of 10.1

application

I

Development Contributions

The Developer is to make the Development Contributions described in the table in Schedule 1 to the Council in accordance with Schedule 1 and any other provision of this Deed relating to the making of Development

I

Contributions. 10.2

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The Council is to

apply each Development Contribution made by the Developer under this Deed towards the public purpose, if any, for which Deed specifies the Development Contribution is made and otherwise in

this

I

accordance with this Deed. 10.3

Despite clause 10.2, but subject to the Council’s obligation

Development Contributions towards the Recreation

to

apply Monetary

Centre the Council may

apply a Development Contribution made under this Deed towards a public purpose other than the public purpose specified in this Deed if the Council reasonably considers that the public interest would be better served by

I

I

20524643_1.DOCX 14 20524643.1

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I

m Rhodes West Station Precinct

~

-

Marquet & Walker

Streets

Planning

Agreement

DL

City of Canada Bay Council Walker

Street Development Pty

Limited & Ors

I applying

I 10.4

I I

the

the purpose

11

Development Contribution towards that other specified.

Notwithstanding clause 10.1, any Development Contribution comprising the dedication of any part of the Land is to be made by the Landowner, and not the Developer (unless the Developer is the Landowner).

Indexation of 11.1

purpose rather than

so

Development Contributions

Monetary Development Contribution is to be indexed between the date on which this Deed specifies that the relevant Development Contribution is taken to be made, in accordance with the following formula: Each

of this Deed and the date

I

IV

I

=

V

x

CPlz CPI1

Where:

I

IV V

means

the indexed value of the

means

the

Monetary Development Contribution;

Monetary Development Contribution specified

in this

Deed;

I

CPI2

means

the CPI index number for the quarter

immediately before the

calculation of the IV is to be made; and

I

CPI1

means

the CPI index number

published for December 2013 in respect

Retail Gross Floor Area contribution, Item 2 Commercial Gross Floor Area contribution and Item 3 Residential Gross Floor Area contribution (but only in respect of the rate for levels up to and

of Item 1

-

-

-

I

including level 25), and the CPI index number published for September 2014 in respect of all other Monetary Development Contributions.

I

11.2

Notwithstanding clause 11.1, the application of the formula in clause 11.1 Monetary Development Contribution cannot result in a reduction in the Monetary Development Contribution.

to

a

I 12

I

Calculation of Monetary 12.1

I

Development Contributions

For the purpose of calculating the Monetary Development Contributions required by clause 10.1, the Developer must, when lodging a Development Application for the Development, include the following calculations: 12.1.1

of the part of the Land on which each Building in the Development is proposed to be carried out, certified by a registered

the site

area

surveyor;

I

12.1.2 the total Gross Floor Area for each

Building

12.1.3 the Additional Residential GFA of each

Building

12.1.4 the amount of Gross Floor Area of each

I

proposed proposed

in the

Development;

in the

Building

Development;

in the

Development

to be used for Retail Premises, including the amount at basement level, ground level and first floor level; and

I 20524643_1.DOCX 20524643.1

II

CAR CAR

15

I Rhodes West Station Precinct

-

Marquet 8r. Walker Streets Planning

DL

Agreement

City

Bay Council

of Canada

Walker Street

Development Pty Limited

I

8r. Ors

I 12.1.5 the amount of Gross Floor Area of the

Development proposed

to be

I

used for Commercial Premises.

I 13

Roadworks 13.1

13.2

I

The

Developer must carry out the Roadworks in accordance with any Development Consent which requires the Roadworks to be carried out.

I

If the Council standard

requires any part of the Roadworks to be constructed to a higher than that contained in the AUSPEC specification with the

road pavement designed in accordance with the Austroads Pavement Design Guidelines for 1.23 x 10^7 equivalent Standard Axles,the Council will

reimburse the surveyor

14

Developer for the additional costs, as determined by

a

I

quantity

agreed in writing between the Parties.

I

Payment of Monetary Development Contributions 14.1

I

A Monetary Development Contribution is made for the purposes of this Deed when the Council receives the full amount of the contribution payable under this Deed in cash or by unendorsed bank cheque orby the means deposit

by

of electronic funds transfer of cleared funds into the Council.

14.2

A

Monetary Development Contribution

accompanied by

a

bank account nominated

by

I

made under this Deed is to be

survey report prepared by a registered surveyor that shows the actual built Gross Floor Area in the Development pursuant to which the Monetary Development Contributions are calculated. 14.3

I

A

Monetary Development Contribution made under this Deed is to be accompanied by details provided in the format of the table contained in

Schedule 11

15

a

I

.

I

Public Art The Developer and the Council are to establish a public art selection panel (’Panel’)which includes at least one Council representative. 15.1

The Panel is to review and make recommendations to the selection and location of public art in accordance with:

15.1.1

this

I

Developer on the

I

clause,

15.1.2 the Rhodes Peninsula Arts Plan, and

15.1.3 the 15.2

The

I

’City of Canada Bay’s Public Art Strategy’.

Developer must include as part of its Development Application for Stages Development a proposal for public art in accordance with the

1 and 2 of the

I

Panel’s recommendation referred to in clause 15.2:

20524643_1.DOCX 20524643.1

I 16

CAR CAR

I

I Rhodes West Station Precinct

~

-

Marquet &. Walker Streets Planning

Agreement

City

of Canada

Walker Street

DL

Bay Council Development Pty Limited

&. Ors

I public art to be included in Stage 1 of the Development is to have a design, construction and installation cost of $400,000 (exclusive of GST).

15.3

The

15.4

The public art to be included in Stage 2 of the Development is to have a design, construction and installation cost of $200,000 (exclusive of GST)and may include some integrated artwork as part of the Recreation Centre.

I

I 15.5

The amounts referred to above will be indexed in accordance with CPI

(Sydney,all groups) quarterly from

I I

Part 3

I

16

-

Provisions

the date of this Deed.

regarding

the Dedication of Land

"

’

Dedication of land 16.1

A

~

Development Contribution comprising the dedication of land

is made for the

purposes of this Agreement when:

I

16.1.1

proposed to be a public road or reserve, drainage reserve, a deposited plan is registered in the register of plans held with the Registrar-General that dedicates land as a public road (including a temporary public road) under the Roads Act 1993 or creates a public reserve or drainage reserve under the Local

if the land to be dedicated is or

I

Government Act 1993, or

I

16.1.2 the Council is

(a)

an

given:

instrument in

I

effective to transfer the title to the land to the Council when executed by the Council as transferee and registered,

(b)

I

the written consent to the person whose consent is

(c)

I 16.2

16.3

registration of the transfer of any required to that registration, and

written undertaking from any person holding the certificate of title to the production of the certificate of title for the purposes of registration of the transfer.

a

The Landowner is to do all

things reasonably necessary

of the instrument of transfer to

I

registrable form under the Real Property Act by the Developer as transferor that is

1900 duly executed

The Landowner is to

ensure

to enable

registration

occur.

that land dedicated to the Council under this

Deed is free of all encumbrances and affectations (whether registered or unregistered and including without limitation any charge or liability for rates, taxes and charges) except as otherwise agreed in writing by the Council, and in respect of encumbrances or affectations arising from the construction of

I

building which forms part of the Development, such agreement must be obtained before the Landowner or Developer seeks a Construction Certificate for that building. any

I

If, having used all reasonable endeavours, the Landowner cannot ensure that

16.4

land to be dedicated to the Council under this Deed is free from all encumbrances and affectations, the Landowner may request that Council and affectations, but agree to accept the land subject to those encumbrances the Council may withhold its agreement in its absolute discretion.

I

,I 20524643_1.DOCX

I

20524643.1

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17

I Rhodes West Station Precinct

-

Marquet &. Walker Streets Planning

Agreement

City

of Canada

Walker Street

DL

Bay Council

Development Pty Limited

I

&. Ors

I 16.5

Despite any other provision of this Deed, if the Landowner is required to dedicate land to the Council on which the Developer is also required to carry out a Work under this Deed, the Landowner is to comply with clause 16.1.12 not later than 7 days after the Work is completed for the purposes of this

I

Deed.

I

16.6 For the avoidance of doubt, for the purposes of this clause an encumbrance or affectation includes the need for any part of the land to be dedicated to be used as emergency egress from a building, or to be free of obstruction for the purposes of the BCA, any other law, or any requirement of any Authority.

I

I Part 4

17

-

Recreation Centre

Design 17.1

17.2

.’

I

of Recreation Centre

I

The

Developer is to prepare and submit a detailed description, including design drawings, of the Recreation Centre (Detailed Design). Before

I

commencing the Detailed Design, the Parties must meet to discuss Design and any changes to Schedule 5 requested by Council.

the Detailed 17.3

The Detailed

Design must be prepared in accordance with Schedule 5, and having received input from specialist consult.ants experienced in the delivery of facilities similar to the Recreation Centre, and submitted to Council for approval no later than three months (or such other time as the parties may agree) prior to the date that the Developer makes a Development Application

I

after

I

that will include the Recreation Centre. 17.4

No Development Application for any work that includes the Recreation Centre is to be made until Council has confirmed in writing its approval of the

Detailed 17.5

The Council must promptly (and in any event within 40 days of submission) give the Developer notice whether or not the Detailed Design is approved or not approved, having regard to their compliance or otherwise with Schedule 5 giving reasons in the case of their not being approved.

17.6

The Council’s approval under this clause 17 is not to be unreasonably withheld.

17.7

If Council fails to provide a response to the Detailed Design submitted by the Developer within the time required by clause 17.5, the Developer may lodge a development application for 34Walker Street based on that Detailed Design, notwithstanding clauses 17.3 and 22.

17.8

17.9

I

Design

I I

I

If the Detailed Design is not approved having regard to Schedule 5, then the Council must identify the further information, or modifications, (as the case may be) which are required so that the Recreation Centre complies with Schedule 5.

I I

At any time prior to Council confirming in writing its approval of the Detailed Design, Council may require changes to the design and specifications of the Recreation Centre including changes to the requirements set out in Schedule

I

20524643_1.DOCX 18 20524643.1

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I

I Rhodes West Station Precinct

m

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Marquet &. Walker Streets Planning

DL

Agreement City of Canada Bay Council Walker Street Development Pty Limited &. Ors

I 5, and any additional costs incurred in amending the the amended design, will be borne by Council.

I

I I

The Council may also

17.11

The

Developer

must

the comments made

18

I

out

promptly amend the Detailed Design to take into account by the Council in accordance with this clause.

Developer must, on or before the submission of the Detailed Design under clause 17 submit a detailed costs estimate in similar form to the cost estimate contained in Schedule 5, updated to reflect the Detailed Design and certified by a suitably qualified quantity surveyor agreed between the Parties for the estimated costs (excluding GST)of the Recreation Centre, which will The

margin, design fees and contingency development margin. include contractor’s

I

carrying

Cost of Recreation Centre 18.1

I

or

request amendments to the Detailed Design after it is approved, notwithstanding the fact that the Detailed Design may comply with Schedule 5, provided that those amendments would not require a modification of any Development Consent, and any additional costs incurred in amending the design or carrying out the amended design, will be borne by Council.

17.10

I

design

18.2

but exclude any

requires an amendment to the design under clauses 17.9 or detailed cost estimate must be submitted in relation to the

Where Council

17.10, a

new

amended design. 18.3

I

The Council

(acting reasonably) may:

18.3.1

accept the costs estimate;

I

18.3.2

reject items included within that quantity surveyor’s estimate which

I

18.3.3

are

not

directly related

to the Recreation Centre; or

require substantiation for the costs of items where the amount estimated is considered by Council, acting reasonably, to be excessive in the circumstances.

I

18.4

Council must

respond promptly, and

in

no more

than 20 Business

Days to any

detailed costs estimate received from the Developer under this clause.

I

18.5

A failure to agree on a quantity surveyor as required dispute for the purposes of Part 6 of this Deed.

by

clause 18.1 is

a

I

I

19

Construction Contract for Recreation Centre 19.1

I

enter into a separate design and construct to the design and construction of the relation in contract (0& C Contract) the template contract in Schedule 10, based on is which Recreation Centre of the D & C Contract: terms detailed the of to

The

Developer and the Council will

subject

I

19

20524643_1.DOCX 20524643.1

II

negotiation

CAR CAR

Rhodes West Station Precinct

I -

Marquet

& Walker Streets

Planning

Agreement

City

of Canada

Walker Street

DL

Bay Council

Development Pty Limited

I

& Ors

I 19.2

20

The D & C Contract must not be inconsistent with this Deed, and this Deed prevails in the event of, and to the extent of any inconsistency.

Cap

Payments for Recreation Centre

on

20.1

I I

Any costs incurred

in the construction and fit out of the Recreation Centre in excess of the Estimated Costs are to be borne by the Developer, subject to any increased costs agreed to by Council as a result of any variation required by Councilor a variation under the D&C Contract.

20.2

I

Notwithstanding anything in the D&C Contract, if the Developer has not yet paid all Monetary Development Contributions required by this Deed, and Council has expended all Monetary Development Contributions previously

I

collected from the

20.3

Developer, Council will not be required to make any monetary progress payments and can instead discharge its obligation to make progress payments by issuing the Developer with a certificate to the effect that an offset against Monetary Development Contributions in the amount of the progress payments will be granted (Offset Certificate)

I

The

I

Developer may meet its obligation to pay ny outstanding Monetary Development Contributions with one or more Offset Certificates in equivalent amounts (and the amount stated in an Offset Certificate will be subject to CPI adjustment at the time of payment in accordance with the formula set out In

I

clause 11 where CPI1 is the most recent CPI index applying at the date of the Offset Certificate and CPI2 is the most recent CPI index applying at the date of

21

payment).

I

Timing

of Provision of Recreation Centre

21.1

Developer must lodge a Development Application for the Development 34 Walker St, including the Recreation Centre, within 18 months of the

I

The on

date of commencement of the Amended LEP. 21.2

The

Developer

must commence construction of the Recreation

24 months of the date of the grant of

I

Centre, within

Development Consent for the Recreation

Centre. 21.3

In the event that the

I

Developer has

not commenced construction of the Recreation Centre within 36 months of the date of the grant of the

Development Consent referred to in clause 21.2, then despite any other provision of this Deed, Council may apply the Monetary Development Contributions to the construction of a facility similar to the

I

Recreation Centre

in another location within its local government area.

I Part 5

22

-

Other

Developer Obligations

Development Application

I

to Include Recreation Centre

I I

20524643_1.DOCX 20 20524643.1

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I Rhodes West Station Precinct

I

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Marquet & Walker Streets Planning

Agreement

City

Bay Council

of Canada

Walker Street

DL

Development Pty Limited & Ors

I 22.1

I I

The

Developer

must not

34 Walker St, unless the

lodge a Development Application for any Building Development Application seeks consent for the

on

Recreation Centre.

23

Content of 23.1

I

Development Applications

Any Development Application Development must: 23.1.1

commit to the

which the

Developer lodges in respect of the

Sustainability Initiatives;

I

23.1.2 propose the provision of CCVTV including cabling and all associated infrastructure for the monitoring of public domain areas;

I

23.1.3 propose the location of electricity substations servicing the Development either within the buildings comprising the Development shall or underground, other than access and ventilation points which be

designed to ensure minimal intrusion into the public domain, and designed in consultation with Council;

shall be

I

23.1.4

I

undergrounding of all services in the public footpath immediately adjacent to the Development and include evidence of consultation with relevant Authorities regarding the location and requirements for all services; and propose the

23.1.5 include detailed BCA

23.1.6 propose the establishment and maintenance of laneways by the Developer in perpetuity and easements to be registered on title to all laneways allowing public access to laneways; and

I

23.1.7 propose the construction of a heliostat reflector on the building to be constructed on 6-14 Walker Street, Rhodes and be accompanied by proposed maintenance manual in respect of that heliostat reflector.

I 23.2

I

The

Developer is

or

maintain, or to

cause or

procure the

proceedings in any court or tribunal of any conditions or similar body appealing against, or questioning the validity of the imposed on any Development Consent for the Development in respect matters listed in clause 23.1.

23.3

For the purposes of this clause

I

23.3.1

I

23.3.3

Sustainability Initiatives

means:

The initiatives included in Schedule 9; and

provision of a maximum of 1 car space per dwelling (excluding adaptable units, tandem and visitor spaces, and retail parking);

23.3.2 the

offering

24

Undergrounding

I

share service or bulk public transport tickets to all of dwellings in the Development as agreed with Council.

a car

purchasers

24.1

of Services

regarding the timing of any public domain works to be carried out by Council on the footpaths and laneways adjoining the Development.

The

I

Developer

must liaise with the Council

21

20524643_1.DOCX 20524643.1

I

not to commence

a

commencement or maintenance, of any

I

I

compliance reports; and

CAR CAR

Rhodes West Stati(m Precinct

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Marquet

It Walker Streets

Planning

Agreement

City

of Canada

Walker Street

DL

Bay Council

Development Pty Limited

I

It Ors

I 24.2

The

Developer agrees to underground frontages of the Land that will be used

all services located at the street in connection with the Development at its own cost, and must ensure that it has laid all services underground before any public domain works are carried out by Council.

24.3

I

The Developer acknowledges that Council will not carry out any public domain works unless and until the Developer has complied with this clause, and has provided evidence to Council that no Authority will require any further services in respect of the Development to be provided in the relevant

I I

footpaths and laneways.

25

Publicly accessible carparking 25.1

26

I

The Developer must ensure that any carparking within the Development which is proposed to service the Retail Premises or Commercial Premises within the Development is made publicly available.

I I

Heliostat reflector 26.1

This clause applies if a heliostat reflector is required to be constructed on a Building on 6-14 Walker Street, Rhodes pursuant to a Development Consent.

26.2

The

I

Developer is to register a Public Positive Covenant on:

26.2.1

if

no

Strata Scheme applies to 6-14 Walker Street, Rhodes, the title to

I

that land, 26.2.2 if a Strata Scheme applies to 6-14 Walker

Street, Rhodes which includes Common Property, the title to the Common Property in that Strata Scheme, or

I

26.2.3 if a Strata Scheme applies to 6-14 Walker Street, Rhodes which does not include Common Property, the title to each Lot in that Strata

I

Scheme. 26.3

The Public Positive Covenant referred to in clause 26.2is to require the registered proprietor of the land or Lot, or the Body Corporate of the Strata Scheme, of the land burdened, as the case may be, to: 26.3.1

I

operate, maintain, repair and replace (as necessary) the heliostat reflector in perpetuity in accordance with any relevant Development Consent and any maintenance manual for the heliostat reflector approved by the Council from time to time, and

I

26.3.2 unless otherwise provided for in the maintenance manual,

(a)

I

take out all relevant insurances in respect of the heliostat

reflector,

(b)

permit the Council to enter onto the land burdened to inspect the heliostat reflector and carry out any works the Council considers necessary to repair, replace heliostat reflector

(c)

comply with

or

I

maintain the

any reasonable direction of the Council to

I

repair,

replace or maintain the heliostat reflector,

I

20524643_1.DOCX 22 20524643.1

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I

I Rhodes West Station Precinct

D

-

Marquet

& Walker Streets

Planning

DL

Agreement

City of Canada Bay Council Walker Street Development Pty Limited & Ors

~ provide security to the Council to the Council’s satisfaction,

(d)

I

indemnify the Council from and against all Claims that may be or made against the Council of the covenantor’s with the connection in performance arising obligations in respect of the heliostat reflector except if, and to

(e)

sustained, suffered, recovered

I

the extent that, the Claim arises because of the Council’s

negligence

I

or

default,

make any changes to the maintenance manual the Council from time to time

(f)

as

directed

by

The Public Positive Covenant referred to in clause 26.2 is to be registered before the issuing of the first Occupation Certificate in relation to the Building

26.4

I

on

6-10 Walker Street.

Until such time

26.5

I

registered, the

the Public Positive Covenant referred to in clause 26.2 is Developer is required to do the matters referred to in clause as

26.3.1 and26.3.2.

Developer is to make two contributions into the Sinking Fund for the Strata Scheme for the Building containing the heliostat of $25,000 each, the first of which is to be paid on the establishment of the Sinking Fund and the second of which is to be paid 12 months thereafter, to be applied towards The

26.6

I

maintenance of the heliostat.

~

26.7

The contributions to be made under clause 26.2 are to be in addition to any contributions which the Developer would, but for this clause, be required to

make to the

I

26.8

Sinking Fund.

Developer is take whatever action is necessary to ensure that the Sinking Fund pursuant to this clause can only be and are only applied to the maintenance, repair and replacement (as

The

contributions made into the

I

necessary) of the heliostat. 26.8.1

I

For the purposes of this clause:

Body Corporate, Common Property, Lot and Strata Scheme each have the same meaning as in the Strata Schemes (Freehold

Development) Act 1973; 26.8.2

I

Sinking Fund means a sinking fund within the meaning of the Schemes Management Act 1996; and

Strata

26.8.3 Public Positive Covenant means a public positive covenant within the meaning of s88E of the Conveyancing Act 1919 on terms to the

satisfaction of the Council.

I I Part 6

I 27

I

-

Dispute Resolution

Dispute resolution 27.1

expert determination

applies to a Dispute between any of the Parties to this Deed be concerning matter arising in connection with this Deed that can determined by an appropriately qualified expert if:

This clause

a

I

23

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Rhodes West Station Precinct

I -

Marquet

8r. Walker Streets

Planning

Agreement

City

of Canada

Walker Street

DL

Bay Council

Development Pty Limited

I

8r. Ors

I 27.1.1

the Parties to the

Dispute agree that it can

27.1.2 the Chief Executive Officer of the

be

so

determined, or

I

professional body that represents

persons who appear to have the relevant expertise to determine the Dispute gives a written opinion that the Dispute can be determined

by

a

27.2

member of that

body.

I

A

Dispute to which this clause applies is taken to arise if one Party gives another Party a notice in writing specifying particulars of the Dispute.

27.3

If

a

notice is

given under clause 27.2, the Parties are to meet within an attempt to resolve the Dispute.

I

14 days

of the notice in 27.4

If the Dispute is not resolved within a further 28 days, the Dispute is to be referred to the President of the NSW Law Society to appoint an expert for expert determination.

27.5

The expert determination is binding misfeasance by the expert.

on

the Parties except in the

case

I

of fraud

I

or

27.6

Each

Party is to bear its own costs arising from

or

in connection with the

appointment of the expert and the expert determination. 27.7

28

The Parties are to share equally the costs of the the expert determination.

Dispute Resolution 28.1

I

President, the expert, and

I

mediation

-

This clause applies to any Dispute arising in connection with this Deed other a Dispute to which clause 27 applies.

I

than 28.2

Such a Dispute is taken to arise if one Party gives another Party a writing specifying particulars of the Dispute.

28.3

If

given under clause 28.2, the General Manager of each party (or equivalent executive) are to meet within 14 days of the notice in an attempt to resolve the Dispute.

28.4

If the

a

notice in

I

notice is

I

Dispute is not resolved within a further 28 days, the Parties are to mediate the Dispute in accordance with the Mediation Rules of the Law Society of New South Wales published from time to time and are to request

the President of the Law 28.5

Society to select a

I

mediator.

If the Dispute is not resolved by mediation within a further 28 days, or such longer period as may be necessary to allow any mediation process which has been commenced to be completed, then the Parties may exercise their legal rights in relation to the Dispute, including by the commencement of legal proceedings in a court of competent jurisdiction in New South Wales.

28.6

Each

Party is to bear

its

own

costs

arising from

or

I

I

in connection with the

appointment of a mediator and the mediation. 28.7

Part 7

-

The Parties are to share the mediation.

equally the costs of the President, the mediator, and

I I

Enforcement

I

20524643_1.DOCX 24 20524643.1

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I

a Rhodes West Station Precinct

~

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Marquet &. Walker Streets Planning

Agreement

DL

City of Canada Bay Council Walker Street

Development Pty Limited

&. Ors

I

I

29

Acquisition

of land

to be dedicated from

required

Landowner 29.1

I

If the Landowner does not dedicate land which it

owns

and which is

required

to be dedicated under this Deed at the time at which it is required to be dedicated, the Landowner consents to the Council compulsorily acquiring the land for compensation in the amount of $1 without having to follow the

pre-acquisition procedure

I

29.2

under the Just Terms Act.

only acquire land pursuant to clause 29.1 if it considers it so having regard to the circumstances surrounding the failure by the Landowner to dedicate the land required to be dedicated under The Council is to reasonable to do

I

this Deed. 29.3

Clause 29.1 constitutes

an

agreement for the purposes of s30 of the Just

Terms Act.

I

29.4

I

acquisition referred to in clause 29.1, the Council is required to pay compensation to any person other than the Landowner, the Landowner is to reimburse the Council that amount, upon a written request If,

as a

result of the

being made by the Council, or the Council competent jurisdiction. 29.5

I

29.6

the debt in

a

Court of

keeps indemnified the Council against all as a result of any acquisition by the Council of the whole or any part of the land concerned except if, and to the extent that, the Claim arises because of the Council’s negligence or default.

The Landowner indemnifies and

Claims made

I

can recover

against the Council

promptly do all things necessary, and consents to the all things necessary, to give effect to this clause 29, including doing without limitation:

The Landowner is to

Council

I I

any documents

forms,

29.6.1

signing

29.6.2

giving land owner’s consent for lodgement of any Development Application,

29.6.3

producing certificates of title to the Registrar-General Property Act 1900, and

29.6.4

paying

or

the Council’s costs

under the Real

arising under this clause 29.

I 30 I

I

Caveat to 30.1

I

to be dedicated

Without limiting any other provision of this Deed, the Landowners agree that Council may lodge a caveat over 34 Walker St, precluding any sale of that to the land, but only up until the time that this Deed is registered on the title

Land. 30.2

a

lodges a caveat in accordance with c\ause30.1, then the the Council must immediately do all things reasonably required to ensure that caveat does not prevent or delay the registration of: If the Council

30.2.1

I

this Deed;

25

20524643_1.DOCX 20524643.1

II

prevent sale of land

CAR CAR

Rhodes West Station Precinct

I -

Marquet It Walker Streets Planning

DL

Agreement

City

of Canada

Walker Street

Bay Council

Development Pty Limited

I

It Ors

I 30.2.2 any

plan of consolidation

or

permitted under this Deed 30.2.3 any other

dealing, required Development Consent.

30.3

any

or

contemplated, required

or

I

Development Consent; or

permitted under this Deed

or

any

I

Council must act

promptly and reasonably in discharging or releasing any land in order to allow for a subdivision of that land to create any separate legal title for the land to the dedicated. caveat

30.4

subdivision

or

over

I

a

Council must promptly do all things reasonably required to remove the caveat from the title(s) of the balance of the land once a separate legal title is created for the land to be dedicated or once this Deed is registered on the title to the

I

Land. 30.5

I

The Landowner is not to create any mortgage or charge over the land to be or grant any other interest in that land without the prior written consent of the Council which will not be unreasonably withheld.

dedicated

I 31

Breach of obligations 31.1

I

If the Council reasonably considers that the Developer or Landowner is in breach of any obligation under this Deed, it may give a written notice to the Developer or Landowner: 31.1.1

I

.’

31.1.2

specifying the nature and

extent of the

requiring the Developer or Landowner

breach, to:

(a)

rectify the breach rectification, or

(b)

pay compensation to the reasonable satisfaction of the Council in lieu of rectifying the breach if it

if it

reasonably considers it

is

I

capable of

I

reasonably

considers the breach is not

31.1.3

capable of rectification,

specifying the period within which the breach is to be rectified compensation paid, being a period that is reasonable in the

or

I

circumstances. 31.2

Nothing

in this clause 31 prevents the Council from exercising any rights it have at law or in equity in relation to a breach of this Deed may by the

Developer or Landowner, including appropriate 31.3

32

but not limited to

seeking

relief in

I

an

court.

This clause is

subject to the dispute

Enforcement in

a

I

resolution provisions in Part 6.

court of competent jurisdiction

32.1

Without

32.2

For the avoidance of doubt, nothing in this Deed prevents:

I

limiting

any other provision of this Deed, the Parties may enforce this Deed in any court of competent jurisdiction.

I I

20524643_1.DOCX 26 20524643.1

CAR CAR

I

I Rhodes West Station Precinct

-

Marquet &. Walker Streets Planning

Agreement

DL

City of Canada Bay Council Walker Street

Development Pty Limited &. Ors

I 32.2.1

II

a

Party from bringing proceedings in the Land and Environment Court aspect of this Deed or any matter to which this Deed

to enforce any

relates, or

exercising any function under the Act or any other relating to the enforcement of any aspect of this Deed or

32.2.2 the Council from

I

Act

or

law

any matter to which this Deed relates.

I Part 8

-

& Restriction

Registration

on

Dealings

I 33

I

Registration 33.1

of this

Agreement

The Landowners warrant that the consent of all persons whose consent is required to the registration of this Deed under s93H(1) of the Act has been

obtained.

I

33.2

33.3

The Parties agree to

register this Deed

Not later than 10 days after the commencement of this Deed, the Landowner is to deliver to the Council in

I

for the purposes of s93H(1) of the Act.

33.3.1

an

instrument

Land

duly

registrable form:

requesting registration of this Deed by the Landowner, and

on

the title to the

executed

33.3.2 the written irrevocable consent of each person referred to in of the Act to that registration.

I 33.4

I

The Landowner is to do such other enable

33.5

registration of this Deed

The Parties

notation

I

33.5.1

are

so

things as are reasonably

necessary to

occur.

things as are reasonably necessary to remove any to this Deed from the title to the Land:

to do such

relating in

to

s93H(1)

far

the part of the Land concerned is

as

a

Final Lot,

33.5.2 in relation to any other part of the Land, once the Developer and Landowner have completed their obligations under this Deed to the reasonable satisfaction of the Councilor this Deed is terminated or

I

otherwise

comes

to an end for any other

reason.

I 34

I

Restriction 34.1

I

The

on

dealings

Developer and

34.1.1

sell

34.1.2

assign

or

Landowner

are

not to:

transfer the Land, other than the

a

Final Lot, or

Developer’s or Landowner’s rights or obligations

under this

Deed, or novate this Deed, or 34.1.3

I

assign any rights in respect of the Option Land,

to any person

u.nless:

I 27

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II

CAR CAR

Rhodes West Station Precinct

I -

Marquet

& Walker Streets

Planning

Agreement

City

of Canada

Walker Street

DL

Bay Council

Development Pty Limited

I

& Ors

I 34.1.4 the

Developer and Landowner have, at no cost to the Council, fir~t procured the execution by the person to whom the Land or part is to be sold or transferred or the Developer’s or Landowner’s rights or obligations under this Deed or in respect of the Option Land are to be assigned or novated, of a deed in favour of the Council on terms reasonably satisfactory to the Council, and

I

I

34.1.5 the Council has given written notice to the Developer and Landowner stating that it reasonably considers that the purchaser, transferee,

assignee or novatee, is reasonably capable of performing obligations under this Deed, and 34.1.6 the

Developer and Landowner are

not in breach of this

I

its

Deed, and

34.1.7 the Council otherwise consents to the transfer, assignment

I

or

novation, such consent not to be unreasonably withheld. 34.2

Clause 34.1 does not apply in relation to any sale or transfer of the Land if registered on the title to the Land at the time of the sale.

I

this Deed is

Part 9

35

I -

Indemnities & Insurance

I

Risk 35.1

36

The

Developer and Landowner perform

own

cost.

I

this Deed at their own risk and their

I

Release 36.1

The

Developer and Landowner release the Council from any Claim they may have against the Council arising in connection with the performance of the Developer’s or Landowner’s obligations under this Deed except if, and to the extent that, the Claim arises because of the Council’s negligence or default.

I I

37

Indemnity 37.1

I

The Developer and Landowner indemnify the Council from and against all Claims that may be sustained, suffered, recovered or made against the Council arising in connection with the performance of the

Developer’s or

Landowner’s obligations under this Deed except if, and to the extent that, the Claim arises because of the Council’s negligence or default.

I I

Part 10

38

-

Other Provisions

I Annual report

by Developer

I

20524643_1.DOCX 28 20524643.1

CAR CAR

I

Rhodes West Station Precinct

I

Marquet & Walker Streets Planning

DL

Agreement

City of Canada Bay Council Walker Street

I

-

Development Pty Limited

& Ors

~ 38.1

The

Developer is to provide

of the date

on

performance 38.2

I

I

39

to the Council

by

which this Deed is entered into

of its

not later than each a

anniversary report detailing the

obligations under this Deed.

report referred is to be in such a form and required by the Council from time to time.

The

to address such matters

as

Review of Deed 39.1

The Parties agree to review this Deed every 5 years, and otherwise if either party is of the opinion that any change of circumstance has occurred, or is imminent, that materially affects the operation of this Deed.

39.2

For the purposes of clause 40.1, the relevant changes include (but are not limited to) any change to a law that restricts or prohibits or enables the Councilor any other planning authority to restrict or prohibit any aspect of the

I I

Development. 39.3

I

For the purposes of addressing any matter arising from a review of this Deed referred to in clause 40.1, the Parties are to use all reasonable endeavours to

agree 39.4

I

on

and

implement appropriate amendments to this Deed.

illegal, unenforceable or invalid as a result of any change to a law, the Parties agree to do all things necessary to ensure that an enforceable agreement of the same or similar effect to this Deed is entered If this Deed becomes

into.

I

39.5

Party to agree to take action requested by the other Party as a is not a consequence of a review referred to in clause 40.1 (but not 40.4) Deed. of this breach is not and a Deed of this the purposes Dispute for

A failure

by

a

I 40

I

Notices 40.1

I

Any notice, consent, information, application or request that is to or may be given or made to a Party under this Agreement is only given or made if it is in writing and sent in one of the following ways: 40.1.1

delivered

or

posted

to that

Party at its address set out in the Summary

Sheet, or 40.1.2 emailed to that

I

Party

at its

em ail

address set out in the

Summary

Sheet. 40.2

If

a

Party gives the other Party

3 business

days

notice of a

change of its

email, any notice, consent, information, application or request is to only given or made by that other Party if it is delivered, posted or emailed address

I

or

the latest address.

I

40.3

Any notice, consent, information, application given or made if it is: 40.3.1

I

or

request is to be treated

as

delivered, when it is left at the relevant address,

40.3.2 sent

by post, 2 business days after

it is

posted, or

I 29

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II

CAR CAR

Rhodes West Station Precinct

I -

Marquet

It Walker Streets

Planning

DL

Agreement

City of Canada Bay Council Walker Street

Development Pty Limited

I

It Ors

I 40.3.3 sent

by email and

the sender does not receive a delivery failure from the sender’s internet service provider within a period of message 24 hours of the email being sent.

40.4

If any notice, consent, information, application

or

I

request is delivered, or an

free transmission report in relation to it is received, on a day that is not a business day, or if on a business day, after 5pm on that day in the place of the Party to whom it is sent, it is to be treated as having been given or made at the beginning of the next business day. error

41

I I

Approvals and Consent 41.1

41.2

42

I

Except as otherwise set out in this Deed, and subject to any statutory obligations, a Party may give or withhold an approval or consent to be given under this Deed in that Party’s absolute discretion and subject to any conditions determined by the Party. A Party is not obliged to give its reasons for giving for giving consent subject to conditions.

or

withholding

consent

I

or

I

Costs 42.1

Developer is to pay to the Council the Council’s costs not exceeding $100,000.00 of preparing, negotiating, executing and stamping this Deed, and any document related to this Deed within 60 days of a written demand Council for such payment.

42.2

I

The

I

by the

The

Developer is also to pay to the Council the Council’s reasonable costs of enforcing this Deed within 60 days of a written demand by the Council for

I

such payment.

43

I

Entire Deed 43.1

This Deed contains everything to which the Parties have agreed in relation to the matters it deals with.

43.2

No

Deed

44

I

Party can rely on an earlier document, or anything said or done by another Party, or by a director, officer, agent or employee of that Party, before this was

I

executed, except as permitted by law.

Further Acts 44.1

45

Party must promptly execute all documents and do all things that another Party from time to time reasonably requests to effect, perfect or complete this Deed and all transactions incidental to it.

Governing 45.1

I

Each

I

Law and Jurisdiction

I

This Deed is governed by the law of New South Wales.

I

20524643_1.DOCX 30 20524643.1

CAR CAR

I

I Rhodes West Station Precinct

~

-

Marquet

&. Walker Streets

Planning

Agreement

DL

City of Canada Bay Council Walker Street

Development Pty Limited

&. Ors

m 45.2

I 45.3

The Parties submit to the non-exclusive jurisdiction of its courts and courts of

appeal from

them.

The Parties

are

I 46

I

object to the exercise of jurisdiction by those courts on

Joint and Individual 46.1

Except as otherwise 46.1.1

I

Liability and Benefits

set out in this Deed:

Deed any agreement, covenant, representation or warranty under this them of and each them binds individually, 2 more or jointly by persons and

46.1.2 any benefit in favour of 2 or more persons is for the benefit of them jointly and each of them individually.

I m

not to

any basis.

47

No Fetter 47.1

requiring Council to do anything that would cause obligations at law, and without construed as shall be limiting or fettering in any way the limitation, nothing exercise of any statutory discretion or duty. Nothing

in this Deed shall be construed

as

it to be in breach of any of its

I

I

48

Illegality 48.1

I

any part of it becomes illegal, unenforceable or invalid as a result of any change to a law, the Parties are to co-operate and do all things the same or similar necessary to ensure that an enforceable agreement of If this Deed

or

effect to this Deed is entered into.

m 49

I

Severability 49.1

If

a

clause

or

part of a clause of this Deed but

can

can illegal, unenforceable or invalid, legal, enforceable and valid, it must be read

I

49.2

be read in

also be read in

a

way that makes it way that makes it

a

in the latter way.

If any clause or part of a clause is illegal, unenforceable or invalid, that clause rest of this Deed is or part is to be treated as removed from this Deed, but the not affected.

I 50

I

Amendment 50.1

No amendment of this Deed will be of any force or effect unless it is in writing of the and signed by the Parties to this Deed in accordance with clause 25D

Regulation.

I 51

Waiver

I 20524643_1.DOCX

I

20524643.1

CAR CAR

31

Rhodes West Station Precinct

I -

Marquet

& Walker Streets

Planning

DL

Agreement

City

of Canada

Walker Street

Bay Council Development Pty Limited

I

& Ors

I 51.1

The fact that a

Party fails to do, or delays in doing, something the Party is Deed, does not amount to a waiver of any obligation of, or breach of obligation by, another Party. entitled to do under this

51.2

A waiver

51.3

A written waiver

by a Party is only effective

if it is in

writing.

by Party only effective in relation to the particular breach in respect of which it is given. It is not to be taken a

I

is

obligation or implied waiver of any other obligation or breach or as an implied obligation or breach in relation to any other occasion.

52

I

as an

waiver of that

I

GST 52.1

I In this clause:

Adjustment Note, Consideration, GST, GST Group, Margin Scheme, Money, Supply and Tax Invoice have the meaning given by the GST Law. GST Amount

payable

means

in relation to a Taxable

in respect of the Taxable

Supply the amount of GST

Supply.

GST Law has the

meaning given by

Services

1999 (Cth).

Tax) Act

I

the A New Tax

I

System (Goodsand

an

I

Taxable

I

that supply.

I

Input Tax Credit has the meaning given by the GST Law and a reference to Input Tax Credit entitlement of a party includes an Input Tax Credit for an acquisition made by that party but to which another member of the same GST Group is entitled under the GST Law.

Supply has the meaning given by the GST Law excluding (except where expressly agreed otherwise) a supply in respect of which the supplier chooses to apply the Margin Scheme in working out the amount of GST on

52.2

Subject to clause53.4, if GST is payable on a Taxable reference to or in connection with this Deed, the

Supply made under, by Party providing the

Consideration for that Taxable additional Consideration.

I

Supply must also pay the GST Amount as

52.3

Clause 53.2does not apply to the extent that the Consideration for the Taxable Supply is expressly stated in this Deed to be GST inclusive.

52.4

No additional amount shall be payable by the Council under clause 53.2 unless, and only to the extent that, the Council (acting reasonably and in accordance with the GST Law) determines that it is entitled to an Input Tax Credit for its acquisition of the Taxable Supply giving rise to the liability to pay GST.

I

If there

I

52.5

I

Supplies for Consideration which is not Consideration expressed Money under this Deed by one Party to the other Party that are not subject to Division 82 of the A New Tax System (Goodsand Services Tax)Act 1999, the Parties agree: as an

52.5.1

are

amount of

I

to

negotiate in good faith to agree the GST inclusive market value of those Supplies prior to issuing Tax Invoices in respect of those

Supplies;

I

52.5.2 that any amounts payable by the Parties in accordance with clause 53.2 (as limited by clause 53.4)to each other in respect of those

I

20524643_1.DOCX 32 20524643.1

CAR CAR

I

I Rhodes West Station Precinct

I

& Walker Streets

Planning

DL

City of Canada Bay Council Development Pty Limited

& Ors

Supplies will be set off against each other to the extent that they are equivalent in amount.

I 52.6

I

No payment of any amount pursuant to this clause 53, and no payment of the GST Amount where the Consideration for the Taxable Supply is expressly agreed to be GST inclusive, is required until the supplier has provided a Tax Invoice

52.7

I

or

Adjustment

Any reference

Note

as

the

case

may be to the

or

similar amount to

a

recipient.

of any indemnity, cost, expense or other liability incurred

in the calculation of Consideration

reimbursement

or

party, must exclude the amount of any Input Tax Credit entitlement of that party in relation to the relevant cost, expense or other liability.

by

I

52.8

53

a

This clause continues to

Explanatory 53.1

I

Marquet

Agreement

Walker Street

I

-

or

termination of this Deed.

Note

The Appendix contains the clause 25E of the

53.2

apply after expiration

Explanatory Regulation.

Pursuant to clause

Explanatory Note

Note

relating

to this Deed

required by

25E(7) of the Regulation, the Parties agree that the construing this Planning

is not to be used to assist in

Deed.

I

I I I I I I

I

I I 20524643_1.DOCX

I

20524643.1

CAR CAR

33

Rhodes West Station Precinct

I -

Marquet

& Walker Streets

Agreement

City

of Canada

Walker Street

Planning

DL

Bay Council

Development Pty Limited

I

& Ors

I I Schedule 1

I

(Clause 10)

I

Development Contributions See table on

I

following pages

I I

I I I I I I

I

I I

I

20524643_1.DOCX 34 20524643.1

CAR CAR

I

. .-

to

space Premis . C e r t i f c a e Building is ue pro sed Building flo r Retail

I’.,. 4

a

Land which

to

to

of

the

~lt.~ ..,

the

per

to

.

a

prior

On

,

on lot

35

Subdivson create which contain contais used a

a

,

for

is

I,’

Ag

I

~.

Planig

square ther of)

Descripton Devlopmnt Contribu

3

Column ,.-

part

$70 .0 metre Gros Devlopmnt for

(or

Contribu s Devlopmnt

~

P~rpose

2

Marquet Limted Column Precint Council

Devlopmnt

,

Public

Pty

,

"

..

,

1

Can da Stre t Column ’Item;Rhodes City Walker

,..,

West

of

in is

purose

each Area that

8t

Bay

to of

Flo r

the for

ground

DPremis evlopmnt. at

the of

used Retail level

be

of

square ther of)

the

to

in is

each Area that

for

part

(or

Flo r

$350. 0 metre Gros

of

purose

above the of

Premis level

Devlopmnt Retail ground Devlopmnt. the

for

used

square each for

$350.

.

..

-

the

,.!

Ors

8t

be

of

.

,.

of

Strets Walker

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basis

""{

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DL

be

. ,

1

if

in

and, the

Centre remain,

pfunds urose

."

any

Flo r

Monetary GRretoasil contribu

Area

A .

Part

8

Recration public Schedul

-

~

listed

1

CAR CAR

205463_1.DOCX 205463.1

be

to

basis

Land which

a

space C e r t i f c a t e i s u e Building pro sed Building flo r Comercial to

of

the

DL

per

the

Subdivson create which contain contais used Premis . a

a

a

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on lot

to

prior

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be

to

to

for

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the

prior

to

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the

on lot

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the

to of

ther of) Area that purose in is

part

Strets Walker

Flo r

the

for

used

Ors &

Marquet Limted Pty

-

Precint Council Bay

Devlopmnt

Can da Stre t Rhodes City Walker West

be

of

below the of

Premise level

metre Gros Dev lopm nt Retail ground Devlopmnt.

(or

&

Sta ion

be

of

square ther of)

in is

CFlo r omercial

each Area that part

$350. 0 metre Gros Devlopmnt Premis . for

(or

is

of

the to

for

used

square ther of) Aditonal each

the and that in to

the GFA

in

and, the

part

(or

Centre remain,

and, the

listed

purose funds

8

Recration public Schedule any

Centre remain,

each for

part

for

the

used

$105.0

in d

list 8

Recration public Schedule any

Area

modatin Flo r

Comercial Flo r contribu

Residntal Ac om Gros contribu

2.

3.

of

purose

square

25 the

of

pfunds urose

Gros Area

flo rs

$574.0 metre Residntal Devlopmnt including Residntal Acom datin. for

if

if

up

of

36

a

a

to

a

On

Land which

CAR CAR

205463_1.DOCX 205463.1

-

_rIJ"~!B

basis

Land which

a

of

space

on

DL

per

the

lot

to

a

prior

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a

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for

is

be

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to

Building is ue Certifcae pro sed Building flo r Hotel. to

the

basis

Land which

a

to

space Serviced C e r t i f c a e i s u e Building pro sed Building flo r to

of

the

per

the

on lot

to

a

prior

On

a

Subdivson create which contain contais used Apartmen. a

a

37

for

is

Ag of

Planig

in

metre Residntal Devlopmnt flo rs purose Acom datin. part the

Stre ts Walker

(or

part

the

Ors

&

&

Pty

-

Staion

of

Bay

Devlopmnt

Can da Stre t Rhodes City Walker West

is

that

used Hotel.

of

the the 25 for

ther of) Aditonal GFA above used Residntal

Marquet Limted Precint Council

-

be

to

of

square ther of) Aditonal

the

a

is

in

that GFA part the

each

for

(or

$70 .0 metre

of

part the

Residntal Devlopmnt

of

purose the for

square ther of) Aditonal the used of

that GFA part the

each

for

purose Apartmen.

$70 .0 metre part Residntal Serviced (or

the

the

for

in

in

and, the

Centre remain,

and, the

listed

pfunds urose

Centre remain, 8

Recration public Schedul any

Gros

Devlopmnt

of

of

if

if

Flo r

a

is

in

contribu

Hotel Area

of

4.

listed

purose funds

8

Recration public Schedul any

Gros Area

Serviced Apartmen Flo r contribu 5.

XCOD.1_

CAR CAR

205463 205463.1

for

basis

C e r t i f c a t e Building is ue ground

DL

a

of

the

per

to

a

relvant

the of

the

is ue

of

Construcion construi Building

the

above

to

prior any

On

Certifcate

Ocupation

the in

Building final the

Prior last for

Devlopmnt.

Ag

comunity

2

Planig

Schedule

Stre ts Walker

of

set As

Ors

listed

Marquet Limted purose public Schedule Precint Council

Centre

8

Pty

-

Sta ion

Bay

Devlopmnt

Can da Stre t Rhodes City Walker West

The

contribu R CF

of

the and

Schedule

De d.

centre with the this including leisure carp k design subject faciltes indo r public conept and provis n in

Construcion acordne descripton

out

&

an

at to of

in

&

5

and

Recration

in

Centre

Works -

Recration

B

6.

Part

7.

-

38

CAR CAR

205463_1.DOCX 205463.1

_-~I!

the of

Certifcae

is ue

Building

the

final

OPrior cupation

DL

to

the

last for

Ag

Devlopmnt.

39

be of

Planig

7-

to is

Council Item Centre, which

to

Strets Walker

Ors

&.

&.

Dedicaton Recration located on

land

Marquet Limted Precint Council

Centre

Pty

-

Staion

the in

Bay

Devlopmnt

Can da Stre t Rhodes City Walker West

of

Recration

Dedicaton Land -

Centre for

Land

C

8.

Part

Recration

CAR CAR

205463_1.DOCX 205463.1

(CPI

Ap lied

200

CPI

106.6) $4,23 .84 $5,7 4. 9 $7,69 .36 $8, 54.2 $10, 9.34 $10,7 9.04 $15,398.62

’14

Sep

-.

..I.

-!

for

$2,91.23

$83.76 $196.5

-

employnt

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create would

-

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Total 132. 0 3 17 - rJ.~ 95 23 $5,460.3 16,279.35 $7,098.3 1~ 64 . 2 ~ 920.6

~ -

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Roads

$630.3 $859.5 - -r

I

Ag

CSchedul ontribuon

Planig

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Faciltes

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20 1.

$

Devlopmnt

Can da Stre t Rhodes City Walker West

of

-

part as

dbedrom evlopment,

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Novembr beusiendg no-residtal Ofice a

that

version

of

-

&

Retail

capble unlikely rate

of

Framework,

Pty

Bay

indv ual

as

&

-

-

an

this

Com,!unity ~176.4 42.0~1_ i~138.9 12,459.83 $2,780.67 1~!.9 4~ 4,27.96

building of

time

Ors

Marquet Limted Precint Council

(Recalibrted was

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_

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Strets Walker

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93.61!~_ $2,175.26 54.136!~ 5.10,2~_ i~827.84

it

Rhodes

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1

2

2

3

3

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the

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(Per

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Care Child

Roms’

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Notes: The ’Other

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The

employs.

1) 2) 3)

CAR CAR

205463_1.DOCX 205463.1

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41

Ag

Planig Strets Walker

Ors

&.

&.

Marquet Limted Precint Council

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Devlopmnt

Can da Stre t Rhodes City Walker West

of

CAR CAR

205463_1.DOCX 205463.1

Rhodes West Station Precinct

City

of Canada

Walker Street

I -

Marquet

& Walker Streets

Planning Ag

Bay Council

Development Pty

DL

I

Limited & Ors

I Schedule 3

I

Proposed Gross Floor Areas Stage

Site Area

(m2)

’AJ)proved’ GFA

’Additional’GFA

(m2)

Total

(m2) Stage

1A

4018

Stage 18

8345

4546

9441

Residential- 19,722 Total = 19,722 Retail

=

Residential Total

Stage 2A

3370

6999

=

6999

=

=

=

Residential Total

=

18,331

=

2037

4230

16,967

Retail 1200 Commercial 1200 Residential 2642 Total = 5042 =

=

=

=

Community/leisure centre Total Retail

=

23,966

=

Residential =

FSR of 1.76:1 under SREP 29 and 2.0768:1 under C8LEP 2013. Total site area for 34 Walker Street (Stages 2A and 28)is 6470sqm.The site is split into two calculating the approved GFA. Additional GFA based on agreed GFA allocation.

=

=

1200

6872

as a

I

I

9272

I

on

Additional GFA permitted

=

1200

Commercial Total

I

15,430

Notes:

Approved GFA based

I

=

8536

=

Stage 3

=

25,330 26,199

=

Residential

Community/leisure centre =

I

3582

18,822 34,428

=

Residential Total

8431

8536 Total

=

Retail- 869

19,200

Residential

28,067 28,067

=

Commercial

9381

I

-

Retail- 11,754

3582

Retail- 869

Total 3370

Total

24,717

Residential

Stage 28

Residential

11,754

Commercial

Proposed GFA (m2)

equal portions for the purposes of

I

result of the proposed Instrument change.

Staging: Stage 1A: 6-14 Walker Street Residential Tower A and basement parking Stage 18: 21 Marquet Street Residential Tower B and retail and commercial -

I

-

Stage 2A: 34 Walker Street Residential Tower A and retail Stage 28: 34 Walker Street Residential Tower 8 and community/leisure centre Stage 3: 23-25 Marquet Street, Residential Tower, retail and commercial -

-

I I

I

I I I

20524643_1.DOCX 42 20524643.1

CAR CAR

I

I Rhodes West Station Precinct

I

-

Marquet

& Walker Streets

Planning Ag

City of Canada Bay Council Walker Street

Development Pty Limited

& Ors

I

Schedule 4

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20524643.1

CAR CAR

I Rhodes West Station Precinct

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Marquet

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City of Canada Bay Council Walker Street

Development Pty Limited

DL

& Ors

I

I I

Schedule 5

I

Recreation Centre

Design

Brief for the

Proposed Rhodes Leisure Centre; Rhodes Indoor Leisure Centre Voluntary Planning Agreement Performance brief dated 11 November 2014 prepared by WSP; SJB Drawing Nos A-0204 Rev 4; A-0205 Rev 4;A-0206 Rev 4; A-207 Rev 4, A-0208 Rev 4; A-0602 Rev

I

-

I

4; Acoustic Isolation requirements drawings dated 27 November 2014 prepared Page Kirkland cost plan dated 12 November 2014; and

by WSP;

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Atlus

Preliminary Fixtures and finishes Schedule Rev

3 dated 12 November 2014.

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RPrelimnay hodes does Cold L e i s u r e includes: SheD Fixtures 1:

Caf

Childcare Childcare

Parent Toilets

Comercial Comercial

Outdor

Meting

Ro m

Lob y

Recption

Foyer

not

Ro ms

include,

and

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431

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alownce

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00

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provis nal ’Cold to

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to

to

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Shel

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aces

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down lights

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System

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for

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wall

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tile

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to

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feature

to

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lings,

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0 x1

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lings,

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n

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492

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alownce

tiles

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71

ceramic ceramic

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track

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lights

lights

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4x

6x

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6x

6x

6x

20x

4x

System Audio

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/

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/

/

/

/

/

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PA

PA

PA

PA

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po l over

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lazin

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s

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to

to

to

to

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s

s

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20x

4x

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Shel

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4x

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lights

downlights

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lights

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lights

downlights

hts

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-

-

-

for

exhaust

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Shel

data.

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Shel

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’Cold

Shel

Shel

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x 1

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U

U ctl

windows, fit ngs.

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t""I

shop lin gs. wal s, wal

linmgs,

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Shel

Shel Tile

672

30x30 tiles 30x30 tiles 20x20 60x60

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tile

206

27

30x30 tiles

Timber

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Tile

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36

Tile

tile

35

47

19

106

342

Tile

Tile

Tile

110

56

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Shel

Shel

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Carpet

Shel

Shel

C e r a m i c C e r a m i c C e r a m i c C e r a m i c c e r a m i c Ceramic

ceramic Ceramic Ceramic

ceramic

front light

Schedul

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I

F +E.

mter-nacy

ceramic ceramic ceramic

ceramic

ceramic ceramic

ceramic

Paneling Paneling Paneling Paneling PPainted lasterbod Painted Plasterbod Acoustic Acoustic Acoustic Acoustic

’Cold Carpet ’Cold 276

43

113

-

Centre

x2

include; Shs/l not Cold does

FLeisure ixtures includes;

Rhodes Prelimnary

18

200

586

246

120

18

M

-

and

22

23

flo r W

Finshe

Concret

Concret Carpet Carpet Rub er Sprung flo ring Ruber Rub er

Lob y

Comercial

Change Toilets

Ro m Staf

Toilets

Family Unisex

Pool

Swim ng

Of ice AETL Store

Aid

First

Change Ro m Plant Memb r

Change Sauna Steam

Member

Manger

Ro m Of ice

Comercial Centre Comercial Store Asemnt

Club Club

Fitnes

Ro m

Health Health Group

Welns &

Cycie Health

Store

1:

Note I

I

~

~

a

I n

Note

RPrelimnay hodes does Cold L e i s u r e includes: SheD Fixtures 1:

Store Store

Breakout Space

B.O.H

Multi-Spors

Store

Stadium

Lob y

not

Include,

Hall

and

Finshe 33 28

1703

892 291

142

flo r 125

88

Carpet florin Sprung Concret florin Sprung Concret

Concret Concret

Timber

Plasterbod

Tile

Timber

wals, shop

lings,

front

wF +E. indos,

Painted

Plasterbod

wall

light

Ceramic

Painted

inter-acy

lings,

120x60

Schedul

,sgnitf

base

supend bUIlding ceilngs coneti

Concret Concret Plasterbod Painted Acoustic Concret Acoustic Concret Plasterbod Painted Panelig Panelig Wall Concret stem Propietay Clading

POl!7ts tor air

S

,gniotdc

Timber

telcom, LEV E L

dat,

exhaust

o 3

Flo r

Alumin

to

ceil ng

glaZing

perfomanc

sytem.

Swipe

Aces PA

PA

PA

PA

/

/

/

/

Audio Audio

Audio

Audio

System System

System

System

10x

21x 15x

30x

8x

4x

Fluorescnt

High Bat en

High Bat en

Track

Bay

Bay

Lights

4x 4x

Bat en Bat en Liahts Lights

downlights

Lights

Li

hts

Lights

Li

hts

20x

Fluorescnt Downlights

-

-

12. 04

I I

Rev 03

Centre

I SUMMARY CANADA BAY COUNCIL

I

---------------------------------------------------------------------------------------

LC COST PLAN 4 CBC

Job Name:

:Client’s Name:

I

Job

Billbergia

Description

34 Walker Street

:_----------------------------------------------------~~~~~~ ~~~~~?!~~------------------

ITrd

Trade Description

Trade

Costlml

Sub Total

Mark

Trade

Up%

Total

I

I

; No.

0/0

~ARKING

23.05

LEISURE CENTRE

I

.

.

-

--

-_.

-

..

-

I

12,940,187

37,196:7681

37,196,768

3,392,858

3,392,858

588,040

588,040

1.05 .--

J

tION.

54.117.853

COST CONSULTANTS

I

..

6.04

EXTERNAL WORKS

I

12,940,187

66.271.

...

PROVISIONAL SUMS

t tAi, CONs f

[

3.59

2,015,000

TOTAL DESIGN AND

I

CONSTRUCTION COST 100.00

m

2,015,000

56,132,853

56.132.853

56,132,853

Final Total: $

56,132,853

I I I m I ~ I

I

I I I ALTUS PAGE KIRKLAND PODltM BUllOlll’G SYONEY 2000

I

Page:

1

of

1

Date of I’rint ng: /2/Novl/4

Glohal Estimating System (32Bil)

J

.

I

DETAIL ----------------------------------------------------------------------------------------------,

Job Name:

Job

LC COST PLAN 4 CBC

Description

I

I

Client’s Name:

34 Walker Street

BiIlbergia

I

Leisure Centre Works -

-

---

---

_._-----

-

Item

Item

------

. _.

-----

_.

_.--

-

-

-

.-

--

---

._----

Amount

I

Up%

No.

1 PARKING

Trade:

..0

’0

0_

..._-.

00.

..

.0

I

.

Structural Works and Services ".

".-

..

.

1 Allowance for parking area

._-------

...

-

olGeneral -_.

-------

Mark

Rate

Unit

Quantity

Description

-------_.

-

.-

.

-

.".

.0

-

.

-

..

0

780.80

8,236,659.20

152,500.00

152,500.00

10,549.00 m2

(allowed for "Public Parking"

only)

2 Allowance for ammortised contribution to

rock anchors etc. (amortised through all

1.00 Item

substructure,

parking

and

I podium levels)

1.00 Item

perimeter (assume reinforced blockwork walls with no shoring required)

1,087,935.00

1,087,935.00

I

Allowance for excavation costs associated with the

39,980.00 m3

85.40

3,414,292.00

above (~xcludif!g ramp) -

6 Decontamination works ENM ..

or .

I

Provisional Sums)

4 Additional works for retaining wall to

J.;

INCL

Item

:3 Additionl allowance for pay stations/ticket machines etc. (in

I

or

...

00

-

-

-_..

_..

disposal of soff other than

EXCL

I

VENM is excluded "."

-_.-

07 Contribution towards substation and

-_.

--

----

--

--->

HV works

--

--".-----

---"

1.00 Item

_.-

o.

._.._-

.-

-

.0

..

.0

..-

48,800.00

48,800.00

I

(amortised across entire stage) Preliminaries and Marl:;in ~ Preliminaries and

INCL

Item

Margin

Total:

PARKlNG

12,940,186.20

I I

I I I

I I

I ALTUS PAGE KIRKLAND PO!)WM BlIlLDING SYDNEY 2000

Page:

of

14

I

Date of Printing: 12/Nov/]4

Global Estimating System (32Oil)

-

J

I

I DETAIL

c LC COST PLAN 4 CBC

ob Name:

Job

Description

I .

Crhe~t’s Na.me:

BiIlbergia

34 Walker Street

_._.

Item

~I

.1

Leisure Centre Works

Item

Description

Quantity

--

----

Unit

..

-

Rate

Mark

No.

Amount

Up%

i I

c

Trade:

2 LEISURE CENTRE

I

I

.. ..

..

f

Substructure

I

1 Allowance for amortised contribution to substructure

m

rock anchors etc. (amortised through all

._.

t

r

.

1.00 Item

175,680.00

..

.

175,680.00

parking and

podium levels) 2 Subtotal’ ..

m

. ..

..

-_..,.

...

175,680.00 .. .-

.

Structure -

I

..

Upper Floors ..

3’Elemental allowance for PT flat slabs including

m

..

..

11,410.00 m2

280.60

3,201,646.00

11,410.00 m2

109.80

1,252,818.00

250.00 m2

244.00

61,000.00

1.00 Item

244,000.00

244,000.00

1.00 Item

79,300.00

79,300.00

1.00 Item

122,000.00

122,000.00

3,592.00 m2

91.50

328,668.00

667.00 m2

91.50

61,030.50

73.20

310,221.60

concrete, reinforcement and formwork 4 E/O slabs for transfers at all levels due to

c

likely

changes in column lines etc 5 E/O slabs for cantivlevered slab at level 3 ~ E/O to floor slabs for forming sides walls and floor to

swimming pool

D

. .. _.

.,

.

E/O to floor slabs for slab works for set downs, extra beams etc. to accommodate wet edge swimming pool

I

~ E/O to floor slabs for forming steps and ramps at road level

Columns (j Unit rate for columns to Levell

c

(5m high)

10 Unit rate for columns not within level I leisure centre area, which

support level 2 lei~ure centre structure .

_..

I

11 Unit rate for columns to level 2 (4m high)

m2

4,238.00 .-

. .

..

12 Unit rate for columns to level 3 (12Am high)

..

231.80

3,580.00 m2 ..

13 Allowance for columns to B 1

c

Leisure Centre

I

supporting Level

I &2

---

829,844.00 .

.

1.00 Item

129,259.00

129,259.00

area

14 Subtotal

6,619,787.10

Roof

I cI

I

i

II !

15 The

following costs exclude area with

I

Note

residential slabs

L

over

watreproof membrane, etc. to area outside of residential footprint 1 ~ Allowance for lightweight roof to multipurpose I area/gymnasium 1 Allowance for lightweight roof to level 2 pool and change area (where slab sets back)

I

390AO

1,175.00 Item

16 Alllowance for concrete roof complete with

I I

I

2,781.00 m2

I

I

I ,

I

475.80

I

1.00 Item

19 Allowance for roof vents

I

i

475.80

I I

I

I

I! i

1.00:

f

24,400.00 !

I I

24,400.00 I

I ,

305,000.00

305,000.00

Item

I

21 Allowance for shade umbrellas to outdoor child area (Included in

provisional sums)

care

Item

I

C ALTUS PAGE KIRKLAND POOIliM BlJJLDING SYONEY 20011

I

133,699.80

I

,

2~ Allowance for eaves/feature fascia detail

1,323,199.80

i

I

281.00 m2

458,720.00

I

Page:

2

of

14

i

I

i

INeLI

Oate of Printing: 12/Nov/14

Global !’.slima/lng System (32Bit)

-

J

I DETAIL ~ob Name:

LC COST PLAN 4 CBC

fU,"t"

BiIlbergia

N.m"

I Job

Description

34 Walker Street

I I

Leisure Centre Works

-

---.---

-

-

-

Item

Item

----

-

-

.-

Description

-

--

-

--

--

-

-

Unit

Quantity

_.

-

---

._--

---

--

Mark

Rate

No.

--

.

Amount

I

Up%

Trade:

(Cantinued)

2 LEISURE CENTRE ..

I

._-

-

_..

22 Allowance for entrance awning to Level

1

..

.

..

.-

1.00 Item

lobby .-

..~-

-

-"

..._--,-

-j

61,000.00

I

-

61,000.00

..

2J Subtotal

2.306,019.60

...

..._-

-

-

-

.

..

..

I

..

Stairs ..-

.

-

_.

-

_.

-

-

.

24 Allowance for fire stairs

".__.

..-

..

.-

..._-

---

including halflandings, etc.

33.00 m/rise

3,050.00

100,650.00

91,500.00

91,500.00

(level 2 & 3 only)

2~

Allowance for arhitectural staircase complete with semi

1.00 Item

I

fraIpeless glass balustrac!es ...

-

-..

--_.__.

_.

"._-

2t Subtotal

192.150.00

.

..-

..

.

.

_.

...

-

._.

-

._.

-

-

I

_.

Facade (Extent of I:;lazin2; is as ~er the marked u~ drawin~s) 27 Allowance for full 2~ Extra

over

full

height toughened glazing to Level

I

484.00 m2

1,098.00

531,432.00

84.20 m2

122.00

10,272.40

2,191.00 m2

915.00

2,004,765.00

height toughened glazing for louvres

I

(sav 20%) i9

Allowance for full height curtain wall system to levels

I

2&3 .

30

’. ..

-

..-

---

Allowance for proprietory aluminium system to 70% of external

sun

control

-

549.00

1,028,277.00

1,871.00 m2

610.00

1,141,310.00

1.00 Item

183,000.00

183,000.00

1.00 Item

42,700.00

42,700.00

glazing

31 Allowance for solid walls

32

_.

1,873.00 m2

Allowance for feature walls/blade walls at Level 1

I

entrance

33 Allowance for skylights to pool

areas

34 Subtotal

I

4.899,056.40

External Doors

31:

Allowance for glazed double entry doors

3t Allowance for sundry

glazed door to shopfronts

1.00 Item

30,500.00

30,500.00

1.00 Item

21,960.00

21,960.00

1.00 Item

30,500.00

30,500.00

I

I

3

Allowance for sliding folding doors to cafe

--

area

3~ Subtotal

I

82,960.00

I

Internal Walls 3( Levell 4( Concrete lift shaft walls

including reinforcement

132.00 m2

390.40

51,532.80

122,000.00

122,000.00

1,144.00 m2

305.00

348,920.00

396.00 m2

793.00

314,028.00 I

41 Fire rated masonry walls to fire stairs

1.00 Item I

42

Masonry

Inter tennacy and internal

dividing walls

I

43 Glazed

I

44 General allowance for walls not shown

shopfronts

to commercial areas

4

drawings

1.00 Item

I

213,500.00

I

Allowance for toilet & shower partitions to change

1.00 Item

213,500.00 i

24,400.00

24,400.00

areas

ALTUS PAGE K1RKLAND PODIUM BUILDING SYDNEY 2000

I

I

on

L-I

I

I

Page:

3

of

14

I

Dllte of I’rioting: 12/Nov1l4

Global ESlimallng System (32Bil)

I

J

.

I

m DETAIL

I ~ob Name:

LC COST PLAN 4 CBC

IfU’.’" Na~"

Job

BiIlbe<gla

Description

34 Walker Street

Leisure Centre Works

i1uem

Item

Description

Unit

Quantity

Rate

Mark

No.

Amount

Up%

,

Trade:

~I 4~

2 LEISURE CENTRE

(Col/linued)

.

..

.

.

4~ Level 2

I

I

~I

Concrete lift shaft walls

4

___0.

Fire rated masonry walls to fire stairs

I

1m2

I

Masonry

Inter tennacy and internal dividing walls

on

122,000.00

I

122,000.00

I’

716,750.00

..

305.00

,

.

150.00 m2

drawings

46,848.00

I

2,350.00 m2

shopfronts to swimming pool area

I

390.40

.

..

5~ Glazed

I

,

1.00 Item ..

51 General allowance for walls not shown

C

I

1 120.00

inc1uding~einforcement _

4

"I

,

854.00

I I

128,100.00

1.00 Item

213,500.00

213,500.00

1.00 Item

280,600.00

280,600.00

390.40

232,678.40

244,000.00

244,000.00

1,352.00 m2

305.00

412,360.00

620.00 m2

976.00

605,120.00

52 Allowance for toilet & shower partitions to change areas

5., Level 3

B

54 Concrete lift shaft walls

including reinforcement

596.00 m2

55 Fire rated masonry walls to fire stairs

C

56

Masonry

1.00 Item

Inter tennacy and internal dividing walls

57 Frameless

toughened glass viewing walls to stadium

area

c

58 General allowance for walls not shown

on

1.00 Item

drawings

183,000.00

183,000.00 -

--_...-

59 Subtotal Infernal Doors

c

-

60’A

owance

...-

..

for fire doors

1.00 Item ...

._..

61 Allowance for general timber doors

c

..

-

..

...

..

62 Allowance for glazed doors

-

...

-

..

.

_.-

9,760.00

9,760.00

61,000.00

61,000.00

36,600.00

36,600,00

..

1.00 Item _.

1.00 Item . ..

.-

107.360.00

63 Subtotal

~

---

4,259.337.20

-

Floor Finishes

I.

Sports

[

Floors

I

_

.

.

64 Allowance for sprung timber floor to stadium and multi purpose (Based on Australasian Sports Floors. PR

II

75mm

x

U

I

I

664,839.00

I

I

I I

200.00 m2

(Based on Australasian Sports Floors PR Vari-Cushion system) Consists foam underlay, Cushion pads, 12mm exterior grade sub floor and 75mm x 25mm T&G flooring -

256.20 I

51,240.00

I

i

I

1.00 Item

661 Allowance for slab setdowns associated with spOlis I

I floor

ALTUS PAGE KIRKLAND ’>O IlJM BUILDING SYDNEY 2000

24,400.00 I

I 1.00 Item

6~ Allowance for spOlis floor marking works

I

4

of

30,500.00

I

24,400.00

I

I

30,500.00 ; ;

I

I

I

Page:

I I

I

I

CUTiles I

I

256.20

-

’

I

I

m2

-

romm

I

-

i

fitness i 65 Allowance for sprung timber floor to group

I

.1-

t

I 2,595.00

system) Consists foam underlay, pads, 12mm exterior grade sub floor and 25mm T&G flooring

Vari-Cushion Cushion

I

--

14

Date of Printing: 12/Novll4

Global ESlimalillg System (32Bit)

J

.

I DETAIL

I LC COST PLAN 4 CBC

ob Name: tient’s Name:

Job

Description

34 Walker Street

Billbergia

I

Leisure Centre Works .

_.-

-

--

-

_.

_.

._.

-_.

_._--_.

Item

Item

---

-

..

.-

....

-

._-

-

Unit

Quantity

Description

-..-

-

-

-

_.

--

_._-

Mark

Rate

No.

Amount

I

Up%

Trade:

(Colltinued)

2 LEISURE CENTRE ..

..

..

...

6~ Tile to

6~

-

foyers, cafe & and lobby areas (Supply rate of $60/m2) Tiles to Pool store (Supply rate of $25/m2)

-..

.

.-

..

-

I

..

I

m2

240.00

105.00 m2

168.00

17,640.00

866.00 m2

196.02

169,753.32

1,684.00

70 Tiles to bathrooms, changing rooms, sauna, steam room and other ameneties including childcare amenity areas

.

404,160.00

I I

{oth~r than those listed below) (Supply rate $45/m2) _.

.

..

71 Tile to

360.00

253.42

91,231.20

72

341.00 m2

305.00

104,005.00

swimming pool surround (Supply rate of $75/m2) Allowance for ceramic tile and waterproof membrane

I

to)nternal s~~.!!lin.p.o~1 _

73 Allowance for waterproofing works to wet .._.

--

-_._-----

-

_

.___

...-

-

--_._.._.

-

..

- .._-------

..-

1,233.00 m2

areas ----_.-

’-"-

-

._.

-

--.

-

_.

54.90 _...._-

67,691.70

---

--_.

-

Soft finishes ...

.-

--

_.

.

74 Allowance for carpet finish to areas identified on schedule and also to health club lobby area and

childcare where not identified

..

---

-

..

-

.._.

._-

-

_."

-_..

I

-

67.10

42,47430

1,014.00 m2

109.80

111,337.20

641.00 m2

85.40

54,741.40

362.00 m2

183.00

66,246.00

122,000.00

122,000.00

separatley

7~ Allowance for rubber floor finish to gym not

.

633.00 m2

areas

where

I

timber sprung or carpet (Can be carpet where

I preferred) 7t

Vinyl on neoprene underlay (Childcare)

7 Allowance for softfall to childcare outside

area

7~ General allowance for concrete finish to commerical -

..

1.00 Item

I I

shells, store rooms ~nd <?t~er b~ck of house a~~~. _

.

_....

.-

...

-

._- --

-_._---

- .

. .

-

-

. .

Sundries 711

’Allowance for paving to external entry courtyard _.

._.,.

350.00 m2

183.00

64,050.00

5,000.00

5,000.00

I

.

sri

Al

81

Sundry allowance for timber/ceramic skirtings

o~~nce for ~ntry

.._-

mat

1.00 Item ._..-

82 Allowance for stair

nosings

to level 1

entrance stairs,

1.00 Item

61,000.00

1.00 Item

18,300.00

1.00 Item

450,790.00

61,000.00

I

I

18,300.00

etc.

83 Allowance for vibration mounts, acoustic floor treatments below sports floors and health club floors to

.-

450,790.00

I

control vibration . .

..

..

..

. -

84 Subtotal

I

2,170,609.12

I

-

Wall Finishes .

85 Allowance for ceramic tile finish to wet

areas

and

1,980.00 m2

165.92;

swimming pool walls (Supply rate of $40/m2) 8( Allowance for feature wall i i

panelling to foyer and lobby

1.00 m2

I

area

8" Allowance for sauna wall

panelling

8~ Allowance for painted finish to walls

I

I

107,360.00 I

I i

328,521.60 107,360.00

i

I

I

J .00 Item

i

40,992.00

I

40,992.00 i

1.001 Item

549,000.00

I

549,000.00

I

.

ALTUS PAGE KIRKLAND PODIUM BUILDING SYDNEY 2000

Page:

5

of

14

I DMe of Printing: 12/Nov114

Global Estimating System (32Bit)

-

J

I

c DETAIL

~, LC COST PLAN 4 CBC

~ob Name:

Job

I

Description

I

Iflient’s

BiIlbergia

Name:

I

Leisure Centre Works

Item

CII

34 Walker Street

Item

Description

Quantity

Unit

Rate

Mark

No.

n: ’.’

2 LEISURE CENTRE

Allowa

8~

,

I

Up%

Trade:

~

Amount

for wall mirrors/or

ce

(Continued)

I

_.

acoustic linings to

I

1.00 Item

!

183,000.00

183,000.00

appropriate walls in health club

~

9( Allowance for impact linings to stadium

1.00 Item

area

244,000.00

244,000.00

91 Subtotal

1,452,873.60

Ceilin2 Finishes

c

9" Allowance for painted 93 Exra

~

over

lobby

plasterboard ceilings

ceiling for featue ceiling to level

6,877.00 m2 I entry and

1.00 Item

115.90

797,044.30

144,130.80

144,130.80

area ..

94 E/O

ceiling for timber ceilings to sauna

1.00 Item

18,300.00

. .

-95

c

for ceiling set downs, water resistan inings as ~e’luird, access panels and articulation Allowance

..

6,877.00 m2

30.50 . .

96 Allowance for sundry bulkheads

-

..-

-

.__.

209,748.50

l

-

1.00 Item

18,300.00

I

-. .

183,000.00

183,000.00

..

97 Exra

c

over

for moisture resistant tiles to

Item

pool area

EXCL

_.

..

98 Allowance for thermal and accoustic insulation

1.00 Item

125,849.10

125,849.10

109,495.00

109,495.00

.

99 Allowance for insulation

c

to

system/foilbacked

insulation

1.00 Item

lightweght roof areas

100 Subtotal

/.587,567.70

Sundrl: Finishes

~

101 General allowance for acoustic treatments &

1.00 Item

610,000.00

610,000.00

attenuation works to meet the BCA .-

..

-

..

-

-

-_.

6/0,000.00

102 Subtotal

c

Mechanical Services .

103

..

.

.

-

..

_..

10,757.00 m2

Elemental rate for air-conditioning allowance

390.40

I

1.00 Item

to

I

244,000.00 244,000.00

1.00 Item

loading requirements

I

244,000.00

,

area

97,600.00

97,600.00

1.00 Item

106 Allowance for ventilation and automatic smoke louvres

I

244,000.00

area

I

I

I

I1101, 10~ II IJ

4,199,532.80

I

for stadium .and gymnasitics stadium

;

area

105 Extra over std rate for upgraded

to

.-

I

’104 Extra over std rate for specialized mechanical system swimming pool

r I

throughout

c

I

...

..

-

AlIow,",ce fo’ ex"action hood to Cafe area

I

1.00 Item

Subtotal

I

I

I

!

Hvdraulic Services

I

36,600.00 I I

36,600.00 4,82/.732.80

,

I I

I

I

I

1.00 Item

24,400.00 i

24,400.001

111O! Allowance for hydraulic services to showers, WC’s and i

1.00 i Item

854,000.00 i

854,000.00 ;

nI

Allowance fo,grea" "ap to ’etail area

111 Allowance for hot water

system

I

I

I

I basins, etc.

_,

I

I

1.00 Item i

122,000.00

I

I

122,000.00

Q AL TUS PAGE KIRKLAND

I

j)ODltM Bl"LJ)I~G SYDNEY 2000

Page:

6

of

14

’

I

Date of Printing: 12/Nov/14

Global Estimating S)’.wem (32BII)

-

J

I DETAIL

~ob Name:

LC COST PLAN 4 CBC

klient’s

BiIlbergia

Name:

I Job

Description

34 Walker Street

I

Leisure Centre Works

l Item

Item

Unit

Quantity

Description

Mark

Rate

Amount

I

Up%

No.

Trade

(Coniinued)

2 LEISURE CENTRE

.’

-

for swimming pool pumps and fiitra

112 Allowance

-

-

-

---

...

1.00 Item

305,000.00

305,000.00

113 Allowance for balancing tanks for swimming pool

1.00 Item

109,800.00

109,800.00

114 Allowance for sundry

1.00 Item

62,983.72

62,983.72

on

I

-"_.

_

system

pool drainage, pumps &

I

connections etc -

11~

--,

SubtotaT-

1.305,400.00

I

Electrical Services -

1t

llowance for generallighti g and power

11" ’A1 owance r 1H

iiioroughout

11,410.00 m2

213.50

2,436,035.00

I

,-

r

additional

floorhoxes toheaitii- club

Exir ; over st f ghtlng for speci-alligh ng to stadium

1.00 Item

6,257.99

1.00 Item

36,600.00

6,257.99 36,600.00

I

,,

119 Extra

pool

1~

ver std lightingf

rspeclallighti

g to

swiming’

1.00 Item

36,600.00

36,600.00

area --

Allowance for smoke detection

-

---

11,410.00 m2

----

---

30.50

--

----_..

348,005.00

I

--,--

121 Allowance for comms cabling, etc. --

11,410.00 m2

42.70

487,207.00

".-

122 Allowance for security

(In Provisional Sums)

--

m2

INCL

"

123 Allowance for PA & EWIS

---

-"--

11,410.00 m2

-

42.70 -.

124 Allowa

ce

for access contro (In Provisional

12~Allowance for AV to health

I

_.

Sums)’

INCL --

club inc!uc

& speakers etc. (In Provisional

-

ng-teievisions

Sums) gymnastics (In

12( Allowance for A V to stadium and

Provisional

--"

487,207.00

_.

-----

--

Item

INCL

Item

INCL

I

Sums)

-

--

li~ Subtotal

3,837,911.99

I

918,647.80

I

Fire Services

128 Allowance

for fir services--

10,757.00 m2

85.40

:

1J

Subtotal

9/8.647.80

Lift Services -

13~ Allowance for passenger lift including B 1

--

3.00 No

195,200.00

1.00 No

170,800.00

--

131 Allowance for goods lift

I

--,

serving four levels

serving four levels including

585,600.00

I

170,800.00

I

I

BI

i 132 Subtotal

756.400.00

~

113.::

Allowance for Builders Work in connection with all

I

services

1.00 Item

134 Subtotal

are

in Provisional Sums)

I _

ALTUS PAGE KIRKLAND PODIUM

427,000.00 427,000.00

Special Equipment. Fitments and Joinery (All of the below

427,000.00

lJlLOJNG SYDNEY ZOOO

I I

I

I

n

Page:

7

of

14

I

Date of Printing: 12/Nov/l4

Global ESlimating System (32Bit)

-

J

I

DETAIL n 1..1 LC COST PLAN 4 CBC

iJob Name:

~kIient’s

Job

BilIbergia

Name:

34 Walker Street

~I..

Leisure Centre Works

Item

Item

~: .

Description

Description

Unit

Quantity

Rate

Mark

Amount

,

No.

Up%

I I

i

l

Trade:

2 LEISURE CENTRE

11351 Servery/Hot plates, etc. .(Note: I

made for Commercial Kitchen

1136

(Continued)

no

equipment)

Refrigerators to cafe area

Item

INCL

Item

INCL

Item

INCL

139 Allowance for sundry IT equipment

Item

INCL

140 Allowance for Steam Room

Item

INCL

141 Allowance for Sauna

Item

INCL

142 Allowance for steps, starting boxes and lane dividers to

Item

INCL

Item

INCL

137 Dishwashers

f113~ Turnstiles/Swipe cards and reception L

C

swimmin.g pool r .. 143 Allowance for fitout of childcare centre _

.. .

.--

_._.

144

Allowance for fit out of hea th

C 145 separating

..

. .

.-

_.

_...

--

..

INCL

Item

entre

-

Allowance for fit out of stadium

nets, basketball

146 Allowance for

C

INCLi

1 Item

allowance has been

comprising goal posts.,.

hoops iectronic scoreboards to stadium area

-

--

-

Item

INCL

etc.

_.

_.

INCL

Item ---

_.

.

Item

INCL

Item

INCL

Item

INCL

150 Allowance for window blinds

Item

INCL

151 Loose tables and chairs

Item

INCL

Item

INCL

Item

INCL

147 Allowance for fixtures and fitments to amenities

ar

s

and change rooms 148 Allowance for BCA and

wayfinding signage

149 Allowance for indentification

C

152 Allowance for aluminium

C

signage

spectator seating to

swimming pool ~.~tadium 153, Allowance for metal handrails, etc. 15~ Allowance for bench

seating to Sauna, Steam Change Rooms Allowance for reception counter

Item

Room

i

and

115~

15t Allowance for Cafe counter and

157 Allowance for meeting

~11581

room

_.

.-

I

.

Item

I

I

Item

cupboards, etc.

I

kitchenette

INCL i

I

I

Item

I I

I

Subtotal

INCLI INCLi INCLI 0.00

I I

i

1

II:1591

I

Preliminaries & Margin Allowance for Preliminaries & Margin

INCLI

Item I

,

Total:

LEISURE CENTRE

37,196,767.031 ,

I

m C AL TUS PAGE KIRKLAND I)ODIlJM

~

lilLDING SYJ)NEY ZOOO

Page:

8

of

14

Date of Printing: 12/Nov!l4

Global [ I1/11Q/ l1g System (32Bit)

-

J

I DETAIL

I

LC COST PLAN 4 CBC

ob Name:

!client’s Name:

Job

Description

I

34 Walker Street

BilIbergia

!

Leisure Centre Works

,

Item

lIt;’;

Unit

Quantity

Description

Rate

Mark

No.

! Trade.

I

3 PROVISIONAL SUMS

.

-

I

I

Amount

Up%

I

The Cost Plan includes for the

I

I

..

I

followinK Provisional

Sum allowances (costs exlude Main Contractor Preliminaries Overheads and Mar2in) 1 Car Park ticket machine

system

1.00 PS

300,000.00

300,000.00

1.00 PS

75,000.00

75,000.00

1.00 PS

80,000.00

80,000.00

1.

Shade Umbrellas to outdoor childcare

.::

Access Control system

4

Security System (Leisure Centre)

1.00 PS

280,000.00

280,000.00

~

Health club audio visual worls

1.00 PS

75,000.00

75,000.00

1.00 PS

50,000.00

50,000.00

Servery/Hotplates

1.00 PS

61,000.00

61,000.00

Refridgerators

1.00 PS

18,769.23

18,769.23

Cafe dishwashers

1.00 PS

11,261.54

11,261.54

Entry swipe and gates

1.00 PS

28,153.85

28,153.85

lIlT Equipment

1.00 PS

93,846.15

93,846.15

12 Sauna Fit-out

1.00 PS

93,846.15

93,846.15

I~ Steam

1.00 PS

93,846.20

93,846.20

1.00 PS

18,769.23

t Stadium and

Cafe ~ Cafe ~

1~

14

II: H

room

area

(leisure Centre)

gynamstics audio visual works

fitout

Steps, starting boxes, and lane dividers to swimming .

h~:care Centr Fit-out

works

-

.(if operated by Councl)

1.00 PS ...

Health’

ub

fit-out, loose furniture and equipment (if

..

---

----

I I I

I I I

18,769.23

.

I

_..

140,769.23

140,769.23

--

1.00 PS

469,230.77

469,230.77

1.00 PS

178,307.69

178,307.69

1.00 PS

18,769.23

18,769.23

1.00 PS

103,230.77

103,230.77

1.00 PS

18,769.23

18,769.23

1.00 PS

46,923.08

46,923.08

1.00 PS

46,923.08

46,923.08

I

1.00 PS

46,923.08

!

1.00 PS

168,923.08

46,923.081 168,923.081

I

operated by council) 17 Stadium

sports equipment (goal posts, separating nets,

basketball

hoops)

H Electronic scoreboard 1~ FF&E to amenities and

2~ BCA and

changing rooms

wayfinding signage

21 Identification

signage

22 Window Blinds

2..: loose furniture and

I

equipment (Public meeting rooms) 2~ Spectactor seating to pool and stadium

I i

2~ Bench seating to sauna,

I

I

I

steam room

areas

and

and

changing

1.00 PS

rooms i

2t

Reception

1.00 IpS

counter

I

93,846.15

93,846.151

2 Cafe counter and

cupboards

1.00

I

jPS

28,153.85

i

42,230.77

l ..

ALTUS PAGE KIRKLAND I’OOWM BIJILDIN(; SYDNEY 2000

Page:

9

of

14

I I

i

I I

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i

;

I

28.153.85.

42,230.77

I

.

I

Date of Printing: 12/Nov/J 4

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-

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I

~ DETAIL

I rOb

flient’s

I

LC COST PLAN 4 CBC

Name: Name:

Job

BiIIbergia

I

Description

I

34 Walker Street

I

-’

Leisure Centre Works

I __.

miue~

Hem

Description

Unit

Quantity

Rate

Mark

No.

Amount

Up%

I

C!- Trade~.

I

It

..

2~ Meeting

room

I

1.00 r PS

kitchenette

2~ Handrails a~d metalwork

II 31 Subtotal r’1 ~

(Continued)

3 PROVISIONAL SUMS

_

.

1.00lpS

93,846.151.

93,846.15 ...

1-

coordination, managment, on site/off site overheads

margin

4,692.311

_

31 Allowance for main contractor supervision,

and

4,692.311

I

in relation to

Provisio!1al Sums

1.00

I

2.781.030.82

611,826.78

611,826.78

j Total:

PROVISIONAL SUMS

3,392,857.60

I

.~ I I

I I I I I

I I

D AL TUS PAGE KIRKLAND l’OOll,M Bl’IU>ING SYDNEY 2000

I

Page: 10 of

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I LC COST PLAN 4 CBC

ob Name: Iient’s Name:

Job

Description

34 Walker Street

BilIbergia

,

I

Leisure Centre Works

L

r-I~em

Item

Description

Unit

Quantity

Rate

Mark

No.

Amount

I

Up%

Trade:

4 EXTERNAL WORKS

I

.-

r

Landscaping 1 Allowance for mature trees at street level

fl

1.00 Item .-

Allowance for planter wa

-

s

etc. to outdoor childcare

"--

..

136,640.00

136,640.00

61,000.00

61,000.00

_.

1.00 Item

I

centre

I

:3 Allowance for

childcare ._-

-----

planter beds and shrubs to outdoor

1.00 Item

61,000.00

61,000.00

area .-

-

--

-

,-.-

.-

---

-.

-.-

-

-

- --

----.

--

--

...-

.

Infrastructure Services

Contribution towards substation and

4

.-...

HV

works

-

.

_.

-

-

--

1.00 Item

"--

.

61,000.00

--

-_.

----

61,000.00

(amort~~d~cross entire stage) _._

~

._

Allowance for service connections for items specific to the Leisure Centre _

----

----

.

-

268,400.0

1.00 Item

I

I

268,400.00

(sewer,stormwater, electrical,

back-up generators/.etc.) Preliminaries and

~ Preliminaries and

Margin

Margin

Item

--

--

EXTERNAL WORKS

ALTUS PAGE KIRKLAND J)ODIUM BUILDING SYDNEY 2000

-

----

Total:

Page: II

of

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I

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34 Walker Street

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Item

Description

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Unit

Rate

Mark

No.

Amount--

1

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5 TOTAL CONSTRUCTION COST

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I

UILOIN(; SYDNEY 2000

Page: 12 of

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Billbergia

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I

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6 CONSULTANTS

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I I ALTUS PAGE KIRKLAND PODIUM BUILDING SYDNEY 20011

Page: ]3 of

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I I ~ ALTUS PAGE KIRKLAND PODWM BlJILI>ING SYDNEY 2000

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UNITED BY OUR

DIFFERENCE

,.WSP

I I

RHODES INDOOR LEISURE CENTRE 34 WALKER

I

STREET, RHODES NSW

VOLUNTARY PLANNING AGREEMENT PERFORMANCE BRIEF

I I

11/11/2014

I I

Rhodes Indoor Leisure Centre

Voluntary Planning Agreement Performance Brief

~ Quality Management

m

11/11/2014

I ~ SYD1440500P

m I

I

I m I

I

I

I I m J:\projects\SYD1440500P\PM

I

-

Project Management\Rhodes Leisure Centre VPA Report.doc><

Project number: SYD1440500P Dated: 11/11/2014 Revised:

2

Rhodes Indoor Leisure Centre

I

Voluntary Planning Agreement Performance Brief

I RHODES INDOOR LEISURE CENTRE 34 WALKER

STREET, RHODES NSW

I

VOLUNTARY PLANNING AGREEMENT PERFORMANCE BRIEF

I 11/11/2014

I Client

I

Billbergia GroupHead Office Suite 101, 25 Angas Street, Meadowbank NSW 2114

I

Telephone: 02 8878 6900

~

I

Billbergia creating communitier.

I

Consultant

I

James Hunter

.

I

Tel: 02 8907 0900

www.wspgroup.com.au

I Registered WSP

Address

I

Buildings Pty. Ltd.

Level 1, 41 McLaren Street

I

PO Box 6245

North

Sydney

NSW 2060

www.wspgroup.com.au

I

I I I

I 3129

I

I Rhodes Indoor Leisure Centre

Voluntary Planning Agreement Performance Brief

I

I

Table of Contents 1

Introduction ..................................................................................5

1.1

Purpose of this Document......................................................... 5 Project Overview....................................................................... 5

1.2

D

2

Project Description....................................................................... 6 Project Objectives..................................................................... 6

2.1 2.2

I

General Fit-Out...................

......................................................

Schedule................................................................7

2.4

Component Engineering Overview............................................................. 2.5 Ecologically Sustainable Development.

11

3 Acoustics..........................

13

...................................

D I

o I

Mechanical Services.................................................................. 15

5

Electrical Services...................................................................... 16

6

Communications Services.....

7

Audio Visual Services.................................................................18

8

Hydraulic Services......................................................................

9

Fire Services.............................................................................. 20

.....................................................

I

Transportation Services................................................. 22

10.2

Entry Foyer/Reception...........................................................23 Cafe.....................

... ..............................................................

23 24

10.3

Child Care.....

10.4

Commercial Tenancies.......................................................... 24 25 Swimming Pool, Sauna and Steam Room

........................ ................................................

............................

10.5 Health and Fitness Club ..........................................................25

Prep Areas ..................................................26 10.8 Gymnastics Space ................................................................26

10.7

KitchenetlelTea

Basketball Auditorium............................................................27 27 10.10 Storerooms and Back of House Areas................... 27 10.11 Toilets / Showers Amenity Spaces 10.9

.............

......................................

I I

I m D J:lprojectslSYD1440500PIPM Project ManagementlRhodes Leisure Centre VPA Repcrt.docx -

I

19

Car Park................................................................................23

10.5

I

17

10.1

10.2

I

..........................................................

11

4

10 Vertical

I

6

2.3

Project number: SYD1440500P Dated: 11/11/2014 Revised:

4

Rhodes Indoor Leisure Centre

I

Voluntary Planning Agreement Performance Brief

I 1

I ntrod uction

I 1.1

Purpose of this Document

The purpose of this Voluntary internal finishes, mechanical,

specialist lighting

Planning Agreement (VPA)Performance Brief is to establish the parameters of electrical, communication, acoustics, audio visual & specialist technology and

services to be

I

provided in the Rhodes Indoor Leisure Centre.

It is intended the information

provided in this performance brief will act as a platform for the phase (Design Construction) of the and general fit-out provided by Billbergia and future specialist fit-out works undertaken by the operator of the facility.

I

Finalisation and to be

I 1.2

Overview

Project

The Rhodes Indoor Leisure Centre

community facility will be located on the corner of Walker Gauthorpe and Marquet Streets, Rhodes. It will. consist of 3 levels of leisure space to be used by a mix of leisure, fitness and sports disciplines and 2 dedicated levels of underground parking served by an independent lift to ensure the following achievements: Achieve best

Ensure that key services are

Achieve

a

Provide

an

entry

an

urban

development

pedestrians

on

Walker Street

facility layout that is consistent with good building management practices environment that

I

easily identified from the street

and exit with minimal intrusion to

Provide an energy efficient

incorporates Universal Design

in line with best

design that achieves best practice

A

facility development that achieves the best long term value for money

A

facility that meets the longer term

Maximise

I

presentation from Walker Street and Gauthorpe Street

To take into account design issues associated with inclusion in

Ensure safe

I

needs of the

opportunities for commercial return

community

in relevant areas

practice framework

I I

I I I

I

I I I

I 5129

I

D Rhodes Indoor Leisure Centre

Voluntary Planning Agreement Performance Brief

I ~ I

2

Project Description

2.1

Project Objectives

Building

External Presentation

The facility shall have

I

a

dynamic presence and:

.

Engender a sense of place and community pride

.

Be

I

inviting

and

Announce the

welcoming

to the

community

building’s intended purpose building

and

use so

that it is obvious that these facilities

are

there and it is riot just a residential

I

I

.

Provide wall surfaces which

.

Provide

Building

I I

m ~ I

building

shall create

Is safe, comfortable and

.

Is durable for intended purpose

.

Internal finishes to minimise

.

Has low maintenance

.

Ensure efficient

.

Is

amply

use

an

ambience that:

stimulating (including appropriate heating

lighting

and

cooling)

densities

fitting

of space while

lit with natural

maintaining

Universal

Design principles

light

General Fit-Out

Billbergia will provide the following fit-out: dedicated lift with basement access to basement level 1 and 2 carpark levels, dedicated ground level 1 foyer and reception with afterhours proximity card security, speciality floors in sports and fitness spaces, all walls and acoustic insulation, acoustic glass fa ade, internal acoustics comprising noise control measures so that the noise of sport and leisure activities do not impact other areas of the building, residents, separate childcare centre, commercial or other leisure activities. complete with provisional mechanical, electrical and hydraulic sprinkler protection layouts to the tenancy space.

Commercial tenancies will be "cold shell" services with open

I

discourage graffiti

Interior

.

2.2

resilient and

adequate security to openings

The interior design of the

I

are

The child

care

plan lighting

centre will be

Functioning public and

and fire

fully fitted

out.

member amenities and kitchenettes will be

provided.

"capped off" services will be provided for the swimming pool plant and equipment, sauna and steam plantrooms (for continuation by swimming pool consultant), pool deck drainage, lighting sprinkler protection, mechanical plant for ventilation and general space conditioning will be provided.

Provisional

I

room

I

Lighting to all rooms, power to all other rooms, floor and ceiling finishes to all other rooms will be provided, general mechanical services to all other rooms, automatic sprinkler, smoke detection and emergency services to all other rooms will also be provided in accordance with the BCA.

I

D J:lprojectsISYD1440500PIPM. Project ManagementlRhodes Leisure Centre VPA Report.docx

I

Project number: SYD1440500P Dated: 11/11/2014 Revised:

6

Voluntary

Rhodes Indoor Leisure Centre Planning Agreement Performance Brief

I I

2.3

Stage

I

Component Schedule Component

Size/capacity/number

Learn to

20m

swim/program

x

8m with

depth

Requirements

I

of

I. 2m

pool

I Including some seating parents to watch

Pool concourse

for

children’s swim

I

lessons. Pool blankets

incorporated into seating.

to be

I

Ensure it meets ARV &

RLSS guidelines (refer to

Design Standards brief).

section of the

Paging and background music allowance.

Dry change facilities (try to minimise duplication of these

Change rooms and toilet facilities (M&F)

I I I

facilities where

possible while catering dry activities).

for all

Paging and background music allowance.

Family change village for pool

6

area

Paging and background

music

allowance. Unisex toilets for

pool

2

Paging and background

area

music

allowance. Plant

room

chemical

I I I I

and

storage

Office for Aquatic

8sqm.

Education Team

Should be

pool

directly off

deck.

Leader and swim

I

teachers

Storage for aquatics

I

3mx2m

equipment

Should be accessible from pool deck.

I I I

7129

I

I Rhodes Indoor Leisure Centre

Voluntary Planning Agreement Performance Brief

I Meeting

D

room

with

35sqm

kitchenette

To include storage space for tables and chairs.

Simple display and presentation capabilities.

m Entry foyer

I I

Entry foyer to be large enough to allow adequate circulation for all areas including childcare pick up and drop off

Access to childcare

centre, caf and lifts to other services accessible from

entry

foyer. Entry foyer to have sufficient wall space to display leisure centre

m

and Council

information.

Paging and background music

I

allowance. Power and data

m

provision for digital signage at entry.

I

Reception/customer

Reception

service desk

cater for 2 POS’s for

desk to

leisure centre staff with

additional desk space (partitioned)for Council

I

customer service staff. The

areas

should be

combined but be able

m

to have the customer service desk closed while the leisure centre is open.

I

Include

storage area

and some shelving

under desk.

I

Small

merchandising reception

area near

desk.

I

Central control of

paging and background music system.

I

I m D J:lprojectslSYD1440500PIPM

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Project ManagementlRhodes Leisure Centre VPA Report.docx

Project number: SYD1440500P Dated: 11/11/2014 Revised:

8

Rhodes Indoor Leisure Centre

I

Voluntary Planning Agreement Performance Brief

I Cafe and caf

seating

150-200sqm

Include food

storage and preparation area.

Cafe entrance and

I

seating needs to have good street frontage with seating area being

I

open to the street to give outdoor feel while not encroaching footpath.

on

the

Seating for at least 25 people.

I

I

Paging and background music allowance. External

I

source

plugin

point to paging and background system.

Cycle

Room

100sqm

provision for acoustic absorbency. Make

Paging and background

I I

music

allowance. External source plugin point to paging and background system.

Group Fitness

Room

150-200sqm

Make

I

provision for

acoustic absorbency and

requires a sprung

floor.

Paging and background

I music

allowance. External

source

plugin

point to paging and background system. Health and Wellness Room

150sqm

I

-

Make

provision for acoustic absorbency.

Paging and background

I

music

I I

allowance.

External

I

Make

I

source plugin point to paging and background system.

Health club

500sqm

provision for

acoustic absorbency.

Paging and background allowance.

music

I I

9129

I

m Rhodes Indoor Leisure Centre

Voluntary Planning Agreement Performance Brief

D External source

plugin point to paging and background system.

o Health club office

3sqm

Needs to have

I

visibility

of health club floor. Assessment

room

for

3sqm

Needs to have

health club

visibility

of health club floor.

I

Paging and background music allowance.

External

source

plugin

point to paging and background system.

D m

Storage for health club/group fitness

9sqm

Offices for Sports

3sqm

each

Programs Team Leader and Centre

Manager

I

Gymnastics

750sqm with 40sqm pit in a corner

foam

I

Ceiling height to be min provision for acoustic absorbency.

8m Make

Paging and background

music

allowance.

I

External source plug in point to paging and background system.

m

Stadium

36.6m

x

43.25m

(allows for 2 netball courts with appropriate run off and seating on I side)

I

Ceiling height 9.14m free of lights and all

Make

provision for absorbency.

acoustic

Reverberation time should not exceed two seconds at mid-

frequency.

-

m

Maximise natural

light.

other obstructions

(caters for badminton at a club

I

level)

Sprung floor.

Paging and background

music

allowance. External

source plugin points to paging and background system.

I

Simple LED scoring display.

I D D J;lprojectsISYD1440500PIPM

I

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Project ManagementlRhodes leisure Centre VPA Report.docx

Project number: SYD1440500P Dated: 11/11/2014 Revised:

10

Voluntary

Rhodes Indoor Leisure Centre Planning Agreement Performance Brief

I

I Storage for stadium

Needs to cater for

9m x2.5m

basketball, netball, badminton and table

I

tennis equipment and should be

directly

accessible from the courts.

Ensure

Childcare centre

I

Ensure that design for

appropriate

meets all

outdoor space for

this

number of children

Australian Standards, Acts and Regulations

area

both in terms of space,

layout and amenity (refer to Design

I I

Standards section of the

If this is

Bike racks

I

brief). possible with

the width of the

footpath. If so to include security bike

I

racks.

I 2.4

Engineering

Overview

Billbergia have acknowledged Canada Bay Council’s brief requirements identified in the "Rhodes Leisure Design Brief’ document and responded with a clear and thorough design in order to provide an integrated solution to support and enhance Canada Bay’s vision of a Community Leisure Centre.

I

Centre

Inherent in the

sustainable

design of the building services systems proposed for the project is design principles, included to satisfy minimum mandatory requirements.

The following

specific considerations have

been included in the current design

Compliance with BCA, Section J5 for all

mechanical

a

range of sensible and

principles:

with

BCA, Section J8, ensuring adequate maintenance and energy monitoring for the

economic life of the

I

systems

Compliance with BCA, Section J6 for all electrical and lighting systems Compliance

I

I

equipment

Coordination of materials with respect to energy consumption of the air conditioning plant is expected to occur the Design Finalisation and Construct phase of the project, although compliance with the mandatory insulation of the building envelope is understood to be readily achievable.

I

during

I 2.5

Ecologically

Billbergia

Sustainable

Development

will also consider ESD

reflect best

initiatives, including energy efficiency and passive design measures that practice building design, and resource use efficiencies that are consistent with a precinct based

I

approach. ESD initiatives will consider:

I

Holistic

analysis of the building envelope and services using Verification Method JV3 for Section J compliance analysis to balance and optimise the building’s "skin" and the servicing strategy to realise significant energy use efficiencies

I I

11

129

I

I Rhodes Indoor Leisure Centre

Voluntary Planning Agreement Performance Brief

I I

Careful balance of solar access to minimise solar gains in summer but maximise solar gains in winter. This will be driven by the selection of highly selective glazing products and passive solar shading features

~

to minimise the need for artificial enhanced indoor environment quality with the outdoor environment.

Good

D

access to

external

natural

views, creates

light

an

Passive ventilation solutions that minimise the need for air environment quality based on improving indoor air quality

End-of-trip facilities

and

good pedestrian/cycle connectivity

lighting. This, combined with good by acting to connect the occupants

conditioning to

promote

and enhance the indoor

a

modal shift away from

personal car use

I

A

"precinct based" non-potable supply approach

to meet

a

proportion of the non-potable

be included if available.

I

Maximising

use

of low toxicity and embodied energy

I

I I D

I I I

I

I I ~ J:lprojectsISYD1440500PIPM

I

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Project ManagementlRhodes Leisure Centre VPA Report.docx

Project number: SYD1440500P Dated: 11/11/2014 Revised:

12

building

materials

water use will

Voluntary

Rhodes Indoor Leisure Centre Planning Agreement Performance Brief

I I I

Acoustics

3

design parameters for the Leisure Centre have been derived using WSP Acoustics’ experience with leisure facility design. Performance

.

taken from the

following documents and

for AS 2107:2000 Acoustics-Recommended design sound levels and reverberation times levels. interiors Reverberation time and ambient noise

building

I

-

.

City

of Canada

Bay OCP Part 10 Child Care Centres noise requirements

-

noise emissions form

I

outdoor childcare spaces. .

Acoustic Association of Australian Acoustical Consultants (AAAC) Guideline for Child Care Centre childcare outdoor form spaces. Assessment: September 2010 noise emissions -

.

Acoustics: Association of Australian Acoustical Consultants (AAAC)Guideline for Educational Facilities sound insulation between spaces. and levels noise ambient and time Reverberation 2010 September

I

-

NSW Industrial Noise

.

.

Policy 2000

-

plant noise emissions from the development.

Typical levels of performance will be recommended acceptable intrusive noise in the adjacent space.

.

in line with the intended use of the space and

likely

Indoor ambient noise level limits (see Table 1) these define how much noise can enter the building from outside, and are used in consideration of the natural ventilation strategy and external building fabric (fa ade, glazing and roof). Plant noise is also included in the limit figures and must also be

ingress.

(see Table 1) through selection of appropriate finishes, reverberation will be provided maximum values cited to ensure acceptable speech intelligibility and to control

Reverberation time

limited to the

the airborne sound insulation between spaces are (see Table 2) below. The higher the value, the greater the sound cited requirements insulation afforded. This is based on the noise generated in one room, and the noise sensitivity of the adjacent room. This will be achieved through appropriate internal building fabric (wall / floor / door)

Airborne sound insulation recommended to meet the

.

Impact sound insulation (see Table 1) these values describe the upper limit of standardised impact noise (e.g. to control footfall noise) in rooms below accommodation above. Note that lower values represent a higher standard. These will be achieved through appropriate selection of floor finishes and where necessary a sprung floor system (for high noise impact generating spaces). -

Noise emissions to surrounding noise sensitive receivers. Noise from activities and fixed plant equipment associated with the development will be controlled to relevant requirements. These will be based

on

the

I

-

constructions. .

I

-

noise levels due to activities in the rooms. .

I

-

controlled to meet the criteria in combination with external noise .

I

requirements of the City of Canada Bay OCP and NSW Industrial Noise Policy.

I

I I I

I

I

I I I 13129

I

D Rhodes Indoor Leisure Centre

Voluntary Planning Agreement Performance Brief

I Table 1

I

I

-

Indoor ambient noise, impact noise isolation, and reverberation time criteria

~~("’, :;l~,;.~i: ,"

,;’;L~:"~""" \)J’:~~~

’"

~:,.~.l;~~_~~~~L’-"_;~ Commercial and 50

60

Note 1

45

55

<0.8

45

65

<1.5

Pool

50

65

Note 2

Gymnastics

45

N/A

(top floor)

Note 2

Stadium

50

N/A

(top floor)

<2.0

Retail spaces

I

Childcare

-

Indoor

Health Club I Cycle

I

Room I Group Fitness I Health &

Wellness

I ~

Change I Toilet I

50

Sauna

65

Note 1: Reverberation control expected to be undertaken

D

preferences

D

Table 2

Note 2: Reduced

-

as far as is practical

N/A

by fitout of these spaces as the internal finishes will depend on the tenant

given the nature of the space volume of room

Sound insulation criteria

~

Low

Average

Change I Toilet I

Childcare

Sauna

m

-

High

Indoor

Commercial

Health Ch.Jb I Cycle Room I Group Fitness I Health & Wellness. Pool

" ~

I

Gymnastics

~

r.

I ’I

rj~

11

D

~

,

Stadium

}

High Health Club I Cycle Room I Group Fitness I Health &

I

Weflness Pool

".,

DnT.w

35 dB

DnT,vl

45 dB

DnT,VI

35 dB

DnT,w

40 dB

DnT.VI

50 dB

DnT,w

40 dB DnT.w

45 dB

DnT.VI

55 dB

DnT.VI

Gymnastics

’t.

I

30 dB

"

Stadium

Change I Toilet Medium

I

,,~"

Commercial

u

,~..,,,.

’l:

Sauna

Low

m

Childcare

-

Indoor

-

I I J:lprojectsISYD1440500PIPM

I

-

Project ManagementlRhodes

Leisure Centre VPA

Report.doex

Project number: SYD1440500P Dated: 11/11/2014

Revised:

14

’

~.

Voluntary

Rhodes Indoor Leisure Centre Planning Agreement Performance Brief

I I

Mechanical Services

4

The Mechanical Services for the Rhodes Leisure Centre will be and

designed

in accordance with the following code

I

authority requirements: .

National Construction Code of Australia 2014

.

AS/NZS 1668.1

.

Canada

.

AS 3666

.

AS/NZS 3000

-

1998 and AS/NZS 1668.2

I 2012

-

Bay Council Requirements;

I

2002;

-

2007;

-

The individual leisure spaces will be and AS1668.2 2012.

provided with ventilation in accordance with the requirements of the BCA

I

-

Each space will be provided with mechanical ventilation and comfort cooling consisting of central air handling in the ceiling plant and either water cooled packaged air conditioning units or chilled water fan coil units located void of the space served. The system will be controlled from a central building management system to provide with the heating and cooling to maintain occupant amenity. The system will be designed in accordance

requirements of section

J of the BCA.

equipment (exhaust fans, outside air supply unit) will be provided with variable speed drives as an the fan speed. Fan start/stop shall energy saving measure. Pressure sensors in risers will be used to regulate based clock on the most appropriate and time and/or and/or be controlled by temperature, pressure sensors, efficient approach to suit individual space usage.

I I

Air-side

common heat rejection and hot water generation plant located on the tower. residential Street Pipework will reticulate within the core from roof level to serve eactl Marquet individual space. The central mechanical plant will consist of either a condenser water system with heat rejection via cooling towers and individual water cooled packaged air conditioning units within each space or a

The leisure centre will have dedicated roof of the

chilled water

graphical an open protocol The development comprising provided interface of all mechanical plant and equipment. All sub metering and energy monitoring will be logged on the BMS and accessed via the head end PC to provide sub metering for each space and energy consumption apportioning. The BMS will be provided with internet access in order to allow remote access for maintenance staff as well as facility to provide critical alarm alert to relevant personnel. BMS

with

of

a

I I

system and central chiller with 4-pipe fan coil units within each space. will be

I

head end with

a

I

I I I

I

I I

I 15129

I

D Rhodes Indoor Leisure Centre

Voluntary Planning Agreement Performance Brief

5

Electrical Services

The electrical services f r the Rhodes Leisure Center will be principal code and authority requirements:

D

designed

in accordance with the

following

National Construction Code of Australia 2014 Canada

I

Bay Council Requirements

AS/NZS 3000 AS/NZS 1680

I

AS/NZS 1768 AS 2293.1-2005

Ausgrid Utility An dedicated

and

Supply Regulation requirements.

authority supply shall be provided

at low

voltage

to the following tenancies:

Leisure Centre,

~

Child Care

Center,

Ground Floor Caf

,

Retail and commercial tenancies. The power provision will be 11 OW/M2.

I I

Sub-mains will reticulate vertically within dedicated electrical risers or horizontally within ceiling spaces dedicated trays for supply to dedicated services distribution boards and control panels on each floor. The

supplies to the retail and commercial tenancies shall be presented as unmetered supplies, with being responsible for the application of meters from the supply authority.

The

metering location

shall be located within

located in each tenancies for

common area

Occupancy

I I

areas

sensor

and amenities

areas

controls and local

wiff be

switching

light fittings generaffy utilising appropriate.

with

a

distribution board

recessed LED down fights and

provided with general light fittings. will be used for back of house and

amenity

areas

to suit the

usage. Power will be

Emergency

provided

escape

as

required

lighting

to the

and exit

Mechanical, Hydraulic and Fire protection services.

signs will

be

provided throughout the buildings to comply with BCA and AS

2293.

I

I m J:lprojectslSYD1440500PIPM

I

room

the tenants

provision of lighting and power to the spaces.

The spaces shall be provided with high efficiency compact fluorescent lamp sources where deemed

Back of house

electrical switch

on

-

Project ManagementlRhodes Leisure

Centre VPA

Report.docx

Project number: SYD1440500P Dated: 11/11/2014 Revised:

16

Rhodes Indoor Leisure Centre

I

Voluntary Planning Agreement Performance Brief

I I

Communications Services

6

The communications services for the Rhodes Leisure Center will be code and

designed

I

National Construction Code of Australia 2013

.

Australian Communications and Media

.

AS/NZS 3000

.

AS/NZS 3080

.

AS/NZS 3084

.

AS/ACIF S008

.

AS/ACIF S009

Authority Requirements

along

I

external lead-in

path

to Leisure Centre

utilised for all communications services such

cabling from

I I

(NBN)type, and

The communication infrastructure will be of Fibre-to-the-Premises

Vertical

following

authority requirements:

.

used

in accordance with the

the

building

building

as voice,

distributor

data and

room.

thus fibre cables will be

The fibre infrastructure shall be

security.

distributor room to risers and floor distributors shall be of the fibre

type,

installed within dedicated communications conduits..

equipment required to create a Local Area Network (LAN)and active ICT equipment shall provided as a part of the tenant’s fit-out works.

All network

Horizontal cabling shall be of the copper type from ceilings on dedicated cable support systems. An access control and intruder detection

system

the communications

shall be

provided

cupboards and shall

CCTV

the centre to monitor unauthorised

monitoring

will be

provided

to all main

be

reticulate within

I I

to control the access of areas within the

building appropriate persons, and restrict entry of unauthorised persons into the be provided with the capacity to link to an external monitoring company. Motion to

internally within

I

building. sensors

The

system shall provided

shall be

I

access.

building entry / exit points.

A Free-To-Air and

subscription television service shall be provided designated areas within floor plate.

over a

copper backbone and distributed to

I I I

I I I

I I 17129

I

m Rhodes Indoor Leisure Centre

Voluntary Planning Agreement Performance Brief

D 7

~

Audio Visual Services

The Audio Visual (AV) Services for the Rhodes following code and authority requirements:

Leisure Centre will be

designed

in accordance with the

National Construction Code of Australia 2013

I

ANSI/INFOCOMM 1 M ANSI/INFOCOMM 2M

I

ANSI/INFOCOMM 3M AS60118.4

-

Hearing

-

-

-

Audio

Coverage Uniformity

in Enclosed Listener Areas

Standard Guide for Audio/visual

Systems Design

and Coordination Processes

Projected Image System Contrast Ratio

aids

-

Magnetic field strength

in

audio-frequency

induction

loops for hearing

aid

purposes

AS1428.5-2008 AS/NZS3000 AS/NZS3080 AS4806.3

-

-

-

-

Designing for Access and Mobility

Wiring Rules Telecommunications installations

Closed Circuit Television

(CCTV)

-

generic cabling for commercial premises

-

PAL

Signal Timings and Levels

D I

The guiding principles for the AV systems shall be the provIsion of cabling infrastructure and installed equipment to enable the connection of more specialised and user specific equipment to be provided as a part

of the tenant’s fit-out works.

The basis of the AV

I

Paging

and

Systems includes the following provisions: Background Music Systems (PA & BGM)

Cable infrastructure to enable connection to the PA & BGM system from

Display

I

and presentation

input in the meeting

room

Simple LED digital scoreboard Provision of infrastructure for future installation of a

I I I I

I

I E J:lprojectslSYD1440500PIPM

I

specialist spaces

-

Project ManagementlRhodes Leisure Centre VPA Report.docx

Project number: SYD1440500P Dated: 11/11/2014

Revised:

18

Digital Signage System

Voluntary

Rhodes Indoor Leisure Centre Planning Agreement Performance Brief

I I

The and

I

Hydraulic Services

8

Hydraulic Services for the authority requirements:

Rhodes Leisure Centre will be

.

National Construction Code of Australia 2013

.

AS 3500 Parts 1-5

.

AS5601

.

NSW

designed

in accordance with the

following code

I I I

Plumbing &.Drainage Code of Practice

.

Sydney

.

Canada

Water

Corporation Requirements

Bay Council requirements

Potable water will be extended to all kitchen sinks, male and female amenities and mechanical heat

rejection

I

plant. A

separate non-potable reticulation system will be included for flushing, irrigation and wash down purposes.

Special consideration approach. Separate water

will be

meters

given

to

non-potable

water initiatives if available consistent with

complete with backflow prevention

.

Child Care Centre

.

Ground floor cafe

.

Commercial tenancies

.

Fitness center and club

.

Basketball court and

.

Centralized hot water

devices will be

precinct

I

provided for:

I

I

areas.

gymnasium sports auditorium

I

system

provided to control each group kitchens, plant and equipment and the like.

Individual control valves will be amenities and

a

I

based

of fixtures and wet areas

including, public

"Capped off’ provisional valves will be provided for the swimming pool plantroom (for continuation by swimming pool consultant), and all commercial and retail tenancies (ready to future extension by tenants) Sanitary drainage and ventilation

will be extended to all kitchen sinks and male and female amenities

I I

"Capped off’ provisional valves will be provided for the swimming pool plantroom (for continuation by aquatic engineer), and all commercial and retail tenancies (ready to future extension by tenants)

I

Gas-fire hot water heaters will be installed in the roof plantroom. A

complete flow and return systems incorporating circulating pumps will legs and associated heated water delay times.

be

Heated water will be circulated at 650C and returned to the heated water

plant at 60oC.

A

separate gas-fire hot water will supply the child

care

provided

to eliminate

system

dead

I

centre.

I

Fixtures, fittings and equipment will be provided with the maximum permissible 3 star WELS rating. Low pressure natural gas will be plant and equipment.

brought into the building

mechanical

to

supply

the domestic hot water

system and

I I

19129

I

I Rhodes Indoor Leisure Centre

Voluntary Planning Agreement Performance Brief

I 9

Fire Services

Fire services for Rhodes Leisure Center will be

in accordance with the National Construction Code

provided

and relevant Australian Standards.

Services shall include:

D

National Construction Code of Australia 2013 Smoke Detection and Alarm

I

System

Building Occupant Warning System Fire

I

Hydrant System

Fire Hose Reel

Design

System Portable Fire Extinguishers

Criteria

I

The

I

Automatic fire sprinkler system

NCC

Spec E1.5

AS 2118 Part 1-1999

Smoke Detection and Alarm

NCC

Spec E2.2a Clause 3

AS1670.1-2004

NCC

Spec E2.2a Clause 4

AS 1670.1-2004

Building Occupant Warning System

NCC

Spec E2.2a Clause 6

AS1670.1-2004

Fire

NCC

Spec E1.3

AS2419.1-2005

Fire Hose Reels

NCC

Spec E1.4

AS2441-2005

Portable Fire

NCC E1.6

Design Criteria forming the

basis of the Fire Services design will

System

I

I I I

I

An automatic fire

a)

AS2444-2001

Fire

sprinkler system will

sprinkler system

will be

be

provided throughout to suit the proposed

designed

to the following

architectural

layout.

design criteria;

Carpark ordinary hazard class 2 OH2 -

I

I

.

Gym

.

Childcare

.

Caf

.

Office

areas

Retail

areas

.

-

-

light hazard Class -

light hazard Class LH

ordinary

Plant areas

LH

-

-

-

hazard class 1 OH1

light hazard

ordinary

class LH

hazard class 3 OH3

ordinary hazard

class 1 OH1

b)

Sprinkler heads in office escutcheon plates.

c)

Sprinkler heads areas and plant spaces will

I

I

Extinguishers

Sprinkler System

I

~

Hydrants

comprise:

areas

will be 68 Co chrome fast response

pendant

heads with

be 15mm 68 CO bronze fast response heads.

2-piece white

Rhodes Indoor Leisure Centre Voluntary Planning Agreement Performance Brief

I I

Smoke Detection and Alarm

System

area for fire detection, analogue addressable looped smoke detection system will be provided throughout Panel provided at in Indicator Fire main building and building services shutdown which will be connected to the the residential entry lobby.

I

An

Interface will be

provided

I

with other services as follows; release of locked doors in egress

path.

.

security system for any monitoring and

.

building occupant warning system for controlled evacuation of building occupants.

.

mechanical services system for system shut down upon fire alarm.

I

I Building Occupant Warning System building occupant warning system building during a fire condition.

A

will be

provided throughout the

area

to allow controfled evacuation of the

Occupant warning speakers will be provided throughout the area, located to evacuation message at the required sound pressure level to all occupied areas. Portable Fire

Portable fire Fire

emit

a

pre-recorded

I

verbal

I

Extinguishers

extinguishers to suit the relevant risk and associated signage will

be

provided

if necessary.

I

Hydrants

Hydrants will

be

provided

where

adequate coverage cannot be achieved from hydrant outlets in the fire stairs.

Fire Hose Reels Fire hose reels will be

provided

where

adequate coverage

cannot be achieved from

hydrant outlets

I

in the fire

I

stairs

I

I I I

I I I I 21129

I

I Rhodes Indoor Leisure Centre Performance Brief

Voluntary Planning Agreement

I

I I

10

Vertical

Transportation Services

The Vertical

Transportation Services for the following code and authority requirements:

Rhodes Leisure Centre will be

designed

in accordance with the

National Construction Code of Australia 2013 AS 1735 Parts 1

or

2, and 12

AS 1428.1

I

Canada

Bay Council Requirements

AS/NZS 3000

Occupational

Health & Safety

Requirements

ISO 9001

I

Three

(3)x lifts rated at a minimum 1 ,500kg or 20 person rating will be provided to serve all designated Leisure car park and Leisure Centre levels. The lifts will be designed to allow for the internal transportation needs of the Leisure Centre providing access for the public, members and visitors including people with disa-

Centre

bilities.

I

I

The

primary strategies adopted

a) Lifts designed

for the

design of the transportation services include:

to handle passengers and

baggage

b) Parents with prams c) Machine Room-Less type lifts to negate the need

I D

d) Energy efficient drive e) Equipment design equipment The lifts will be and include

D

Car

and control

a

lift machine room;

systems; and

to allow for the

compliant with AS

as a

to build

safety, comfort and health

1735.12 and AS1428.1/2 with

of

users

regards

and

personnel working

to access for

people

on

the lift

with disabilities

minimum:

operating panels designed

to meet AS1735.12

requirements.

Levelling accuracy of :t6mm.

I I

Visible and tactile information

Voice annunciation within the lift

Self dialling Call button Entrance

I

landings and

within the car.

car

push button initiated communication system

shape to assist disabled

protection

The lifts will be

lights and

m

on

The Vertical

users.

devices to meet the

provided

screens

with variable

in the lift

car

with audible feedback.

requirements of AS1735.12 and

frequency AC permanent magnet sitting idle.

will be

D I

Project ManagementlRhoces

Leisure Centre VPA

Report.docx

Project number: SYD1440500P Dated: 11/11/2014 Revised:

switching

designed to’ interface with BMS and Security System.

I -

motors and automated

when lift is

Transportation System

J:lprojectslSYD1440500PIPM

the BCA.

22

off of

I I 10.1

Car Park

park levels will be provided with dedicated supply and exhaust plant located on l vel B 1. The air intake and exhaust ducts will reticulate through the leisure centre adjacent to the core and high level through the stadium, terminating above the roof of level 3. The fans will modulate according to the dictates of CO 2012. sensors within the car park to maintain conditions in accordance with the requirements of AS 1668.2

The basement car

-

10.2

Entry Foyer/Reception

entry lobby/reception and cafe are accessible directly from street level. The shopfront will be opened up during business hours and secured outside of trading hours, therefore separate secure access to the upper levels will be provided. The ground level foyer is the single point of access and egress onto Gauthorpe Street.

The

Key finishes/fit-out features will include: separate open stair (non-fire exit) as option when lift is out of service .

to the floor, walls and

.

3 x lifts with

.

The

.

Electrical outlets (2off) for cleaners shall be

.

General

.

Communications/data outlets

matching foyer paving

Entry Foyer services shall include the following provisions:

(6 off)

I I

I

provided.

shall be

I

I

protection handrails

lighting typical to that of an office entry foyer provisioned

I

to meet AS1680 be

provided.

provided and they shall be cabled back

to the local

I

Communications Room. .

security shall be provided in the form of a single fixed dome style camera and the primary provided with electronic security door hardware. A localised intercom shall be provided. The security alarm system for the premises will be provisioned with the ability to connect to a remote monitoring centre. Electronic

access

door

I

point (1 off) shall be provided.

.

MATV

.

Paging and background music central control interface.

.

Provision for future digital

.

Mechanical air be

.

10.2 Key

I

signage system.

conditioning consisting

I

of

a

ceiling concealed fan coil unit

with

heating

and

cooling

will

provided.

Automatic fire

I

sprinkler protection.

Cafe

I

finishes / fit-out features include:

Caf

preparation space with

basic food

preparation

The Coffee Bar services shall include the following

will be

provided.

I

provisions:

Electrical outlets shall be provided for a typical cafe/coffee shop. 20Amp (6 off) outlets shall be provided for specialist equipment. Additional power outlets (4off) for specialist lighting for food displays and signage and installation of lighting tracks in the future to be installed by the retail/coffee shop operator. General

lighting shall be provided

Electronic security will be

I

to meet AS1680.

provided

if the caf

I

is enclosed.

I I 23

I j,WSP I

I

I Rhodes Indoor Leisure Centre

Voluntary Planning Agreement Performance Brief

Communications/data outlets (4 off) shall be provided and they shall be cabled back to the local

I

I

Communications Room. No active ICT services will be provided. Connection and installation of services such as telephones and Internet will be a part of the tenant’s fit-out works.

..

MATV connection point

(1 off) shall be provided and connected

Background

paging system loudspeakers

music and

Mechanical air be provided.

~

conditioning consisting

of

a

ceiling

to the

Building

concealed fan coil unit with

wide MATV system.

heating

and

cooling

will

Adedicated kitchen exhaust, ducted from

a hood over the cooking range. The ductwork and fan will be sized to accommodate an exhaust rate of 3,000 I/s with air make up via the fa ade on ground floor. The exhaust fan will be located on the roof over the stadium adjacent to a dedicated maintenance access

I

route.

The kitchen exhaust fan will be BMS.

I

The caf will be

manually operated, locally from

naturally ventilated

the caf

kitchen and interfaced with the

and provided with comfort cooling to the general

seating areas.

Domestic cold water provided.

I

Undersink electric hot water heater provided to sink. Automatic fire sprinkler protection

are

provided.

I 10.3

I

Child Care

The Childcare Centre is located

on

the ground floor Level 1 via

a

separate entry.

The Childcare Centre services shall include the following provisions:

I

Electrical outlets (10off) for general power shall be provided. Cleaner’s outlets (2off) shall be provided. General lighting typical to that of a child care centre shall be provided to meet AS1680.

I

Communications Room.

Communications/data outlets (6 off) shall be provided and they shall be cabled back to the local MATV connection

Electronic

I

point (2off) shall be provided

security shall be provided

and connected to the

in the form of a

Building

wide MATV system.

single electronic securty door.

Kitchenette provided. The indoor childcare

facility will be provided with mechanical ventilation from the common leisure plant. Comfort cooling will be provided to each area via either water cooled packaged air conditioning units or chilled water fan coil units located within the ceiling void of the space.

~

centre ventilation

The childcare space will be mixed mode such that the space can be naturally ventilated via manually operable doors and windows connecting to the outdoor amenity space.

I I

1 0.4

Commercial Tenancies

Key finishes/fit-out features of the commercial tenancy spaces include: Commercial and retail

I I

to natural

will have

glass fronted facing onto the street with

The commercial and retail tenancy services shall include the provide safe movement only, as per AS 1680.0.

J:lprojectsISYD1440500P\PM

I

tenancy where possible

-

Project ManagementlRhodes leisure Centre VPA Report.docx

Project number: SYD1440500P Dated: 11/11/2014 Revised:

access

light.

24

following provisions:General lighting

to

I I .

Communications/data outlets (4 off) shall be provided and they shall be cabled back to the local Communications Room. No active ICT services will be provided. Connection and installation of services such as telephones and Internet will be a part of the tenant’s fit-out works.

point (1 off) shall be provided

and connected to the

.

MATV connection

.

Electrical distribution board for fit-out of services

.

Electronic security shall be

.

20mm

"capped off’ potable water isolation

100mm

.

"capped

off’

sanitary

waste

pipe

valve

system.

I

by tenant to be provided. single electronic security door.

in the form of a

provided

wide MATV

Building

I

I

(ready for continuation by tenant)

and 50mm

"capped

off’ vent

pipe (ready for continuation by

tenant) .

"Open floor" automatic fire sprinkler protection

.

.

are

I

provided

Each individual commercial area will be provided with capped off pipework connected to the heat rejection plant (ready for continuation by the tenant as part of fit out works).

common

plant also serving the childcare and general health and wellbeing spaces will be provided and capped off at the tenancy. Mechanical ventilation from

a common

ventilation

I I

10.5 All

Pool, Sauna and Steam Room

Swimming

specialist water treatment and filtration plant will

be

designed by specialist aquatic engineers.

.

Electrical outlets (10off) for general power shall be

.

General

.

Communications/data outlets

lighting typical to that of an

indoor aquatic centre shall be

(4 off)

shall be

I

provided. provided

to meet AS1680.

provided and they shall be cabled back

to the local

I

Communications Room. .

.

.

MATV connection

"capped off’

water isolation valve for sauna, steam room and

potable (ready for continuation by swimming pool consultant) 20mm

swimming pool plantroom

100mm "capped off’ sanitary waste pipe and 50mm "capped off’ vent pipe for swimming pool plantroom (ready for continuation by swimming pool consultant)

.

Drainage to swimming pool deck

.

Electronic

.

Automatic fire

.

Mechanical ventilation and

security shall be provided

plantrooms

I

point (1 off) shall be provided and connected to the building wide MATV system.

sprinkler protection

in the form of a

are

sauna

steam room

I

single electronic security door.

provided

general exhaust being served.

will

be

provided. Ductwork

will

reticulate from the

Key finishes / fit-out features of the health

I

and fitness club spaces include:

Health and fitness club spaces where natural light

possible

will have

glass windows facing the street with

.

The health and fitness club services shall include the following

.

Electrical outlets

General

I

adjacent to the space

10.5 Health and Fitness Club

.

I

(6off) for general power shall

be

(4 off)

shall be

to

I

I

provisions:

provided.

lighting typical to that of an office shall be provided

Communications/data outlets

access

provided

to meet AS1680.

and

they

shall be cabled back to the local

I

Communications Room.

I 25

I ,.WSP I

I

D Rhodes Indoor Leisure Centre

Voluntary Planning Agreement Performance Brief

I MATV connection point

D

(2off) shall be provided and

Electronic security shall be provided in the form of a

Automatic fire sprinkler protection

E

conditioning

D 10.7

conditioning consisting of a ceiling concealed heating and cooling will be provided.

Prep Area

services shall include the fOllowing

lighting typical to that of a kitchenette/tea

MATV connection

I I

Automatic fire

provided

boiling

or

water cooled

packaged

air

provisions:

10.8 The

and connected to the

building

wide MATV

to the local

system.

provided

to sink.

conditioning consisting

of

a

ceiling concealed fan coil unit with heating

and

cooling will

off)

shall be

provided and they

shall be cabled back to the local

sprinkler protection is provided.

Mechanical air be

provided and they shall be cabled back

provided.

Automatic fire

~

to meet AS1680.

general exhaust will be provided.

Communications/data outlets (4 Communications Room.

~

provided

provided for

sprinkler protection is provided.

Mechanical air be

prep shall be

shall be

to sink and dishwasher.

water heater

Mechanical ventilation and

I

shall be

off)

point (1 off) shall be provided

Domestic cold water Undersink electric

conditioning consisting

of

a

ceiling

concealed fan coil unit with

heating

and

cooling

will

provided.

Gymnastics Space

gymnastics space services shall include the following provisions: .

Electrical outlets

.

General

.

Communications/data outlets

I

(6off) for general power shall

be

provided.

lighting typical to that of a gymnastics space shall (2 off)

shall be

provided

be

and

provided

to meet AS2560.

they shall

be cabled back to the local

Communications Room. .

MATV connection

.

Electronic

.

No

.

Automatic fire

point (1 off) shall be provided

security shall be provided

and connected to the

in the form of a

hydraulics are provided. sprinkler protection is provided.

I J:lprojectslSYD1440500PIPM

I

fan coil unit

Electrical outlets (6 off) for general power shall be provided. 20Amp (2off) outlets specialist equipment.

Communications/data outlets (2 Communications Room.

a

provided

are

KitchenettelTea Prep Areas

General

I

single electronic security door.

Kitchenettes will be provided in locations as marked out on the floor plans.

m

m

system.

unit with

The Kitchenette / Tea

I

wide MATV

Building

Mechanical ventilation and general exhaust will be provided. Mechanical air

I

connected to the

-

Project ManagementlRhodes Leisure Centre VPA Report.docx

Project number: SYD1440500P Dated: 11/11/2014 Revised:

26

building

wide MATV

single electronic security door.

system.

I I gymnastics spaces will generally be naturally ventilated from the fa ade via mechanical louvres controlled via the BMS. In times of peak load the mechanical louvres will close and the dedicated mechanical ventilation and cooling system located in an adjacent plantroom will operate to maintain conditions at setpoint.

The

I I

10.9 Basketball Auditorium Key finishes I fit-out features of the basketball auditorium space include: light will requirements.

integrated into the building fabric

be

Natural

.

to minimize the amount of

Natural ventilation could be

.

A

.

The basketball auditorium pace services shall include the following

.

Electrical outlets (8off) for general power shall be

.

General

.

MATV connection

.

No

.

VESDA

performance based solution would be provided for the omission of automatic fire sprinkler protection.

lighting typical to that of an

office shall be

I

provided. provided

to meet AS2560.

point (2off) shall be provided and connected to the building wide MATV system.

optical smoke detection

are

I

provisions:

hydraulics are provided. or

I

integrated with mechanical systems for a hybrid mode of operation.

.

.

general lighting

I

provided

generally be naturally ventilated from the fa ade via mechanical louvres controlled via peak load the mechanical louvres will close and the dedicated mechanical ventilation and cooling system located in an adjacent plantroom will operate to maintain conditions at setpoint.

The stadium will

I

the BMS. In times of

10.10 Storerooms and Back of House Areas Storerooms will be

provided

in locations as marked out on the floor

The Storerooms services shall include the following .AII Storeroom door shall be lockable via .

.

General No

lighting typical

key

Automatic fire

.

Store

provisions:

and

to that of Storeroom

no

electronic

provisioned

security shall

be

provided.

to meet AS1680 be

rooms will

be

mechanically

The Toilets I Showers Amenity Domestic cold water

provided.

are

provided

ventilated.

I

Spaces

Spaces services shall include the following provisions:

I

provided.

Non-potable water will

be considered for flushing and

Centralized gas fired hot water

and installation of the following fixtures and

a

I

irrigation purposes.

heating plant will provided

Common toilet exhaust which will be reticulated to

Supply

I I

sprinkler protection

10.11 Toilets / Showers Amenity

.

I

plans.

hydraulics are provided

.

I

basins and showers and kitchens

riser located in the

core.

tapware:

I I I

27

I ,.WSP I

I

I Rhodes Indoor Leisure Centre

Voluntary Planning Agreement Performance Brief

I Ground Floor Level 01 Amenities

I

D

I I

~

.

5 x male/female WCs

.

4 x male/female basins

.

1

x

disabled WC

.

1

x

disabled basin

.

1

x

male/female shower

Ground Floor Level 01 Childcare .

5 x children’s WCs

.

4 x children’s basins

.

1

I I

I a m m I

staffWC

1

x

staff basin

.

1

x

staff male/female shower

Level 02 Members

Change Rooms

4 x male/female WCs

.

I

x

.

.

6 x male/female Basins

.

6 x male/female Showers

Level 02 Public Amenities .

9 x male/female WCs

.

3 x male Urinals

.

8 x male/female Basins

.

6 x male/female Showers

Level 02 Unisex Amenities .

2 x male/female WCs

.

2 x male Urinals

.

2 x male/female Basins

.

2 x male/female Showers

Level 02 Family Amenities .

1

.

1

.

2 x male/female Sink

x

male/female WC

x

male/female Basin

Level 02 First Aid Room .

1

x

sink

I

I I D J:lprojectslSYD1440500PIPM

I

-

Project ManagementlRhodes

Leisure Centre VPA

Report.docx

Project number: SYD1440500P Dated: 11/11/2014 Revised:

28

.1 I

I I

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Walker Street

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Marquet

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Development Pty Limited

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Schedule 7

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(Clause 1,1)

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23 Marquet Street, Rhodes

11-21

Marquet Street,

1345/558798

Billbergia

1/SP37320,4/SP52278,

Developer

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Rhodes

I 21

Marquet Street, Rhodes

3/SP52278

St

Twenty One Marquet

I 6-10 Walker

Street, Rhodes

21/624240,

Bay Tower

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12 Walker

Street, Rhodes

1/15734

Developer

14 Walker

Street, Rhodes

2/15734

Twelve Walker

101/624798

Thirty Four Walker

34 Walker Street, Rhodes

I I

I I I

I 20524643_1.DOCX 20524643.1

46

CAR CAR

I

m Rhodes West Station Precinct

D

City

of Canada

Walker Street

-

Marquet

Planning Ag

Bay Council

Development Pty Limited

I D

& Walker Streets

DL

& Ors

Schedule 8 (Clause 10.4)

Public

Purposes for Monetary Development Contribution

Upgrading

m

of roads and

footpaths in Rhodes to improve access and traffic flows; vehicular, cyclist and out of the Peninsula; and to improve the amenity

and

pedestrian safety and management, in

and

safety generally;

Provision of bicycle storage and Facilities associated with

I

car

user

facilities;

share schemes, but

only whose

which

are

made available to the

general public; Construction and fit out of community facilities including and public

~

car

an

indoor leisure centre, child

care

Public art;

Significant and high quality upgrade of the public domain

area

around the station and

surrounding

streets;

I

Costs involved in the

I

employing a quality assurance consultant and a project manager and to manage design, construction and fit out of a community centre, childcare centre and public parking;

Provision/embellishment of public domain infrastructure The Connection

Community Facility located

on

on

the Rhodes Peninsula; and

Shoreline Drive, Rhodes.

I I

I I I

I I I 20524643_1.DOCX

I

centre

park;

20524643.1

CAR CAR

47

I Rhodes West Station Precinct

City

Marquet &. Walker Streets Planning Ag

Bay Council

of Canada

Walker Street

-

Development Pty Limited

DL

I

&. Ors

I

Schedule 9 (Clause 23.3)

I

Sustainability Initiatives An average thermal comfort star

.

rating of 5 stars or better (using BERS Pro, AccuRate

or

First

I

Rate5; Double

.

glazed, lowe-glass to all apartment windows

-

achieving summer/winter (glass only) U-

values of around 1.7 or less; .

I

non-glazed external walls;

R2.5 insulation to all

plus foil insulation to the underside of all roofs and roof terraces over apartments; Non-potable (recycled)water reticulation to all apartment WC’s and laundries (washing machine supply), the irrigation of gardens and the supply of carwash bays. Recycled water to be supplied by the existing recycled main system installed to Rhodes Peninsula; Recycling of water from the fire pump testing system; Drip irrigation to all planters / on slab landscaping, except turf areas; R3.0

.

.

.

.

.

.

.

.. .

I

I

Water efficient taps;

Energy efficient light fittings; Energy efficient VWF lifts; Energy efficient variable speed fans for mechanical exhaust system; Building Management Tools to minimise water and energy use o

Motion

o

Time based controllers.

I

sensors.

I

Irrigation control systems. Air quality monitors for carpark ventilation system control, o Spaces with the development for the separate storage of recyclable material, bulky goods and o

.

"electronic" waste; of 80% by

weight

.

Recycling

.

The extensive use of: o

of construction waste;

precast concrete walls (which are fabricated in minimal

Reinforcing

steel with

a

Also, windows and balustrades

recycled

.

a

factory, with

re-usable formwork and

I

waste).

re-us~ble formwork for internal floors and

.

I

high recycled

are

made from

core

walls

on

site.

steel content

glass, and inherently recyclable material with

a

I

material content.

Low emission

paints for all internal flat and low sheen areas. Water based paints for all internal gloss and semi-gloss areas. No use of unsustainable rainforest timbers. Specification of sustainably sourced timber for apartment timber elements (architraves, skirtings and the like), Minimal use of MDF (Generally only used for doors and kitchen and bathroom joinery doors which are fabricated off site in factory conditions. No MDF for skirtings or architraves.) The provision of bicycle parking (for use by residents and/or apartment visitors) within the basement.

I I

I

I I

I 20524643_1.DOCX 20524643.1

48

CAR CAR

I

Rhodes West Station Precinct

City

of Canada

Walker Street

-

Marquet

8r. Walker Streets

Bay Council

Development Pty Limited

Planning Ag

DL

8r. Ors

I

~

Schedule 10

E

(Clause 1.1)

I I D I

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I I I

I I ~ 20524643_1.DOCX

I

20524643.1

CAR CAR

49

I Rhodes West Station Precinct

-

Marquet 8t Walker Streets Planning Ag

City of Canada Bay Council Walker Street

Development Pty Limited 8t

DL

I

Ors

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I 20524643_1.DOCX 20524643.1

50

CAR CAR

I

I I D

Design and Construct Contract (based on AS4902)

m New South Wales

I

~ D I

City of Canada Bay Council ABN 79 130 029 350

I

I I

Billbergia (NSW)Pty Limited ACN 158 326 017

m

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gadens 77 Castlereagh Street Sydney NSW 2000

Australia

D

T

+61 29931 4999

F

+61 29931 4888

Ref SQL:32615478

I 20498324.2

r AR CAR

I I Formal Instrument of Agreement

I /20

/

Dated

I

Parties 1.

City of Canada Bay Council (ABN 79 130 029 350)of [insert address] (Principal).

2.

Billbergia (NSW)Pty Limited (ACN 158326017)of Suite 101,25 Angas Street Meadowbank, NSW 2114 (Contractor).

I I

Background complete the Works in

A.

The Principal wishes to engage the Contractor to carry out WUC and accordance with the requirements of the Contract.

B.

The Principal and the Contractor agree that the Contractor shall carry out WUC and the Works for the Principal on the terms of the Contract.

Agreed 1.

complete

I

Performance The Contractor shall carry out WUC and

complete the Works in accordance with the

Contract.

(b)

( c)

2.

The Principal shall pay the Contractor the Contract Sum at the times and in the manner provided for in the Contr ct. Each of the parties shall perform the

I

I

obligations imposed on it by the Contract.

I

Contract sum (a)

Subject to subclause 2(b), the Contract Sum is $56,132,853 plus GST.

(b)

The Contract Sum shall be 1 December 2014 and 1

A=B

x

I

subject to a quarterly adjustment which will occur on

March, 1 June, 1 September and 1 December of each

subsequent year (each such date being a Review Date). Such adjustment will be calculated in accordance with the following formula:

(i)

I

I

terms

(a)

I

I

I

C/D

where:

A

=

the Contract Sum payable

I immediately following the relevant Review

Date; the Contract Sum payable

B

=

C

=

the Current cpr; and

D

=

the Base CPr.

immediately prior to the relevant Review Date;

I I I

I (c)

I

In this clause:

(i)

Base CPI means: 1.

the CPI Index last published Review

2.

prior to the immediately preceding

Date; or

ifthere is no such prior Review Date (as is the case for the 1 December date), the CPI Index for the June quarter 2014.

2014 review

I (ii)

Current CPI means the CPI Index last published

prior to the relevant Review

Date;

I (d)

I

’CPIIndex’ means Consumer Price Index Australia All

Nothing

in clause 2(b) shall cause the Contract following a Review Date.

reduced

(e)

.~

m

(iii)

3.

Sum to be

Groups Sydney.

negatively adjusted or

The Principal shall pay the Contractor the Contract Sum, adjusted by any additions or deductions made pursuant to the k::ontraC~[LTL11.

Contract documents (a)

The Contract

comprises the following documents marked

as

follows:

I Document

1

lnescriptio~[LTL21

(A)

This Formal Instrument of Agreement

(B)

Design and Construct General Conditions of Contract (and all Annexures except for Annexure G)

(C)

"Design Brief For the Proposed Rhodes Leisure Centre"

D (D)

Rhodes Indoor Leisure Centre

-

based

-

on

AS4902

-

2000

Voluntary Planning Agreement Performance Brief by WSP

dated 11 November 2014 prepared

I

(E)

SJB

Drawing Nos. A-0204 Rev 3; A-0205 Rev 3; A-0206 Rev 3; A-0207 Rev 3; A-

0208 Rev 3; A-0210 Rev 3; A-0602 Rev 3

I.

(F)

Acoustic Isolation Requirements

drawings dated

11 November 2014 prepared

WSP

1 I I

o

(G)

Preliminary Fixtures and Finishes Schedule Rev 3 dated

(H)

Altus

Page Kirkland cost plan

dated 12 November 2014

12 November 2014

by

I (b)

Where there is any inconsistency, ambiguity or discrepancy between the documents set out above, they will prevail in their stated order of precedence, so that this document is the primary contract document.

4.

I

Entire contract

(a)

The documents listed in clause 3 constitute the entire agreement between the parties in respect of the Works and the Contract supersedes all previous agreements, undertakings

I

only by written instrument executed by both parties.

I

or

Contract.

(b)

The Contract may be varied

Parties to give effect to the contract The parties agree that they shall do Contract.

I

oral, relating to the subject matter of the

and communications, whether written

5.

I

I

everything reasonably necessary to give effect to the

I 6.

Work

performed prior

to date of execution of contract

The tenns of the Contract apply to all of the Works

even

if they were

perfonned prior to the

I

date of execution of the Contract.

I

I I I I

I

I I

I I

I

D E D

D

Executed

as an

agreement.

Signed on behalf of City of Canada Bay Council by its authorised representative: Witness

E

Authorised

representative Print name

Print name

~ ~

Signed on behalf of Billbergia (NSW)Pty Limited in accordance with section 127 of the

Corporations Act 2001: Director

D Secretary/Director

I Print name

I

I I ~

I I

I a

m I ~

Print name

I I AS 4902-2000

I

(Incorporating Amendment No.1)

I

: en . CD o

t

I

o o o

I I Australian Standard"

I I

Amended from AS 4902-2000

I

General conditions of contract for

design

and construct

I I

New South Wales

I This

document

Australia

is

based

on

Standards

I

Ltd

copyrighted material that is by SAI Global Ltd on Standards Australia Ltd’s behalf. It may be reproduced distributed

and modified in accordance with the terms of SAI Global Ltd’s Licence 1406-c079-2 to

Gadens

Lawyers Sydney (’the Licensee? -

All

amended, marked-up and licensed copies of

I

I

this document must be obtained from the

Licensee. Standards Australia Ltd’s

copyright

material is not for resale, reproduction or distribution in whole or in part without written

permission from SAI Global Ltd: tel +61 82066355 or copyright@saiglobal.com

~STANDARDS AUSTRALIA ..

I

2

I

I

I

2

AS 4902-2000

I I

CONTENTS Clause

I

Title

1 INTERPRETATION AND CONSTRUCTION OF CONTRACT 2 NATURE OF CONTRACT

I

3 PROVISIONAL SUMS 4 SEPARABLE PORTIONS

~

5 SECURITY

NOT USED

Page 4

lQU llH 1l+.J 12+.J

U-1-&

6 ERROR!BOOKMARK NOT DEFINED.-1-&

D

7 SERVICE OF NOTICES

8 CONTRACT DOCUMENTS

m I

9 ASSIGNMENT AND SUBCONTRACTING 10 INTELLECTUAL PROPERTY RIGHTS

I D I

I I m

I I ~

o

1]-1-& 12H lQ+9

11 LEGISLATIVE REQUIREMENTS

17+9

12 PROTECTION OF PEOPLE AND PROPERTY

.lliU

13 URGENT PROTECTION

I

1]-1-&

il.U

14 CARE OF THE WORK AND REINSTATEMENT OF DAMAGE

12U

15 DAMAGE TO PERSONS AND PROPERTY OTHER THAN WUC

20~

17 PUBLIC LIABILITY INSURANCE

21M

18 INSURANCE OF EMPLOYEES

22~

19 INSPECTION AND PROVISIONS OF INSURANCE POLICIES

22~

20 PRINCIPAL’S REPRESENTATIVE

23Ut

21 DELEGATE OF THE PRINCIPAL’S REPRESENTATIVE

23Ut

22 CONTRACTOR’S REPRESENTATIVE

24~

23 CONTRACTOR’S EMPLOYEES AND SUBCONTRACTORS

24;!+

24 SITE

24~

25 LATENT CONDITIONS

25~

26 SETTING OUT THE WORKS

26~

27 CLEANING UP

26~

28 MATERIALS, LABOUR AND CONSTRUCTION PLANT

26W

29 QUALITY

27W

30 EXAMINATION AND TESTING

283+

31 WORKING HOURS

29~

32 PROGRAMMING

29~

33 SUSPENSION

30~

34 TIME AND PROGRESS

TIM

35 DEFECTS LIABILITY

33~

36 VARIATIONS

33J.+

37 PAYMENT

34J.&

38 PAYMENT OF WORKERS, CONSULTANTS AND SUBCONTRACTORS

374-1-

20498324.2

CAR CAR

I 3

AS 4902-2000

39 DEFAULT OR INSOLVENCY

38~

40 TERMINATION BY FRUSTRATION

414:5

41 NOTIFICATION OF CLAIMS

1146

42 DISPUTE RESOLUTION

4246

43 WAIVER OF CONDITIONS

4348

44GST

4348

45 ENVIRONMENT AND POLLUTION

4448

46 PERSONAL PROPERTY SECURITIES ACT 2009

4449

PART A

45W

PARTB

52~

PARTC

53~

PARTD

55

PARTE

57~

PARTF

58~

PARTG

59

PARTH

60

PART I

62

PARTJ

6369

PARTK

641G

PARTL

65+l-

PARTM

66n

PARTN

69~

I

I

I I I I I I

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I

I I I

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I 20498324.2

CAR CAR

I

I 4

D STANDARDS AUSTRALIA Australian Standard

I m

General conditions of contract for design and construct

1

Interpretation and

construction of Contract In the

Item

Basement Works

Contract, except where the context otherwise requires: Item in Annexure Part

means an

the

means

Revision

D

areas

3

A;

marked Bl to B5 inclusive

dated

11

November

2014

drawing A-0602 prepared by SJB

on

Architects; Business Day

~ certificate ofpractical completion

I

compensable

cause

~ ~onsequentiallossrLTL31

D

day other than:

means

any

(a)

a Saturday, Sunday Wales; and

(b)

27,28,29,30 or 31 December;

has the

meaning

or

public holiday

in subclause

34.6;

wrongful act, default or omission of the Principal’s Representative, the Principal or its consultants, agents or other contractors (not being employed by the Contractor); means

any

means

any of the

following kinds

of loss

of or in connection with the Works

I

I

in New South

(a)

loss of profits;

(b)

loss of revenue;

(c)

loss of production;

(d)

loss of use;

(e)

loss

of

opportunity

to

or

or

damage arising

out

the Contract:

mcrease

margins

or

develop

business;

I

I

I

(f)

damage to business reputation

(g)

wasted

(h)

sums liquidated (including liquidated penalties, losses or damages under any other agreements other than the Contract;

(i)

costs

and

U)

m D

construction plant

10498314.1

CAR (’AR

or

goodwill;

overheads;

of removal and storage of defective

materials;

damages), contracts or

goods

or

plant

or

in addition to, and without

limiting, the kinds of loss or damage set out in subclauses (a)-(i), any kind of indirect or consequential loss or any loss or damage considered as being beyond the normal measure;

means

appliances and things used in the carrying

out

of WUC

I 5

consultant

but not

forming part of the Works;

means

any

person

engaged by

I the Contractor to

perform

consultancy services in connection with WUC and includes any Principal’s consultant whose prior contract is novated to the

I

Contractor under subclause 9.5; Contract

the agreement between the Principal and the Contractor constituted by the documents set out in clause 3 of the Formal

means

Instrument ofAgreement; contract sum

Contractor Contractor’s

design obligations

price stated in clause 2 of the Formal Instrument of Agreement (as adjusted by clause 2 of the Formal Instrument of Agreement) and is inclusive of the provisional sums listed in Annexure Part H; the GST exclusive

means

the person bound to carry out and

means

all tasks necessary to design and specify the Works required by the Contract, including preparation of the design

means

and, if the documents stated in Item 10 as describing the Principal’s project requirements include a preliminary design, developing the preliminary design;

completion

I I

I I

means:

(a)

I

complete WUC;

documents

date for practical

I

where Item

7(a) provides

a

date for practical

completion,

the date;

(b)

7(b) provides a period of time for practical completion, the last day of the period,

where Item

practical completion is directed by the Principal’s Representative or allowed in any expert determination or litigation, it means the date resulting therefrom; but if any EOT for

date

ofpractical completion

means:

(a)

certificate ofpractical completion which practical completion was reached;

the date evidenced in as

the date upon

a

where

another

date

is

determined

in

any

defects liability period ofthe

delegate Principal’s Representative

design

20498324.2

CAR CAR

documents

I

I

expert

determination or litigation as the date upon which practical completion was reached, that other date;

defects

I

I

or

(b)

I

I

defect, shrinkage, fault, non-conformance or omission in the Works including any part of the Works which is not in accordance with the requirements of the Contract;

I

has the

I

means

means

any

meaning an

in clause 35;

individual

Representative

appointed

in

writing by

the

Principal’s

under clause 21;

the drawings, specifications and other information, samples, models, patterns and the like required by the Contract and created (and including, where the context so requires, those to be created by the Contractor) for the construction of the

I

means

I I

I 6

D Works; direction

I m

includes

agreement, approval, assessment, authorisation, certificate, decision, demand, determination, explanation, instruction, notice, order, permission, rejection, request or requirement;

dispute

has the

meaning

in clause

EOT (from ’extension

has the

meaning

in subclause

excepted risk

has the

meaning

in subclause 14.3;

final certificate

has the

meaning

in subclause

finalpayment

has the

meaning

in clause 37;

m

finalpayment claim

D

force majeure

event

D

means

37.4;

the final payment claim referred to in subclause 37.4;

any of the following events provided that they are outside the reasonable control of the affected party and could not have been prevented, avoided or overcome by that party means

taking all reasonable steps and could not reasonably have been provided against before the date of the Contract:

I

(a)

earthquake, fire, landslide, flood or meteor;

(b)

war

I

(declared

or

undeclared), invasion, act of a foreign nations, civil insurrection or

enemy, hostilities between

military usurped

I

m Formal Instrument of

Agreement

right

I

latent condition

legislative requirement

power;

(c)

act of public enemy, terrorism, civil unrest

(d)

ionising

(e)

intellectual property

I

34.3;

of time’)

I

~

42;

or

revolution;

radiation

or

contamination

any nuclear waste

or

from combustion of nuclear

by radioactivity from fuel; or

confiscation, nationalisation, requisition, expropriation embargo by or under the order of any authority;

means

the document appearing

on

is required to be executed by both means

copyright or has the

the front ofthis Contract which

parties;

patent, registered design, trademark

any

other

meaning

or

or

name,

protected right;

in subclause 25.1 ;

includes:

(a)

Acts, Ordinances, regulations, by-laws, orders, awards and

proclamations of the Commonwealth of Australia and or the particular part thereof is being carried out;

the jurisdiction where WUC

I (b)

certificates, licences, consents, permits, approvals and requirements of organisations having jurisdiction in connection with the carrying out of WUC; and

(c)

fees

I ~

charges payable

in

connection

with

the

foregoing; Moral Rights

any moral rights conferred by Part XI of the Copyright Act (Cwlth)and any other similar rights arising under any other

means

1968

I I

and

law in Australia

10498324..2

CAR CAR

or

anywhere else in the world

at any

time;

I 7

I PPSA Act

practical completion

means

Personal Property Securities Act 2009 (Cth);

is that stage in the

(a)

the Works

carrying

are

out and

completion of WUC when:

from

being reasonably capable of being used for their intended which

(i)

I

complete except for minor defects: do

prevent the

not

Works

I

purpose;

Principal’s Representative determines grounds for not and promptly rectifying;

I

the

I

which the

(ii)

the

Contractor has reasonable

(iii) the rectification of which will convenient use of the Works; (b)

those tests which

carried out and

completion (c)

(d)

pre-existing

intellectual

property rights

preliminary design

prescribed

notice

required by

are

not

prejudice

the Contract to be

before the Works reach

passed

have been carried out and

practical

passed;

required under the Contract which, in the Principal’s Representative’s opinion, are essential for the use, operation and maintenance of the Works have been supplied (including the documents identified in subclause 9.4); and

documents and

I

other information

certificates, approvals and permits required to be given or issued by any legislative requirement before the Works can be occupied and/or used for their intended purpose have been issued and provided to the Principal’s Representative;

I I

all

intellectual property

means

rights

created

prior

to and not for

the purposes of the Contract; means

means

Principal’s project requirements

means

meaning

I

the

Principal stated

the

I

in subclause 41.1 ;

Principal’s

in Item 1;

written

requirements for the Works

described in the documents stated in Item 10 which:

shall include the purpose

(a)

I

the documents stated in Item 11;

has the

Principal

I

for which

the

Works

are

I

intended; include the Principal’s design, timing objectives for the Works; and

(b)

may

(c)

where stated in Item

10, shall include

I

a

and

cost

I

preliminary

design; Principal’s Representative

the person stated in Item 5 as the Principal’s Representative other person from time to time appointed in writing by the Principal to be the Principal’s Representative and notified as such means

in

writing to the Contractor by the Principal and, so far as concerns functions exercisable by a delegate of the Principal’s Representative, includes a delegate of the Principal’s Representative; the

program 20498324.2

CAR CAR

I

or

I I

has the meaning in clause 32;

I

8

progress

m

certificate

provisional sum

has the

meaning

has the

meaning

contingency Part

public liability policy

qualifying

I

of delay

cause

in subclause 37.2; in clause 3 and

and

sum

prime

includes monetary sum, set out in Annexure

cost item

H;

has the

meaning

in clause 17;

means:

(a)

default

act,

any

Representative, the other

contractors

of

the

Principal’s Principal or its consultants, agents or (not being employed by the or

omISSIOn

Contractor);

a

D D I

(b)

state

(c)

a

(d)

inclement weather;

(e)

a

(f)

delay in an occupation certificate under the Environmental Planning and Assessment Act 1979 (NSW)being issued;

(g)

a failure to achieve to the satisfaction of the Contractor the level of pre-sales it requires in relation to the Tower Works;

(h)

a

or

variation;

declaration of war;

a

I

failure or delay in obtaining

Works

I

nationwide industrial disputes;

or

a

development consent for the

the Tower Works;

(i)

aforce majeure event; or

(j)

a

civil commotion

or

riot which prevent WUC from being

performed;

I schedule

of rates

I

or

respective

rates of

payment for the execution of that work

and which may also include sums, quantities and prices;

I

security

Security ofPayment

I

Act

selected subcontract

I

means any schedule included in the Contract which, in respect of any section or item of work to be carried out, shows the rate

means

lump sums,provisional sums, other

retention moneys;

means the Building and Construction Industry Security of Payment Act 1999 (NSW);

has the

meaning

in subclause

9.3;

has the

meaning

in subclause

9.3;

work

selected subcontractor

separable portion

o

means a or

site

by

portion of the Works identified as such in the Contract Principal’s Representative pursuant to clause 4;

the

means

the lands and other

places

to be made available and any

other lands and places made available to the Principal for the purpose of the Contract;

I 20498324.2

(’AN. (’AR

Contractor

by

the

I 9

I subcontractor

any person

means or

engaged by

the Contractor to carry out part

parts of WUC, and in clauses 3, 9 and 37A includes

a

I

consultant; survey mark

in clause 26

survey peg,

means a

benchmark, reference mark,

signal, alignment, level mark or any other mark of setting out, checking or measuring WUC; temporary works

work used in

means

carrying

out and

for the purpose

completing WUC, but

not

I

forming part of the Works; test

has the

meaning

in subclause 30.1 and includes examine and

measure;

the Works

completed in the Contract, including variations provided for

the whole of the work to be carried out and

means

accordance with

Tower Works

I

I

by the Contract and the works identified in Annexure Part G, which by the Contract is to be handed over to the Principal;

I

fronting Walker Street and the 22 Street depicted in drawing AMarquet fronting storey 0602 Revision 03 dated 11 November 2014 prepared by SJB

I

the 34 storey tower

means

tower

Architects; variation WHS Regulation work Work Health and

Safety Legislation

WUC

(from ’work

under the Contract’)

has the

Work Health and

means

I

meaning in clause 36;

includes the

provision

Safety Regulations 2011 (NSW);

I

of materials; relation

(including any legislative requirement) in to workplace health and safety including: laws

means

(a)

Work Health and

(b)

WHS Regulation;

means

the work which the Contractor is

carry

out

and

I

Safety Act 2011 (NSW);and

complete

under

or

may be

required

Contract and

the

to

variations, remedial work, construction plant and temporary

works, and like words have

a

(b)

I

references to

days mean calendar days and references to a include an individual, firm or a body, corporate or person unincorporate; time for

doing

if it ends

on a

any act

day

or

thing

that is not

to end on the next Business

under the Contract shall, Business

Day, be deemed

Day;

headings and subclause headings shall not form part of, nor be used in the interpretation of, the Contract;

(d)

words in the

I

include the

I

and words in the

singular plural singular, according to the requirements of the context. Words importing a gender include every gender; include the

communications between the

Representative language; CAR CAR

I

clause

plural

:!0498314.!

a

(c)

(e)

I

corresponding meaning.

In the Contract:

(a)

I

includes

Principal, the Principal’s English

and the Contractor shall be in the

I I

I

I 10

(f)

measurements of physical quantities shall be in units of measurement of the jurisdiction in Item 8;

(g)

unless otherwise

provided, prices are 9(a) and payments shall be made the place in Item 9(b);

in the currency in in that currency at

Item

I (h)

governing the Contract, its interpretation and construction, and any agreement to arbitrate, is the law of the jurisdiction in Item 8;

(i)

if pursuant

I

the law

Conditions

or

m U)

no

their

E

to

these

General

parts

in

these

General

are

as

rule of construction shall

disadvantage

D

of

a

forward the clause

apply

to

a

clause to the

party merely because that party put or

would otherwise benefit from it.

2 Nature of Contract

2.1

Performance and payment

The Contractor shall carry out and complete WUC in accordance with the Contract and directions authorised by the Contract. The

Principal shall

I

pay the Contractor the contract sum, deductions made pursuant to the IContraC~[LTl.Al.

m

2.2

adjusted by

any additions

limiting

the

generality

of subclause

2.1, the Contractor

warrants to the

Principal

that:

(a)

I

the Contractor:

(i)

at all times shall be suitably qualified and experienced, and shall exercise due skill, care and diligence in the carrying out and completion of WUC;

(ii)

has examined any preliminary design included in the Principal’s project requirements and that such preliminary design is suitable, appropriate and adequate for the purpose stated in the Principal’s project requirements;

I

(iii) shall carry out and complete the Contractor’s design obligations to accord with the Principal’s project requirements and, if subclause 9.5 applies, accept the novation and retain the Principal’s consultants for any work the subject of a prior contract with the Principal; and

I

I

(iv)

shall carry out and

complete WUC in accordance completed, shall:

with the

design

documents

that the Works, when

I

(A) be fit for their stated purpose; and (B) comply with all the requirements of the Contract; and

(b)

m

or

Contractor’s warranties

Without

m

Part

deleted, the Contract shall be read and though the clause or its part has been deleted, whether or not that particular clause or its part has been struck from these General Conditions; and construed

I

Annexure

to

Conditions, clauses

D

D

legal

20498324.2

subject to

CAR CAR

clause

9, the consultants are suitably qualified and experienced.

so

I 11

the Notwithstanding any other provision of the Contract, the Contractor warrants to and Works the of is supporting capable Principal that the Basement Works structure

(c)

I

I

the Tower Works.

Warranties unaffected

2.3

The warranties remain unaffected

I

notwithstanding:

design work (including the preliminary design) has been carried out by behalf of the Principal and included in the Principal’s project requirements;

(a)

that

(b)

that the Contractor has entered into

Principal and

a

Principal’s

or on

novation of any prior contract between the consultant under subclause 9.5 and thereafter has retained

I

that consultant in connection with WUC;

(c)

receipt or review of, or comment Principal’s Representative; or

(d)

any variation.

any

2.4

Not used

2.5

Not used

I

a

or

direction on, the

design

documents

by the

I I I

3 Provisional sums

I

3.1Adjustment of contract sum

Upon the work

or

item to which the provisional

the Contractor, the work

or

difference shall be added to

item shall be or

sum

priced by

or

damages payable by the

Contractor to the subcontractor

any

(b)

any deduction of cash discount for prompt an

amount for

in Item 13

profit

(LTL510r

supplied by a subcontractor, payable by the Contractor to

or

the the

I

item, disregarding:

(a)

plus

I

deducted from the contract sum.

Where any part of such work or item is carried out Principal’s Representative shall allow the amount

subcontractor for the work

being carried out or s pplied by Principal’s Representative, and the

relates the

or

vice versa; and

I

payment,

and attendance calculated

by using the percentage thereon stated so stated, as assessed by the

els.ewhere in the Contract, or, if not

I

Principal’s Representative. 3.2Deletion of provisional

sum

(a)

Principal may, at its sole discretion, inform the Contractor that the to which a provisional sum relates will not be carried out or supplied.

(b)

If the work

The

pursuant

to

I

work

work

or

item

item to which

a

I

contract sum.

4

I

provisional sum relates is not carried out or supplied paragraph (a)the applicable provisional sum shall be deducted from the

or

Separable portions

Separable portions may identify for each, the:

be directed

by the Principal’s Representative, who shall clearly

of the Works;

(a)

portion

(b)

date for practical completion; and

20498]24.2

CAR CAR

I I I

I 12

D (c)

respective

amounts for

security, bonus, liquidated damages and delay damages (all according to the ratio of the Principal’s Representative’s valuation of the separable portion to the contract sum). calculated pro-rata

I

5

Security

5.1

D

Provision

Security

shall be

provided by the Contractor

to the

Principal in

accordance with Item 14,

and this clause 5.

I

5.2

Recourse

D

The Principal shall be entitled to have recourse to the security only where it has entitlement under the Contract to payment by the Contractor which has been certified being due and payable by the Principal’s Representative.

m

have

The

I D

3 business

the

security, the notice have recourse to the security.

5.3

I

Principal must give the Contractor recourse to

days’ notice

must set out the

in

an as

writing that it intends to alleged entitlement to

basis for its

Change of security

At any time a party providing retention moneys or cash security may substitute another form of security. To the extent that another form of security is provided, the other party shall not deduct, and shall promptly release and return, retention moneys and cash security. 5.4

Reduction and release

Subject to the Principal having the issue of the

(a)

recourse

to the

security under clause 5.2, upon:

certificate of practical completion the Principal’s entitlement Item 14(e)) shall be reduced by the percentage or amount

security (other than in Item

14(f) and the reduction shall be released Contractor;

and returned within 14

days

to

in

to the

I

(b)

I

the Principal’s entitlement to security in Item 14(e) shall cease 14 days after incorporation into the Works of the plant and materials for which that security was provided; and

(c)

the

Principal’s entitlement otherwise

to

security shall

cease

14

days

after the issue of

the final certificate.

I

5.7, upon the Principal’s entitlement return

5.5

I I

forthwith the security

to

security ceasing, the Principal shall release and

Contractor.

Trusts and interest

Except where held by a government department or agency or a municipal, public statutory authority, any portion of security (and interest earned thereon) which is cash retention moneys, shall be held in trust for the party the Contractor is entitled to receive them. Interest earned

that security.

m I

to the

20498324.2

CAR CAR

on

security

not

required

providing them

to be held in trust shall

until the

belong

to the

or

or

Principal or

party holding

I 13

I 6 Not used

I

7 Service of notices

documents) shall be deemed to have been given and received if (and addressed or delivered by hand, mail or email to the relevant contact details in Annexure notice Part A or the contact details as last communicated in writing to the person giving the other

A notice

I

(or other document), and in the

(a)

case

of email, if the email is

in Annexure Part

successfully delivered

to the

in the

c) (

in the

case

case

address stated

A;

delivery, upon receipt by an officer employee, agent or representative of the receiving party; or

(b)

email

of hand

of mail, 3 Business Days after

or

other

duly authorised

I

dispatch.

I

8 Contract documents

8.1

Discrepancies

prevail over scaled dimensions in a discrepancy. Otherwise, If either party discovers any inconsistency, ambiguity or discrepancy in any document prepared for the the Principal’s Representative written purpose of carrying out WUC, that party shall give notice of it. The Principal’s Representative, thereupon, and upon otherwise becoming construction to be followed. aware, shall direct the Contractor as to the interpretation and

Figured

I

shall

I

I

The Contractor shall bear the cost of

compliance with a direction under this subclause to the extent that any inconsistency, ambiguity or discrepancy in the design documents or the Principal’s project requirements or between the design documents and the Principal’s

I

project requirements necessitates the direction.

I

If compliance with any other direction under this subclause causes the Contractor to incur more or less cost than otherwise would have been incurred had the direction not been given, the difference shall be assessed

by

the

Principal’s Representative

and added to

or

deducted

from the contract sum.

8.2 The

Principal-supplied

I

documents

Principal shall supply

I

to the Contractor the documents and number of

copies thereof,

both stated in Item 16.

I

They

shall:

(a)

remain the

Principal’s property and

be returned to the

Principal

on

written

demand;

I

and not be

(b) 8.3

used, copied

nor

Contractor-supplied

The Contractor shall

reproduced

for any purpose other than WUe.

I

documents

supply to the Principal’s Representative the documents and

copies at the times or stages stated

in Item 1 7.

Other documents and information

required by

Contract, shall be supplied documents

is

commenced

not less than

and

shall

be

number of

the Contract, unless elsewhere stated in the

14 in

days a

before the work described in the

form

satisfactory

to

the

Principal’s

Representative. If the Contractor submits the Contract otherwise

20498324.2

CAR CAR

a

document to the

provides:

I

Principal’s Representative, then except

I

where

I I

D 14

(a)

the

Principal’s Representative

to the work in the

m

(b)

D

(c)

may

inspect, review

and comment

document prior

on a

document commencing;

the Principal’s Representative shall not be

required to check that document for errors, omissions, inconsistencies, ambiguities, discrepancies or compliance with the Contract;

notwithstanding

subclause 2.1, any

Principal’s Representative’s direction, review,

comment, acknowledgment, rejection or expression of satisfaction or dissatisfaction or approval shall not lessen or otherwise affect the Contractor’s warranties and other obligations of the Contractor under the Contract; and

D

if the Contract

(d)

I

requires the Contractor to obtain the Principal’s Representative’s document, the Principal’s Representative shall give, within the in Item 18, the appropriate direction, including reasons if the document is

direction about that time stated not

I

suitable.

A direction

by

the

Principal’s Representative to vary anything in the design documents only to the extent that the design documents, before such variation, complied, or would have complied, with the Principal’s project requirements. shall be

~

Copies not

a

variation to WUC

of documents

be used

nor

supplied by the Contractor shall be the Principal’s property but shall copied otherwise than for the use, repair, maintenance or alteration of the

Works.

m

8.4

Availability

The Contractor shall

I

(a)

on

keep

available to the Principal’s Representative and the Principal:

site, one complete

set of documents

affecting

WUC and

supplied by

a

party

or

the

Principal’s Representative; and

I

(b)

at the

place

of manufacture

of the documents

I

8.5

or assembly affecting that part.

significant part

of WUC off site,

a

set

Confidential information

The

parties shall

ensure

that there

patterns and other information

I

of any

kept confidential such documents, samples, models, supplied and clearly identified as confidential.

are

as are

If required in

writing by a party, the other party shall enter into a separate agreement not to disclose to anyone else any confidential matter even after final certificate or earlier termination of the Contract. If so required by the Contractor, the Principal shall ensure that

I

the

*

8.6

agreement.

The Contractor shall not disclose any information concerning the project for distribution communications media without the written any Principal’s prior approval (which

through

unreasonably withheld). The Contractor shall refer enquiries from any media concerning the project.

I D *

I

an

Media

shall not be

m

also enters into such

This clause 8.5 shall survive termination of the Contract.

I ~

Principal’s Representative

See Preface

20498324.2

CAR CAR

to the

Principal

any

I 15

9

I

Assignment and subcontracting

I

9.1

Assignment

frhe

Contractor may, without the

assign the

Contract

or

any

Principal’s prior written approval (including terms), or any other right, benefit or interest thereunder.(LTL61 payment

Principal shall not, without the Contractor’s prior written approval (including terms), assign the Contract or any payment or anyothet right, benefit or interest thereunder.

The

I

Subcontracting generally

9.2

Principal’s Representative’s prior unreasonably withheld):

The Contractor shall not without the

(which shall not be (a)

subcontract

(b)

allow

a

benefit With

a

or

allow

a

written

approval

I

subcontractor to subcontract any work described in Item 19; or

subcontractor to

or

assign

a

subcontract

or

any

payment

or

any other

right,

interest thereunder.

particulars of the work to be subcontracted and the name and address of the proposed subcontractor. The Contractor shall give the Principal’s Representative other information which the Principal’s Representative reasonably requests, including the proposed subcontract documents without prices. Within 14

give

of the Contractor’s request for approval, the Principal’s the Contractor written notice of approval or of the reasons why

days

Approval

I I

Representative approval is not

I

gIven.

c) (

I

request for approval, the Contractor shall give the Principal’s Representative

written

shall

I

may be conditional upon the subcontract

including:

that the subcontractor shall not

provision

assign

nor

subcontract without the

Contractor’s written consent; which may be reasonably necessary to enable the Contractor to fulfil the Contractor’s obligations to the Principal;

(d)

provisions

(e)

provision sum

that if the Contract is terminated and upon the subcontractor being paid the by the Principal’s Representative as owing to the subcontractor, the

certified

Contractor and the subcontractor

shall, after the Principal has done

so,

promptly

I I I

execute a deed of novation in the form of Annexure Part C.

effecting such novation only, the Contractor hereby irrevocably Principal’s Representative to be the Contractor’s attorney with authority appoints documents as are necessary to give effect to the novation and to bind such to execute the Contractor accordingly; and For the purpose of

the

where the subcontractor is

(f)

and maintain

a

consultant, provision that the subcontractor shall effect

professional indemnity 24(d).

insurance

on

the

same

terms

as

are

I

Selected subcontract work

If the

Principal has included in Item 20 a list of one or more selected subcontractors for particular work, the Contractor shall subcontract that work to a selected subcontractor and thereupon give the Principal’s Representative written notice of that selected

subcontractor’s

If

I

required

under Items 24(c) and

9.3

I

no

I

name.

subcontractor

on

the

Principal’s

subcontract work, the Contractor shall

Principal’s Representative.

20498324.2

CAR CAR

I

list will subcontract to carry out the selected provide a list for the written approval of the

I I

I 16

D 9.4

~

Subcontractor, supplier and

The Contractor shall use its reasonable endeavours to procure the best available warranties from subcontractors engaged by the Contractor in relation to or in connection with the Contract and all suppliers of equipment or components incorporated into the Works, unless the notifies

the Contractor in

I

manufacturer warranties

or

writing

that it does not

require

such warranties from

a

Principal particular subcontractor

supplier.

9.5

/Novation[LTL7l

When directed

by the Contractor, the Principal, without being entitled to compensation, promptly execute a deed of novation in the form of Annexure Part D, such deed being between the Principal, the Contractor and a subcontractor, a consultant, or a consultant of shall

D m ~

the Contractor.

9.6

Contractor’s

Except where the Contract otherwise provides, the Contractor shall be liable to the Principal for the acts, defaults and omissions of subcontractors (including selected subcontractors) and employees and agents of subcontractors as if they were those of the Contractor.

Approval

I

responsibility

to

subcontract shall

10 Intellectual property

I I I

m

10.1

relieve the Contractor from any

liability

or

obligation

rights

Warranties and indemnities

The

Principal warrants that, unless otherwise provided in the Contract, the Principal’s project requirements, design, materials, documents and methods of working, each specified in the Contract or provided or directed by the Principal or the Principal’s Representative shall not infringe any intellectual property right. The Contractor warrants that any other design, materials, documents and methods of working, each provided by the Contractor, shall not infringe any intellectual property right. Each party shall

10.2

I

not

under the Contract.

indemnify the other against

Intellectual property

The Alternative in Item 21

rights granted

such respective

to

infringements.

Principal

applies.

Alternative 1

I

I

The Contractor grants to the Principal an irrevocable licence to use the design documents for WUC. Such licence shall also include any subsequent repairs to, maintenance or

servicing of (including the supply of replacement parts), or additions Works and the copying of the documents for such purposes.

or

alterations to, the

Alternative 2

I

Intellectual property rights and property in the design documents (and, as between the Principal and the Contractor, any part of the preliminary design produced under a prior contract between

I I

the

Principal and a Principal’s consultant novated under subclause 9.5) hereby Principal, and the Principal grants to the Contractor an irrevocable licence to use the design documents for WUC and the Works. Such vesting shall not extend to components of the design which have been developed by the Contractor for general use in the Contractor’s work and have not been specially developed for incorporation in the design documents. vest in the

The Contractor shall do

I

20498324.2

CAR CAR

everything necessary

to

perfect

such

vesting.

I 17

The Contractor shall

ensure

for the purpose of WUC

or

that the

design

documents

are

used, copied and supplied only

the Works.

I

Legislative requirements

11

11.1

I

Compliance

The Contractor shall

all

satisfy

legislative requirements except those in Item 22(a).

finding that a legislative requirement is at variance with the Contract the Principal’s project requirements, shall promptly give the Principal’s Representative

The Contractor, upon or

I

I

written notice thereof.

11.2

If a

I

Changes

legislative requirement:

(a)

necessitates

a

I

change:

(i)

to the

Principal’s project requirements;

(ii)

to the

Works;

I of services

the

by provision (iii) being authority in connection with WUC; or in

(iv) (b)

comes

been

(c)

a

fee

or

charge or payment of a new

municipal, public

fee

or

a

other statutory

I

charge;

into effect after execution of the Contract but could not

anticipated by

causes

a

or

reasonably

then have

I

competent contractor; and

the Contractor to incur

more

or

less cost than otherwise would have been

incurred, the difference shall be assessed

by

the

Principal’s Representative

and added to

or

deducted

I

from the contract sum.

11.3

Work Health and

I

Safety

The Contractor must:

(a)

comply with Work Health and Safety Legislation, including but not limited to preparing, providing and obtaining safe work method statements, ensuring the use of personal protective equipment, ensuring appropriate safety training for its staff, undertaking risk assessments and preparing and maintaining a site specific occupational health and safety management plan;

(b) perform its obligations under the Contract in a manner which Principal is not in breach of the Work Health and Safety Legislation; (c)

ensure

that all subcontractors

execution

and

performance

obligations under the (d) comply

(i)

with and

engaged by

of the

Work Health

ensure

ensures

that the

I I

I

the Contractor in connection with the

Contractor’s

obligations comply and Safety Legislation;

with

their

that its subcontractors comply with:

the

Principal’s policies, standards or guidelines in relation to occupational health safety specified in Annexure Part I or as otherwise notified by the Principal to the Contractor from time to time; and

I I

and

(ii)

any reasonable direction of the

Principal

in relation to health and

safety

at the

I

site;

(e) provide

the

Principal with access to such records as may be necessary to establish Contractor’s compliance with its obligations under this subclause 11.4; and

10498314.1

CAR CAR

the

I I

I 18

(f) immediately inform the Principal in writing of all incidents, injuries or risks to health and safety affecting or likely to affect any person ~mployed or engaged by the Contractor in the performance of the Contractor’s obligations under this Contract. To the extent not

loss, damage

or

connection with

m

11.4

Principal Contractor

The Contractor:

(a)

I

is, for the purposes of the Work Health and Safety Legislation:

(i)

engaged by the Principal (and the Contractor accepts the engagement) as the "principal contractor" (as that term is defined in the Work Health and Safety Legislation) for executing on the site the "construction work" (as that term is defined in the Work Health and Safety Legislation) forming WUC; and

(ii)

authorised

m

m I

by

the

Principal

to exercise such

necessary to enable the Contractor to

imposed on Legislation; (b)

I

I

a

prohibited by law, the Contractor indemnifies the Principal against any liability suffered or incurred by the Principal arising out of or in failure by the Contractor.to comply with this subclause 11.4.

a

principal

contractor

authority of the Principal as is discharge the responsibilities and duties under the Work Health and Safety

without

limiting the Contractor’s obligations under subclause 11.4 or otherwise, the Contractor agrees to and shall ensure compliance of all of its duties as the principal contractor under the Work Health and Safety Legislation. If the Contractor fails to comply with those duties, the Principal may have the Contractor’s duties carried out by the Principal or others and the cost incurred by the Principal in having those duties carried out will be a debt due from the Contractor to the Principal; and

(c)

agrees to and will

loss, liability a breach by the

indemnify the Principal from and against any damage, expense, by or against the Principal arising out of or in connection with Contractor of its obligations under this clause 11.5.

or

claim

m 12 Protection of people and property

I I

Insofar

as

compliance with

the Contract permits, the Contractor shall:

(a)

take

(b)

avoid unnecessary interference with the passage of people and vehicles; and

(c)

prevent nuisance and unreasonable noise and disturbance.

measures

necessary to protect

people

and property;

If the Contractor

I

pay any

damages property, the Contractor shall promptly rectify compensation which the law requires the Contractor to pay.

the

damage

and

If the Contractor fails to

comply with an obligation under this clause, the Principal, after Principal’s Representative has given reasonable written notice to the Contractor and in addition to the Principal’s other rights and remedies, may have the obligation performed by others. The cost thereby incurred shall be certified by the Principal’s Representative as moneys due froni the Contractor to the Principal. the

D

I 13

a

Urgent protection

If urgent action is necessary to protect WUC, other property or people and the Contractor fails to take the action, in addition to any other remedies of the Principal, the Principal’s

Representative

I I

may take the necessary action. If the action

was

action which the Contractor

should have taken at the Contractor’s cost, the Principal’s Representative shall cost incurred as moneys due from the Contractor to the Principal.

20498324.2

CAR CAR

certify

the

I 19

If time

permits, the Principal’s Representative shall give the

Contractor

prior

written notice

I

of the intention to take action pursuant to this clause.

I

14 Care of the work and reinstatement of damage

I

Care of WUC

14.1

Except as provided

in subclause

14.3, the Contractor shall be responsible for care of:

the whole of WUC and the Works from and

(a)

including

the date of commencement of

WUC to 4:00 pm on the date ofpractical completion, at which time responsibility for the care of the Works (except to the extent provided in paragraph (b))shall pass to the

Principal; and (b)

outstanding on

pm

by the Contractor after 4:00 of practfcal completion until completion of outstanding work or

work and items to be removed from the site

the date

compliance with

clauses 29, 30 and 35.

14.2

limiting the generality

of paragraph

damage, other than that caused by an excepted risk, occurs to WUC or the Works the during period of the Contractor’s care, the Contractor shall at its cost, rectify such loss or damage. or

In the event of loss

damage being caused by any of the excepted risks (whether or not in risks), the Contractor shall to the extent directed by the Principal’s Representative, rectify the loss or damage and such rectification shall be a deemed variation. If loss or damage is caused by a combination of excepted risks and other risks, the Principal’s Representative in pricing the variation shall assess the proportional responsibility of the parties.

The

Excepted risks

excepted risks causing loss or damage, for which

(a)

any

negligent

act or omission

of the

consultants, agents, employees

or

the

Principal’s Representative, the Principal or its (not being employed by the

other contractors

(b)

any risk

(c)

invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power, martial law

(d)

specifically excepted

elsewhere in the Contract;

war,

confiscation

ionising

by

order of any Government

radiations

or

contamination

or

public authority;

by radioactivity from

or

its subcontractors

or

either’s

I

I

I I

any nuclear fuel

any nuclear waste from the combustion of nuclear fuel not caused

I

I

Principal is liable, are:

Contractor);

or

I

or

combination with other

14.3

I I

Reinstatement

If loss

I

I

(a),the Contractor shall be responsible for the care of unfixed items accounted for in a progress certificate and the care and preservation of things entrusted to the Contractor by the Principal or brought onto the site by subcontractors for carrying out WUC.

Without

I

by

or

from

the Contractor

I

employees or agents; and

(e)

occupation of any part of WUC by the Principal or its consultants, agents other contractors (not being employed by the Contractor).; and

(f)

defects in such part of the design of WUC, including the preliminary by the Principal, as is not warranted under clause 2.

use or

or

design provided

I I

20498314.2

CAR CAR

I

20

I 15

~

Damage to persons

15.1

Indemnity by

and property other than WUC

Contractor

Insofar as this subclause

I m

The Contractor shall

m

loss of or

(b)

claims in respect of personal

damage to the Principal’s property; and

I

I

death

loss

or

of,

or

damage to,

any other

out of

consequence of the carrying out of WUC, but the indemnity shall be proportionally to the extent that the act or omission of the Principal’s Representative, the Principal or its consultants, agents or other contractors (not being employed by the Contractor) may have contributed to the claim, costs, expenses, injury, death, loss or damage. or as a

apply to:

the extent that the Contractor’s

(a)

liability

is limited

by

another

provision

of the

Contract; (b)

exclude any other

(c)

things for the care of which

(d)

claims in respect of the Principal’s right to have WUC carried out.

15.2

Indemnity by Principal

right of the Principal to be indemnified by

Principal shall indemnify

the Contractor is

the

Contractor;

responsible under subclause 14.1.; and

the Contractor in respect of claims referred to ih

paragraph

(d)of subclause 15.1. 16A

E

or

reduced

The

I

injury

property,

This subclause shall not

~

other than WUC.

indemnify the Principal against:

(a)

arising

I

applies to property, it applies to property

Insurance of the Works

The Alternative in Item

23(a) applies.

Alternative 1: Contractor to insure

m

Before

commencing WUC, the Contractor shall insure all the things referred to in subclause against loss or damage resulting from any cause until the Contractor ceases to be responsible for their care. 14.1

I

Without

limiting the generality of the obligation to insure, such insurance liability under subclause 14.2 and things in storage off site and

Contractor’s

I

shall

cover

the

in transit to the

site but may exclude:

(a)

the cost of

making good fair wear and tear or gradual deterioration, or damage resulting therefrom;

but shall not

exclude the loss

I

I

(b)

(c)

consequential loss of any kind, but

(d)

damages for delay

(e)

loss

or

in

and

materials, but shall

shall not exclude loss of or

completing or for the

damage resulting

not

from

failure to

ionising radiations

damage to

the

Works;

complete the Works;

or

contamination

by radioactivity

from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel resulting from any cause; and

(t)

loss

or

damage resulting

from the

excepted risks referred

to in

paragraphs (b)and (c)

of subclause 14.3. The insurance

I

making good faulty design, workmanship or damage resulting therefrom;

exclude the loss

E I

the cost of

20498314.2

CAR CAR

cover

shall be for an amount not less than the aggregate of the:

1 21

I (g)

contract sum;

(h)

provision

in Item

23(b) to provide

(i)

provision

in Item

23(c) for cons,ultants’ fees and Principal’s consultants’ fees;

(j)

value in Item purposes of

for costs of demolition and removal of debris;

materials

23(d) of any

or

things

supplied by

to be

the

I

Principal for the

1

WUC; and

additional amount or percentage in Item 23(e) of the total of the items referred to in sub-paragraphs (g)to (j)of this paragraph,

(k)

and must contain

a

clause

providing

that the Principal is the loss payee.

parties, consultants and subcontractors whenever engaged in WUC for their respective rights, interests and liabilities and, except where the Contract otherwise provides, shall be with an insurer and in terms both approved in writing by the Principal (which approvals shall not be unreasonably withheld). Insurance shall be in the joint

of the

names

parties, shall

cover

The insurance shall be maintained until the Contractor subclause 14.1 for the

the

ceases

to be

responsible

1 I

under

of anything.

care

I

.1

Alternative 2: Principal to insure

of acceptance of tender, the Principal shall insure WUC in the terms of the policy included in the tender documents and nominating or stating the insurer. The Principal shall maintain such insurance while ever the Contractor has an interest in WUe. Before the date

16B

Professional indemnity insurance

(a)

Before

commencing

1

WUC, the Contractor shall:

effect and maintain

(i)

professional indemnity 24(a); and

insurance with levels of

cover

not

less than stated in Item

(ii)

ensure

that all

premiums payable in relation to the insurance effected paid in full for the period in Item 24(b).

The insurance shall be maintained until the final

(b)

for the

period

as

stated in Item

The Contractor shall

(c)

24(c),

24(b).

that every consultant, if within a category stated in Item shall effect and maintain professional indemnity insurance with levels of cover

Each such consultant’s

final certificate

24(c) applicable to that category.

professional indemnity

is issued and thereafter for the

I

period

as

stated in Item

24(d).

I

25(a) applies.

I

Alternative 1: Contractor to insure Before

commencing WUC, the Contractor Contract, a public liability policy.

The

policy

shall effect and maintain for the duration of the

be in the joint

(b)

cover

the:

(i)

respective rights and interests; and

(ii)

liabilities to third

CAR CAR

I

shall:

(a)

20498324.2

I

insurance shall be maintained until the

17 Public liability insurance

The Alternative in Item

I

is issued and thereafter

ensure

not less than stated in Item

(d)

certificate

1

under

(i)of this clause, are

paragraph

1

names

of the parties;

parties,

I I I

D 22

D of the time to

I

I

parties, the Principal’s Representative, consultants and subcontractors from time, whenever engaged in WUC;

( c)

parties’ respective liability to each other for loss or damage to property (other than property required to be insured by clause 16A) and the death of or injury to any person (other than liability which the law requires to be covered under a workers compensation insurance policy);

(d)

be endorsed to

cover

the

comprehensive

(e)

provide insurance than the

m I

use

of any construction

plant

not

covered under

a

third party motor vehicle insurance policy; cover

in Item

sum

the

cover

or

for

an

amount in

respect of anyone

occurrence

of not less

25(b); and

be with an insurer and otherwise in terms both approved in writing by the Principal (which approvals shall not be unreasonably withheld).

(f)

Alternative 2: Principal to insure Before the date

of acceptance of tender, the Principal shall effect in relation to WUC, a public liability policy in the terms of the policy included in the tender documents and nominating or stating the insurer. The Principal shall maintain such insurance while ever the Contractor has

D I

interest in WUC.

an

18 Insurance of employees

Before commencing WUC, the Contractor shall insure against statutory and common law liability for death of or injury to persons employed by the Contractor. The insurance cover shall be maintained until completion of all WUC. Where

permitted by law, the insurance policy or policies shall be extended indemnity for the Principal’s statutory liability to the Contractor’s employees.

The Contractor shall

their

ensure

that all consultants and subcontractors have

provide

to

similarly

insured

employees.

~ 19

I

Inspection and provisions

19.1

I

Proof of insurance

Before the Contractor

party, a party liable

provide satisfactory

I

I I

commences

insure, or

Failure to

WUC and whenever

party liable to

a

or

ensure

that

a

in

writing by the other insure, shall

obligations under other provisions

of the C ntract.

produce proof of insurance

If after being so requested, a party liable to insure fails promptly to provide evidence of satisfactory compliance, then without prejudice to other rights or remedies, the other party may insure and the cost thereof shall be certified by the Principal’s Representative as moneys due and payable from the party in default to the other party. Where the defaulting party is the Contractor, the Principal may refuse payment until such evidence is produced by the Contractor

19.3

Notices from

The party

or

to insurer

insuring under clause 16A or 17 shall provisions acceptable to the other party which:

I

requested

third party is to evidence of such insurance effected and maintained.

to

Insurance shall not limit liabilities

19.2

I

of insurance policies

10498324.2

CAR CAR

ensure

that each insurance

policy

contains

I 23

requires

(a)

the insurer to inform both

consultant

or a

subcontractor

a

parties,

whenever the insurer

notice in connection with

gives the policy;

a

party

or a

provides that a notice of claim given to the insurer by either party, the Principal’s Representative, a consultant or a subcontractor shall be accepted by the insurer as a notice of claim given by both parties, the Principal’s Representative, the consultant

(b)

I

I

and the subcontractor; and

requires the insurer, whenever the party fails to maintain the policy, promptly to written notice thereof to both parties and prior to cancellation of the policy.

(c)

I

give

I

Notices of potential claims

19.4

shall, as soon as practicable, inform the Principal in writing of any occurrence that may give rise to a claim under an insurance policy required by cl~use 16A or 17 and shall keep the other party informed of subsequent developments concerning the claim. The Contractor shall ensure that consultants and subcontractors in respect of their operations similarly inform the parties.

The Contractor

19.5

Settlement of claims

Upon settlement of a claim

under the insurance

required by

I I

clause 16A:

subject of a payment or allowance by the Principal to the Contractor, if the Contractor has not completed such reinstatement, insurance moneys received shall, if requested by either party, be paid into an agreed bank account in the joint names of the parties. As the Contractor reinstates the loss or damage, the Principal’s Representative shall certify against the joint account for the to the extent that reinstatement has been the

(a)

I

I I

cost of reinstatement; and to the extent that reinstatement has not been the

(b)

subject of a payment

or

allowance

by

Contractor, the Contractor shall be entitled immediately to receive from insurance moneys received, the amount of such moneys so paid in relation to any loss suffered by the Contractor.

the

19.6

Principal

Cross

to the

I

liability

Any insurance required to be effected in joint names in accordance with the Contract shall include a cross liability clause in which the insurer agrees to waive all rights of subrogation or action against any of the persons constituting the insured and for the purpose of which the insurer accepts the term ’insured’ as applying to each of the persons constituting the insured as if a separate policy of insurance had been issued to each of them (subject always to the overall sum insured not being increased thereby). 20

I

I

I I

Principal’s Representative The

Principal shall ensure that at all times there is a Principal’s Representative, and Principal’s Representative fulfils all aspects of the role and functions reasonably and in good faith.

that the

Except

where the Contract otherwise

provides, the Principal’s Representative may give a as soon as practicable confirm it in writing. If the Contractor in orally writing requests the Principal’s Representative to confirm an oral direction, the Contractor shall not be bound to comply with the direction until the Principal’s Representative does

direction

but shall

I

I

so.

21

I

Delegate of the Principal’s Representative

The Principal’s Representative may from time to time appoint delegated Principal’s Representative’s functions, provided that: 20498324.2

CAR CAR

individuals to exercise

I I

D 24

D (a)

no

aspect of any function shall

than

I

one

at anyone time be the

(b)

delegation

(c)

the

shall not prevent the Principal’s Representative

Principal’s Representative forthwith gives respectively:

I

the

(i)

subject

of delegation to

more

delegate ofthe Principal’s Representative; exercising

any

function;

the Contractor written notice of

appointment, including the delegate of the Principal’s Representative’s and delegated functions; and

name

(ii)

if the Contractor makes

(d)

D D

the termination of each

reasonable

Principal’s Representative, appointment. 22 Contractor’s

the

objection to the appointment ofa delegate ofthe Principal’s Representative shall terminate the

representative

The Contractor shall Matters within

I

a

appointment; and

superintend WUC personally

or

by a competent representative. (including directions received)

Contractor’s representative’s knowledge shall be deemed to be within the Contractor’s knowledge. a

The Contractor shall forthwith

representative’s

name

and any

give the Principal’s Representative subsequent changes.

written notice of the

If the

I

Principal’s Representative makes a reasonable objection to the appointment of a representative, the Contractor shall terminate the appointment and appoint another representative. 23

I I I

Contractor’s

The

Principal’s Representative may direct the Contractor to have removed, within a stated time, from the site or from any activity of WUC, any person employed on WUC who, in the Principal’s Representative’s opinion, is incompetent, negligent or guilty of misconduct. 24

Site

24.1

IAccess![LTL8]

Before the access

I

employees and subcontractors

expiry

to the site

Contractor’s

of the time stated in Item

26(a), the Principal shall give the Contractor

sufficient to enable the Contractor to

commence

and carry out the

design obligations.

Provided the Contractor has

I

I

complied with subclause 19.1, the Principal shall before the expiry 26(a), give the Contractor sufficient access to the site for commencement of WUC on site. If the Principal has not given the Contractor access to the whole site, the Principal shall give the Contractor access to such further portions of the site as may, from time to time, be necessary for carrying out WUC. Subject to subclause 39.7, the in delay by Principal giving possession shall not be a breach of the Contract. of the time in Item

Access to the site shall confer

I

on

the Contractor

a

right

to

only

such

use

and control

as

is

necessary to enable the Contractor to carry out WUC and shall exclude purposes and any purpose not connected with

camping, residential WUC, unless approved by the Principal’s

Representative.

I

The Contractor is not entitled to exclusive

24.2

m m

access

to, or

possession

of the site.

Access for Principal and others

The

Principal and the Principal’s employees, consultants, agents and all other persons engaged by the Principal may at any time after reasonable written notice to the Contractor, 20498324.2

CAR CAR

I 25

part of the site for any purpose. The Contractor shall permit persons the Principal to carry out work on the site other than WUC and shall cooperate engaged by

have

access

with them. The

Principal shall give to the

Contractor the

names

and roles of the persons

so

engaged. The Contractor shall at all reasonable times

give

the

Principal’s Representative

access

I

Principal shall ensure that none

of the persons referred to in this subclause

impedes the

Contractor.

I

Minerals, fossils and lreIiCS[LTL9]

24.3

minerals, fossils, articles or objects of antiquity or of anthropological or archaeological interest, treasure trove, coins and articles of value found on the site shall as between the parties be and remain the property of the Principal. Immediately upon the discovery of these things the Contractor shall:

Valuable

take precautions to prevent their loss, removal

(b)

give the Principal’s Representative written notice of the discovery.

All costs

so

incurred

by

or

I

I

damage; and

(a)

as a

I

to

WUC. The

I

to any

the Contractor shall be assessed

by the Principal’s Representative

I

deemed variation and added to the contract sum.

I 25 Latent

~onditionslLTLlOl

I 25.1

Scope

are physical conditions on the site and its near surrounds, including things but excluding weather conditions, which differ materially from the physical conditions which should reasonably have been anticipated by a competent contractor at the time of the Contractor’s tender if the Contractor had inspected:

Latent conditions

artificial

(a)

all written information made available

by the Principal

to the Contractor for the

I I

purpose of tendering;

(b)

all

information

reasonably

influencing

obtainable

(c)

the site and its

25.2

Notification

near

by

the

the risk

making

allocation

of reasonable

in the

Contractor’s tender and

I

enquiries; and

surrounds.

I

The Contractor, upon

becoming aware of a latent condition while carrying out WUC, shall promptly, and where possible before the latent condition is disturbed, give the Principal’s Representative written notice of the general nature thereof.

I

If

I

required by the Principal’s Representative promptly after receiving that notice, the Contractor shall, as soon as practicable, give the Principal’s Representative a written

statement of:

(a) (b)

the latent condition encountered and the respects in which it differs the additional

work,

other details

I

resources, time and cost which the Contractor estimates to be

necessary to deal with the latent

(c)

materially;

condition; and

I

reasonably required by the Principal’s Representative.

I 20498324.2

CAR CAR

I

o 26

D 25.3

D

The effect of the latent condition shall be

a deemed variation, priced having no regard to days before the date on which the Contractor gave the notice required by the first paragraph of subclause 25.2 but so as to include the Contractor’s other costs for each compliance with subclause 25.2.

additional cost incurred

26

I

Deemed variation

more

than 28

Setting ont the Works Setting puf,{LTL11]

26.1 The

I

Principal shall ensure that the Principal’s Representative gives the Contractor the data, survey marks and like information necessary for the Contractor to set out the Works, together with those survey marks specified in the Contract. Thereupon the Contractor shall set out the Works in

I

26.2

Errors in

accordance with the Contract.

setting

out

The Contractor shall

rectify every error in the position, level, dimensions or alignment of promptly notifying the Principal’s Representative and unless the Principal’s Representative within 3 days directs otherwise. any WUC after

I

26.3

Care of survey marks

The Contractor shall

I

keep in their Principal’s lRepresentative’(LTL12].

true

positions

all survey marks

supplied by the

The Contractor shall reinstate any survey mark disturbed, after promptly notifying the and unless the Principal’s Representative within 3 days directs otherwise.

Principal’s Representative

I

27

I

Cleaning

The Contractor shall and

I

keep

the site and WUC clean and

tidy

and

regularly

remove

rubbish

surplus material.

Within

I

up

14

days

after the date

of practical completion,

the Contractor shall

remove

temporary works and construction plant. The Principal’s Representative may extend the time to enable the Contractor to If the Contractor fails to

Principal’s Representative

perform remaining obligations.

comply

with the

preceding obligations in this clause, rectify the non-compliance and

may direct the Contractor to

the the

time for rectification.

I I

If:

(a)

the Contractor fails to

(b)

that failure has not been made

I ~

I

with such

a

direction; and

good within 5 days after the Contractor receives Principal’s Representative that the Principal intends to have carried out by others,

written notice from the the

I

comply

subject work

the

Principal may have that work so carried out and the Principal’s Representative shall certify the cost incurred as moneys due from the Contractor to the Principal. The rights given by this paragraph are additional to any other rights and remedies.

28

Materials, labour and construction plant

Except where the Contract otherwise provides, the Contractor shall supply everything necessary for the proper performance of the Contractor’s obligations and discharge of the Contractor’s liabilities.

20498324.2

CAR CAR

I 27

materials, machinery or equipment to be supplied by the Contractor in connection with the Contract, the Principal’s Representative may direct the Contractor to:

In respect of any

I

supply, the

I

inspection at such place or sources by the Principal’s Principal and persons authorised by the Principal.

I

Principal’s Representative may give the Contractor a written direction not to remove or construction plant from the site. Thereafter the Contractor shall not remove them without the Principal’s Representative’s prior written approval (which shall not be unreasonably withheld).

I

(a)

supply particulars of the mode and place of manufacture, the performance capacities and other related information; and

(b)

arrange

source

of

reasonable

Representative, the The

materials

29

I

Quality

29.1

of material

Quality

and work

I

provided, the Contractor and tradesmanlike workmanship.

Unless otherwise proper

*

shall

suitable

use

new

materials and

I 29.2

Quality

assurance

If the Contract elsewhere

(a)

plan, establish

(b)

ensure

requires further quality

and maintain

that the

a

assurance, the Contractor shall:

I

conforming quality system; and has

Principal’s Representative

Contractor, consultants and subcontractors

access

so as

quality system of the monitoring and quality

to the

to enable

I

auditing. quality system shall be used only as an aid to achieving compliance with the Contract compliance. Such system, and anything done or omitted to be done by or on behalf of the Principal or the Principal’s Representative in relation to or in connection with the quality system shall not discharge the Contractor’s other obligations

The

and to document such

I

under the Contract.

I

29.3

Defective work

If the

Principal’s Representative becomes aware of work done (including material provided) by the Contractor which does not comply with the Contract, the Principal’s Representative shall within 2 Business Days give the Contractor written details thereof. If the subject work has not been rectified, the Principal’s Representative may (acting reasonably) direct the Contractor to do anyone or more of the following (including times for commencement and completion): the material from the site;

(a)

remove

(b)

demolish the work;

(c)

redesign, reconstruct, replace

(d)

not deliver it to the site.

or

correct the

I I

I

work; and

I

If the

I

Contractor fails to

comply with such a direction by Principal’s Representative in the direction

the time

specified by

the

I I

*

See Preface

20498324.2

CAR CAR

I

m 28

(b)

that failure has not been made

good within 8 days after the Contractor receives Principal’s Representative that the Principal intends to have the subject work rectified by others, written notice from the

I the

Principal may have that certify the cost incurred by

work the

so

rectified and the

Principal

as

Principal’s Representative

shall

moneys due from the Contractor to the

iPrincipa~[LTLl31.

m

29.4

Acceptance

Instead of a direction pursuant to subclause 29.3, the Principal’s Representative may direct the Contractor that the Principal elects to accept the subject work, whereupon there shall be a deemed variation.

29.5

I D

The

Timing Principal’s Representative may give a direction pursuant expiry of the last defects liability period.

30 Examination and

this clause at any time

At

testing

Tests time before

any

the

expiry of

the last

defects liability period,

the

Principal’s

direct that any WUC be tested. The Contractor shall give such assistance and samples and make accessible such parts of WUC as may be directed by the

Representative

I

to

before the

30.1

m

of defective work

may

Principal’s Representative. 30.2

I

The

D

30.3

Covering

up

Principal’s Representative may direct that any part of WUC shall not be covered up made inaccessible without the Principal’s Representative’s prior written direction.

or

Who conducts

Tests shall be conducted

I I I

as provided elsewhere in the Contract or by the Principal’s Representative or a person (which may include the Contractor) nominated by the Principal’s Representative.

30.4

Notice

The

Principal’s Representative

give

reasonable written notice to the other of the

does not attend, the test may

30.5

I

Delay

Without

delays

I

prejudice to any other right, if the Contractor or the Principal’s Representative conducting a test, the other, after giving reasonable written notice of intention to

in

do so, may conduct the test.

30.6

I

On

Completion

completion

and results

of the tests, the Contractor shall make

I

good

WUC

so

that it

fully complies

with the Contract. Results of tests shall be

~

the Contractor

(whichever is to conduct the test) shall date, time and place of the test. If the other nevertheless proceed. or

promptly Principal’s Representative.

20498324.2

CAR CAR

made available

by

each party to the other and to the

I 29

30.7

I

Costs

testing pursuant to this clause shall be borne by the Principal where the otherwise provides or the test is consequent upon, or reveals a Contract except Costs in connection with

failure of the Contractor to

31

Working

comply

with the Contract

(including this

lauselLTLl4]).

I

hours

working days on the site are not stated elsewhere in the Contract, they by the Contractor to the Principal’s Representative before of work shall not be varied without the Principal’s commencement on site. They Representative’s prior written approval, except when, in the interests of safety of persons or property, the Contractor finds it necessary to carry out WUC otherwise, whereupon the Contractor shall give the Principal’s Representative written notice of those circumstances as early as possible. If the

working

shall be

32

hours and as

notified

I I

I

Programming

32.1

I

Program

The

Principal’s Representative shall give to the Contractor the information, materials, documents and instructions by the times or within the periods both stated in Item 27.

The Contractor shall

give the Principal’s Representative reasonable advance notice of information, materials, documents or instructions from the the or Principal’s Representative Principal. when the Contractor needs other

I

I

The

I

time of execution of the Contract.

I

Principal and the Principal’s Representative shall not be obliged to give any information, materials, documents or instructions earlier than the Principal or the Principal’s Representative, as the case may be, should reasonably have anticipated at the The or

Principal’s Representative may direct in what order and at what time the various stages portions of WUC shall be carried out. If the Contractor can reasonably comply with the

direction, the Contractor shall do so. If the Contractor cannot reasonably comply, the Contractor shall give the Principal’s Representative written notice of the reasons. A program is a written statement showing the dates by which, or the times within which, the various stages or portions of WUC are to be carried out or completed. It shall be deemed a

Contract document. The

Contractor to

give the

a

Principal’s Representative (acting reasonably) may direct

The Contractor shall

I

the

program within the time and in the form directed.

The Contractor shall not, without reasonable cause, depart from

I

I

a program.

its best endeavours to maintain the program up to date during the The revised or updated program may be provided to the Principal’s Representative for use

duration of the Contract.

I

reviewirLTLl5].

I 32.2

Site

meetings

Site

meetings shall be held at the intervals Principal’s Representative. The site meetings (a)

the Principal’s Representative;

(b)

the Contractor’s representative; and

(c)

any other person

Representative.

20498324.2

CAR CAR

or

at the times

shall be attended

reasonably directed by by:

reasonably required by the Principal or directed by the Principal’s

the

I

I I I

I 30

The Contractor shall ensure that all site

~

meetings are attended by its representatives who have the knowledge and authority to respond to queries raised by the Principal’s Representative and the Principal and to propose solutions to those queries. The

I

Principal’s Representative

shall prepare minutes of all site meetings and distribute meeting within 5 Business Days after the date of the

those minutes to the attendees of the

meeting. The Contractor shall promptly action all items and issues arising out of each site relate to any of the Contractor’s obligations under the Contract. 32.3

E

I

~ I I

Reporting

The Contractor shall prepare and

provide to the Principal’s Representative, at least 5 Days prior to a site meeting and at times directed by the Principal’s Representative, a report relating to WUC including: Business

(a)

the progress of the construction of the Works;

(b)

the performance of WUC

(c)

details of any variations directed

(d)

details of any EOT granted in accordance with the Contract;

e) (

an

(f)

occupational, health or incidents; and

(g)

such

I

33

other

information

or

Contract;

as

be

may

details about any hazards, risks

reasonably required

by

the

Principal’s

the Principal.

Principal’s Representative

may direct the Contractor to

is of the

because of an act, default

(i)

the

(ii)

the

or

as

the

suspend the carrying out of the Principal’s Representative thinks fit, if the

opinion that it is necessary:

omission of:

Principal’s Representative, the Principal or its employees, consultants, agents or other contractors (not being employed by the Contractor); or Contractor, a consultant, a subcontractor

or

the

employees or agents

of any

of them;

(b)

for the

(c)

to

33.2

Contractor’s

protection

comply

with

a

or

safety

of any person

or

property;

or

court order.

suspension

If the Contractor wishes to

suspend

the

carrying

out

of the whole

or

part of WUC,

otherwise than pursuant to subclause 39.9, the Contractor shall obtain the Principal’s Representative’s prior written approval. The Principal’s Representative may approve the

suspension

I I

in accordance with the

safety issues, including

part of WUC for such time

I

I

or

Principal’s Representative

I

I

agreed

Principal’s Representative’s suspension

(a)

I

or

and EOT claims;

Suspension

whole

I

and

any

33.1 The

including variations

updated program;

Representative

I

meeting which

20498324.2

CAR {’AR

and may

impose conditions of approval.

I 31

33.3

As

I

Recommencement

the Principal’s Representative becomes

soon as

longer suspended

no

exists, the WUC

aware

that the reason for any

shall direct the Contractor to

Principal’s Representative reasonably practicable.

I

as soon as

The Contractor may recommence WUC suspended pursuant to subclause 33.2 time after reasonable notice to the Principal’s Representative.

33.4

suspension

recommence

or

39.9 at any

Cost

suspension pursuant to paragraph (a)(ii) of subclause subciause 33.2. If the Contractor made the protection, safety, court order or 33.1 and suspension of work necessary, the Contractor shall bear the cost of suspension pursuant to paragraph (b)or (c)of subclause 33.1. If the Contractor otherwise incurs more or less cost than otherwise would have been incurred, the difference shall be assessed by the Principal’s Representative and added to or deducted from the contract sum.

The Contractor shall bear the cost of

I I I

I

34 Time and progress

34.1

I

Progress

The Contractor shall

ensure

that WUC reaches

practical completion by

the date

for

I

practical completion. 34.2

Notice of delay

A party becoming aware of anything which will cause delay to reasonably practicable, give the Principal’s Representative and notice of that cause and the estimated delay.

WUC

shall,

as

soon as

I

the other party written

I 34.3

Claim

The Contractor shall be entitled to such extension of time for

reaching practical completion) (a)

the Contractor is

will be

manner

carrying

the Principal’s Representative

out WUC

assesses

(including (’EDT’), if:

I

delayed:

to the date for practical

prior

(i)

or

as

completion, by a qualifying cause of delay in a achieving practical completion by the date for

I

that will prevent it from

practical completion; or (ii)

on or

after the date for practical

of the definition of

qualifying achieving practical completion; (b)

the Contractor

gives

completion, by an event referred to in paragraph (a) of delay in a manner that will delay it in

the

Principal’s Representative, within 28 days of when the Contractor became aware of that causation occurring, a written claim for an EDT evidencing the facts of causation and of the delay to WUC (including extent);

If further

delay results from a qualifying cause of delay evidenced in a claim under paragraph (b)of this subclause, the Contractor shall claim an EOT for such delay by giving the Principal’s Representative a written claim evidencing the facts of that delay. 34.4

When

I

cause

I

I I

Assessment both

non-qualifying and qualifying causes of delay overlap, the Principal’s Representative shall apportion the resulting delay to WUC according to the respective

I

causes’ contribution. In

assessing

20498324.2

CAR CAR

each EDT the Principal’s Representative shall

I I

32

have regard to what prevention and Contractor.

mitigation

of the

delay

has not been effected

by

the

I 34.5

Extension of time

m

(a)

Within 14

days after receiving the Contractor’s claim for an EDT, the Principal’s Representative shall give to the Contractor and the Principal a written direction evidencing the EDT so assessed.

D

(b)

Principal’s Representative does not give a written direction within the period 34.5(a), the Contractor must within 7 days, give written notice to the Principal and the Principal’s Representative requesting the Principal’s Representative to give its determination of the Contractor’s claim for an EDT.

If the

referred to in subclause

I

If the

(c)

Principal’s Representative does not give its determination within 7 days of receipt of a notice under subclause 34.5(b), there shall be a deemed assessment and

D

I

direction for

an

(d)

Notwithstanding that the Contractor is not entitled to or has not claimed an EDT, the Principal’s Representative may in its sole discretion at any time and from time to time before issuing the final certificate direct an EDT.

34.6

Practical

completion

The Contractor shall

which the Contractor

I I

EDT as claimed.

give the Principal’s Representative written notice of the date anticipates that practical completion will be reached.

When the Contractor is of the

opinion that practical completion has been reached, the writing request the Principal’s Representative to issue a certificate of practical completion. Within 14 days after receiving the request, the Principal’s Representative shall give the Contractor and the Principal either a certificate ofpractical completion evidencing the date ofpractical completion or written reasons for not doing so. Contractor shall in

If the

I

Principal’s Representative is of the opinion that practical completion has reached, the Principal’s Representative may issue a certificate ofpractical completion though no request has been made.

I

34.7

Liquidated ~amages![LTLI6]

(a)

If WUC does not reach practical

I

including

Contract

I

been even

completion by the date for practical completion, the Principal’s Representative shall certify, as due and payable to the Principal, liquidated damages in Item 29 for every day after the date for practical completion to and

I

upon

or

the earliest of the date

the

Principal taking

ofpractical completion

or

termination of the

WUC out of the hands of the Contractor.

(b)

If an EDT is directed after the Contractor has paid or the Principal has set off liquidated damages, the Principal shall forthwith repay to the Contractor such of those liquidated damages as represent the days the subject of the EDT.

(c)

The

parties acknowledge and agree that liquidated damages are an exhaustive remedy Principal in circumstances where the Contractor is delayed in achieving practical completion by the date for practical completion. available to the

I 34.8

I D

Bonus for

practicallcompletion![LTLI7]

If the date

of practical completion is earlier than the date for practical completion the Principal’s Representative shall certify as due and.payable to the Contractor the bonus in Item 30(a) for every day after the date ofpractical completion to and including the date for practical completion. The Contractor

I

early

20498324.2

CAR CAR

hereby

waives that part of a bonus

exceeding the Item 30(b) amount.

I 33

I

Delay ~amages[LTLl81

34.9

day the subject of an EOT for a compensable cause and for which the Contractor gives the Principal’s Representative a claim for delay damages pursuant to subclause 41.1, and payable by costs incurred by the Contractor as a result of the delay shall be a debt due maximum the exceed not costs such that daily the to the Principal Contractor, provided

For every

amount set out in Item 31.

I I

35 Defects liability

defects liability period completion at 4:00 pm.

The

stated in Item 32 shall

commence on

the date

of practical

The Contractor shall carry out rectification at times and in a manner causing inconvenience to the occupants or users of the Works as is reasonably possible.

possible after the date ofpractical completion, the defects existing at the date ofpractical completion.

As

soon as

Contractor shall

shall identify the

(b)

may state

36

a

little

all

rectify

may

give

the Contractor

I

defect and the date for completion of its rectification; and

date for commencement of the rectification.

I

IvariationslLTL191

36.1

I I

During the defects liability period, the Principal’s Representative a direction to rectify a defect which:

(a)

as

I

Directing

I

variations

The Contractor shall not vary WUC except

as

directed in

I

writing.

Principal’s Representative, before the date of practical completion, may direct the Contractor to vary WUC by anyone or more of the following which is nevertheless of a character and extent contemplated by, and capable of being carried out under, the provisions of the Contract (including being within the warranties in subclause 2.2):

The

(a)

increase, decrease

(b)

change the character or quality of any material or work;

(c)

change the levels, lines, positions

(d)

carry out additional

work; and

(e)

demolish

material

36.2

Proposed variations

or

or remove

omit any part;

or

or

I

dimensions of any part of WUC;

work

no

I

longer required by

I

the Principal.

I The Principal’s Representative may direct the Contractor Principal’s Representative a price for a proposed variation.

The Contractor shall as soon as practicable Principal’s Representative in writing whether shall include the following information:

(a)

the scope of the work involved in the

(b)

the effect which the Contractor the program

(c)

a

detailed breakdown of the cost

CAR CAR

variation.

m

writing

to the

receiving such direction, notify proposed variation can be effected

I

the

after the

and

I

proposed variation;

anticipates that the proposed (including the date for practical completion); and

any) of the proposed

20498324.2

to submit

(including all

variation will have

on

warranties and time-related costs, if

I I

I

34

Upon receipt

of the information from the Contractor the

Principal’s Representative

may at

its sole discretion:

D

(d)

direct the Contractor to

(e)

direct the Contractor to carry out the variation on the condition that the cost of the variation will be the cost set out in the Contractor’s notification; direct the Contractor to carry out the variation

(f)

valued under clause

I

on

the condition that the variation will be

36.4;

(g)

negotiate with the Contractor in relation to the scope and cost of the proposed variation; or

(h)

reject the terms of the Contractor’s notification obligation in respect ofthe proposed variation.

36.3

Variations for convenience of Contractor

1

1

provide further information;

in which

case

the Contractor shall have

no

If the Contractor requests the

Principal’s Representative to direct a variation for the Contractor, the Principal’s Representative may do so. The direction and may be conditional. Unless the direction provides otherwise, the

convenience of the shall be written

Contractor shall be entitled to neither

1

36.4

time

nor

extra money.

Pricing

The

1

extra

Principal’s Representative shall, following order of precedence:

(a)

prior agreement;

1

(b)

applicable rates

(c)

rates

1

(d)

reasonable rates

or

prices

in the

a:s soon as

possible, price each

variation

prices,

the

Contract;

or prices in a schedule of rates or schedule of prices, even though documents, to the extent that it is reasonable to use them; and

or

using

which shall include

an

amount

calculated

not

Contract

by applying the

percentage stated at Item 13C,

’I

and any deductions shall include Item 13D.

an

amount calculated

Subject to clause 36.3, that price shall be added

1 1

37

37.1

deducted from the

contract sum.

Progress

claims

progressively in accordance with Item

Progress claims are to be assessed against an agreed trade breakup of the adjusted from time to time in accordance with the terms of the Contract. An

1

or

the percentage stated at

Payment

The Contractor shall claim payment

I

to

by applying

early

progress claim shall be deemed to have been made

on

33. contract sum as

the date for

making

that

claim. Each progress claim shall be given in writing to the Principal’s Representative, in a form approved by the Principal’s Representative, and shall include details of the value of WUC

I

done and may include details of other moneys then due to the Contractor pursuant to provisions of the Contract and shall include a statutory declaration as required by subclause 38.1.

I ~

20498324.2

CAR CAR

I 3S

I

!certificates![LTL201

37.2

Principal’s Representative shall, within 10 Business Days after receiving progress claim, issue to the Principal and the Contractor a progress certificate:

The

such

a

1

evidencing the Principal’s Representative’s opinion of the moneys due from the Principal to the Contractor pursuant to the progress claim and reasons for any

(a)

difference; and

evidencing

(b)

the

Principal’s Representative’s

assessment of retention moneys

and

1

moneys due from the Contractor to the Principal pursuant to the Contract.

progress claim in accordance with Item issue the progress certificate with details

If the Contractor does not make

Principal’s Representative

may

a

1

33, the of the

1

calculations.

Principal’s Representative does not issue the progress certificate within 14 days of receiving a progress claim in accordance with subclause 37.1, that progress claim shall be deemed to be the relevant progress certificate.

If the

The

Principal shall within

Contractor the amount

15 Business

certified

Principal in a progress certificate Where

an

amount is certified

as

as

Days after receiving the progress claim, pay to the being due for payment to the Contractor by the

being

due for payment to the Principal by the Contractor in

progress certificate the Contractor shall pay the Principal the amount certified within 20 business days after receipt of that progress certificate. a progress certificate nor a payment of moneys shall be evidence that the subject WUC has been carried out satisfactorily. Payment other than final payment shall be payment

Neither

account

37.3 The

1

1

only.

Unfixed

plant

1

and materials

Principal shall not be

liable to pay for unfixed

plant

and materials unless

they

are

listed

in Item 34 and the Contractor:

(a)

provides the additional security

(b)

satisfies the

in Item

14(e); and

Principal’s Representative that the subject plant and materials have been for, paid properly stored and protected, and labelled the property of the Principal.

Upon payment to the Contractor and the release of any additional security in paragraph (a), subject plant and materials shall be the unencumbered property of the Principal.

the

37.4

I

.

a

on

.1

Final

1

1 1

payment claim and certificate

Within 28

days after the expiry of the last defects liability period, the Contractor shall give Principal’s Representative a written final payment claim endorsed ’Final Payment Claim’ being a progress claim together with all other claims whatsoever in connection with the subject matter of the Contract. the

I

1

Within 10 Business

Days after receipt of the final payment claim, the Principal’s Representative shall issue to both the Contractor and the Principal a final certificate evidencing the moneys finally due and payable between the Contractor and the Principal on any account whatsoever in connection with the subject matter of the Contract. If the Contractor fails to issue the final payment claim, the Principal’s Representative may issue afinal certificate in accordance with this

1

subclause 37.4.

I

Subject to subclause 37.7, those moneys certified as due and payable shall be paid by the Principal or the Contractor, as the case may be, within 15 Business Days after the debtor receives the finalpayment claim.

10498324.2

CAR CAR

I I

D 36

Within 10 Business Days after the

D

(a)

if the final certificate certifies

Principal shall pay (b)

D

receipt of the final payment claim: a

balance

that amount to the

owing by the Principal to the Contractor; or

Contractor the

if the final certificate certifies

a balance owing by the Contractor to the Principal, the Contractor shall pay that amount to the Principal.

Money certified

due and payable by the Contractor shall be paid by days of the Contractor receiving thefinal certificate.

as

within 20 business

I

the Contractor

The

I

final certificate shall be conclusive evidence of accord and satisfaction, and in discharge of each party’s obligations in connection with the subject matter of the Contract except for:

(a)

I

fraud

or

dishonesty relating

dealt with in

(c)

any accidental

computation (d)

I 37.5

arithmetical

unresolved issues the

day

subject

error

or

in any

exclusion of any work computation; and

of any notice of

dispute pursuant

or

figures

to clause

in any

42, served

after the issue of the final certificate.

IInterest(LTL2I)

Interest in Item 35 shall be due and

37.6

Not used

37A

Security of Payment Act

37A.I

inclusion

or erroneous

or an

before the 7th

I

to any matter

any defect or omission in the Works or any part thereof which was not apparent at the end of the last defects liability period, or which would not have been disclosed upon reasonable inspection at the time of the issue of the final certificate;

I

I

part thereof or

(b)

D

I

to WUC or any

the final certificate;

payable after the date

of default in payment.

Service of notices

The Contractor shall:

(a)

ensure

that

a

copy of any written communication it delivers

or

arranges to deliver to

the

Principal of whatever nature in relation to the Security of Payment Act, provided to the Principal’s Representative at the same time;

I (b)

ensure

that

a

copy of any written communication it delivers

subcontractor

regarding is Act, Payment provided

I (c)

promptly

a

payment dispute

to the

or

arranges to deliver to

under the

adjudication Principal’s Representative at the or

same

is

a

Security of

time;

and without

delay give the Principal’s Representative a copy of any written regarding a payment dispute or adjudication under the Security of which the Contractor receives from a subcontractor; and Payment Act, communication

I (d)

I

ensure

that each subcontractor

promptly

and without

delay, gives

the

Principal’s

Representative copy of any written communication regarding a payment dispute or adjudication under the Security of Payment Act, which the subcontractor receives a

from another party.

m

37A.2

Principal’s agent

In responding to the Contractor under the Security

m

also acts

37A.3

I

20498324.2

as

ofPayment Act, the Principal’s Representative

the agent of the Principal.

Payment of subcontractors and consultants by Principal (’AR rAR

I 37

provision of the Contract, the Principal may in its absolute discretion and without limitation of its rights under subclause 38.3 (including but not limited to where the Principal becomes aware that a subcontractor is entitled to suspend works which forms part of the Contract pursuant to the Security ofPayment Act) payout of any moneys due or to become due to the Contractor any moneys owing by the Contractor to a subcontractor or workers in Despite

any other

relation to the execution of work under the Contract and any payment under this clause 37A.3 shall be deemed to have been paid to the Contractor under the Contract. If an amount equal to or

greater than the amount paid by the Principal on the Contractor’s behalf is not or never becomes due by the Principal to the Contractor, the amount paid by the Principal shall be a debt due from the Contractor to the Principal. The Principal shall not pay under this clause 37A.3 any amount

specified as payable in the declarations or documents provided to Principal’s Representative under subclause 38.1, an adjudicated amount (as defined in Security ofPayment Act) or any judgment in favour of a subcontractor. greater than the

37A.4

amount

I

I I

I

the the

I

Adjudication

parties acknowledge and agree that the Institute of Arbitrators and Mediators Australia (IAMA)is the nominated authority in respect of any payment dispute or adjudication between the parties under the Security ofPayment Act.

The

I

I

Payment of workers, consultants and subcontractors

38

Workers, consultants and subcontractors give to the Principal’s Representative and the Principal with each progress claim under clause 37 a statutory declaration, in the prescribed form contained in Annexure Part N, and a subcontractor’s supporting statement, in the prescribed form contained in Annexure Part M by a representative of the Contractor who is in a position to know the facts declared, that: 38.1

I

The Contractor shall

(a)

all workers who have at any time been employed by the Contractor on WUC have, as at the date of the progress claim to which the statutory declaration relates, been

paid

all moneys due and

payable

to them in

respect of their employment

on

I

subcontractors, suppliers and manufacturers engaged by or on behalf of the Contractor on WUC have, as at the date of the progress claim to which the statutory deClaration relates, been paid all moneys due and payable to them in respect of their employment on WUC.

all

I

Direct payment

In addition to the

Principal’s

entitlements under clause 37A.3, before

Principal, if not aware of a relevant relation-back day (as defined in 2001 (Cwlth))may pay unpaid moneys the subject of subclause 38.1 consultant

or

final payment, the the Corporations Act directly to a worker,

permitted by law;

(b)

given

(c)

requested

court order in

in

I favour of the

worker, consultant or subcontractor; or

writing by the Contractor.

Such payment and a payment made to a worker, consultant or subcontractor in with a legislative requirement shall be deemed to be part-satisfaction of the

obligation to pay pursuant to subclause

20498324.2

CAR CAR

I

subcontractor where:

(a)

a

I I

38.2 Not used

38.3

I

WUC;

and

(b)

I

37.2

or

37.4, as the

case

may be.

I compliance Principal’s

I I

I 38

~ 39 Default or insolvency

D

39.1

If

D

Preservation of other

party breaches (including repudiates) the Contract, nothing in this clause shall prejudice the right of the other party to recover damages or exercise any other right or a

remedy. 39.2

D

Contractor’s default

If the Contractor commits or

I

Substantial breaches

substantial breach of the

include, but

are

not

Contract, the Principal may, by hand

notice to show

cause.

limited to:

failing to:

I

(i)

perform properly

(ii)

provide security;

the Contractor’s

design obligations;

(iii) provide evidence of insurance;

I

(iv) comply with 29.3; or

I

I

a

by registered post, give the Contractor a written

(a)

I

rights

(v)

use

a

direction of the Principal’s Representative pursuant to subclause

the materials

or

standards of work required

(b)

wrongful suspension

(c)

substantial departure from Representative’s approval;

(d)

where there is

no

by

the

Contract;

of work; a

program without reasonable

program, failing to

cause or

the

Principal’s

proceed with due expedition and without delay;

and

in respect of clause 38,

(e)

~

knowingly providing documentary

evidence

containing

an

untrue statement.

39.3

Principal’s notice

to show

cause

A notice under subclause 39.2 shall state:

I

(a)

that it is

(b)

the

notice under clause 39 of these General

exercise

a

required to show cause right referred to in subclause 39.4;

I

the

39.4

Principal’s rights

place

the

Principal should

by

cause

by

the stated date and

take out of the Contractor’s hands the whole

completed

20498324.2

less

time, the Principal

written notice to the Contractor:

and

suspend payment

subclause 39.6; or

(b)

not be

not

at which cause must be shown.

If the Contractor fails to show reasonable

(a)

I

writing why

by which the Contractor must show cause (which shall days after the notice is received by the Contractor); and

(e)

may

in

the date and time

(d)

than 7 clear

I

Conditions;

alleged substantial breach;

that the Contractor is

(c)

I

a

terminate the Contract.

CAR CAR

or

part of the work remaining

until it becomes due and

to be

payable pursuant

to

I 39

The

I

Take out

39.5

Principal shall complete work taken out of the Contractor’s hands

and may:

I

materials, equipment and other things intended for WUC; and

(a)

use

(b)

without payment of compensation to the Contractor:

possession of, and use, such of the construction plant and or in the vicinity of the site as were used by the Contractor;

(i)

take

(ii)

contract with such of the consultants and

other

things

on

subcontractors; and

I I

(iii) take possession of, and use, such of the design documents, as are

reasonably required by the Principal to facilitate completion of WUC taken out.

Principal takes possession of construction plant, design documents or other things, the Principal shall maintain them and, subject to subclause 39.6, on completion of the work taken out, shall return such of them as are surplus.

I

If the

The

Principal’s Representative

shall

keep

I

records of the cost of completing the work taken

out.

I 39.6

Adjustment

on

completion

of work taken out

completed, the Principal’s certify as moneys due and thereby Representative .that cost between difference the (showing the calculations therefor) payable accordingly and the amount which would otherwise have been paid to the Contractor if the work had been completed by the Contractor. When work taken out of the Contractor’s hands has been shall

assess

incurred and shall

the cost

If the Contractor is indebted to the Principal, the Principal may retain construction plant

Principal commits a substantial breach of the Contract, the Contractor or by registered post, give the Principal a written notice to show cause. Substantial breaches

include, but

are

provide security;

(ii)

produce

the

make

a

I

evidence of insurance;

payment due and payable pursuant

Principal’s Representative

not

giving

a

site if that failure continues for

to the

I Contract; and

certificate of practical completion

referred to in subclause 34.6.

Contractor’s

A notice

notice to show

cause

given under subclause 39.7 shall state:

(a)

that it is

(b)

the

a

or

I I

notice under clause 39 of these General Conditions;

alleged substantial breach;

CAR CAR

I I

(i)

reasons as

20498324.2

may, by hand

failing to:

(iv)

39.8

I

not limited to:

(iii) rectify inadequate Contractor’s access to the longer than the time stated in Item 36(a); or

(b)

I

Principal’s default

If the

(a)

I

or

things taken under subclause 39.5 until the debt is satisfied. If after reasonable notice, the Contractor fails to pay the debt, the Principal may sell the construction plant or other things and apply the proceeds to the satisfaction of the debt and the costs of sale. Any excess shall be paid to the Contractor. other

39.7

I

I I

40

that the Principal is

(c)

exercise

D

D

I I

a

required to show cause in writing why right referred to in subclause 39.9;

the date and time

(d)

than 7 clear

days

(e)

the

which

39.9

Contractor’s

place

at

by which

the

Principal

must

after the notice is received cause must

by

show

the Contractor should not

cause

(which shall

not be less

the Principal); and

be shown.

rights

If the

Principal fails to show reasonable cause by the stated date and time, the may, by written notice to the Principal, suspend the whole or any part of WUC. The Contractor shall

the

remove

Contractor

suspension if the Principal remedies the breach.

The Contractor may, by written notice to the Principal, terminate the Contract, if within 28 of suspension under this subclause the Principal fails:

days of the date

I

I D

(a)

to

(b)

if the breach is not

I

capable

of remedy, to make other arrangements to the reasonable

satisfaction of the Contractor.

Damages suffered by the Contractor by reason of the suspension shall be assessed by Principal’s Representative, who shall certify them as moneys due and payable to

the the

Contractor.

39.10

I

remedy the breach; or

Termination

If the Contract is terminated pursuant to subclause 39.4(b) or 39.9, the parties’ remedies, rights and liabilities shall be the same as they would have been under the law governing the Contract had the defaulting party repudiated the Contract and the other elected to

party

treat the Contract

as

at

an

end and

recover

damages.

If Alternative 2 of subclause 1 0.2

Principal

applies and the Principal has terminated the Contract, the also, without payment of compensation, take possession of the design

may

documents.

I

39.11

Insolvency

If:

I

(a)

a

party informs the other in writing,

or

I

(b) (c)

is

financially unable

execution is levied a

party is

an

to

or

proceed with

against

a

party by

individual person

or a

a

creditors the

generally, that

the party is insolvent

Contract;

creditor;

partnership including

an

individual person, and if

that person:

I

(i)

commits

(ii)

has

(iii)

is made

(v)

has is

a

a

proposal

for

20498324.2

CAR CAR

a

scheme of arrangement

deed of assignment

required

law

him

or

her

or

presents his

or

her

bankrupt;

to

present

under Part X of the

I I

bankruptcy petition presented against petition;

(iv) makes

I

act of bankruptcy;

a

own

I

an

governing

a

or

or a

composition; or

deed of arrangement made, accepts a composition, petition, or has a sequestration order made,

debtor’s

Bankruptcy

the Contract; or

Act 1966

(Cwlth) or

like

provision

under the

I 41

in relation to

(d)

a

party being

a

I

corporation:

given of a meeting of creditors

notice is

(i)

a

with

a

view to the

corporation entering

deed of company arrangement;

(ii)

it enters

(iii)

a

a

deed of company

controller

or

arrangement with creditors;

administrator is is filed with

I

appointed;

court

made to

court for its

(iv)

an application stayed within 14 days;

(v)

a

(vi)

by special resolution that it be wound member’s voluntary winding up); or

(vii)

a

a

or

a

winding

up and not

I

up order is made in respect of it;

winding

it resolves

up

voluntarily (other than for a

I

mortgagee of any of its property takes possession of that property,

I

then, where the other party is:

Principal, the Principal may, without giving exercise a right under subclause 39.4; or

(A)

the

(B)

the Contractor, the Contractor may, without cause, exercise the right under subclause 39.9.

rights and

The

remedies

a

notice to show cause,

giving

a

notice to show

given by this subclause are additional to any other rights and notwithstanding that there has been no breach of contract.

remedies. They may be exercised 40

I

Termination

I I

I

by frustration

If the Contract is frustrated:

Principal’s Representative shall issue a progress certificate for WUC carried out the date of frustration, evidencing the amount which would have been payable had

the

(a)

to

the Contract not been frustrated and had the Contractor been entitled to and made progress claim

on

a

the date of frustration;

I

the Principal shall pay the Contractor:

(b)

(i)

the amount due to the Contractor evidenced

(ii)

the cost of materials and

by

all

unpaid certificates;

equipment reasonably ordered by the Contractor for only if they will become

WUC and which the Contractor is liable to accept, but the Principal’s property upon payment; and

(iii)

the costs

reasonably

incurred up to the date of termination:

(A) removing temporary works and (B) returning

to

their

subcontractors and

construction plant;

place of engagement the Contractor, consultants, their respective employees engaged in WUC at the

date of frustration; and

(C) by

the Contractor in

I

expectation of completing

WUC and not included in

I I

I I

any other payment; and each party shall

(c) 41

promptly

release and return all

security provided by the other.

I

Notification of claims

I 41.1

Communication of claims

The prescribed notice is

20498324.2

CAR CAR

a

written notice of the

general basis and quantum of the claim.

I

I

m 42

I As

practicable after the Contractor becomes aware of any claim in connection with subject matter of the Contract, the Contractor shall give to the Principal and to the Principal’s Representative the prescribed notice or a notice of dispute under subclause soon as

the

D I

42.1. This subclause and subclause 41.3 shall not

apply

to any

claim, including

a

claim for

payment (except for claims which would, other than for this subclause, have been included in the final payment the Contract.

claim), the communication

of which is

required by another provision of

D 41.2

I D

The failure of a party to comply with the provisions of subclause 41.1 or to communicate a claim in accordance with the relevant provision of the Contract shall, inter alia, entitle the other party to damages for breach of the Contract but shall neither bar nor invalidate the

claim.

41.3

I

Liability for failure to communicate

Principal’s Representative’s

If within 28

decision

days of giving the prescribed notice the party giving it does not notify the other Principal’s Representative of particulars of the claim, the prescribed notice

party and the

shall be deemed to be the claim.

I

Within 56

days of receipt of the prescribed notice the Principal’s Representative shall assess notify the parties in writing of the decision. Unless a party within a further 28 days of such notification gives a notice of dispute under subclause 42.1 which includes such decision, the Principal’s Representative shall certify the amount of that assessment to be moneys then due and payable. the claim and

I

I

42

Dispute resolution

42.1

I

If

a

Notice of dispute

difference

or

connection with the

m

dispute (together called a ’dispute’) between the parties arises subject matter of the Contract, including a dispute concerning:

(a)

a

Principal’s Representative’s direction; or

(b)

a

claim:

I

(i)

in tort;

(ii)

under statute;

(iii) for restitution based

I

(iv) for rectification or

I

I

I

I

unjust enrichment or other quantum meruit; or

frustration,

like claim available under the law

governing

the

Contract,

then either party shall, by hand or by registered post and within 14 days of the dispute arising, give the other and the Principal’s Representative a written notice of dispute signed

by a senior member or representative of the party giving the identifying and providing details of the dispute.

Notwithstariding

I

or

on

III

the existence of

and subclause 42.4, continue to

42.2

Conference

(a)

Within 14

dispute, the parties shall, subject perform the Contract. a

to

adequately

clauses 39 and 40

days after receiving a notice of dispute, the parties shall confer at least dispute or to agree on methods of doing so. At every such conference each party shall be represented by a person having authority to agree to once

20498]24.2

notice and

CAR CAR

to resolve the

I 43

such resolution occurrence

(b)

If the or

shall be

methods. All aspects of every such conference except the fact of

I

privileged. days of service of the notice of dispute parties, then, that dispute shall be and is

has not been resolved within 28

dispute

further

a

or

period agreed

between the

here"by referred to expert determination under subclause 42.3.

I I

42.3

Expert determination

(a)

The expert determination shall be determined by an independent expert in the appropriate field agreed upon, and appointed jointly by, the parties. If an agreement

I

is not reached in respect of an expert, or if an appointment of an expert is not made by the parties, within 7 days from the date of referral of the dispute to expert to paragraph (b) of subclause 42.2, the expert shall be determination

I

pursuant

appointed by (lAMA).

the NSW

Chapter

of the Institute of Arbitrators and Mediators Australia

determination agree that the rules for the conduct of the expert Institute of Arbitrators and Mediators Rules for Expert Determination.

(b)

The

(c)

Unless otherwise determined

parties

are

the

by the expert, each party will pay its own costs incurred by the expert together with One

in connection with the process and the determination half of the expert’s fees and hearing allocation costs.

(d)

42.4

Any determination by an expert pursuant to this clause 42.3 shall be final and binding for an amount (excluding upon the parties unless the claim for determination is interest and costs) in excess of the amount stated at Item 38, in which case the determination will not be final and binding on the parties.

herein shall

right of a party to institute proceedings to Contract or to seek injunctive or urgent declaratory relief.

prejudice

payment due under the

I

I I I

Summary relief

Nothing

I

the

enforce

I

43 Waiver of conditions

elsewhere in the Contract, none of the terms of the

Except as provided

at law or in

Contract shall be

varied, waived, discharged

consent of the

equity

or

or

released, except with

the

prior

I

written

parties.

I 44

GST

44.1

Definitions

I

A reference in this clause 45 to

Services

defined

Tax) Act

or

a

term defined

or

(Goods and

used in A New Tax

1999 is, unless the context indicates

System otherwise, a reference to that term

as

used in that Act.

44.2

Payment of GST

(a)

Unless otherwise

stated, all

amounts

payable

for any

supply

under

or

in connection

I

I

with this Contract exclude GST.

(b)

A

recipient of a

taxable

supply

made under this document must pay to the supplier, in supply, any GST paid or payable by the

addition to the consideration for the taxable

I

supplier in respect of the taxable supply. (c)

The is

20498324.2

recipient payable.

CAR CAR

must pay the GST to the

supplier

at

the

same

time

as

the consideration

I I

I 44

m (d)

A

party’s obligation to reimburse another party for an amount paid or payable to a (eg a party’s obligation to pay another party’s legal costs) includes GST on the amount paid or payable to the third party except to the extent that the party

third party

I

D

being reimbursed is entitled

to claim

an

input tax

credit for that GST.

44.3

Tax Invoice

(a)

D

Each party making taxable supply under this Contract must issue a tax invoice to the other party for each taxable supply at or before the time it makes the taxable supply.

(b)

Each party must issue an adjustment note to the other party as soon as it becomes aware of an adjustment event relating to a taxable supply by it under this Contract.

I

45 Environment and Pollution For the purposes of this clause 46:

D D

I

I I

"Environment"includes any aspect of the site and the

(a)

the

physical characteristics

(b)

the

biological characteristics, such

as

the as

land, the

the

waters and the

animals, plants

(c)

unsafe

(d)

degraded in its capacity environmentally degraded.

or

unfit for habitation

or

to

occupation by human beings support

plant

atmosphere; and

and other forms of life.

"Pollution" includes any solid, liquid, gas, odour, heat, sound, substance which makes or may make the Environment:

vibration, radiation

or

or

animals;

life, contaminated

or

otherwise

Except and only to the extent permitted by the relevant municipal, public or statutory authority, the Contractor shall not cause Pollution to occur or obstruct or damage the Environment. The Contractor shall

I

such

surroundings of the site including:

directly

as soon as

practicable

remove

and make

good

any Pollution it has

caused.

46 Personal Property Securiti~s Act 2009

I

The Contractor must if requested

by the Principal, within 5 Business Days of the date of the Principal of the details (including type and, where serial of relevant, constructional plant and other things owned by the Contractor numbers) which will be used in connection with WUc. The Contractor must give written notice to the Principal if the details so provided to the Principal change. request, give written notice

I I

4~

Limitation of Liability and

Consequential Loss

(a)

Notwithstanding any other term of the Contract, the Contractor is not liable to the Principal under any circumstances whatsoever for Consequential Loss whether to people or property arising directly or indirectly from the Contract.

(b)

Notwithstanding any other term of the Contract, the Contractor’s total liability under (including the indemnities in the Contract) whether in contract, tort (including negligence) or otherwise is limited to 25% of the contract sum. kTI.22)

I

the Contract

I I m

I

to the

204983.24.2

CAR CAR

I 45

I

Part A

ANNEXURE to the Australian Standard General Conditions of Contract for

I

Design and Construct This Annexure shall be

completed and attached

to the General Conditions of Contract and shall be read as

part of the Contract.

I

I Item

City of Canada Bay Council

Principal

I

(clause 1) ABN 79 130 029 350

2

1a

Principal’s address

Marlborough Street, Drummoyne

I I

Telephone: 9911 6400 Fax: 9911 6550 Email: tony.mcnamara@canadabay.nsw.gov.au

3

Billbergia(NSW) Pty Limited

Contractor

I I

(clause 1)

4

Contractor’s address

ACN 158326017

I

Suite 101, 25 Angas Street

I

Meadowbank, NSW 2114

5

Principal’s Representative

Phone 8878 6900 Fax 8878 6997

I

[#TBC#)

I

(clause 1)

6

t 7

Principal’s Representative’s

address

(a) Date for practical completion

[#TBC#)

30 June 2018

I

I

(clause 1) OR

(b) Period of time for

Not used

I

practical completion (clause 1)

I

I t 20498324.2

If

applicable, delete and instead complete equivalent Item in the separable portions section of the Annexure Part A

CAR CAR

a

46

I 8

Governing

law

New South

Wa!es

(clause 1)

9

I

(a) Currency

Australian Dollar

(clause 1)

(b) Place for payments

The

Principal’s address

(clause 1)

~

(c) Place

of business of bank

Drummoyne

(clause 1)

I 10

I

The are

Principal’s project requirements described in the

The documents

as

set out and referred to in Annexure Part G

following

documents

(clause 1)

I 11

Preliminary design (clause 1)

I

(a) A preliminary design *

is included

*

is not insll:Jdod

in the

Principal’s project requirements.

If neither

I

I

12

Not used

I D I I I

I I D

o

Delete

20498324.2

C^R C^R

one

deleted, a preliminary design is

not included

I 47

I 13

Iprovisional sum,

Percentage

percentage for profit

25% ...........................[LTL23]

(clause 3)

I

13A

Not used

I

138

Not used

13C

Variation,

I Percentage

Profit/Overheads/Attendance

percentage

I

~5%lLTL24]

(clause 36.4(d))

I 130

IProfit/Overheads/Attendance

Variation,

Percentage

percentage

0%I[LTL25]

I

(clause 36.4)

t 14

Contractor’s

I

security Retention monies

(a) Form (clause 5) (b) Amount

or

of contract

maximum

percentage

I5ILTL26]O/o

I ...................................................................................

sum

I

(clause 5) (c)

If retention moneys,

percentage

10%, until the limit in Item 14(b)

of each progress certificate

(clause 5 and

subclause

(d) Time for provision (except for retention

I

37.2) NA

moneys)

I

(clause 5) (e) Additional security for unfixed plant

and materials

(subclauses 5.4 and

(f)

Contractor’s

security

37.3)

upon

certificate of practical is reduced

Unconditional bank

guarantee

or

similar

security

to the value of

discretion).

I

150lLTL27]% of amount held

I

the claim for unfixed

Principal (in

its

plant

or

materials in

a

form

acceptable

to the

completion

by

I

(subclause 5.4)

t 15

I

Not used

I t

20498324.2

If

applicable, delete

CAR CAR

and instead

complete equivalent Item in the separable portions section of the Annexure Part A

I

I

D 48

~ 16

Principal-supplied

documents

Document

No. of copies

(subclause 8.2) Principal’s project requirements 2 ..............................................................

3

..............................................................

4 ..............................................................

5

I

..............................................................

If

nothing stated,

5 copies

I 17

Documents, numbers of copies, and the times

I

to be

or stages at which they supplied by the Contractor

are

(subclause 8.3) Document

I

All

design

No. of copies

and construction documents..........

5

Time/stage At the

Principal’s request

2 ...................................................................

I

........................

...................................................

3 ...................................................................

4 ...................................................................

I I

........................

...................................................

5 ...................................................................

18

Time for

Principal’s Representative’s

14 days

direction about documents

(subclause 8.3)

I 19

Subcontracting

Work None

I I

I

20

Selected subcontractor

21

Intellectual property rights granted

Principal,

the Alternative

I

o

None

(clause 9.3)

to the

I

consultants

Work

(subclause 9.2)

I

I

by

applying

(subclause 10.2)

22

Legislative requirements

’0498324.’

CAR CAR

Alternative 1

None

by others

I 49

I iVPA

(a) Those excepted

Contributions

(if anY)ILTL28]

(subclause 11.1)

I

(b)Not used

I

Insurance of the Works

23

(clause 16A)

If Alternative 1

I

Alternative 1

(a) Alternative applying applies

5% of the contract

(b) Provision for demolition and

sum

I

removal of debris

(c) Provision for consultants’ fees and Principal’s (d) Value

of materials

supplied by (e) Additional

241

Professional

the

or

I be

Nil

percentage

Nil

things to

Principal

amount

or

indemnity

[LTL30](clause 168 and

(a) Levels

~% of the contract sumILTL29]

consultants’ fees

I I

insurance

subclause

9.2(d))

I

of cover of Contractor’s

professional indemnity

insurance

$10,000,000.00

shall be not less than

(b) Period for which Contractor’s professional indemnity

I

6 years

insurance

shall be maintained after issue of

I

the final certificate

levels of

cover

Levels of cover

Category

(c) Categories of consultants and of consultants’

Accessibility Design

and

Compliance

......

I

$10mil

in anyone claim I

$20mil

in

professional indemnity insurance

Acoustic

Design Engineer....................... $12mil in $24mil

(Hydraulic, Mechanical, Wet Dry Fire Design)

All Services

and

Architectural Services

in

$10mil in

aggregate anyone claim I

aggregate anyone claim I

$20mil in aggregate

$10mil

I I

......

in anyone claim I

I

$30mil in aggregate Electrical Fa ade

Design

Engineering

Project Certifier

$20mil

I

$20mil $11 mil

in anyone claim I

$22mil in aggregate Structural

Engineer

$20mil in

anyone claim I

$40mil in aggregate

10498324.2

CAR CAR

I

I I

D 50

D Site Auditor responsible for the Site Audit

$1 mil

Statement.

I

All other consultants

(d) Period

D

$5mil

for which each consultant’s 6 years

professional indemnity insurance shall be maintained after issue of the final certificate

25

I

Public

liability

insurance

(clause 17)

(a) Alternative applying

Alternative 1

~ (b) Amount

per

occurrence

shall be not

less than

$20,000,000.00

I 26

(a) Time for giving

I I

Within 14

access

days of execution

of the

iContracf{LTL3I]

(subclause 24.1)

27

The information, materials, documents or

instructions and the times

periods within which they given

I

Documents

by, or

are

or

instructions

All documents forming the

to be

Principal’s

Project Requirements...............................

to the Contractor

(clause 32)

2

3

I

4

5

Times/Periods On

or

before the’ date

of the Contract

...........................................................

...........................................................

...........................................................

...........................................................

I 28

I

t 29

Not used

Liquidated damages, rate

$Nil per

~a~[LTL32]

(subclause 34.7)

I t 30

I

I t 31

I

I n

Bonus for

early practical completion

(subclause 34.8) (a)Rate

Nil

(b)Limit

N/A

Delay damages

$NiI per day

(subclause 34.9)

t

2049’’’4.2

If

applicable, delete

CAR CAR

and instead

complete equivalent Item

in the

separable portions

section of the Annexure Part A

1 51

1 32

Defects

12 months

Liability period

(clause 35)

33

1

Progress Claims

I

(subclause 37.1) (a) Times for progress claims

10th day

of each month for WUC

done to the

8th day

of that month

1

OR

(b) Stages of WUC for progress

N/A

............................................................................................

claims

34

Unfixed

plant and materials for which

1 I

Lifts, Windows

payment claims may be made

1

(subclause 37.3)

35

Interest rate

on

overdue

payments

10%

per~nnUmILTL331

.1

(subclause 37.5)

I 36

Time for

Principal to

rectify inadequate

..Days

....................

access

If

nothing stated, 14 days

(clause 39.7)

1

37

Not used

38

Limit of amount of Claim for determination

by Expert

to be final and

(subclause 42.3)

A1

1

$~00,000:[LTL341

1

binding

I

1

1 1 I I 20498324.2

CAR CAR

I

I 52

I m

Annexure to the Australian Standard General Conditions of Contract for

Design

and Construct

I Not Used .

o D ~

I I I

I I I I

I

I I D D

20498324.2

(’AR CAR

Part B

I 53

I

Part C

Annexure to the Australian Standard General Conditions of Contract for

Design

I

and Construct

I Deed of novation

I

(subclause 9.2(c)) This Deed made the..

........................................................................

day of

...................................

between.................................................................................................................................... of

...........

....................................................................

and

of

of

of

ABN

ACN

...........................

ACN

...........................

ACN

...........................

(the Principal)

I

.................

ABN

(the Contractor)

I

.....................................

ABN

(the Subcontractor)

I

.....................................

.........................................................................................................................

...............................................................................

.........

.....................

..................................................................................................................................

...............................................................................

and

...........................

.......................................................................................................................................

...............................................................................

and

ACN

20

(the Incoming Contractor)

ABN

I

.....................................

witness t,hat:

Upon receipt by the Subcontractor of the

sum

certified

by the Principal’s Representative

as

owing under the

I

prior contract described in the Schedule hereto:

(a) the prior

contract shall be

I

discharged;

Subcontractor shall release the Contractor from the further

(b) the

from all claims and demands in connection with the

(c) the Incoming

Contractor shall

far

not

as they are provisions of the prior contract

contract as

punctually perform performed.

as

if the

performance

2

The

provisions of the prior

contract

Principal and Subcontractor each

(a) subcontract work

were

the

obligations

contract and

of the Contractor under the

Contractor

The

Incoming Incoming Contractor had

incorporated

warrant to the

prior

prior contract;

acknowledges

been named in the

(d) the Subcontractor shall punctually perform like obligations and be bound the

of the

to the

itself bound

prior

by

prior contract; and

Incoming Contractor as if

Incoming

I

Contractor that:

carried out to the date hereof is in accordance with the

3

The

claims and demands in connection with the

Principal

prior

and Subcontractor each indemnifies the

provisions of the prior contract;

contract have been made to the Contractor.

Incoming Contractor from

the Contractor, Principal and Subcontractor in connection with the 4

A

prior

sum

owing

pursuant

the Subcontractor in connection with the

under the

(b) the Incoming

all claims and demands of

I

contract.

Principal’s Representative’s certification of the

prior contract; or

Contractor and the Subcontractor in connection with clause

to the

This Deed shall be

1(c) or 1(d), shall

are

incorporated

I

herein.

governed by the laws of the jurisdiction stated in Item 8 of the Contract between the Principal and Contractor.

CAR CAR

I

be resolved

provisions of AS 4903-2000 Subcontract Conditions for Design and Construct which for

the purposes of this clause 4

20498324.2

I

dispute between:

(a) the Principal and

5

I

herein.

and

(b) all

I

the

I I

D 54

Schedule

D

...................................................................................................................................................

...................................................................................................................................................

...................................................................................................................................................

...................................................................................................................................................

~

In witness whereof the

of the

THE COMMON SEAL

D

D

I

was

parties have executed this

DEED OF NOVATION

by affixing

their seals.

Principal

affixed to this document in the presence of:

............................................................................

Secretary/Director

Director

Name

Name

(please print)

(please print)

D THE COMMON SEAL was

of the Contractor

affixed to this document in the presence of:

I I

Secretary/Director

Director

Name

Name

(please print)

THE COMMON SEAL was

(please print)

of the Subcontractor

affixed to this document in the presence of:

I I

SecretarylDirector

Director

Name

Name

(please print)

(please print)

I THE COMMON SEAL

I I D

n

was

of the

Incoming Contractor

affixed to this document in the presence of:

Secretary/Director

Director

Name

Name

20498314.2

(please print)

CAR CAR

(please print)

I ss

I Annexure to the Australian Standard

Part D

General Conditions of Contract for

Design

I

and Construct

I

I’

Deed of novation

(subclause 9.5)

I

This Deed made this between...........

of

of

...................................

ACN

...........................

ABN

ACN

...........................

ABN

ACN

...........................

.........

(the outgoing party)

(a) the incoming party

shall

punctually perform

described in the Schedule hereto itself bound

as

far

ABN

I

in the

prior

(c) the outgoing party further

are

not

the

prior

contract

contract

and

were

incoming party

obligations and be bound

incorporated herein;

continuing party

performance of the prior

like

had been named

as

the

to the

incoming party

as

The

I

shall each release and forever

discharge the other from the

contract and from all claims and demands in connection with the

prior

I

outgoing party and continuing party each

selected subcontract work,

provisions of the prior 3

This Deed shall be

continuing party.

I

if the

and

contract. 2

I

performed. The incoming party acknowledges

contract as if the

prior contract;

(b) the continuing party punctually perform of the

contract:

obligations of the outgoing party under

they

as

by the provisions of the prior

outgoing party

provisions

the

I

(the continuing party)

witness that:

Upon receipt by the continuing party of all moneys owing under the prior

I

(the incoming party)

.....................................

...............................................................................................................................

...............................................................................

20

.....................................

.................................................................................................................................

...............................................................................

and

day of

................................................................................................................

...............................................................................

and of

..........................................................................

as

the

case

warrant to the

incoming

party that

preliminary design

or

may be, carried out to the date hereof, is in accordance with the

contract.

governed by the governing law of the prior

contract between the

outgoing party

I

and

I

I I I I 20498324.2

CAR CAR

I

56

D Schedule ....................................................................................................................................................

...................................................................................................................................................

~

...................................................................................................................................................

In witness whereof the

THE COMMON SEAL

~

m m

was

parties have executed this

of the

DEED OF NOVATION

by affixing

their seals.

outgoing party

affixed to this document in the presence of:

Secretary/Director

Director

Name

Name

(please print)

(please print)

c THE COMMON SEAL was

I

of the

incoming party

affixed to this document in the presence of:

Secretary/Director

Director

Name

Name

(please print)

(please print)

D I

THE COMMON SEAL was

of the

continuing party

affixed to this document in the presence of:

I Secretary/Director

I

Name

(please print)

I

I I D o

’04983’4.’

CAR CAR

Director

Name

(please print)

I 57

I Annexure to the Australian Standard

Part E

General Conditions of Contract for

Design

I

and Construct

I Deletions, amendments and additions

A marked up version of these

Contract

can

general conditions showing Principal.

be obtained from the

I all

changes against

the Standard AS4902

I I I I I I I I I

I

I

I I

I 20498324.2

CAR CAR

I

I 58

D I

Annexure to the Australian Standard

General Conditions of Contract for Design and Construct

Not Used

o

m

~

I I I

I I I I

I

I I o

20498324.2

CAR CAR

Part F

I 59

I Annexure to the Australian Standard

Part G

General Conditions of Contract for

I

Design and Construct

I Scope of Works 1

"Design Brief For the Proposed Rhodes Leisure Centre";

2 Rhodes Indoor Leisure Centre

-

Voluntary Planning Agreement Performance Brief dated 11 November 2014

I

prepared by WSP; 3 SJB

Drawing

Nos. A-0204 Rev 3; A-0205 Rev 3; A-0206 Rev 3; A-0207 Rev 3; A-0208 Rev 3; A-0210 Rev 3;

I

A-0602 Rev 3; 4 Acoustic Isolation 5

Requirements drawings dated

11 November 2014

prepared by WSP; and

Preliminary Fixtures and Finishes Schedule Rev ;3 dated 12 November 2014.

I

I I I

I I I I

I I I

I I 10498324.2

CAR CAR

~

D 60

E I

Annexure to the Australian Standard General Conditions of Contract for

Design

Part H

and Construct

I Provisional Sums

~ ,

-

".

o.

i"

,.

_

_

~

-,’

"

I

D

I ~ I

C

Item

-

Item

description

,

,J

" "

,

No

.

,

Amount ($)

". ~

. _.-

~

-

..

-

"’

1

Car Park ticket machine

2

Shade Umbrellas to outdoor childcare

3

Access Control system (Leisure Centre)

4

Security System (Leisure Centre)

5

Health club audio visual works

75,000.00

6

Stadium and qymnastics audio visual works

50,000.00

7

Cafe Servery/Hotplates

61,000.00

8

Cafe Refriqerators

18,769.23

9

Cafe dishwashers

11,261.54

10

Entry swipe and qates

28,153.85

11

IT Equipment

93,846.15

12

Sauna Fit-out

93,846.15

13

Steam

93,846.20

14

Steps, starting boxes, and lane dividers to swimming pool

15

Childcare Centre Fit-out works (if operated by Council)

140,769.23

16

Health Club fit-out, loose furniture and

469,230.77

room

system

300,000.00 area

75,000.00 80,000.00 280,000.00

fitout

equipment (if operated by

18,769.23

council)

~ 17

Stadium

sports equipment (goal posts, separating nets, basketball

178,307.69

hoops)

I I

I a ~

o

18,769.23

18

Electronic scoreboard

19

FF&E to amenities and changing

20

BCA and way finding signage

18,769.23

21

Identification signage

46,923.08

22

Window Blinds

46,923.08

23

Loose furniture and

24

Spectator seating to pool and stadium

25

Bench seating to sauna, steam

26

Reception counter

28,153.85

27

Cafe counter and cupboards

42,230.77

10498324.2

CAR CAR

rooms

equipment (Public areas and meeting rooms)

room

and chanqinq Rooms

103,230.77

46,923.08 168,923.08 93,846.15

I 61

....

...

Item

Item

description

..~

-,

"

MeetinQ

29

Handrails and metalwork Total

kitchenette

r\

"j-.~

.

’J.

..

-

I

-

.,

[I

._

~IJ

l!-

,

J

Amount ($)

;] ., ,.

..... lI..

28

"

~

~. ,~

"u" tI ’f

~

~

" .

...r~ ~

~

~

No room

0’ ,

,

D

J

r:I~~ >.

j .

.

"

4,692.31

I

93,846.15

2,781,030.82

I I I I I I I I I I

I I

I I I I 20498324.1

CAR CAR

I

D a D

Annexure to the Australian Standard General Conditions of Contract for

Design

and Construct

~ m

Principal’s Occupational Health and standards and guidelines

E

D m I I

I I I I I I

I

I I

o

2:0498324.2

CAR CAR

Safety policies,

Part I

I I Annexure to the Australian Standard

General Conditions of Contract for

Design and Construct

Part J

I

;

Not Used

I

I I I I

I I I

I I I

I

I I

I 20498324.2

CAR CAR

I

E

I

D D

Annexure to the Australian Standard General Conditions of Contract for

Design

and Construct

Not Used

(Clause 20)

I

I D D

m m I

D

I I I

I D E

o

20498324.2

CAR C^R

Part K

I

I Annexure to the Australian Standard

General Conditions of Contract for

Design

and Construct

Part L

I I

Not Used

I I I I

I I I I I I I

I I I I 20498314.2

CAR CAR

I

D m o

Annexure to the Australian Standard General Conditions of Contract for

Design

Part M

and Construct

~ Subclause 38.1

D

D D I

Supporting Statement by

head contractor

regarding

payment to subcontractors

This statement must accompany any payment claim served contractor.

on a

principal to a

construction contract

by

a

head

For the purposes of this statement, the terms "principal", "head contractor", "subcontractor", and "construction contract" have the meanings given in section 4 of the Building and Construction Industry Security of Payment Act 1999. Head contractor: [business name of head

contractor]

ABN: [ABN]

I

*1

has entered into

a

contract with: [business name of subcontractor] ABN: [ABN]

Contract number/identifier: [contract number/identifier]

I

OR

*2

I

~

*

has entered into

a

contract with the subcontractors listed in the attachment to this statement.

[Delete whichever of the above does not apply]

This statement applies for work between of the payment claim dated [date].

[start date] and [end date] inclusive (the construction work concerned), subject

I, [full name], being the head contractor, a director of the head contractor or a person authorised by the head contractor whose behalf this declaration is made, hereby declare that I am in a position to know the truth of the matters that are contained in this supporting statement and declare that, to the best of my knowledge and belief, all amounts due and on

I I

payable to subcontractors have been paid (not including any amount identified dispute). Signature:

Date:

Full

PositionlTitle:

name:

I

I

I I m o

10498324.2

CAR CAR

in the attachment

as an

amount in

I I Attachment

Schedule of subcontractors paid all amounts due and

Subcontractor ABN

Contract numberl identifier

payable

Date of works

(period)

Date of

I

payment claim

(head contractor

claim)

I

I I I. Schedule of subcontractors for which

an

amount is in

dispute and

has not been

paid Subcontractor ABN

Contract numberl identifier

Date of works

Date of

(period)

payment claim (head contractor

I I

claim)

I I I I I

I

I I

I I 20498324.2

CAR CAR

I

m I I

I

I I I

I I I

I

m D I I I

I I ~ o

’0498324.’

r AR r AR

I I Annexure to the Australian Standard

Part N

General Conditions of Contract for

Design

I

and Construct

I Subclause 38.1

Statutory

I

Declaration

(To be made

as a

statutory declaration)

I

STATUTORY DECLARATION BY CONTRACTOR

I, [nameof person] of [address],[occupation]do solemnly and sincerely declare as follows: 1.

I

this declaration 2.

I

[state person’s position in the contractor’s company eg, Director, Company Secretary, Contract Administrator etc] for the time being of [nameof contractor] (Contractor)and am authorised to make am

on

I

behalf of the Contractor.

The Contractor has entered into

a

date of contract] in relation to the

building

project

contract with

at

[name of Principal] (Principal)dated [insert [project address] (Contract).

3.

making this statutory declaration in connection with the payment of Progress Claim Claim number] dated [insert date] pursuant to the Contract.

4.

As at

I

am

[date], all

monies due and

payable by

the

Principal

I

No. [insert

in relation to the Contract have been

paid

in

I

full. 5.

All insurance

policies required

to be effected

and will remain current for the duration of the 6.

The Contractor holds all licences

required for the Contractor to carry out the works under the in full force and effect as at the date of this declaration and will remain current for the duration of the project. Contract and those licences

7.

by the Contractor pursuant to the Contract are current project.

are

Except as stated below, all of the Contractor’s workers and sub-contractors (including consultants suppliers of services, plant, equipment, materials and other goods), who at any time have been engaged on work under the Contract have at the date of this declaration been paid in full all monies due and owing to them in respect of invoices rendered up until, and forming part of, the previous progress claim under the Contract, excluding any cash retentions. The following amounts have been claimed, but have not yet been paid, for the following reasons:

I I I

and any other

[Insert name and

amounts claimed but

I I

unpaid and the reasons for the non payment]

Except as stated below, there are currently no actual or threatened disputes of a material nature in relation to any payment to any employee, subcontractor, consultant or supplier of materials in respect of the works being carried out pursuant to the Contract or which are or may become subject to any action or claim by any person under the Building and Construction of

I

Industry Security

Payment Act

1999 or any similar

legislation.

The following amounts have been claimed, but have not yet been

8.

[Insert name and

amounts claimed but

Except completed up

below, there are

as

stated

CAR CAR

reasons:

unpaid and the reasons for the non payment]

material disclosures in respect of the quality of the works by the Contractor of Progress Claim No. [claim number] that deduction, or the withholding of, payment to a supplier, subcontractor or consultant

I

no

to date of submission

would result in

20498324.2

I paid, for the following

a

I I

I under the Contract. The following amounts have been

following

I

[Insert name and 9.

I

not

yet been paid, for the

amounts claimed but

unpaid and the reasons for the non payment]

As at the date of this declaration, the Contractor is not in breach of any of its obligations under the Contract or any other project document to which it is a party and nothing has occurred which would entitle a person to terminate or rescind the Contract or any project document.

I I

claimed, but have

reasons:

AND I ACKNOWLEDGE that this declaration is true and correct, and I make it in the belief that a person false declaration is liable to the penalties of perjury.

DECLARED at

[Town or Suburb] in the State [Day]day of [Month]

of New South Wales this

I

[Year] ............................................................

Declarant Before

me:

I Name of Witness: [Name] Title:

I

reg Justice of the Peace]

I

I E I I I I

I I I

o

20498324.2

(’AR (’AR

making

a

I I

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I Rhodes West Station Precinct

I

-

Marquet

& Walker Streets

Planning Ag

City of Canada Bay Council Walker Street

Development Pty Limited

I

DL

& Ors

D &. C Contract

o ~

Schedule 11 (Clause 14.3)

m

Monetary Development Contribution Details

~ D

.’ .’

.

"

Name ofVPA

D

DANo.

Address

Stage/Phase /Building

Approved

Actual/Built

$ Square

Monetary

GFA

GFA

Metre Rate

Contribution

Required (including

D

CPI

adjustment)

D

"

D

~ ,

,

I I I

I

I D 20524643_1.DOCX

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20524643.1

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51

I Rhodes West Station Precinct

City

of Canada

Walker Street

-

Marquet

& Walker Streets

Bay Council

Development Pty Limited

Planning Ag

DL

& Ors

I I

I

Execution

Executed

as a

I

Deed

I Dated:

I Executed

on

I

behalf of the Council

I General

Manager

Witness

I I Mayor

Witness

I Executed <<;)n behalf of the Developer in accordance with 5127(1)of the Corporations Act (Cth)

I

2001

I

^:kL ;

I

Name/Position

jOH ,.J

~I "-lQtv\.It

Name/Position

I

!’)f {t. u> r ’1-

r

I

I 20524643_1.DOCX 20524643.1

I 52

CAR CAR

I

m Rhodes West Station Precinct

I

City

Executed

I

Marquet

& Walker Streets

Planning Ag

Bay Council

of Canada

Walker Street

-

Development Pty Limited

on

behalf of Billbergia

DL

& Ors

in accordance with

s127(1)of the Corporations Act (Cth)2001

~

)\

Name/Position

I /L 1 N euA

’J"or-.".J

I

.

/1In 11.01 y

Name/Position

I I

I I I

Executed on behalf of Twenty One Marquet St Corporations Act (Cth)2001

s127(1)of the

x;!L. LL Name/Position

J’ f\.l N

t-IN9tU/f-

(1112!121~

Name/Position

I ~

in accordance with

Executed

n

behalf of Bay Tower

in accordance with

s127(1) of the Corporations Act (Cth)2001

~

"!\:h Name/Position

I

m

J>tllJ {LtN~ Name/Position

-

’1//t /ltJ/y

I I

Executed

on

behalf of Twelve Walker

in accordance with

s127(1)of the Corporations Act (Cth)

2001

53

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Rhodes West Station Precinct

-

Marquet

& Walker Streets

I Planning Ag

City of Canada Bay Council Walker Street

Development Pty Limited

DL

& Ors

I

;;&?--. ~

I

Name/Position

I

J~",,J ~’N~AName/Position

20f L{ (1(, !

I I

Executed (Cth)2001

on

behalf of Thirty Four Walker

in accordance with

s127(1)of the Corporations Act

I

x:J:L LL

I

Name/Position

I

JH,J ~"’~A-’ Name/Position

I

I I .1.

I

.

I

I

I I

I I

20524643_1.DOCX 54 20524643.1

CAR CAR

I

I Rhodes West Station Precinct

I

City

of Canada

Walker Street

Bay

-

Marquet

&. Walker Streets

Planning Ag

Council

Development Pty Limited

I IL

&. Ors

I Appendix (Clause 66) Environmental Planning and Assessment Regulation 2000

D

(Clause 25E)

I Explanatory

Note

E ..

Draft

I

Planning Agreement

Under s93F of the Environmental Planning and Assessment Act 1979

C Parties

~

City of Canada Bay Council (Council) Walker Street

ABN 79130029250 of 1a

Development Pty Limited

Marlborough St, Drummoyne

NSW 2047

ACN 164083809 of 44 Waratah Street Mona Vale NSW

2103 (Developer)

Billbergia Pty. Ltd Bay

Tower

ACN 008 645 136 of Suite 101,25 Angas Street Meadowbank NSW

2114(Billbergia)

Pty Limited ACN 099267464 of Suite 101,25 Angas St, Meadowbank NSW (Bay Tower)

Twenty One Marquet Street Pty Limited ACN 165919693 of Suite 101,25 Angas Street Meadowbank NSW 2114 (Twenty One

Marquet St)

Twelve Walker Street Pty Limited ACN 166282542 of Suite 101, 25 Angas Street Meadowbank NSW 2114 (Twelve Walker)

I

Thirty Four Walker Street Pty Ltd of (Thirty Four Walker)

ABN 36 165847076 of Suite 101,25 Angas St, Meadowbank NSW

I I

Description of the Land 6-14 Walker

to which the Draft

Planning Agreement Applies

Street, 11-21 Marquet Street, 23 Marquet Street, and 34 Walker Street, Rhodes

I Description of Proposed Development

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55

I. Rhodes West Station Precinct

Marquet

-

&. Walker Streets

Planning Ag

City of Canada Bay Council Walker Street

DL

I

Development Pty Limited &. Ors

Development which exceeds the height and floor space ratio provisions of the LEP and which is to be carried out under the LEP

as

amended

I

Precinct LEP

by the Station

I

Summary of Objectives, Nature and Effect of the Draft Planning Agreement

I

Objectives of Draft Planning Agreement objectives of the Draft Planning Agreements are to provide suitable Development Contributions (within the meaning of Act) towards the provision of community infrastructure to meet the needs of residents within the locality.

I

Nature of Draft

I

The

The Draft

Planning Agreement

Planning Agreement

Effect of the Draft The Draft

is

a

voluntary planning agreement under s93F of the Act.

I

Planning Agreement

Planning Agreement:

.

relates to the

.

exclude the

carrying

out

I

by the Developer of the Development on the Land;

application of s94 and 94A of the Act to the Development; requires monetary Development Contributions and dedication of land for and car park;

a

Recreation Centre,

requires the Council to apply the monetary Development Contribution made under the agreement towards the public purpose specified in the agreement; requires the Developer

to

provide the Council

with

DeveloplT)ent

Contributions before

issuing

I

I

certificates under Part 4A of the Act; is to be

registered

on

imposes restrictions

the title to the Land Act;

on

the

Developer tranl?ferring

the Land

or

part of the Land

or

assigning

an

I

interest under the agreement;

provides

a

dispute resolution

The

I

~

\

Assessment

method.

o.f;"the

Merits of the Draft

Planning Agreement

I

Planning Purposes Served by the Draft Planning Agreement The Draft

I

Planning Agreement:

promotes the orderly and economic

use

and

development of the Land

to which the agreement

applies; facilitates the provision of land for public purposes in connection with the

facilitates the

promotes

provi~ion

increased

of community services and

opportunity

for

I

Development;

facilities; and

public consultation

in

environment

planning

and

I

assessment.

How the Draft

The Draft out in

Promotes the Public Interest

Planning Agreement promotes the public ss 5 (a)(ii), (iv), (v)and 5 (c)of the Act.

20524643_1.DOCX 20524643.1

Planning Agreement

interest

by promoting

the

objects

of the Act

as

set

I. I

56

CAR CAR

I

I Rhodes West Station Precinct

-

Marquet &. Walker Streets Planning Ag

City of Canada Bay Council Walker Street

I

a

For

Development Pty Limited

DL

&. Ors

Planning Authorities:

Development Corporations Statutory Responsibilities

-

How the Draft

Planning Agreement Promotes its

N/A

m

Other Public Authorities

Objects

-

Planning Agreement Promotes the

How the Draft

(ifany) of the Act under which it is Constituted

N/A

I

Councils

-

How the Draft

Planning Agreement Promotes the Elements of the

Council’s Charter

I

The Draft .

D .

Planning Agreement:

promotes the provision of adequate, equitable and appropriate services and facilities for the community by making provision for community infrastructure; facilitates involvement of the

in

decision

making regarding

the

provision of

community infrastructure; and

E

secures

.

funding

residents within

I

community

All

for

community the locality.

infrastructure for which it is

provided

to meet the needs of

Whether the Draft Planning Agreement Conforms with Planning Authorities Works Capital Program -

the Authority’s The Draft

I

Planning Agreement will conform

All Planning Authorities

requirements occupation certificate

capital works

program.

Whether the Draft Planning Agreement specifies that

must be

certain

The Draft

-

to Council’s

complied

with before

a

construction certificate,

or subdivision certificate is issued

Planning Agreement requires monetary Development Contributions and the occur prior to the issue of subdivision certificates and occupation

dedication of land to certificates.

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