Detailed Design: Upgrade to Lower Brown Hill Creek · Detailed Design: Upgrade to Lower Brown Hill...

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Detailed Design: Upgrade to Lower Brown Hill Creek Contracts Between: Tonkin Consulting ABN: 99 630 962 951 And Prestige Worldwide ABN: 12 34 56 789 10 th June 2014

Transcript of Detailed Design: Upgrade to Lower Brown Hill Creek · Detailed Design: Upgrade to Lower Brown Hill...

Page 1: Detailed Design: Upgrade to Lower Brown Hill Creek · Detailed Design: Upgrade to Lower Brown Hill Creek Contracts Between: Tonkin Consulting ABN: 99 630 962 951 And Prestige Worldwide

Detailed Design: Upgrade to Lower Brown Hill Creek Contracts

Between:

Tonkin Consulting

ABN: 99 630 962 951

And

Prestige Worldwide

ABN: 12 34 56 789

10thJune 2014

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Contents

1. Agreement .......................................................................................................................... 1

2. Recitals ................................................................................................................................ 1

3. Definitions ........................................................................................................................... 1

4. Works General .................................................................................................................... 5

4.1. General .................................................................................................................................... 5

4.2. Site description and location .................................................................................................. 6

4.2.1. Access .......................................................................................................................... 6

4.3. Site Amenities and Temporary Services.................................................................................. 7

4.4. Resources and Methodology .................................................................................................. 7

4.5. Materials ................................................................................................................................. 7

4.6. Standard of Work .................................................................................................................... 8

4.7. Defects .................................................................................................................................... 9

4.8. Investigations .......................................................................................................................... 9

4.9. Site Cleaning ............................................................................................................................ 9

4.10. Care and Protection of property and Persons ...................................................................... 10

4.11. Registration ........................................................................................................................... 10

4.12. Sub-contractors ..................................................................................................................... 10

4.13. Variation ................................................................................................................................ 10

5. Work Health and Safety .................................................................................................... 12

5.1. General .................................................................................................................................. 12

5.2. Pre-work safety briefings ...................................................................................................... 12

5.3. Creek safety .......................................................................................................................... 12

5.4. Alcohol and drugs ................................................................................................................. 13

5.5. Fatigue................................................................................................................................... 13

5.6. Safety equipment and clothing ............................................................................................. 13

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5.7. Audit ...................................................................................................................................... 14

6. Time .................................................................................................................................. 15

6.1. Commencement, progress and completion ......................................................................... 15

6.2. Extension of time .................................................................................................................. 15

7. Fee .................................................................................................................................... 16

7.1. Fee ......................................................................................................................................... 16

7.2. Goods and services tax (GST) ................................................................................................ 16

7.3. Security ................................................................................................................................. 16

8. Completion ....................................................................................................................... 18

8.1. Practical completion ............................................................................................................. 18

8.2. Defects Liability Period ......................................................................................................... 19

9. Risk Management ............................................................................................................. 20

9.1. Contractor’s Risks and Warranties ........................................................................................ 20

9.2. Limitation of Liability............................................................................................................. 21

10. Termination ...................................................................................................................... 22

10.1. Accrued rights and Remedies ............................................................................................... 22

10.2. Claims .................................................................................................................................... 22

10.3. Settlement of Disputes ......................................................................................................... 22

11. Miscellaneous ................................................................................................................... 23

11.1. Notices .................................................................................................................................. 23

11.2. Communication Generally .................................................................................................... 23

11.3. Amendments and Assignment .............................................................................................. 23

11.4. Relationship .......................................................................................................................... 23

11.5. Records.................................................................................................................................. 23

11.6. Confidentiality ....................................................................................................................... 24

11.7. Schedule A: Fee ..................................................................................................................... 24

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11.8. Schedule B: Contracts and Technical Specification............................................................... 24

11.8.1. Contract 1: Upgrades to Existing Creek .................................................................... 24

11.8.2. Contract 2: Road and Culvert Installation ................................................................. 27

11.8.3. Contract 3: Traffic Management ............................................................................... 28

11.8.4. Contract 4: Earth and Civil Works ............................................................................. 28

11.9. Schedule C: Documents ........................................................................................................ 31

11.9.1. Documents to be provided to the project manager ................................................. 31

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1. Agreement

BETWEEN: Principle (ABN 99 630 962 951) of Tonkin

AND: Prestige Worldwide (ABN 12 34 56 789) of Mawson Lakes Boulevard, Mawson Lakes, South

Australia 5095

2. Recitals

A: Tonkin requires contractors to perform various tasks enabling Tonkin to effectively conduct its

Brown hill creek upgrade operations

B: Prestige Worldwide has by their submission held themselves out to have the requisite skills,

material and workforce to perform the required works.

C: Tonkin has engaged Prestige Worldwide to perform the Works in accordance with the terms of

this Agreement.

In consideration of the payment of the fees set out in Schedule A the parties HEREBY AGREE as

follows

3. Definitions

(1) In this Agreement unless the context otherwise requires:

‘Agreement’ means the contractual relationship between Tonkin and Prestige Worldwide

constituted by the Contract Documents and any documents referred to in the Contract

Particulars.

‘Tonkin Property’ means any property or equipment owned, leased or hired by Tonkin.

‘Associated Parties’ means officers, employees, agents or Subcontractors.

‘Business Day’ means a day on which trading banks are open for general banking business in

the jurisdiction specified in It the Contract Particulars not including a Saturday or Sunday or

statutory holiday.

‘Claim’ includes any claim for money or time, and any cost, expense, loss, damage, claim,

liability, action or proceeding whether or not presently ascertained, immediate, future or

contingent.

'Commonwealth' has the meaning given to it in the Work Health and Safety Act 2011 (Cth).

‘Consequential Loss’ means any loss of income or profit, loss of use, loss of business or

business interruption or loss of opportunity arising from any event.

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‘Contract Documents’ means this document, the Contract Particulars, the schedules to this

Agreement and the documents referred to in the schedules.

'Corresponding WHS laws' has the meaning given to it in the Work Health and Safety Act

2011 (Cth).

‘Defect’ means any defect, shrinkage, fault, omission in or damage to the Works including

any aspect of the Works which is not in accordance with the requirements of this Agreement.

‘Delaying Event’ means any act, omission or default by, or on behalf of, Tonkin or any other

event beyond the reasonable control of the Contractor which causes delay to Practical

Completion

‘Direction’ means any communication from Tonkin to Prestige Worldwide for agreement,

approval, authorisation, certification, decision, demand, determination, explanation,

instruction, notice, order, permission, rejection, request or requirement and includes a Notice.

‘Dispute’ means any dispute or difference which is in any way connected with, or arises out

of or in relation to this Agreement (including the termination of this Agreement) or the Works

or any part thereof whether that dispute arises before or after the ending of this Agreement.

'Environmental Requirements' means the environmental requirements described in the

Environmental report

‘Fee’ means the amount calculated in accordance with Schedule A

‘Final Certificate’ means the certificate issued by the Project Manager

‘Industrial Requirements’ means any requirement obligation or prohibition arising under the

Fair Work Act 2009 (Cth) and its associated regulations and applicable workers’

compensation, superannuation and taxation legislation.

‘Notice’ means a communication in writing between the parties which is intended to manage

various administrative processes in this Agreement and includes all formal communication

pursuant to the clauses of this Agreement.

'Personnel' means any person that the Contractor engages in order to provide the Works and

includes Subcontractors.

‘Policies, Procedures and Standards’ means all policies procedures and standards issued by

Tonkin from time to time in relation to works of the type being performed under this

Agreement or the conduct of a person such as the Contractor in carrying out such works.

'Practical Completion' means that stage in the carrying out and completion of the Works

when:

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a. the Works are complete except for minor Defects:

(i) which do not prevent the Works from being reasonably capable of being used for

their stated purpose;

(ii) which the Project Manager determines the Contractor has reasonable grounds for

not promptly rectifying; and

(iii) the rectification of which will not prejudice the convenient use of the Works;

b. those tests which are required by the Agreement to be carried out and passed before the

Works reach Practical Completion have been carried out and passed; and

c. documents and other information required under the Agreement which, in the Project

Manager's opinion, are essential for the use, operation and maintenance of the Works

have been supplied.

'Public Authority' has the meaning given to it by the Work, Health and Safety Act 2011

(Cth).

‘Records’ means the records associated with the Works which include, but are not limited to,

operating and maintenance plans, information processes, techniques and methodologies,

timetables, technical and operational information, technical data, specifications, manuals,

drawings, tracings, calculations, worksheets, computer programs, computer disks, files and

reports.

'Regulation' means the Work Health and Safety Regulations 20011 (Cth).

'Safe Work Method Statements' means the safe work method statements as defined in

regulation 5 of the Regulation or the Corresponding WHS laws applicable to the State in

which the Works are performed.

‘Security of Payment Legislation’ means, if the Site is situated in South Australia the

Building and Construction Industry Security of Payment Act 2009 and the Workers’ Liens

Act 1893 (SA).

‘Site’ means the site of the Works set out in the Site location clause

‘Subcontractor’ means any subcontractor, supplier or consultant engaged by the Contractor

to perform the Works or any part of the Works.

‘Tax Invoice’ has the meaning given by A New Tax System (Goods and Services Tax) Act

1999 (Cth).

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‘WHS Legislation’ means, the relevant occupational or work health and safety legislation in

the State in which the Site is situated; or if the Contractor is the Commonwealth or a Public

Authority, the Work Health and Safety Act 2011 (Cth) and associated Regulations.

Where any other applicable legislation imposes work health and safety obligations, this

legislation is taken to also fall within the definition of “WHS Legislation” for the purposes of

this Agreement.

‘WHS Requirements’ means the requirements contained in:

(a) the WHS Legislation;

(b) in any part of any Code of Practice, Guideline, National Standard and Australian Standard

which contains work health and safety requirements; and

(c) this Agreement.

(2) In this Agreement, unless it is stated to the contrary:

(a) words in the singular include the plural and vice versa;

(b) where a word or phrase is given a defined meaning in this Agreement, any other part of

speech or other grammatical form of that word or phrase has a corresponding meaning;

(c) a reference to any legislation includes any amendment or replacement and all

subordinate legislation;

(d) the words “includes” and “including” and any variants of those words, will be read as if

followed by the words “without limitation”;

(e) references to agree, approve or consent are references to agreement, approval or

consent (as the case may be) in writing; and

(f) a reference to $ is to Australian currency.

(3) Headings in this Agreement are for convenience only and do not affect the interpretation of any

provision of this Agreement.

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4. Works General

4.1. General

(1) The contractor will carry out the works during the term in accordance with;

a. Schedule Works and Services;

b. All documents listed in the Schedule;

c. The WHS requirements;

d. The Environmental requirements set out in the environmental report;

e. The Directions of the Project Manager from time to time;

f. The Industrial Requirements;

g. The Creek and road access requirements

h. All applicable policies, procedures and standards; and

i. The other requirements of this agreement; and

In cooperation and coordination with Tonkin and persons engaged by Tonkin at the site.

(2) Upon issue of the final certificate or at such a time as instructed by the Project

Manager, the contractor will remove its presence from the site in an orderly way and in

accordance with the provisions of this agreement.

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4.2. Site description and location

Brown Hill Creek is located between the confluence of Keswick Creek and ANZAC highway. This

section of the creek is approximately 3298.8m long and contains 7 vehicular bridges and 4

pedestrian bridges to consider in the design. Additionally several large arterial roads (South Road

and Marion Road) cross both the proposed culvert route as well as the creek and the effect this will

have on the design needs to be carefully considered.

Figure 1 below shows the proposed route for the culverts and the proposed locations for the

wetlands.

Figure 1 - Culvert and Wetland Location Map (Tonkin Consulting 2014)

4.2.1. Access

(1) Tonkin grants Prestige Worldwide a non-exclusive licence to enter on and remain at the

Site to carry out the Works during the Term.

(2) Prestige Worldwide exercises its rights under clause Access (1) above at its own risk.

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4.3. Site Amenities and Temporary Services

(1) Prestige Worldwide will provide temporary buildings and any other necessary amenities

including sanitary facilities and safety equipment for workers and other persons lawfully

allowed on site. All facilities and services provided need to comply with statutory

requirements and the requirement of local authorities.

(2) Prestige Worldwide will also provide all installation and payments for any temporary

services required during the period of the construction process. Prior to establishing a

site compound and temporary facilities, Prestige Worldwide shall obtain approval of the

location of these facilities from the Superintendent.

(3) At the time of practical completion, the Contractor will remove all temporary buildings

and services, and ensure the site is left in a clean and tidy condition.

(4) Publicity or advertising by the Contractor or his sub-contractors will not be permitted on

the works or site thereof unless authorised by the Superintendent and only in a form

approved by him / her.

4.4. Resources and Methodology

(1) The Contractor will:

a. Provide all things necessary to perform the works in accordance with this agreement

including plant and equipment, facilities, labour and materials; and

b. Ensure that the aforementioned items comply with this agreement

(2) Prestige Worldwide shall be responsible for all means and methods in performing the

Works and will ensure that they comply with this Agreement

4.5. Materials

(2) Unless otherwise specified in this Agreement, all materials used in the performance of

the Works:

a. Must be new, of the highest quality, be free from any defects and be fit for their

intended purpose; and

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b. Title therein shall be in Tonkin’s name on the earlier of when they are paid for by

Tonkin or are incorporated in any part of the Works.

(3) Should Tonkin provide any materials these must:

a. Be free of any defects or damage and be fit for the intended purpose; and

b. Be stored in a secure location and managed by the Contractor in a prudent and

reasonable manner, including being protected by the Contractor in such a way as to

prevent damage or deterioration.

(4) After Tonkin supplies any materials, Prestige Worldwide must:

a. Promptly perform all reasonable checks and tests on the materials supplies by

Tonkin (including any tests required by the Agreement); and

b. Notify the Project Manager within 7 days after the delivery of the materials supplied

by Tonkin if Prestige Worldwide considers that the incorporation of those materials

into the Works will not enable the Contractor to comply with the requirements of

the Agreement giving detailed reasons.

(5) Unless otherwise specified and subject to the provisions of the General conditions of

this contract; materials, plant, equipment or any other such items salvaged from the

site shall become the property of Prestige Worldwide and must be removed and

disposed of by Prestige Worldwide

4.6. Standard of Work

(1) The Works must be performed to the state standards or in accordance with the

standards subsequently directed by Notice from the Project Manager.

(2) In the event that the Project Manager gives Notice to the Contractor of standards to be

met by the Contractor which differs from those specified in the contract, the standards

specified by the Project Manager’s Notice shall prevail to the extent of any

inconsistency.

(3) The Project Manager's determination as to the quality and quantity of the Works shall

be final.

(4) The Contractor has the right to attend all examinations, inspections and measurements

of the Works.

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(5) The Contractor shall be represented on Site at all times by a person with the requisite

authority to accept Directions from the Project Manager when any part of the Works is

being executed. All work is to be carried out or supervised by experienced and qualified

Personnel.

4.7. Defects

(1) If Prestige Worldwide becomes aware of a Defect, it must advise the Project Manager as

soon as practicable.

(2) In the event of a Defect, the Project Manager may:

a. Direct Prestige Worldwide to rectify the Defect at the Contractor’s expense and

specify the time within which this must occur;

b. Advise the Contractor that Tonkin accepts the work as it is and reduce the Fee by an

amount which represents fair compensation to X for the existence of the Defect; or

(3) If Tonkin is required to engage others to rectify any a Defect because of the non-

compliance by Prestige Worldwide with a Direction under clause, the reasonable costs

incurred by Tonkin in doing so shall be a debt due from Prestige Worldwide to Tonkin

which may be deducted or recovered by Tonkin

4.8. Investigations

The Contractor hereby warrants that it has fully informed itself of all site conditions it may

reasonably expect to encounter when performing the Works by:

(1) Visiting the Site; and

(2) Conducting all reasonable geological investigations

4.9. Site Cleaning

(1) The Contractor must keep the Site and the Works clean and tidy and ensure that

rubbish and debris is regularly removed from the Site.

(2) The Contractor must remove, from the Site, all constructional plant, surplus materials,

rubbish and temporary works of every kind and must leave the Site, existing structures

and areas adjacent thereto in as good a state of repair as when the Works commenced

as stated in clause Materials (5)

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4.10. Care and Protection of property and Persons

(1) Prestige Worldwide must provide, erect and maintain all temporary works including

barricades, guards, fencing, temporary roadways, footpaths, signs and lighting and

anything else required by the relevant authorities or necessary for the protection of the

Works, people or property or for the safety and convenience of the public and others

including people who may use or occupy the Site and must remove such temporary

works when no longer required.

(2) Prestige Worldwide must avoid interference with, or damage to property on or adjacent

to the Site

(3) The Contractor shall protect and maintain all exiting services such as drains,

watercourses, public utilities or other services, to ensure the continuance of the service.

(4) If any services or adjacent areas and properties are damaged by the work process, they

will need to be repaired at the Contractor’s expense by the authority or person

responsible for the service.

4.11. Registration

Whenever any plant or equipment or any of the Personnel are required to be registered or licensed

or to hold any permit or certificate or any exemption certificate or other qualification, Prestige

Worldwide at its own expense must ensure that the legislation is complied with and proof thereof

must be produced to the Project Manager on request.

4.12. Sub-contractors

(1) The Contractor may engage any Subcontractor to carry out part of the Works with the

prior written consent of the Project Manager.

(2) All Subcontractors must be competent and appropriately accredited, qualified, licensed

and trained to undertake that part of the Works to be performed by them.

(3) Prestige Worldwide is responsible for all acts and omissions (whether negligent or

otherwise) of the Subcontractors.

4.13. Variation

(1) A Variation means any change to the Works including any addition, increase, decrease,

omission or deletion of any part of, or all of the Works pursuant to this Agreement.

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(2) A Variation may be initiated

(a) by the Project Manager (on behalf of Tonkin) to Prestige Worldwide, or

(b) by Prestige Worldwide to Tonkin.

(3) When the Contractor makes a Variation Request, the Contractor must, within 2 Business

Days of making the Variation Request, provide Tonkin with a Notice setting out:

(a) the cost or method of costing of the proposed Variation;

(b) any timing implications associated with the proposed Variation; and

(c) the reasons for the proposed Variation.

(4) Where Tonkin makes a Variation Request, Prestige Worldwide must, within 2 Business

Days of receiving the Variation Request advise Tonkin in writing of:

(a) the cost or method of costing of the proposed Variation; and

(b) any timing implications associated with the proposed Variation.

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5. Work Health and Safety

5.1. General

(1) In performing its obligations under this Agreement, the Contractor must comply with,

and ensure that all persons for whom it is responsible including its Associated Parties,

comply with:

(a) the WHS Legislation;

(b) the WHS Requirements; and

(c) any other work health and safety requirements set out in this Agreement.

(2) If the Contractor fails to comply with an obligation under this clause, Tonkin may

perform or have the obligation performed on the Contractor’s behalf and recover from

the Contractor the costs and expenses incurred as a debt.

(3) In the event that the Project Manager or a Tonkin representative discovers a non-

compliance with or breach of any WHS Requirement or the Rail Safety Legislation, the

Tonkin representative may immediately suspend the work associated with the non-

compliance or breach until the Project Manager (in his/her discretion) is satisfied that the

Site is made safe, the unsafe practice removed or the breach rectified. All direct costs

under this clause (1) will be borne by the Contractor.

5.2. Pre-work safety briefings

Without limiting the Contractor’s obligations as the Principal Contractor, the Contractor must

conduct pre-work safety briefings for all personnel on Site daily at the commencement of each shift

and whenever work conditions change. During the pre-work safety briefings, the Contractor must

discuss any Site-specific hazards and any Safe Work Method Statements associated with the work

activities scheduled during the day or shift.

5.3. Creek safety

(1) Safe working will be the responsibility of Prestige Worldwide

(2) If the Contractor fails to comply with an obligation under this clause Tonkin may

perform, or have performed the obligation on the Contractor’s behalf and recover from

the Contractor the costs and expenses incurred as a debt.

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5.4. Alcohol and drugs

(1) The Contractor must comply with Tonkins Alcohol and Drug Policy and ensure that all of

its Personnel involved in providing the Works are alcohol and drug free and cooperate

with Tonkin in administering the requirements of this clause.

(2) Tonkin or Prestige Worldwide may:

a. have any person on site or otherwise related to the creek upgrade tested by a

testing officer or the relevant State Police Service in accordance with the

applicable zero tolerance drug and alcohol policies; and

b. prohibit any person from carrying out work under this Agreement or have any

person removed from the Site if that person has tested positive to alcohol or

drugs.

5.5. Fatigue

(1) The Contractor must ensure that all of its Personnel involved in providing the Works:

a. do not works shifts in excess of 12 hours (including travel time of 1 hour); and

b. adhere to the shift pre-commencement rest provisions which include a

requirement to have a rest break of at least 10 hours prior to commencing on the

Site.

5.6. Safety equipment and clothing

(1) The Contractor must ensure that its Personnel, and anyone else for whom it is

responsible, upon entering the Site:

c. wear, in daylight hours, a high visibility orange shirt or orange vest; and

d. wear, in night time conditions and in conditions of poor visibility, an approved,

orange safe-working vest or shirt fitted with retro reflective strips in accordance

with Australian Standard AS 1906; and

e. wear a safety helmet, protective footwear, clothing, hearing and protective eye

equipment appropriate to the environment in which they are working or

entering.

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5.7. Audit

(1) Tonkin may conduct, at any time, an inspection and audit on all aspects of the

Contractor’s compliance with its WHS Requirements and the creek safety obligations

under this Agreement.

(2) The Contractor must make available, on request, all relevant records including those of

its Personnel during the audit process.

(3) The Contractor must at its own cost provide all reasonable assistance to Tonkins audit

team during the inspection and audit process including attendance by the Contractor.

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6. Time

6.1. Commencement, progress and completion

(1) Time is of the essence in the performance by Prestige Worldwide in carrying out the

creek upgrade

(2) The Contractor must:

(a) commence the Works on the Commencement Date;

(b) proceed with the Works with due expedition and without delay; and

(c) complete the Works by the Date for Practical Completion.

6.2. Extension of time

(1) If the Contractor considers that a delay in the progress of the Works is likely to occur as

a result of the occurrence of a Delaying Event, it must give Notice to Tonkin.

(2) A Notice under clause extension of time (1) must be given as soon as practicable after

the Contractor becoming aware of the possibility of a delay being caused by a Delaying

Event but no later than 2 Business Days after becoming aware of the occurrence of the

Delaying Event.

(3) The Notice must set out a description of the Delaying Event, the date of

commencement of the Delaying Event, and the nature, cause and likely extent of the

delay.

(4) Upon receipt of a Notice from the Contractor in compliance with clause extension of

time (1) to (3), the Project Manager must, within 14 days, consider the contents of the

Notice, and, if it agrees that a Delaying Event has occurred, grant an extension of time

that it reasonably considers is warranted as a result of the Delaying Event.

(5) A delay or failure by Tonkin to grant a reasonable, or any extension of time shall not

cause the Date for Practical Completion to be set at large.

(6) The Contractor must take all reasonable steps to minimise the effect of any Delaying

Event including, without limitation, the reallocation of resources and the

reprogramming of the Works.

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7. Fee

7.1. Fee

(1) Tonkin will pay the Contractor the Fee in accordance with and subject to this

Agreement.

(2) The Fee charged by Prestige Worldwide shall be inclusive of all expenses of the

Contractor, including costs for delivery, cost of all materials and plant, insurance, duties,

imposts and taxes.

7.2. Goods and services tax (GST)

(1) In this Agreement for the purposes of GST compliance ‘GST’ and all relevant terms

pertaining to the GST system have the meanings given to them by the A New Tax

System (Goods and Services Tax) Act 1999(Cth).

(2) If a party is required under this Agreement to reimburse or pay another party an

amount calculated by reference to a cost, expense or amount paid or incurred by that

other party, the reimbursement or payment will be limited to the total cost, expense or

amount less the amount of any input tax credit entitlement arising in respect of any

acquisition to which that cost, expense or amount relates.

(3) Any reference in this Agreement (other than in the calculation of consideration, or of

any indemnity, reimbursement or similar amount) to cost, expense or other similar

amount is a reference to that cost exclusive of GST.

7.3. Security

(1) The Contractor must, within 5 Business Days following the Commencement Date,

provide security in the amount and form set out in Schedule A

(2) The security must be unlimited as to time, irrevocable, unconditional and in a form

approved by Tonkin who may call upon the security to:

(a) satisfy any debt owed by the Contractor to Tonkin under this Agreement;

(b) ensure that any non-performance of or Defect in any of the Works by the

Contractor may be remedied.

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(3) If the Contractor does not comply Tonkin may withhold a portion of the moneys

otherwise due to the Contractor and treat such retentions as the required security until

the Contractor has provided the necessary security. This amount is set out in Schedule A

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8. Completion

8.1. Practical completion

(1) Prior to the Contractor seeking a certificate of Practical Completion it must ensure that:

(a) the following has been delivered to Tonkin:

(i) all original warranties relating to the upgrade

(ii) all notices, permits, approvals and certificates required to be obtained

from relevant authorities;

(iii) documents and other information required under this Agreement which, in

the opinion of the Principal, are essential for the use, operation and

maintenance of the Works

(b) the Contractor has:-

(i) complied with its obligations under this Agreement;

(ii) connected or reconnected all services relevant to the Works and the Site;

and

(iii) complied with all relevant aspects of the quality assurance system

including, but not limited to, having undertaken all final inspections and

testing of the Works required by that system.

(2) When the Contractor is of the opinion that the Works have reached the stage of

Practical Completion and the requirements of clause Practical completion (1) have been

met, the Contractor must advise the Project Manager in writing by issuing a Notice of

Practical Completion.

(3) Within 5 Business Days of receipt of the Notice of Practical Completion from the

Contractor, the Project Manager must respond with a practical completion issue

certificate or if Tonkin is not satisfied with the work notify Prestige Worldwide with

reasons for this

(4) This clause will continue to apply until the Project Manager issues a certificate under

clause

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8.2. Defects Liability Period

(1) Upon certification by the Project Manager that the Works have reached the stage of

Practical Completion, the Defects Liability Period shall commence.

(2) Subject to Tonkins rights at law, the Contractor must, during the Defects Liability Period:

(a) proceed to completion with all aspects of the Works;

(b) rectify at its own expense all Defects which exist at the commencement of the

Defects Liability Period or are notified in writing by the Project Manager during

the Defects Liability Period.

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9. Risk Management

9.1. Contractor’s Risks and Warranties

(1) The Contractor will bear the risk of:

(a) any loss of or damage to:

(i) the Works or a stage of the Works;

(ii) plant, equipment; and

(iii) any unfixed goods and materials (whether on or off Site), including

anything provided by Tonkin to the Contractor or brought onto Site by a

Subcontractor, used or to be used in carrying out the Works,

howsoever arising by reason of:

(iv) any act or omissions (whether negligent or otherwise) of the Contractor or

its Associated Parties;

(v) any breach of this Agreement by the Contractor; or

(vi) occupation of the Site by the Contractor or its Subcontractors;

(b) any industrial dispute, strike, lockout or other workforce disruptions.

(2) The above risks shall be borne by the Contractor as follows:

(a) in the case of loss of or damage to the Works or a stage of the Works, until a

certificate of practical completion is issued for the Works or a stage of the Works;

and

(b) after the issue of a certificate of practical completion for the Works, or a stage of

the Works, any loss of or damage to the Works or the stage of the Works arising

from any act or omission of the Contractor during the Defects Liability Period or

from an event which occurred prior to the issue of the certificate of practical

completion for the Works or any stage of the Works.

(3) The Contractor hereby warrants that it will at all times use Personnel that are suitably

qualified and experienced, and who will exercise due skill, care and diligence in the

execution and completion of the Works;

(4) The Contractor also warrants that it:

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(a) has, or will be able to, obtain all the necessary consents, permits or authorities

necessary in order for the Contractor to carry out the Works;

(b) has carefully examined the Contract Documents and there are no ambiguities or

discrepancies in the Contract Documents that will have a cost, timing or quality

impact on the Works;

(c) owns (or is otherwise entitled to use) the copyright or other intellectual property

in relation to the Works.

(d) if required by law, is a registered practitioner in their particular field of work

(within whatever category as is necessary so as to permit the Contractor to enter

into this Agreement);

(e) if required by law, carries the insurance required under the relevant legislation

9.2. Limitation of Liability

Subject to this agreement the Contractor’s liability to Tonkin in anyway arising out of or in

connection with this Agreement (including in contract, in tort, under statute or in equity) for the

respective heads of damage, shall be limited to the amount of insurance that the Contractor is

required to effect and maintain (whether or not such insurances were effected) for each head of

damage.

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10. Termination

(1) If either party commits a Performance Default (the ‘Defaulting Party’), the other party

may give a Notice requiring the Defaulting Party to remedy the breach within a stated

period, which must not be less than 5 Business Days, of receiving the Notice.

(2) If the Defaulting Party does not remedy the Performance Default in accordance with a

Notice issued the other party may proceed as if there had been a Termination Default.

(3) If either party commits a Termination Default, the other party may, by Notice,

immediately terminate this Agreement.

10.1. Accrued rights and Remedies

Termination of this Agreement does not affect the accrued rights and remedies of the parties.

10.2. Claims

The Contractor must give Notice of any Claim that it may have against Tonkin in relation to the

carrying out of the Works within 5 Business Days of becoming aware of any potential Claim (unless

the Claim is made under a clause of this contract which specifies a different time limit).

10.3. Settlement of Disputes

(1) The provisions contained in this clause shall apply to all Disputes that may arise

between the parties.

(2) A party with a Dispute shall, within 5 days of becoming aware of the Dispute, notify the

other party in writing of the Dispute setting out details of the Dispute.

(3) Within 5 Business Days of notification of the Dispute, the Project Manager and the

senior manager of the Contractor must meet to attempt to resolve the Dispute.

(4) No Dispute may be referred to litigation before the Project Manager and the senior

manager of the Contractor have met in good faith to attempt to resolve the Dispute.

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11. Miscellaneous

11.1. Notices

Every Notice required to be issued between the parties under this Agreement must be delivered,

sent or transmitted to the postal address, e-mail address or facsimile of the receiving party as

specified in the Contract Particulars and as notified from time to time.

11.2. Communication Generally

Every communication including a Notice that is sent by a party pursuant to any clause of this

Agreement will be deemed to be received as follows:

(1) If sent by post, on the second day after it was posted;

(2) If sent by e-mail, when the sender’s e-mail server records the message as having been

sent without error; and

(3) If sent by facsimile when the sender’s facsimile machine records that it was transmitted

without error.

11.3. Amendments and Assignment

Amendments to this Agreement can only be made by agreement between the parties and must be

recorded in writing and signed on behalf of both X and the Contractor.

11.4. Relationship

The relationship between the parties is that of independent contractors and not partners, joint

venturers or principal and agent.

11.5. Records

(1) The Contractor must establish and maintain detailed and accurate Records of its

correspondence, activities and performance associated with carrying out the Works in

accordance with the State Records Act of the jurisdiction and the Archives Act 1983

(Cth).

(2) The Records must be kept in a format reasonably accessible to, and able to be read and

interpreted by Tonkin.

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(3) At the end of the Term, the Contractor must provide a complete electronic set of the

Records to Tonkin

11.6. Confidentiality

The Contractor must keep this Agreement confidential and not disclose the terms of this Agreement

or any information relating to the Works to any person.

11.7. Schedule A: Fee

(1) The estimated cost of the upgrade to lower brown hill creek as presented in the

detailed design amounts to a total of:

$ 28,720,996.51

inclusive of GST at 10%.

(2) Detailed breakdown of costing is available in 11.9. Schedule C: Bill of Quantities.

(3) The contractor shall bear the security cost of 10% of the total amount.

11.8. Schedule B: Contracts and Technical Specification

11.8.1. Contract 1: Upgrades to Existing Creek

11.8.1.1. Precast concrete sections

Standards and references

(1) Standards and references used shall include latest revisions and amendments of the

following:

(a) AS/NZS 3725:2007 Design for installation of buried concrete pipes;

(b) AS 1597.1 – 2010 Precast reinforced concrete box culverts;

(c) AS 4678 Earth retaining structures;

(d) AS 3610 Formwork for concrete;

(e) AS 4058:2007 Precast and concrete pipes.

Precast manufacture

(1) Concrete used in manufacturing to comply with AS3600 with correct concrete strength

grade.

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(2) Reinforcement used in manufacturing to comply with AS 3600 with correct reinforcement

size.

(3) Culvert box shall both small and large shall comply with DPTI master specification with the

following:

(a) Shall comply with AS 1597;

(b) Have plain butt joints;

(c) Be inverted ‘U’ shape (base and crown type).

(4) All precast channels and culverts shall be produced as per shop drawing by

manufacturer/contractor in accordance with a Quality System certified to AS 9001.

(5) Contractor is responsible to ensure that precast structures are designed for construction

loadings.

(6) Shop drawings shall be approved by Professional engineer, structural/project engineer and

Resident engineer prior to production.

Precast tolerances

(1) Design tolerance shall comply with AS 3610, Table 3.4.2. Others not covered by Table 3.4.2.

shall comply with DPTI master specification Part 203, section 5.

Lifting points

(1) Lifting loops shall be integrated into precast sections and designed to the working/lifting

load of each section.

(2) All lifting points must not be made from reinforcement bars of the section superstructure.

(3) All lifting points shall be sealed with concrete and waterproofing primer after installation.

Installation

(1) Transport of precast section from precast plant to site shall comply with DPTI regulation for

oversize or over mass heavy vehicle. Escorting of heavy vehicles carrying oversize sections

may be required.

(2) Installation of culverts shall comply with manufacturer’s specification and recommendation.

(3) Section shall only be installed during manufacturer specified weather conditions.

(4) Cranes and lifting equipment shall comply with relevant regulations and standards.

Damage to precast concrete

(1) Damages shall be classified in accordance with AS 4058 Clause 3.4 “Workmanship and

Finish”

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(2) Damage assessment shall be in accordance with DPTI master specification Part 203 “Supply

of pipes and culverts” Table 3.2.

11.8.1.2. Public lighting

(1) Specifications of lighting shall comply with the following:

(a) SAPN, DPTI and relevant council requirements;

(b) AS 1158 Lighting for roads and public spaces set.

(2) The following documents shall be taken into consideration;

(a) NICC 402 Information on Network and public lighting design by an external contractor;

(b) NICC 403 Standard public lighting arrangements;

(c) NICC 451 Design and public lighting agreement document;

(d) TS 101 Public lighting standard for overhead and underground networks.

(3) Sufficient lighting shall be provided to ensure public areas are illuminated.

11.8.1.3. Natural waterway

Trash racks

(4) Installation of trash racks shall comply with manufacturer’s recommendation and specified

weather conditions.

11.8.1.4. Recreational facilities

(5) The contractor shall ensure that recreational facilities are installed according to

manufacturer’s recommendation.

11.8.1.5. Creek and road access

(6) The Contractor shall propose vehicular access routes, with additional access tracks along the

existing channel in drawings.

(7) The Contractor shall ensure the provision of safe ingress and egress of traffic from site to

public roads.

(8) Designated avoidance areas such as steep slopes, heritage sites and protected flora shall be

marked on in the field.

(9) Installation of temporary access gates and fencing shall follow site access strategy and

drawings.

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(10) Access tracks shall be free of protruding rocks, timber, holes, unevenness, stumps or stakes

which could restricts the progress of vehicles during construction.

(11) Branches and shall be removed up to 5 meters above tracks and road access to provide easy

vehicular access.

(12) All crossings, roads and tracks shall be preserved in good trafficable condition. When

damage is caused by activities of the contractor, reconstruction must be done to restore the

original state satisfactory to Prestige Worldwide at no cost.

11.8.1.6. Retaining walls

(1) All retaining wall structure shall be designed in accordance with Australian standard AS

4678.

(2) Installation shall comply with manufacturer’s instructions and recommendations specified

for retaining wall type.

(3) Assembly (if required) of retaining structures shall comply with manufacturer installation

instructions and requirements.

11.8.1.7. Cleaning of equipment

(1) Waste generated from the construction process must be prevented from entering the creek.

(2) Pumps, machinery and concrete mix trucks must not be washed along the creek, work site,

roadways or footpaths.

(3) Washing of the above mentioned shall only take place in designated areas.

11.8.2. Contract 2: Road and Culvert Installation

11.9.2.1. Precast concrete sections

(1) Refer to Contract 1: section 11.9.1.1. Precast concrete sections.

11.9.2.2. Maintenance Holes

(1) Specification of MH shall comply with SA Water standards and other applicable standards

such as:

a. AS 3972 Portland and blended cements;

b. AS 3735 Concrete structures for retaining liquids;

c. AS 3996Metal access covers, road grates and frames.

(2) Installation of precast MH shall comply with manufacturers’ recommendation.

(3) Joint must be sealed with joint sealing compounds provided by manufacturer.

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11.9.2.3. Backfill and compaction

(1) Effective side fill compaction shall require 0.3 meters clearance.

(2) Effective mechanical compaction shall require 0.6 meters clearance.

11.9.2.4. Cleaning of equipment

(1) Refer to Contract 1: section 11.9.1.9. Cleaning of equipment.

11.8.3. Contract 3: Traffic Management

11.8.3.1. Signage and equipment

(1) The contractor shall be responsible to ensure that temporary signage is provided along roads

affected by construction.

(2) All signage and equipment to comply with standards outlined by DPTI master specification

and AS 1724.

(3) Signage for temporary works should include:

(a) Detour arrow signs;

(b) Speed limit signs;

(c) Lane guidance signs;

(d) Road merge signs;

(e) Temporary pedestrian signs.

(4) The contractor shall be responsible for ensuring public safety for road users and pedestrians.

(5) Temporary pedestrian detour shall be for pedestrian crossings and pavements affected by

construction.

(6) Pedestrian detour must be designed to enable access for people with disabilities.

11.8.4. Contract 4: Earth and Civil Works

11.8.4.1. Site preparation

Site clearing

(1) Only areas designated and approved by the local council shall be cleared for works.

(2) Areas not affected by the project shall not be touched or used for project purposes.

Materials disposal

(1) The contractor shall ensure that unwanted materials are disposed of legally in

predetermined locations. Illegal disposal of materials may result in severe fines and damages

at the contractor’s expense.

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Tree protection

(1) Notice shall be given by the contractor for any proposed work done to existing trees, such as

trimming or removal, in the work area. Work shall only be carried out with approval and

instruction from the local council.

(2) All trees not specified for removal in the work area shall be protected during the

construction period.

(3) Trees damaged or removed as a result of error will be at the contractor’s expense.

(4) Tree markings and means of identification must be non-permanent, easily visible and

removable.

(5) Cost of treatment of trees will be included in the scope of work.

(6) Only minimal amount of vegetation shall be cleared to access areas along the banks of creek.

Existing services

(1) Existing service, such as sewers, water main etc, must be located through the service ‘Dial

before you dig’. Excavation works affected by existing services must be clearly identified by

marking or signs.

(2) Excavation using heavy machinery must not be used within 1 meter of identified services.

Pegs and survey marks

(1) The contractor shall be responsible for pegs and survey marks removed, disturbed or

damaged in the construction process and shall bear the cost of resurvey and replacement.

(2) The contractor shall immediately inform the Liason person in writing of any pegs removed,

disturbed or damaged.

11.8.4.2. Earthworks

Standards and references

(2) Standards and references used shall include latest revisions and amendments of the

following:

a. AS 1289 Methods of testing soils for engineering purposes;

b. AS 3725 Loads of buried and concrete pipes;

c. AS 3789 – 2007 Guidelines on earthworks for commercial and residential

developments.

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Excavation

(1) Excavation depths and limits for existing structures, properties, existing services, box

culverts, open channel, roads and footpaths shall be in accordance with approved shop

drawings.

(2) Road excavations shall comply with the following standards and references:

(a) DPTI master specification ‘Division 8: Road maintenance, section 5.9: Excavation or

Trenching by others’

(b) Australian standard AS 3798: Guidelines on earthworks for commercial and residential

developments.

Disposal

(1) Unwanted soil shall be disposed of legally at predetermined locations within the work area.

(2) Silty and dirty water shall not be discharged into stormwater drains, road side culverts or

into the existing creek.

(3) Rubbish and perishable materials shall be disposed of legally and removed from the work

area. Burning of rubbish or other materials is not permitted.

Protection of property and structures

(1) The Contractor shall maintain work areas/sites and protect from damage all existing

services, utilities, trees, walls, retaining walls, buildings, fences, bridges, property boundaries

and any other structure within the area of work at own expense.

(2) The Contractor shall give due notice in writing to property owners or councils that will be

affected by construction operations at least 48 hours before commencement of work.

(3) The Contractor shall be responsible for costs and damages caused to any person(s),

property, utility service or structure.

11.8.4.3. Road and pavement

Asphalt pavements

(1) Asphalt pavements shall comply with the following DPTI master specification:

(a) Part 228 “Construction of Asphalt Pavements”;

(b) Part 227 “Supply of Asphalt”;

(c) Part 226 “Application of Sprayed Bituminous Surfacing”.

Markings

(1) Pavement and road shall comply with “Pavement marking manual” from DPTI.

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(2) The Contractor shall replace all pavement markings, delineation and pavement bars which

were removed for the construction.

(3) Temporary delineation shall be provided until permanent pavement marking is in place.

11.9. Schedule C: Documents

11.9.1. Documents to be provided to the project manager

The Contractor shall provide the following documents to the Tonkin Project Manager before the

commencement of any Works.

- Proof of white card certification for each employee

- Proof of necessary skill certifications including date of expiry where available

- Document of acknowledgement stating project inductions for each employee have been

carried out

- Personal particulars of every employee (including medical conditions) in case of emergency

- Certificate for equipment operation ability where required

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Detailed Design: Upgrade to Lower Brown Hill Creek

Detailed Design: Upgrade to Lower Brown Hill Creek Costing

10thJune 2014

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Detailed Design: Upgrade to Lower Brown Hill Creek

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Prestige Worldwide Engineering

ABN: 12 34 56 789

Phone: (08) 8302 6611

Revision Description Author Reviewed Approved Date

A Bill of quantities JL AT JM 28/05/2014

B Bill of quantities JL AT JM 3/06/2014

1 Bill of quantities final JL AT JM 4/06/2014

Mawson Lakes Boulevard

Mawson Lakes South Australia

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Bill of Quantities

Contract 1 Upgrade to existing creek

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Prestige Worldwide Engineering

ABN: 12 34 56 789

Phone: (08) 8302 6611

Project name:

Name of contract:

Work description: Date: 4-Jun-14

Work Area Item Unit Quantity Rate (AUD) Total (AUD)

Retaining walls Gabion basket (2.1m x 0.9m x 0.9m with 3mm wire) No. 86.28 211.36 18,236.14

Gabion basket (2.1m x 0.825m x 0.825m with 3mm wire) No. 36.00 194.02 6,984.72

Concrete channel Concrete 40MPa (Patching) cum 20.00 174.00 3,480.00

Precast Rectangular channel 375.7m (2m x 4.2m) t 1733.00 550.00 953,150.00

Reinforcemebt bar (Open channel: T20 with 200mm spacing) t 3080.74 2,105.00 6,484,957.70

PVC liner: Du Pont - Xavan 0.85mm (or similar) sqm 10627.74 21.50 228,496.41

Natural waterway Clear site of light vegetation sqm 800.00 0.69 552.00

Revegetation sqm 700.00 12.00 8,400.00

Channel fencing Standard mesh fencing m 1000.00 83.00 83,000.00

Recreational

facilities

Bituminous asphalt concrete - 25mm thick on with 100mm

thick cement threated crushed base course sqm 3000.00 34.20 102,600.00

Crossing lines and road markings (100mm wide) m 200.00 1.80 360.00

Public and access toilets No. 2.00 2,465.00 4,930.00

Landscaping and revegetation sqm 4690.00 49.20 230,748.00

Bicycle stands (Single sided 1900mm long) No. 3.00 845.00 2,535.00

Stone finish electric BBQ pit No. 5.00 1,599.00 7,995.00

wall repairs, creek cleaning and graffiti removal, WSUD features,

wetland , safety devices

Upgrade to lower Brownhill creek

Contract 1 - Upgrade to existing creek

Channel section maintenance, work site ramps and access, retaining

Mawson Lakes Boulevard

Mawson Lakes South Australia 5095

Bill of Quantities

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Stone aggregate drinking fountain No. 3.00 1,273.00 3,819.00

Large colour steel playhouse No. 3.00 3,250.00 9,750.00

Double swing set No. 4.00 1,185.00 4,740.00

Outdoor fitness stations No. 2.00 4,347.00 8,694.00

Steel frame plaza table (1750 x 740mm wide, timbre slates) No. 6.00 1,220.00 7,320.00

Lighting - Bollard type path Point 24.00 1,245.00 29,880.00

Recycle centre - Perforated metal body, three inner bins and 2 outer binsNo. 2.00 2,345.00 4,690.00

Litter bin - Polyethylene, 115 litre No. 5.00 485.00 2,425.00

Dog park: chain linked fence sqm 400.00 38.00 15,200.00

WSUD features Wetland construction Ha 0.08 500,000.00 40,000.00

Graffiti removal Paint: Grey sqm 1820.00 13.15 23,933.00

Contamination net 3 Trash racks for open channel No. 1.00 215,000.00 215,000.00

ABMAT Silt fencing 770mm x 100m No. 4.00 82.99 331.96

Safety ABMAT Orange Barrier Mesh (1m x 50m) No. 4.00 68.95 275.80

Contingency (5%) 425,124.19

Total 8,927,607.92

Total inc GST 9,820,368.71

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Bill of Quantities

Contract 2 Road culvert box

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Prestige Worldwide Engineering

ABN: 12 34 56 789

Phone: (08) 8302 6611

Project name:

Name of contract:

Work description: Date: 4-Jun-14

Work item Item Unit Quantity Rate (AUD) Total (AUD)

Culvert boxes Precast box culvert 1.2m (section 1: 2.4m x 2.4m x 1000m) t 2151.36 550.00 1,183,248.00

Precast box culvert 1.2m (section 2: 1.8m x 2.1m x 100m) t 176.26 550.00 96,943.00

Precast box culvert 1.2m (section 3: 2.7m x 2.7m x 2000m) t 4821.12 550.00 2,651,616.00

Precast bends 12 sections (100m) t 176.26 550.00 96,943.00

Reinforcemebt bar (section 1: T20 with 200mm spacing) t 118.08 2,105.00 248,558.40

Reinforcemebt bar (section 2: T20 with 200mm spacing) t 9.59 2,105.00 20,186.95

Reinforcemebt bar (section 3: T20 with 200mm spacing) t 265.68 2,105.00 559,256.40

Reinforcement bar (bend sections: T20 with 200mm cc) t 9.59 2,105.00 20,186.95

Trench support installation (2.4 meters) m 8000.00 37.00 296,000.00

Lifting equipment hire (3 month) No. 2.00 9,000.00 18,000.00

Manhole access Precast manhole 1200 dia. Concrete base 2000mm deep No. 16.00 1,750.00 28,000.00

Heavy slab cover No. 16.00 660.00 10,560.00

Road pavement Marking paint (100mm wide) No. 2963.40 1.90 5,630.46

Number or Letter paint (300mm high) No. 50.00 5.45 272.50

Arrow paint (500 x 500mm) No. 24.00 25.60 614.40

Basecourse - Crushed rock 100mm thick sqm 6630.00 7.85 52,045.50

Prime and sprayed bitumen sealing (2 coats) sqm 6630.00 12.00 79,560.00

maintenance access, Roads.

Mawson Lakes Boulevard

Mawson Lakes South Australia 5095

Upgrade to lower Brownhill creekBill of Quantities Contract 2 - Road and culvert installation

Precast culverts, reinforcement bars and installation, manhole

Page 44: Detailed Design: Upgrade to Lower Brown Hill Creek · Detailed Design: Upgrade to Lower Brown Hill Creek Contracts Between: Tonkin Consulting ABN: 99 630 962 951 And Prestige Worldwide

Detailed Design: Upgrade to Lower Brown Hill Creek

Contingency (5%) 268,381.08

Total 5,636,002.64

Total inc GST 6,199,602.90

Page 45: Detailed Design: Upgrade to Lower Brown Hill Creek · Detailed Design: Upgrade to Lower Brown Hill Creek Contracts Between: Tonkin Consulting ABN: 99 630 962 951 And Prestige Worldwide

Detailed Design: Upgrade to Lower Brown Hill Creek

8

Bill of Quantities

Contract 3 Traffic management

Page 46: Detailed Design: Upgrade to Lower Brown Hill Creek · Detailed Design: Upgrade to Lower Brown Hill Creek Contracts Between: Tonkin Consulting ABN: 99 630 962 951 And Prestige Worldwide

Detailed Design: Upgrade to Lower Brown Hill Creek

9

Prestige Worldwide Engineering

ABN: 12 34 56 789

Phone: (08) 8302 6611

Project name:

Name of contract:

Work description: Date: 4-Jun-14

Work item Item Unit Quantity Rate (AUD) Total (AUD)

Culvert boxes Precast box culvert 1.2m (section 1: 2.4m x 2.4m x 1000m) t 2151.36 550.00 1,183,248.00

Precast box culvert 1.2m (section 2: 1.8m x 2.1m x 100m) t 176.26 550.00 96,943.00

Precast box culvert 1.2m (section 3: 2.7m x 2.7m x 2000m) t 4821.12 550.00 2,651,616.00

Precast bends 12 sections (100m) t 176.26 550.00 96,943.00

Reinforcemebt bar (section 1: T20 with 200mm spacing) t 118.08 2,105.00 248,558.40

Reinforcemebt bar (section 2: T20 with 200mm spacing) t 9.59 2,105.00 20,186.95

Reinforcemebt bar (section 3: T20 with 200mm spacing) t 265.68 2,105.00 559,256.40

Reinforcement bar (bend sections: T20 with 200mm cc) t 9.59 2,105.00 20,186.95

Trench support installation (2.4 meters) m 8000.00 37.00 296,000.00

Lifting equipment hire (3 month) No. 2.00 9,000.00 18,000.00

Manhole access Precast manhole 1200 dia. Concrete base 2000mm deep No. 16.00 1,750.00 28,000.00

Heavy slab cover No. 16.00 660.00 10,560.00

Road pavement Marking paint (100mm wide) No. 2963.40 1.90 5,630.46

Number or Letter paint (300mm high) No. 50.00 5.45 272.50

Arrow paint (500 x 500mm) No. 24.00 25.60 614.40

Basecourse - Crushed rock 100mm thick sqm 6630.00 7.85 52,045.50

Prime and sprayed bitumen sealing (2 coats) sqm 6630.00 12.00 79,560.00

maintenance access, Roads.

Mawson Lakes Boulevard

Mawson Lakes South Australia 5095

Upgrade to lower Brownhill creekBill of Quantities Contract 2 - Road and culvert installation

Precast culverts, reinforcement bars and installation, manhole

Page 47: Detailed Design: Upgrade to Lower Brown Hill Creek · Detailed Design: Upgrade to Lower Brown Hill Creek Contracts Between: Tonkin Consulting ABN: 99 630 962 951 And Prestige Worldwide

Detailed Design: Upgrade to Lower Brown Hill Creek

Sign: Clearance No. 2.00 115.00 230.00

Sign: Clear Way No. 2.00 115.00 230.00

Sign: Give Way No. 2.00 115.00 230.00

Sign: No Right Turn No. 8.00 115.00 920.00

Sign: No Left Turn No. 8.00 115.00 920.00

Sign: No Entry, No Right Turn and No Left Turn No. 8.00 115.00 920.00

Sign: Speed Limit No. 16.00 125.00 2,000.00

Sign: Road Merge Ahead No. 8.00 125.00 1,000.00

Paint: White litres 50.00 60.00 3,000.00

Paint: Yellow litres 20.00 60.00 1,200.00

Blue Ultramarine litres 10.00 80.00 800.00

Glass beads kg 10.00 40.00 400.00

Contingency (5%) 1,398.90

Total 29,376.90

Total inc GST 32,314.59

Temporary Road

Markings

Page 48: Detailed Design: Upgrade to Lower Brown Hill Creek · Detailed Design: Upgrade to Lower Brown Hill Creek Contracts Between: Tonkin Consulting ABN: 99 630 962 951 And Prestige Worldwide

Detailed Design: Upgrade to Lower Brown Hill Creek

11

Bill of Quantities

Contract 4 Earth and Civil works

Page 49: Detailed Design: Upgrade to Lower Brown Hill Creek · Detailed Design: Upgrade to Lower Brown Hill Creek Contracts Between: Tonkin Consulting ABN: 99 630 962 951 And Prestige Worldwide

Detailed Design: Upgrade to Lower Brown Hill Creek

12

Prestige Worldwide Engineering

ABN: 12 34 56 789

Phone: (08) 8302 6611

Project name:

Name of contract:

Work description: Date: 4-Jun-14

Work item Item Unit Quantity Rate (AUD) Total (AUD)Earthworks Clear site of light vegetation sqm 200.00 0.69 138.00

Contract 1: Excavation of site to reduced levels with back fillingcum 75.10 18.70 1,404.37

Contract 2: Excavation of trench with retaining sides cum 21886.50 59.20 1,295,680.80

Contract 2: Filling of excavated material cum 4122.00 20.00 82,440.00

Contract 2: Disposal of soil cum 23696.64 37.00 876,775.68

Pavement Crushed rock (100mm thick) sqm 6630.00 7.85 52,045.50

Prime and sprayed bitumen sealing (2 coats) sqm 6630.00 12.00 79,560.00

Hot bitumen concrete inc. track coat (25mm thick) sqm 6630.00 18.00 119,340.00

Fencing 25m Temporary fence (6 months) No. 3.00 450.00 1,350.00

Signs Sign: Danger Keep Out No. 8.00 115.00 920.00

Sign: Danger Deep Excavation No. 8.00 115.00 920.00

Sign: Danger Excavation in progress No. 8.00 115.00 920.00

Sign: Danger No Entry No. 8.00 115.00 920.00

Sign: Danger Keep Clear No. 8.00 115.00 920.00

Sign: Danger Confined Space Entery By Permit Only No. 8.00 115.00 920.00

Mawson Lakes Boulevard

Mawson Lakes South Australia 5095

Upgrade to lower Brownhill creekBill of Quantities Contract 4 - Earth and Civil works

Earthworks, Pavement repair and reconstruction, Signs

Page 50: Detailed Design: Upgrade to Lower Brown Hill Creek · Detailed Design: Upgrade to Lower Brown Hill Creek Contracts Between: Tonkin Consulting ABN: 99 630 962 951 And Prestige Worldwide

Detailed Design: Upgrade to Lower Brown Hill Creek

Contingency (5%) 125,712.72

Total 2,639,967.07

Total inc GST 2,903,963.77

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Detailed Design: Upgrade to Lower Brown Hill Creek

14

Bill of Quantities

Miscellaneous

Page 52: Detailed Design: Upgrade to Lower Brown Hill Creek · Detailed Design: Upgrade to Lower Brown Hill Creek Contracts Between: Tonkin Consulting ABN: 99 630 962 951 And Prestige Worldwide

Detailed Design: Upgrade to Lower Brown Hill Creek

15

Prestige Worldwide Engineering

ABN: 12 34 56 789

Phone: (08) 8302 6611

Project name:

Name of contract:

Work description: Date: 4-Jun-14

Work item Item Unit Quantity Rate (AUD) Total (AUD)Wage rates Building trade (6 months)

Labourer 6 mth 30 55,440.00 1,663,200.00

Painter 6 mth 20 57,024.00 1,140,480.00

Tradesman 6 mth 30 57,024.00 1,710,720.00

Mechanical Services (6 months)

Plumber 6 mth 20 66,000.00 1,320,000.00

Electrician 6 mth 20 66,000.00 1,320,000.00

Work site Site office, amenities and running cost No. 1 1,299,926.00 1,299,926.00

Contingency (5%) 422,716.30

Total 8,877,042.30

Total inc GST 9,764,746.53

Mawson Lakes Boulevard

Mawson Lakes South Australia 5095

Upgrade to lower Brownhill creekBill of Quantities Miscellaneous, Trade work

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Detailed Design: Upgrade to Lower Brown Hill Creek

16

Total cost

Prestige Worldwide Engineering

ABN: 12 34 56 789

Phone: (08) 8302 6611

Project name:

Name of contract:

Work description: Date: 4-Jun-14

S/N Description

1 Contract 1

2 Contract 2

3 Contract 3

4 Contract 4

5 Miscellaneous

6 Total cost

7 Total cost inc. GST 10%

26,109,996.82

28,720,996.51

Amount AUD

Mawson Lakes Boulevard

Mawson Lakes South Australia

Upgrade to lower Brownhill creekBill of Quantities Miscellaneous, Trade work

8,927,607.92

5,636,002.64

29,376.90

2,639,967.07

8,877,042.30