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TENDER FOR CONSULTANCY SERVICES

CASUARINA POOL MASTERPLAN

TENDER NUMBER: 2019/031

TENDER PROCESS: Dan OrianContracts AdministratorThe City Of DarwinTelephone: 08 8930 0695

EMAIL ADDRESS: [email protected]

TENDER CLOSING INFORMATION

TIME: 2.00pm CST Thursday 21 February 2019

LOCATION: All tenders for this Contract must be lodged through the City of Darwin electronic tender portal www.tenderlink.com/darwin

Document Date: 23 January 2019

mailto:[email protected]

http://www.tenderlink.com/darwin

2019/031 Casuarina Pool Masterplan

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Section 1

THE BRIEF


Casuarina Pool MasterPlan: Project BriefContents1. Client 2

2. Project Title 2

3. Project Background 2

4. Study Area 3

5. Strategic Direction 5

6. Community and Stakeholder Engagement 6

7. Current Issues 6

8. Project Aim 6

9. Objectives 7

10. Project Deliverables 7

11. Project Outcomes 8

12. Design Considerations 8

13. Project Timing 10

14. Reporting Requirements 11

15. Project Governance 11

16. Stakeholders 11

17. Available Supporting Documents 12

18. Project Budget 12

19. Selection Criteria 12

20. Submission Requirements 13

21. Assessment and Decision 13

22. Contract Conditions 14

23. Changes to the Brief 14

24. Media Liaison 14

25. Conflict of Interest 14

26. Further Information 15

27. Proposal Enquiries 15

28. Canvass Of Lord Mayor, Aldermen And Staff 15

29. Tender Lodgment 15

30. Confidentiality 15

31. Council’s Right to Vary the Process 15 32. Own Enquiries 15

2019/031 Casuarina Pool Master Plan

1. ClientCity of DarwinGPO Box 84Darwin NT 0801

2. Project Title

Casuarina Pool Master Plan

3. Project Background

City of Darwin owns and operates three community swimming pools – Nightcliff Pool, Casuarina Pool and Parap Pool.

Casuarina Pool is located at Lot 6249, Angelo Street, Wanguri. The land is zoned OR (Organised Recreation) and the area of the pool and surrounds is approximately 28,000 m2.

The complex opened in 1977 and comprises: Three bodies of water linked to the same filtration system. 50m, 2,000,000 litre, eight-lane pool, 1.2m deep at each end and 2m deep in

middle with part shade. Shaded 6m radius toddler pool. Shaded 20m, 0.3m-1m depth learn to swim pool. Extensive grassed surrounds, with dry play equipment, basketball half-court,

barbecue facilities, picnic tables and shade structures. Amenities block, office and kiosk. Separate clubroom building. Demountable control room. Residential home. Hydro-lift all-abilities access to the main pool. Bicycle parking. Over 110 on-site car parking spaces, plus delivery area.

Plant and Equipment: The filter system serves all three pools and is a sand pressurised system

controlled by hand operated butterfly valves. A Strantrol System 5 controller monitors PH levels, connected to an automated

acid dosing system. All circulation pumps are manually switched, with soft starters. The pool site has two automated pool vacuum cleaning machines.

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4. Study Area

Aerial View*orange line indicates area to be included in Master Plan

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The Casuarina Pool site is central to Darwin's major residential area and the extensive Casuarina Shopping Complex. It is also the closest swimming pool to the new Muirhead North/Lee Point housing development for up to 2,000 new residents.

Casuarina Pool is approximately 2km from the NT Government run free-entry Leanyer Recreation Park which also features large man-made lagoons, water slides, water features and picnic facilities.

The Casuarina Pool complex was designed and built in the 1970’s and is now outdated in terms of contemporary aquatic recreation facilities.

Current Usage

Casuarina Pool has provided local residents and visitors with aquatic recreation, competition and leisure opportunities for over 30 years.

City of Darwin Pools are operated by YMCA of the NT under a 5 year contract that commenced 1 January 2018. YMCA of the NT facilitates a range of programs and activities at the Casuarina Pool including:

Learn-to-swim classes school carnivals lifeguard training swim club squad training community pool parties aqua aerobics.

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Council pays YMCA of the NT a management fee for lifeguard services and all other operational costs. Building plant and equipment maintenance and utility costs remain the cost of Council.

Pool attendance and operating income over the past 5 years is as follows:

2013-14 2014-15 2015-16 2016-17 2017-1877,204 85,721 78,253 107,242* 77,981*$183,212 $202,972 $175,978 $211,578 $217,040

It should be noted that prior to 1 January 2018, Council retained all operational income from the pool. Under the current contract YMCA of the NT retains operational income.

It should also be noted that for the entire 2016-17 financial year, one of Council’s other pools was closed for re-development.

The club room is a separate building on the Casuarina Pool site and is occupied by Casuarina Storm Swimming Club under a lease arrangement. The current lease is for a period of 5 years with a renewal option for a further 5 years. Under a peppercorn arrangement, the rent is $1.00 per annum and the club pay all utility costs. The current lease expired on 31 December 2017 and is in holding over.

There is a demountable control room located next to the 50m pool. This is operated by Swimming Northern Territory.

Census Data

The 2016 census data indicated Casuarina Pool’s notional catchment (suburbs north of McMillan’s Road) population is 37,476.

Given its location, Casuarina Pool is well positioned to be the facility that delivers a family friendly facility. In the Leanyer-Lee Point demographic area over 78% of the population is under the age of 50. Twenty seven per cent of these are school aged children.

Approximately a quarter of schools in Darwin are located within a 5km radius of the pool site and the pool is frequently used by schools for learn to swim lessons and sports carnival competitions.

5. Strategic Direction

In October 2015, Council determined that the strategic direction for Casuarina Pool was to deliver a contemporary family aquatic and leisure facility.

In 2016, a community consultation process was held, in which the community and stakeholders provided feedback on the additional elements they would like to see at Casuarina Pool to enhance the family-friendly nature of the facility.

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The consultation established the following elements in order of priority to enhance the facility for family and leisure use:

Wet play area Shade Picnic/ BBQ facilities Dry playground Café Exercise equipment Group fitness classes Mobile food

6. Community and Stakeholder Engagement

The engagement process will be delivered in accordance with City of Darwin’s Community Engagement Policy 025. City of Darwin staff lead community consultation activities and the consultant will make themselves available to attend as required and provide supporting materials as required.

Stakeholders to be consulted during the project should include but will not necessarily be limited to those listed in Item 16.

7. Current Issues

The facility is 30 years old and existing infrastructure, buildings and equipment need upgrades.

The 50m pool shell has been problematic with regards to water leakage, therefore it would need to be established if any upgrades to the filtration and chlorination systems were feasible and appropriate in terms of economic rationale. A business case is required to determine if replacement or upgrade is the more viable option for this facility.

8. Project Aim

The aim of the project is to prepare a Master Plan to guide the future use, development and management of the Casuarina Pool site, including consideration of facilities and infrastructure required to achieve Council’s strategic direction of a contemporary family aquatic and leisure facility. The Master Plan must be based around the current and expected population in the area and community and stakeholder needs.

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9. Objectives

Develop a Master Plan that considers Feasibility assessment Business case development Stakeholder consultation Staged design options Site impact and utilisation incorporating:

o Planning and environmento Services and accesso Electrical and communications

Concept Design QS estimates Risk assessment

10. Project Deliverables

Consultant submissions are encouraged to outline a methodology that identifies recommended tasks and activities to address the overall project aims and objectives including but not limited to:

Feasibility AssessmentFeasibility Assessment report that includes the following:

Review of relevant background reports, studies, plans and other research (including existing usage data and population profiles).

Review of the existing site conditions, landscape, functionality, buildings and associated infrastructure.

Summarise issues, opportunities and possible development scenarios for the site as a whole.

Stakeholder Engagement Develop and implement agreed stakeholder engagement process. Ensure focus group meetings are scheduled with key internal and external

stakeholders Ensure community consultation outcomes are included in the design.

Draft Master plan Concept plan Staged elements Indicative cost estimates Draft master plan report.

Final Master Plan Update the draft Master Plan with agreed changes and prepare a final Master

Plan and report for Council endorsement. Prepare five bound hard copies of the Master Plan.

11. Project Outcomes

At the conclusion of this project, City of Darwin will have: A comprehensive Master Plan to guide the future use, development and

management of the Casuarina Pool site.7


High-quality illustrative outcomes, indicative facility Concept Plan for any new or major remodelled facilities and relevant precedent images for key infrastructure and facilities as appropriate.

A succinct written report to accompany the illustrated Master Plan that documents:

o background reference and research materialo the planning processo key outcomes, findings and recommendations.

A prioritised Implementation Plan inclusive of indicative cost estimates and responsibilities to guide future actions.

The scope of the project does not include specialist flora or fauna assessment, horticulturalist, geotechnical investigations, site survey, cultural heritage assessment, traffic management, engineering or detailed architectural designs beyond the Master Plan.

The consultant will be required to submit five bound copies of the Final Master Plan and Concept Design in full colour. An electronic copy of the final plans in PDF and MS Word formats will also be required. The Master Plan should be accurately dimensioned and scaled for later interpretation by others at the detailed design phase.

12. Design Considerations

The Casuarina Pool site is well suited to enhancement in terms of its available parkland space, and there is strong community support for Council’s strategic vision for Casuarina Pool to become a contemporary family aquatic and leisure facility.

There is an opportunity and desire from Council to create a vibrant and exciting family-friendly hub that intrinsically links the built forms to the Darwin environment.

The Master Plan must provide a concept for a facility that has an emphasis on fun activities, is functional and meets the health and recreational needs of the local community and visitors.

Darwin boasts a unique climate and the design should cater for seasonal variations and meet Council’s high standards for environmental sustainability, social participation, accessibility and community connectivity.The design should provide a choice of activities for all ages and abilities; consider pool water temperature, quality and depth; provide shade and screening throughout the complex; provide a place where people feel safe and their privacy and modesty are supported.The design will provide places to relax or to be active; places for the community to meet and to hold a function during or after-hours; places for youth to meet and be active; and a venue that is easy to park a car, secure a bike or a scooter.The design should consider commercial opportunities within the complex such as cafe/retail, crèche, indoor fitness centre and allied health space.

Desired ElementsThe Master Plan could offer a complete recreation hub with a range of new and innovative features not currently offered in the Darwin aquatic landscape. Elements may include but not limited to:

50m pool Graduated entry pool for toddlers

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Water play – including wave riding experience Dry play and spaces to be active – including climbing walls Fitness facilities Spectator seating for all bodies for water Upgraded office and staff work spaces Covered areas (not just shaded) PA system BBQ and picnic facilities Art and performance spaces Crèche Youth space Community rooms

During the project inception meeting, discussion will include budget parameters that should be considered when developing the Master Plan.

Universal DesignCouncil is committed to ensuring equitable access to its services, facilities and programs by people of all ages, gender and abilities. All design specifications should reflect universal design principles, with the aim of providing facilities that can be used by everyone, including people with a disability.Additional community recreational facilities including play equipment, seating and leisure elements should also take into consideration mobility and access needs.

Shaded AreasTo provide a sun-safe and amenable facility to the public, shade should be a key consideration in the design. Consideration should be given to providing the following:

a shade structure over the main pool surface area a shade structure over any secondary pool surface and/or wet play areas Natural shade throughout the facility to create places to relax and enjoy

informal recreation

Screening for neighbouring properties should also be an important consideration and lighting should be provided under shade structures where possible.

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External EnvironsThe redeveloped facility should be positioned as a welcoming community hub, offering a range of activities in addition to aquatic recreation. To achieve this vision, consideration must be given to supporting elements such as lighting, bike racks and water bubblers, while providing as much green space as possible.

Environmental SustainabilityThe Master Plan should take into consideration water and energy efficiency measures to ensure a sustainable development and reduced operating costs.Pool water heating, water loss through evaporation, shading, lighting, power supply and generation, systems, filtration, landscape design and species selection will all be important inclusions in the overall assessment to achieve the greatest levels of environmental sustainability.

Public ArtIn re-developing the Casuarina Pool complex, it is important to create a significant public place that connects the Darwin community. Opportunities for the incorporation of temporary and permanent public art in the facility design are highly desirable and should be considered in alignment with Council consultation mechanisms such as community engagement, the Public Art Panel and the Arts and Cultural Advisory Committee.

Design Codes and StandardsThe masterplan will be designed in accordance with the following minimum standards:

Guidelines for Safe Pool Operations (GSPO) - Royal Life Saving Society Australia (RLSSA)

National Construction Code and Building Code of Australia Community Safety Design Guide (CSDG) – NT Department of Lands and

Planning. Disability Discrimination Act 1992 Swimming Australia’s Facility Requirements for Levels of Provision – Regional

level. National Aquatic and Recreational Signage Style Manual Complies with the relevant NT Government planning criteria.

13. Project Timing

The project will be guided by the following estimated timeframes, to be confirmed at Project inception meeting:

Milestone Completion date1.Closing date for submissions 21 February 20192.Tender assessed and consultant appointed

11 March 2019

3.Project inception meeting Within 10 business days of appointment

4.Feasibility Assessment Report Within 30 business days of task 3

5.Stakeholder Engagement Within 15 business days of task 4

6.Deliver Draft Master Plan and Within 30 business

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Report days of task 57. Deliver Final Master Plan and Report

Within 20 business days of task 6

14. Reporting Requirements

The project consultant will be required to meet with the Project Manager at key stages throughout the project. The project consultant will also be required to provide a monthly written (email) update to the Project Manager regarding the current planning status and highlighting any planning or process issues that may impact on delivery of the project.

15. Project Governance

Council’s Project Manager and key contact will be Recreation and Leisure Coordinator who will provide day to day support, advice and guidance to the consultant. The Project Manager will work with internal stakeholders to provide input throughout the planning process.

16. Stakeholders

Stakeholders to be consulted during the project should include but will not necessarily be limited to:

Internal Elected Members City of Darwin Community and Regulatory Services City of Darwin Engineering and City Services

External YMCA of the NT Swimming NT Casuarina Storm Swimming Club Darwin Canoe Club Royal Life Saving Society NT Casuarina Square Youth Engagement Local schools Neighbouring residents Fitness Instructors Swim Dynamics NT Government

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17. Available Supporting Documents

City of Darwin Swimming Pools Strategic Directions Report – Mark Upson & Associates Leisure Facilities Management and Planning, October 2015

Casuarina Swimming Pool Contemporary Family Aquatic and Leisure Elements – Mark Upson & Associates Leisure Facilities Management and Planning, 15 February 2017

Community Engagement findings, January 2017 Evolving Darwin Towards 2020 Strategic Plan Municipal Plan 2018-19 Community Wellbeing Plan Council Policy 46 - Recreation & Healthy Lifestyle Council Policy 008 - Access & Inclusion Council Policy 59 - Climate Change Swimming Australia facilities requirements for levels of provision

18. Project Budget

The consultant must agree to a fixed fee for carrying out the entire project. This must include all sub-consultant fees, meeting times, travelling and related expenses. The consultant must submit a schedule of payments. Claims for additional disbursements or other fees will not be approved unless formally agreed as a variation to the original scope of works. Any such variations must be agreed in writing prior to implementation.

The indicative expected budget range for the Master Plan project is $80,000-$100,000.

19. Selection Criteria

The following criteria will be used to assess submissions from consultants: Overall response to the project brief Local content. Relevant experience completing projects of a similar nature in the aquatic and

recreation industry. It is anticipated supporting disciplines required to deliver the scope of works may include but not limited to:

o Registered Architect (with experience in recreation and aquatic facilities)o Registered Landscape Architecto Planning and land use planningo Recreation Planner

Project methodology including references from other Master Plans produced for aquatic facilities

Total fees

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PERFORMANCE

MEASURES

(delete those

measures that don’t

apply)

RELATIVE CRITERIA

WEI

GH

TIN

G

COMMENTS

How will each criteria be determined – from the

Forms of Tender or References (tick column)

State what is required / or how performance can be measured for

assessment

F R %

PRICE Total Fees ✔ 20% Total fees

LOCAL CONTENT

MANDATORY

Local Content ✔20%

Evidence shown of local industry participation including local workers

and supplies. Track record of supporting local community.

TECHNICAL

EXPERIENCE

Previous experience completing projects of

similar nature in aquatic and recreation

industry.

✔ 30% Experience completing projects of similar nature and working

within the Aquatic and Recreation industry, including having

valuable networks and contacts across the sector nationally.

List of key personnel including qualifications and experience.

QUALITY Business proposal detailing programs and

references from other masterplans

produced for Aquatic and/or Recreation

facilities.

✔ ✔ 30% Experience in delivering innovative solutions to upgrade Aquatic

facilities.

Understanding of requirements of the project.

100%

20. Submission Requirements

Submissions should address the project brief and must include the following as a minimum:

An interpretation of the understanding of the requirements of the project. List of key personnel, including qualifications and experience of each person

likely to be involved and estimated allocation of their time. A description of the approaches and methodologies that will be used. Provide a Gantt Chart of indicative timeframes for each project component and

key milestone stages. Evidence of local industry participation including any local workers, supplies

and support provided to the local community. Local consortiums are encouraged to provide submissions.

Relevant experience of the organisation in delivering similar projects in the aquatic and recreation industry.

A breakdown of the total fixed fees for the project. Evidence of insurance cover to the value of $20,000,000 for public liability and

$2,000,000 for professional indemnity. Name and contact phone numbers of at least two referees from similar projects

undertaken whom City of Darwin may contact.

21. Assessment and DecisionTENDER submissions will be assessed by a panel comprising members of Council’s staff.

The decision on the selection of proposals for the shortlist as part of the Stage 2 selected tender process may be determined by Council. City of Darwin reserves the

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right to shortlist any or no applicants, and to vary the process outlined in this document at its discretion.

22. Contract Conditions

Services General Conditions of Contract for engagement of consultants will apply.

Rights to ownership of all documents including intellectual property rights will be vested in the City of Darwin. The consultant must ensure that any person, including employees, agents and sub- contractors, engaged by it in the provision of this service agrees to assign to Council all the property and copyright of the contract material.

23. Changes to the Brief

The consultant shall make every endeavour to carry out the requirements of this brief within the specified time frame with professional responsibility. Should either City of Darwin or the consultant find it necessary to seek changes to the arrangements specified in this brief, both parties are to consult at the earliest possible convenience in order to discuss such matters fully with a view to reaching a mutually satisfactory position.

24. Media Liaison

The consultant shall not be permitted to discuss this project or any associated issues with the media and will be required to direct any media enquiries to Council's Project Manager for referral to Council’s media department.

25. Conflict of Interest

The consultant warrants that it does not hold any office or possess any property, is not engaged in any business, trade or calling and does not have any obligations by virtue of any contract whereby, directly or indirectly, duties or interests are or might be created in conflict with or might appear to be created in conflict with its duties and interests under this Contract.

The consultant shall inform Council of any matter that may give rise to an actual or potential conflict of interest at any time during the term of the Contract. Council may regard a conflict of interest as a breach of a fundamental term of this Contract and may elect to terminate the Contract under the provisions of the General Conditions of Contract

26. Further Information

For further information please contact: Clare BeachamRecreation and Leisure CoordinatorCity of DarwinPhone: 08 8930 0404Email: [email protected]

27. Proposal Enquiries

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Any enquiries relating to this Tender Proposal during the Tender Period should be referred to the Contract Administrator in writing to [email protected] or telephone (08) 8930 0631.

28. Canvass Of Lord Mayor, Aldermen And Staff

Any Tenderer or agent acting on his behalf, canvassing the Lord Mayor, Aldermen or City of Darwin staff with respect to the preparation, lodgement or assessment of their tender shall have that tender automatically disqualified and rejected.

29. Tender Lodgement

All tenders for this Contract must be lodged through the City of Darwin electronic tender portal www.tenderlink.com/darwin

The Consultant is to provide an electronic copy and two (2) hard copies of their submission.

30. Confidentiality

All information provided to the Consultant shall be treated as confidential. All documentation provided by Council or to Council by the Consultant as part of this Consultancy shall become the property of Council.

31. Council’s Right to Vary the ProcessCouncil reserves the right at any stage to amend, vary, discontinue or supplement the process set out in this TENDER package.

32. Own EnquiriesAll financial or other information contained in this Information Memorandum or any Attachment is for the assistance of Registrants, but no representation or warranty in respect of that material or by any other means made by on behalf or the Council (and/or it’s agents) is binding on Council (and/or it’s agents) or actionable by the Registrant.Registrants are required to obtain their own legal, financial or other advice and to make their own enquiries in relation to the information contained in this Information Memorandum and the Attachments.

No responsibility is accepted by Council (and/or its agents) as to the accuracy of any such financial or other information or for the omission of any relevant information.

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ATTACHMENT 1

CONDITIONS OF TENDERING

Registrants must submit all the information sought in the Tender Package. Tenders will not be considered unless the following mandatory requirements are complied with:

1. TENDER LODGEMENT


2. NO CANVASSING

Canvassing of Council Officers or Elected Members of Council is not permitted and could result in the Proposal being disqualified.

3. TENDER PACKAGE

If in any doubt as to the true meaning of any of the information or TENDER documents comprised in the TENDER Package, or if any provision, description or other matter is considered to be contradictory or inconsistent with any other provision, description or other matter, Registrants must immediately notify Council.

The City of Darwin will consider all requests for clarification, and determine whether or not to provide any interpretation of the documentation upon which clarification has been sought. Any interpretation of the documentation comprising this TENDER will be made only by formal Addendum to the TENDER documents, and will be transmitted to all prospective Registrants who are registered as having been issued with the TENDER Package.

4. COPYRIGHT

The TENDER Package must not be copied for use by other persons. If unauthorised copies of the TENDER Package are made, the City of Darwin takes no responsibility for failure to provide any Addenda to persons in receipt of unauthorised copies of the TENDER Package.

5. CONFIDENTIALITY

The City of Darwin will endeavour to respect the confidentiality of submissions and will not disclose them to the public except where the disclosure is permitted or required by law.

In deciding whether or not to disclose TENDER submissions requested under FOI legislation, Council will ensure that the FOI officer receives advice from a legal practitioner.

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All Registrants will be required to maintain confidentiality with respect to their own competing submissions, and will not be permitted to advance their own bids via the media without the prior written approval of Council.

6. TENDER PROPOSAL EVALUATION PROCESS

The City of Darwin will evaluate the TENDERs according to the information sought in the TENDER Package and as provided by the Registrant.

Registrants may be shortlisted for further consideration. Further information to substantiate Proposal submissions may be requested. This process is not to be construed as an opportunity to amend a Proposal.

A Registrant shall not take a request for information as an indication that their TENDER will be successful.

7. TAILOR TENDER SUBMISSIONS

Registrants are encouraged to tailor their submissions according to the TENDER evaluation criteria. To assist with evaluation, the TENDER submission should be based on the same topics and set out in the same order as the topics in this Package.

8. DECLARE CONFLICT OF INTEREST

Registrants must declare any conflict of interest that may detrimentally affect or be perceived to detrimentally affect the Registrant’s (or agent’s) relationship with Council (or Council’s members) at the time of submitting the TENDER.

9. TENDER CLOSING

The TENDER closes at the time and date on the front cover of this TENDER Package.


10. AMENDMENTS TO TENDER PACKAGE

If for any reason Council requires any amendment to the TENDER Package, this will be undertaken by way of Addendum issued to all those who received the TENDER Package.

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ATTACHMENT 2TENDER FORM

Chief Executive OfficerThe City of DarwinGPO Box 84DARWIN NT 0801

I / We, the undersigned, do hereby declare that I / we have examined and acquired an actual knowledge of this Tender Proposal for 2019/031 Casuarina Pool Master Plan.

Title and Name

On behalf of

(full name of firm / Individual)

Business / Trading Name

ABN / BN / ACN

Name of Proprietor/s

Postal Address

Email Address

Telephone

Facsimile

I/we the undersigned do hereby make an Tender Proposal for 2019/031 Casuarina Pool Master Plan and herewith offer a proposal for the sum of :

In words: including GST

In figures: $ including GST

I/we the undersigned do hereby make an Tender Proposal for 2019/031 Casuarina Pool Master Plan

In words: per annum including GST

In figures: $ per annum including GST

Signature Date

Witness Signature Date

Name of Witness

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Section 2

GENERAL CONDITIONSFOR

ENGAGEMENT OF CONSULTANTS

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GENERAL CONDITIONS FOR ENGAGEMENT OF CONSULTANTS

TABLE OF CONTENTS

1 INTERPRETATION

2 THE ENGAGEMENT

3 ROLE OF CONSULTANT3.1 Professional Standard of Care3.2 Professional Duty of Independent Judgement3.3 Knowledge of Client Requirements3.4 Notice of Matters Likely to Change Scope or Timing of Services

4 NOTICES4.1 Address4.2 Effective Date of Service

5 TRANSFER OR ASSIGNMENT

6 SUBLETTING

7 VARIATIONS

8 TERMINATION, SUSPENSION AND DEFERMENT OF THE CONTRACT8.1 Termination8.2 Fee Entitlement upon Termination8.3 Change in Constitution of Consultant8.4 Incapacitation of Consultant8.5 Suspension and Deferment

9 DOCUMENTS9.1 Ownership and Custody9.2 Warranty and Indemnity9.3 Intellectual Property in Material Supplied by Principal9.4 Patents

10 RESPONSIBILITIES AND OBLIGATIONS OF THE CONSULTANT

11 CONFLICT OF INTEREST

12 CONFIDENTIALITY AND PUBLICITY

13 RESPONSIBILITIES AND OBLIGATIONS OF THE PRINCIPAL

14 DIRECTIONS BY THE PRINCIPAL

15 PRINCIPAL’S AND CONSULTANT’S REPRESENTATIVE15.1 Principal’s Representative15.2 Consultant’s Representative

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16 SERVICES AND DUTIES16.1 Program16.2 Compliance with Laws16.3 Checking, Signing and Certification16.4 Corrections16.5 Project Cost Control16.6 Review of Work by Others16.7 Quality Assurance

17 SETTLEMENT OF DISPUTES17.1 Continuation of Work during Disputes17.2 Procedures for Resolution of Disputes

18 FEE AND PAYMENT18.1 Payment18.2 Percentage Fee18.3 Lump Sum Fee18.4 Time Charge Fee18.5 Disbursements and Expenses

19 INSURANCE19.1 Professional Indemnity19.2 On Site Public Liability19.3 Insurance of Documents19.4 Employees and Agents

20 GOVERNING LAW AND JURISDICTION

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1 INTERPRETATION

1.1 In these General Conditions, unless the context otherwise requires:

Brief means all information describing the functional, operational, qualitative, quantitative, time and cost requirements in respect of the Services and other supporting information provided by the Principal from time to time.

Consultant means the person named in the Annexure who is bound to provide the Services as a Primary Consultant or a Specialist Consultant and in the case of a corporation or trustee, its successors and permitted assigns.

Contract means the agreement between the Principal and the Consultant concerning the execution of the work under the contract.

Direction means any agreement, approval, authorisation, certificate, decision, demand, determination, explanation, instruction, notice, order, permission, rejection, request or requirement which the Principal may make, give or issue pursuant to the provisions of the Contract.

Documents means all material stored by any means and produced or used by the Consultant which is relevant to the performance by the Consultant of the Services including drawings and specifications, sketches, plans, designs, estimates, calculations, reports, models, computer source codes, articles, equipment, information files and data and any direction or agreement recorded in writing modifying or clarifying any matter relating to the Contract.

Drawings and Specifications includes any drawings and specifications produced by the Consultant for the purposes of the Project.

Intellectual Property means all copyright, patents and all rights in relation to inventions, registered and unregistered trademarks (including service marks) and registered designs.

Law includes common or customary law, equity, judgement, legislation, order, regulation, statute, by-law, ordinance or any other legislative or regulatory measure in each case of any jurisdiction whatsoever and includes any amendment modification or re-enactment of them (and lawful and ‘unlawful’ shall be construed accordingly).

Letter of Engagement means the letter and any accompanying documentation sent to the Consultant by the Principal advising of the Consultant’s engagement to provide the Services to the Principal and includes these General Conditions and the Annexure.

Primary Consultant means the Consultant responsible for providing the Services including the work to be undertaken by the Consultant in co-ordinating and integrating the work of Specialist Consultants.Principal means the person or body named as Principal in the Annexure.

Project means the specific job or undertaking stated in the Annexure in respect of which the Consultant is engaged to provide the Services.

Services means all services which the Consultant is required to provide to the Principal in accordance with the Contract and includes all variations and remedial work.

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Specialist Consultant means the consultant responsible for performing any part of the Services beyond that provided by the primary consultant and who is engaged by the Principal to provide specialist knowledge and skills beyond or in addition to those provided by the Primary Consultant.

Sub-consultant means any person responsible for performing the Services as a sub-consultant engaged by the Primary Consultant or Specialist Consultant to carry out a part of the Services for the Primary Consultant.

Where two or more persons are named as a party to this Contract, the terms, conditions and warranties of this Contract shall bind all such persons jointly and each of them severally and they shall be jointly and severally entitled to the benefits and rights conferred by this Contract.

Clause headings shall not be used in the interpretation of these Conditions.

Words in the singular include the plural and words in the plural include the singular according to the requirements of the context.

Words importing a gender include every gender.

A reference to persons includes Corporations.

2 THE ENGAGEMENT

2.1 The Contract shall have regard to the following -

AS 4120 - Code of tendering.AS 4121 - Code of ethics and procedures for the selection of consultants.the Code of Practice of the relevant professional peak body commence on the date specified in the Letter of Engagement;be governed by and construed with reference to the laws for the time being in force in the State or Territory named in the Annexure; andbe constituted by -the Principal’s invitation to submit a proposal;the Consultant’s proposal;the Letter of Engagement;these General Conditions;the Brief; andany other documents listed in the Schedule of Documents in the Annexure.

The Principal shall engage the Consultant either as a Primary Consultant or as a Specialist Consultant as stated in the Annexure.

3 ROLE OF CONSULTANT

3.1 Professional Standard of Care

In performing the services, the consultant shall exercise the degree of skill, care and diligence normally exercised by members of the engineering profession performing services of a similar nature, in accordance with the ethics of the appropriate profession.

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3.2 Professional Duty of Independent Judgement

If the Consultant is required to exercise his professional judgement between the Client and a third party with whom the Client has a contract, then he shall do so independently and as required by the terms of that contract.

3.3 Knowledge of Client Requirements

The Consultant shall use all reasonable efforts to inform himself of the Client’s requirements for the Project and for that purpose he shall consult the Client throughout the performance of the Services.

3.4 Notice of Matters Likely to Change Scope or Timing of Services

If the Consultant becomes aware of any matter which will change or which has changed the scope or timing of the Services then he will give notice to the Client and the notice will contain, as far as practicable in the circumstances, particulars of the change.

4 NOTICES

4.1 Address

Where any notice, direction, request or other communications is to be given in writing pursuant to this Contract, service thereof shall be effected by its delivery by hand or facsimile or being sent by prepaid post as follows:

If given by the Consultant, signed by the Consultant and addressed to the Principal at the address set out in the Annexure as the address for service of the Principal or as otherwise notified in writing by the Principal.If given by the Principal, signed by the Principal and addressed to the Consultant at the address set out in the Annexure as the address for service of the Consultant or as otherwise notified in writing by the Consultant.

4.2 Service of Notice

Service of any notice, direction, request or other communication pursuant to Clause 4.1 shall be deemed to have been given or made when -

Delivered by hand, at the time of the delivery;Posted as provided under Clause 4.1, two (2) working days after the posting of the notice, direction, request or other communication; orDelivered by facsimile transmission, on production of a transmission report by the machine from which the notice was sent indicating that the notice sent by facsimile was received in its entirety at the recipient’s facsimile number.

5 TRANSFER OR ASSIGNMENT

The Consultant shall not, without the prior written approval of the Principal and except on such terms and conditions as are determined in writing by the Principal, transfer, assign, mortgage, charge or encumber all or any part of the services or any benefit or monies or interest there under.

6 SUBLETTING

Unless specifically provided for in the Contract, the Consultant shall not sublet any part of the services without the prior written approval of the Principal.

Any approval by the Principal to engage a Sub-consultant for any part of the services shall not relieve the Consultant from any of it’s liabilities under the Contract. The Consultant shall be fully

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liable to the Principal for the work of the Sub-consultant or any employee or agent of the Sub-consultant.

7 VARIATIONS

The Principal may, by written notice during the currency of the Contract, direct or permit the Consultant to vary the scope of the services including the program required pursuant to Clause 16.1 and, subject to mutual agreement and without prejudice to the Contract, the Consultant shall be bound to comply with such notice. Any resultant adjustment to the fee payable to the Consultant shall be negotiated and agreed by the parties and failing agreement, shall be determined by consultation with an independent expert such as the relevant professional peak body.

8 TERMINATION, SUSPENSION AND DEFERMENT OF THE CONTRACT

8.1 Termination

The Contract may be terminated at any time by mutual agreement between the Principal and the Consultant or by either party giving written notice to the other party. Termination shall be without prejudice to any claim which either party may have against the other arising out of any negligent act or omission prior to the date of termination.

Upon termination, the Consultant shall provide the Principal with all documents produced up to the date of termination regardless of their stage of completion.

8.2 Fee Entitlement Upon Termination

If the Principal terminates the Contract for any reason other than default by the Consultant, the Principal shall pay to the Consultant a fair and reasonable fee for the services provided as at the date of termination together with reimbursement for any expenses reasonably incurred by the Consultant in contemplation of its carrying out the balance of the services.

Should the term of the contract thus reduced fall into a term attracting an agreed higher rate, and included in the schedule, such higher rate, but not exceeding 10%, shall be paid for the reduced period.

If the Principal terminates the Contract as a result of default by the Consultant or the Consultant terminates the Contract for any reason other than default by the Principal, the Consultant shall be liable for any extra cost incurred by the Principal in obtaining completion of any unfinished services.

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8.3 Change in Constitution of Consultant or Principal

Where the financial position of the Consultant materially changes or where the Consultant, being a partnership, company, consortium or other composite body, undergoes a change in its structure which shall, in the opinion of the Principal, limit the capacity of the Consultant to provide the Services, or precludes the Consultant from providing the Services in accordance with the Contract, the Principal may terminate the Contract.

Where the financial position of the Principal materially changes or where the Principal undergoes a change in it’s structure which in the opinion of the Consultant limits the capacity of the Principal to perform or precludes the Principal from meetings it’s obligations under the Contract, the Consultant may terminate the Contract.

8.4 Incapacitation of Consultant

Where the Consultant, due to circumstances beyond his control such as retirement, death, physical or mental injury, is in the opinion of the Principal rendered incapable of completing the work under the Contract, the Principal may terminate the Contract without prejudice to the accrued rights of either party in relation to the other.

Where a temporary incapacity of the Consultant occurs and a written confirmation by a registered medical practitioner to that effect is presented, the Principal may extend the term of the contract if such extension is not prejudicial to the work outcome of the contract.

8.5 Suspension and Deferment

The Principal may, at any time by written notice to the Consultant, suspend or defer all or any part of the services. Upon such suspension or deferment, the Consultant shall be entitled to payment of those fees and expenses which have been properly incurred under the Contract up to the effective date of suspension or deferment.

9 DOCUMENTS

9.1 Ownership and Custody

The property in all documents produced under the Contract, including title thereto and all Intellectual Property therein, shall vest upon their creation in the Principal. Upon completion of the services, the Consultant shall deliver to the Principal the originals and all copies and reproductions of all documents required by the Principal.

The Principal may re-use the documents prepared by the Consultant under the Contract without payment or any additional fee or royalty to the Consultant provided that:

The Consultant’s name is eliminated from the documentsNo costs or charges are borne by the Consultant, andThe Consultant is indemnified by the Principal against any liability for loss or damage resulting from any error or omission in the documents with respect to any such reuse of documents.

Unless otherwise instructed by the Principal, all manuals, standard drawings, computer programmes and other documents supplied to the Consultant for reproduction or guidance during the course of the Contract shall be returned to the Principal by the Consultant upon termination or completion of the Contract.

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9.2 Warranty and Indemnity

The Consultant warrants that any Intellectual Property embodied in or used in connection with the services is the sole property of the Consultant or the Consultant is legally entitled to use same for the performance of the services.

The Consultant shall indemnify and at all times keep the Principal indemnified against any action, claim, suit or demand, including a claim, suit or demand for or liability to pay compensation or damages and costs or expenses associated therewith:

Under part VII of the Copyright Act 1968 or Part XIV of the Patents Act 1952 in respect of the use or exercise of any letters patent or copyright; or

For any infringement or alleged infringement of letters patent, trademark, design, copyright or other protected rights; in respect of any equipment, software, machinery, plant, material or thing, system or method of using, fixing, working or arrangements used or fixed or supplied by the Consultant (hereinafter collectively referred to as “the equipment”) but such indemnity shall not cover any use of any of the equipment otherwise than in accordance with the Contract.

9.3 Intellectual Property in Material Supplied by Principal

Intellectual Property in all manuals, standard drawings, computer programs and other information supplied to the Consultant for reproduction or guidance in relation to the services remains vested in the Principal. This information may not be used or reproduced for any other purpose without the prior written approval of the Principal.

9.4 Patents

Without limiting the generality of Clause 9.1, any patentable inventions or processes arising in the course of, or out of the Contract are the property of the Principal and the Consultant will on demand execute such notices, waivers or assignments as may be necessary to enable the Principal to register patents.

If any analysis, design, process or construction proposed by the Consultant involves, or might involve, the payment of royalties, fees or license fees, the Consultant shall notify the Principal in writing. Unless the Principal approves in writing of the proposal, the Consultant shall amend its proposal so that such payments are avoided.

Where any document, procedure, design or patentable work is produced as a consequence of an original and unique concept of the Consultant, the Principal may agree that the copyright or patent may vest in the Consultant or be vested jointly in the Consultant and the Principal on agreed terms.

10 RESPONSIBILITIES AND OBLIGATIONS OF THE CONSULTANT

The Principal will rely on the Consultant to provide a technically sufficient professional service with all due skill, care and diligence. The Consultant shall:

Provide all professional advice and skills which are normally required for the class of services which it has agreed to provide under the Contract;Remain fully responsible for all work undertaken by the Consultant regardless of any review or acceptance of that work by the Principal; provided the Principal has not given the consultant specific direction in writing to proceed with work which the consultant considers and has advised the Principal is not recommended or supported.Be liable for any loss or damage suffered as a result of any negligent act, error, omission or statement by it or its employees, agents or Sub-consultants;Employ competent staff with qualifications and experience appropriate to their task for the services and;

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Promptly inform the Principal in writing if information or any document provided or caused to be provided by the Principal is found to be insufficient or inaccurate.

11 CONFLICT OF INTEREST

At the date of signing this Contract, no conflict of interest exists or is likely to arise in the performance of its obligations under this Contract; andIt shall use its best endeavours to ensure that no conflict of interest exists or is likely to arise in the performance of the obligations of any Sub-consultants.

The Consultant shall notify the Principal of any matter which may give rise to an actual or potential conflict of interest between the Principal and the Consultant during the Contract. This information shall be treated by the Principal as confidential.

12 CONFIDENTIALITY AND PUBLICITY

The Consultant shall not release any document or article or divulge any information gained in the course of the Contract to the media or any person without the approval of the Principal.

Should the Consultant wish to submit any of the work produced under the Contract for publication in journals, exhibitions or entry for awards, it shall obtain prior approval in principle and final written approval from the Principal by submitting for a decision full details of the material to be published.

Should the Principal publicise the project, it will acknowledge the contribution made by the Consultant unless such acknowledgment is impracticable, in which case the Consultant shall be advised accordingly.

13 RESPONSIBILITIES AND OBLIGATIONS OF THE PRINCIPAL

The Principal shall give or cause to be given to the Consultant timely instructions, decisions and information sufficient to define the requirements of the services including budgetary arrangements and limitations.

14 DIRECTIONS BY THE PRINCIPAL

Unless the Contract expressly provides otherwise, the Principal may give any direction to the Consultant either in writing or orally followed by written confirmation as soon as practicable.

15 PRINCIPAL’S AND CONSULTANT’S REPRESENTATIVES

15.1 Principal’s Representative

The Principal shall appoint a Principal’s representative to exercise the duties, discretions and powers vested in the Principal under the Contract. The Principal’s Representative is nominated in the Annexure.

The appointment of Principal’s Representative shall not prevent the exercise of a duty, discretion or power by the Principal and the Principal may, at any time, alter such appointment by written notice to the Consultant.

15.2 Consultant’s Representative

The Consultant, where appropriate, shall appoint a Consultant’s Representative to be the first point of contact with the Principal. The Consultant’s Representative shall be nominated in the Annexure. The Consultant may, with the prior written approval of the Principal, cancel the appointment and shall nominate another Consultant’s Representative.

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16 SERVICE AND DUTIES

16.1 Program

The Consultant shall, within the time stipulated in the Annexure, submit for the Principal’s agreement a program for the delivery of the Services to meet the completion date or dates stated in the Annexure.

The program shall be in a form appropriate to the project, and acceptable to the Principal and may - indicate the interdependencies of each component part of the Services;allow appropriate periods for the review by the Principal of documents to be produced by the Consultant;clearly indicate any allowances made in the program for delays to the provision of the Services or any component parts of the Services outside the Consultant’s control; and include a separate time line for each discrete component of the Services and a completion date for each of those components.

During the Contract, the Consultant shall progressively make the necessary adjustments to the program to ensure each stated completion date is achieved. If the Consultant at any time believes that the Consultant may be unable to meet a completion date for any reason, the Consultant shall notify the Principal in writing and state the remedial action necessary to achieve the completion date.

If the Principal considers that the Consultant may not meet a completion date, it may notify the Consultant and require the Consultant to notify within a reasonable time specified in the notice what remedial action (if any) the Consultant proposes to take to ensure that the relevant completion date is met.

The Consultant shall submit reports to the Principal in an agreed format and at agreed intervals as to the progress of the Services. The Consultant shall attend progress review and co-ordination meetings in accordance with the requirements of the Principal and at a location specified by the Principal and shall attend any other meetings which are desirable to ensure the proper and effective provision of the Services by the Consultant.

The Principal may direct the Consultant to deviate from the current program provided by the Consultant. The Consultant shall be entitled to recover any extra costs and expenses incurred by it as a consequence of any deviation directed by the Principal under Clause 16.1 only if the deviation is required for the convenience of the Principal or the deviation is due to a cause outside the reasonable control of the Consultant.

16.2 Compliance with Laws

The Consultant shall take due care that all documents comply with all relevant Laws and shall, as far as practicable, obtain all necessary approvals necessary for the project or that part of the project to which the Services relate to be provided by the Consultant under this Contract.

The Consultant shall promptly notify the Principal in writing should the requirements of the Project or that part of the Project to which these Services relate conflict with any Laws or if any necessary approvals have not been obtained.

The obligations under Clause 16.2 shall not apply if a failure to obtain a necessary approval is due to an act, default or omission on the part of the Principal or the Principal’s Representative.

16.3 Checking, Signing and Certification

All documents prepared under the Contract shall be signed by the Consultant to certify that the documents have been prepared by competent staff and have been checked and approved for

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accuracy, compliance with relevant regulations, the requirements of the Brief and co-ordination with related documents.

The Consultant shall co-ordinate all documents provided or to be provided by a Specialist Consultant, with documents generated by the Consultant under the Contract.

The Consultant is not required to check standard documents provided by the Principal, but shall ensure that the standard documents are appropriate for their proposed use.

16.4 Corrections

Notwithstanding any reviews, approvals or directions undertaken or given by the Principal with respect to documents prepared under this Contract, any error, ambiguity or deficiency which subsequently becomes apparent and is referred to the Consultant for correction or clarification, shall be corrected or clarified by the Consultant to the satisfaction of the Principal.

The Consultant shall be entitled to an additional fee only where the correction or clarification arises from an act, default or omission of the Principal.

16.5 Project Cost Control

The Consultant shall employ suitable cost control techniques such as outlined in the appropriate National standard and follow forms and procedures as the Principal may direct in order to ensure that project cost limitations are not exceeded. Where, during the course of providing the services, circumstances put such cost limits at risk, the Consultant shall promptly advise the Principal and recommend remedial action for the Principal’s determination.

Where the lowest conforming construction tender exceeds the project cost limitations, the Consultant shall review his documents, advise the Principal of the reasons for the excess and recommend remedial action for the Principal’s determination.

The Consultant shall, on written request by the Principal, amend the documents prepared by him to achieve the stated project cost limitations. The Consultant shall only be entitled to an additional fee where the correction or clarification arises from a fault of the Principal.

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16.6 Review of Work by Others

Where the Consultant is required to take over or develop work provided by or on behalf of the Principal, it shall review that work and notify the Principal in writing whether -

the work is satisfactory for use by the Consultant as to form and content; or it is necessary for the Consultant to remedy deficiencies in the work before the work

may be used for its intended purpose and shall specify the deficiencies and the remedial work necessary.

If the Consultant provides written notice under Clause 16.6(b), and the Principal directs the Consultant to undertake remedial work, then the remedial work undertaken by the Consultant shall be valued as though a variation under Clause 7.

16.7 Quality Assurance

Where required under the Contract, the Consultant shall implement and administer Quality Assurance in respect of the services in accordance with the standard nominated in the Annexure.

The Consultant shall provide the Principal with reasonable access to all premises, personnel and documents necessary to permit the effective auditing of the Consultant’s performance in accordance with the nominated standard.

17 SETTLEMENT OF DISPUTES

17.1 Continuation of Work During Disputes

During disputes and until such time that the services are completed, the Consultant shall at all times continue to fulfil it’s obligations under the Contract and comply with all directions given to it by the Principal in accordance with the provision of the Contract, provided that such directions do not touch upon the subject matter of the dispute in respect of which written notice has been given in accordance with Clause 17.2.

17.2 Procedures for Resolution of Disputes

If a dispute or difference between the Consultant and the Principal arises out of or in connection with the Contract, either party shall deliver by and or serve by certified mail to the other party, a notice in writing adequately identifying and providing details of the dispute.

If the parties fail to resolve the dispute or difference to their mutual satisfaction within seven (7) days after receipt by the other party of the notice, then subject to the next paragraph, either party shall have the right to pursue the resolution of the dispute or difference by arbitration.

If within the seven (7) day period following the commencement of the meeting of the parties -

the parties are unable to resolve the dispute; andthe parties agree that resolution of the dispute or difference may best be resolved by the person nominated in the Annexure or some other person appropriately qualified agreed between the representatives;

then the parties shall cause a resolution to that effect and constitute a binding agreement not to proceed to arbitration with respect to the dispute or difference until the publication of a finding by the person so nominated by the representatives.The submission of the dispute to the nominated person shall be in writing and shall be accompanied by detailed particulars of the matter at issue. If either the Principal or the Consultant is dissatisfied with the decision of the nominated person, then either may refer the matter to arbitration by an Arbitrator appointed by the person specified in the Annexure but, if the nominated person has given a written decision, referral to arbitration shall be barred unless the

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referral is received by the other party or delivered to the other party by the party seeking the referral within seven (7) days after the decision of the nominated person was given.

Compliance by the parties with the procedures of Clause 17 is a condition precedent to either party being entitled to pursue any subsequent relief or remedy.

Monies due and payable by the Principal to the Consultant for Services shall not be withheld because of the existence of a dispute but the Principal may, pending resolution of the dispute, withhold payment of moneys in respect of the matter that is the subject of the dispute.

All costs associated with dispute resolution shall be borne by the parties as determined or recommended by the Arbitrator.

18 FEE AND PAYMENT

The fee payable by the Principal to the Consultant for the provision of the Services shall be calculated for a lump sum inclusive of GST / time charge basis or a combination of these.

Unless otherwise agreed, the fee payable to the Consultant under the Contract shall be paid progressively by the Principal.

The Consultant shall submit to the Principal during the Contract a claim for a progressive payment of the fee (‘Progress Claim’). The claim shall include not less than the following details.

The Services performed by the Consultant during the period to which the claim relates (the Claim Period).

The Consultant’s estimate of the proportion of the fee payable to the Consultant by the Principal for Services provided during the Claim Period.

The basis on which the Consultant has calculated the proportion of the fee payable for the Claim Period.

Any adjustments to the fee properly due and payable to the Consultant in the Claim Period.

If the Consultant is claiming payment for costs and disbursements reimbursable to the Consultant under the Contract, copies of any invoices or receipts necessary to substantiate that the Consultant has incurred the costs and disbursements claimed.

The Consultant shall notify the Principal of any matters which have arisen to the date of the claim which may affect the total fees payable under this Clause and, where practical provide an estimate of the amount thereof.

Within twenty-eight (28) days of the date of receipt by the Principal of a Progress Claim, the Principal shall assess the claim and pay to the Consultant all amounts claimed by the Consultant which are, in the opinion of the Principal, properly due and payable to the Consultant under the Contract.The Principal may at any time after receipt of a Progress Claim and shall with the payment to the Consultant under this Clause, inform the Consultant of the reason for any difference between the Progress Claim and the sum which the Principal considers to be properly due and payable under the Contract for the Services provided by the Consultant during the relevant Claim Period.

The making of a payment by the Principal under Clause 18 shall not constitute an admission by the Principal that any Services provided by the Consultant conform with the requirements of the Contract.

Unless otherwise provided for in the Contract, the fee and associated disbursements and expenses shall constitute the Consultant’s sole remuneration for the Services and shall be

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deemed to include familiarisation and compliance with all the requirements, standards, procedures and instructions of the Principal.

19 INSURANCE

19.1 Professional Indemnity

The Consultant shall effect and maintain a professional indemnity insurance for the currency of the Contract for an amount not less than $5 million. The Consultant shall continue to maintain a professional indemnity policy after the conclusion of the Contract for an amount sufficient to indemnify the Consultant in respect of all liabilities arising out of this Contract.

The Consultant’s liability to the Principal shall not be limited or otherwise affected by the terms of any such insurance policy. In the event that the Principal suffers loss or damage directly attributable to the Consultant’s negligence, the rights of the Principal to recover damage shall not be affected by any terms of the Professional Indemnity Insurance held by the Consultant.

19.2 On Site Public Liability

The Consultant shall maintain a Public Liability policy of insurance of not less than $20 million covering the Consultant in respect of any claim arising from his act or omission on the site of the Project.

19.3 Insurance of Documents

Until all original documents are finally delivered to the Principal, all risks whatsoever connected with the total or partial loss of the documents shall be the responsibility of the Consultant. The Consultant shall ensure that this responsibility is met at all times by maintaining an appropriate Insurance Policy.

Alternatively, the Consultant may submit to the Principal for the Principal’s approval, procedures to ensure the risk of document loss is minimised. In this event, the Principal shall have the absolute right to determine, accept or reject the proposed arrangements by the Consultant.

19.4 Employees and agents

Before commencing provision of the Services, the Consultant shall effect and maintain a suitable insurance policy which covers the Consultant, the Consultant’s employees and agents against any liability, loss, damage, claim, costs and expenses arising at common law or under any statute as a result of personal injury to or death of any person employed by the Consultant or the Consultant’s agents in or about the Project.

20 GOVERNING LAW AND JURISDICTION

This Contract shall be governed by and construed in accordance with the laws of the Northern Territory of Australia;Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of the Northern Territory of Australia and waives any immunity or any objection it may have to any action in those Courts and to a claim that any action has been brought in an inconvenient forum or to those Courts not having jurisdiction.

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Section 3

THE ANNEXURE

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ANNEXURE This Annexure shall be issued as part of the documents and is to be attached to the General Conditions for engagement of consultants and shall be read as part of the Contract.

(Clause 1)The Principal is City of Darwin

(Clause 4.1(a)) (of) GPO Box 84 DARWIN NT 0810

(Clause 1)The Consultant is

(Clause 4.1(b) of

(Clause 1)

The Project is Casuarina Pool Masterplan

(Clause 2)

The engagement is as a Primary Consultant

(Clause 2(c))

The Contract shall be governed by the Code of Practice of the relevant professional peak body

(Clause 15.1)

The Principal’s Representative: Ms. Polly Banks

The address of the Principal’s Representative is:

General Manager Community & Cultural ServicesCity of DarwinCIVIC CENTRE Harry Chan AvenueGPO Box 84 Darwin NT 0801Ph. 08 8930 0633Email: [email protected]

(Clause 15.2)

The Consultants Representative

The address of the Consultant’s Representative

(Clause 16.1)

The completion date(s) for the components is 21 February 2019

(Clause 17.2(b))

The nominated person in respect of procedures for resolution of disputes is: Ms. Clare Beacham

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RECREATION AND LEISURE COORDINATOR\City of DarwinCIVIC CENTRE Harry Chan AvenueGPO Box 84 Darwin NT 0801PH: 08 8930 0404Email: [email protected]

(Clause 19.1)

Professional indemnity insurance cover shall be not less than $1,000,000.00

(Clause 19.2)

On site public liability insurance shall be not less than $20,000,000.00

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