Specialised and experienced Town Planners and Surveyors in Brisbane

Terms and Conditions of Use

    The quote of B Planned & Surveyed Pty Ltd 64 607 422 293 (herein referred to as “bplanned & surveyed”), to perform the consulting services described in the Quote. Acceptance by the Client is strictly limited to the Quote and these Terms and Conditions for Town Planning & Surveying Services, which when acknowledged in the acceptance of the quote, is authorisation to proceed. The Client is defined as the person or business entity signing the Agreement authorising bplanned & surveyed to proceed. This Agreement supersedes all prior written proposals and/or negotiations not referenced herein between the parties and is expressly conditioned upon the Client’s agreement of the Terms and Conditions hereof. This Agreement may only be modified in writing executed by both parties.
    The services to be performed are described in the the Quote. Unless otherwise specified in the Quote or the Terms and Conditions, bplanned & surveyed shall furnish all professional services, including labour, materials, supplies, equipment, transportation and supervision to perform all tasks listed in the Quote.
    Fee. The Quote describes the tasks, stages and compensation terms.  All bplanned & surveyed invoices are payment claims made in accordance with the provisions of the Building and Construction Industry Payments Act 2004. GST. Any goods or services provided by us will attract a GST component of 10%.  This tax, unless otherwise stated shall be in addition to the fixed fee or reimbursement charges stated in this fee proposal. Terms of Payment. Invoices shall be submitted upon completion of a stage or on a fortnightly / monthly depending on the level of activity required on the project. Payments are due strictly 7 days upon the Client’s receipt of invoice. Suspension. If any payment is more than seven (7) days past due, bplanned & surveyed may suspend provision of the services where the payment is outstanding for more than 7 business days until bplanned & surveyed is paid in full all amounts due for services, expenses, and other charges. Additionally, in the event of suspension, the Client shall waive all rights, claims, etc. which it might otherwise have against bplanned & surveyed as a direct or indirect result of such suspension.
    All Additional Services shall be approved by the Client and bplanned & surveyed in writing prior to proceeding. The following are Additional Services that are not specified above and are considered beyond the Scope of Services. Survey Fixed Fees. Any work required to be undertaken outside the scope of works outlined will be charged in accordance with our hourly fee schedule. This work will not commence without your prior verbal/written approval unless such work is deemed to have a detrimental impact on the proposed development. You will be contacted immediately to discuss any out of scope items identified. Examples of this would be, but not limited to;
  • An additional setout drafting fee may apply if the plans are of poor quality, faxed, contain errors or are incorrectly dimensioned, written dimensions’ conflict with the DWG dimensions, the lot dimensions are incorrect or if we need additional information to resolve the final setout dimensions.
  • Additional fees may apply regarding boundary definition in older areas (generally more than 10 years old) or where survey marks are disturbed or missing or where an identification survey has been performed on the site by another surveyor. The additional fees are to purchase additional survey plans and to carry out extra survey work, checks and calculations as necessary. B Surveyed may insist upon undertaking an identification survey prior to commencing a setout, if there is any concern in relation to determining the boundaries, particularly in older areas or where building on or near the boundary increases the risk of encroachment or in any situation that attracts a higher level of risk.
  • Cadastral Boundaries; some areas may require additional fees to orientate the site features to the cadastral boundaries or check existing fencing.
  • This quote does not include the situation where any encroachments are found in the course of the identification survey. In accordance with Section 18 of the Survey and Mapping Regulation 2014, encroachment letters will be drafted and sent to the parties involved with a copy of the survey plan showing the location and extent of the encroachment. This will add an additional cost of $250 + GST to the fee quoted.
  • Should bplanned and surveyed expose significant differences while undertaking the identification survey between our measured boundary dimensions and the original deed dimensions, bplanned and surveyed reserve the right to withdraw our engagement and renegotiate our fee structure. bplanned and survey will notify you immediately should there be significant additional work and cost required to finalise the boundary reinstatement of your lot’s boundaries.
  • If the structure is to be set out is within 250mm of a boundary. Due to the higher risk associated with building a structure on or near the boundary, where even minor differences may be critical and will need additional work to be able to complete the survey
  • Site address or survey plan details are incorrect or incomplete.
  • Additional copies of our products or other supporting information are required
  • Amendments required to completed plans (not including any corrections required)
  • The AHD contract price only covers those sites within 1Km of a Permanent Survey Mark (PSM), sites greater than 1km from a PSM and where GPS may not be suitable, additional fees will apply, to determine AHD.
  • Survey work to be carried out on steep lots (to be assessed by the surveyor)
  • Survey work to be carried out on large lots over 1,200m²
  • Survey works to be carried out on multi-level pads
  • Survey works to be carried out on heavily-vegetated sites and/or boundaries and structures are obstructed from view
  • Town Planning Fixed Fees. Any work required to be undertaken outside the scope of works outlined will be charged in accordance with our hourly fee schedule. This work will not commence without your prior verbal/written approval unless such work is deemed to have a detrimental impact on the proposed development. You will be contacted immediately to discuss any out of scope items identified. Examples of this would be, but not limited to;
  • RiskSMART Applications. The quote is provided after a preliminary review of the plans/discussions with the client suggesting that the application may be suitable to be lodged through RiskSMART. We will prepare an email to the RiskSMART team providing all required justifications up front. Once we receive the final plans we will review them, and if we believe there are going to be any issues we will prepare an email to the RiskSMART team providing all required justifications up front.  This will establish whether RiskSMART will accept the designs as they are or whether we need to make some changes so that they are considered acceptable.Should the proposed development not be accepted as a RiskSMART application and you do not want to change the designs to suit RiskSMART assessment, we can provide you with an amended fee proposal to lodge the application through the normal development assessment process.
  • Consultants fees.  We will advise on which consultants are required and recommend the consultants only.  You will need to arrange the quote/s and directly engage the other consultants who would need to be commissioned separately (As indicated by a YES in the Client Responsible for Payment column of the Reimbursable Expenses table).  Their terms and agreements will be included as part of their fee proposal.
  • Accuracy of Consultant’s Work. The checking of the other consultant’s work for accuracy or technical appropriateness.  This remains the responsibility of the other consultants.
  • Coordination of Consultants’ and/or Client’s Work. Coordination of work performed directly by the Client or work performed by consultants hired by the Client, including but not limited to Civil/Hydraulic Engineers, Architects/Building Designers, Landscape Architects, etc., shall be considered Additional Services.
  • External Consultant Advice. Any required external consultant advice.
  • Reimbursable Expenses. Reimbursable expenses shall include, but not be limited to, fees paid to authorities (local, state or federal), consultants’ fees, postage, couriers, long distance travel expenses, mileage, accommodation, meals and/or other project related out-of-pocket expenses (As indicated by a YES in the Paid by Us – to be reimbursed by the Client column of the Reimbursable Expenses table). Items shall be reimbursed to bplanned & surveyed at cost plus ten percent (10%), unless a specific cost is listed below:Travel mileage rate (2017/2018 Financial Year) $0.78 per kilometre
  • Reimbursable item or expense Client responsible for payment Paid by us – to be reimbursed by the Client Included in our fee
    Fees, taxes, levies or charges paid to authorities (local, state or federal) YES
    Fees required for any relevant searches i.e. Titles, Survey Plans, etc YES
    Fees for other consultants engaged by you YES
    Telephone calls other than local YES
    Postage and courier services YES
    Provision of hard copy documents other than to you for your own use YES
    Travel – Site visits, Council pre-lodgement meetings & client meetings YES
    Parking costs YES
    Long Distance Travel – mileage, accommodation, meals, etc (greater than 2Hrs travel time from Brisbane CBD) YES
    Newspaper advertisements for public notification YES
    Public notification signage printing costs, etc YES
  • Authorities Fees, Taxes, Levies or Charges. The Client is responsible for paying all local, state or federal, fees, taxes, levies or charges directly to the authority as per the authority’s tax invoice/ fee quote forms (As indicated by a YES in the Client Responsible for Payment column of the Reimbursable Expenses table).  Their terms will be included as part of their Tax Invoice / fee quote forms.
  • Fees for Additional Services. bplanned & surveyed may provide Additional Services beyond those listed in the Quote by a negotiated sum or on an hourly basis charged in accordance with the hourly rates schedule outlined above. This work will not commence without your prior approval unless such work is deemed to have a detrimental impact on the proposed development. You will be contacted immediately to discuss any out of scope items identified. Hourly rates specified below are valid for one (1) year from the 1st July 2017 at which point they will be increased to reflect market conditions, employee benefits and salary compensation.
    Director (Cadastral Surveyor) 220
    Survey Manager 180
    Field Surveyor (including Vehicle and Total Station) 135
    Surveyor (Office Calculations) 110
    Survey Draftsman 100
    Director 220
    Principle Town Planner 200
    Senior Town Planner 180
    Town Planner 155
    Graduate Town Planner 110
    Plan Sealing Officer 75
    Relevant Information. Shall provide us with all relevant information required by us to complete the services described in this fee proposal. Unless otherwise specified, the procuring of relevant information is not included in the Quote. B Planned & Surveyed Pty Ltd & surveyed shall assume that the relevant information, if required, shall be readily available. bplanned & surveyed assumes all information on these documents is accurate and is not responsible for any information completed by others. Project Representative. The Client shall appoint and authorise a Project Representative to answer questions and make timely decisions (within five (5) business days). bplanned & surveyed assumes that the Client shall be the Project Representative unless the Client notifies bplanned & surveyed, in writing, that another Project Representative has been appointed. If the Client replaces or selects a new Project Representative, any time spent by bplanned & surveyed to bring the new Project Representative current shall represent Additional Services. The Project Representative will work co-operatively with us to ensure satisfactory progress through all stages of the development approval stage and other services provided by us. Selection of Qualified Contractor(s). Shall engage consultants required by the project after consultation with us and shall pay all fees and expenses associated with their engagement. Termination. Either party may elect to put on hold or terminate this Agreement with not less than seven (7) days’ notice in writing should either party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. The Client shall hold bplanned & surveyed harmless for delays, clarifications, or non-conformance with the Fee Proposal if bplanned & surveyed has been terminated prior to the completion of the work. The client shall pay us all amounts due at the date of termination in accordance with this fee proposal in the event of termination.
    Our Quote is based on the project commencing within four (4) weeks of the date of the signed acceptance to proceed. Our programme is based on the timely response to matters related to the brief, the timely performance of services by other consultants and acceptable lead times for documentation. Modifications, such as accelerated schedules, project delays or extensions, which are not under the control of bplanned & surveyed, are subject to an increase in bplanned & survey’s compensation. If through no fault of bplanned & surveyed, the development application stage of the Quote has not been completed within twelve (12) months of the date first specified on the Letter of Agreement, compensation for bplanned & surveyed’s services beyond that time shall be considered Additional Services.
    All documents prepared by the bplanned & surveyed pursuant to this Agreement are instruments of the bplanned & surveyed’s professional service, and bplanned & surveyed shall retain an ownership and property interest therein. bplanned & surveyed grants the Client a license to use instruments of bplanned & surveyed professional service for the purpose of gaining Council approval and/or plan sealing for this specific project. Reuse and/or modification of any such documents, without the bplanned & surveyed’s written permission, shall be at the Client’s sole risk, and the Client agrees to indemnify and hold bplanned & surveyed harmless from all claims, damages and expenses, including attorney’s fees, arising out of such reuse and/or modification by the Client or by others acting through the Client. Notice of Copyright. The contents of our reports and our website are protected by copyright law.  You are free to use all reports represented by bplanned & surveyed developed for use on this specific Project provided you comply with the Copyright Act 1968. None such reports shall be used by or disclosed to any purpose whatsoever without the written permission of bplanned & surveyed.
    bplanned & surveyed shall have the right to photograph the Project for gaining Council approval and/or plan sealing for this specific project and to use the photographs in the promotion of its professional service through publication, advertising, public relations, brochures, websites, or other marketing media.
    Insurance. bplanned & surveyed shall maintain WorkCover and Professional Liability Insurance throughout the period of this Agreement. Certificates of insurance are available on request. Limitation of Liability. For any damage on account or error, omission or other professional negligence, bplanned & surveyed’s liability shall be limited to bplanned & surveyed’s fee received under this Agreement. Waiver of Consequential Damage. bplanned & surveyed and the Client waive consequential damage for claims, disputes and other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with the provisions defining termination. Unforeseen, Latent or Hidden Conditions. Unforeseen, latent or hidden conditions may not be readily ascertainable regardless of the extent of the investigation. Such conditions may impact the development application and necessitate additional time to complete the development application. When services are required to address these conditions, those services shall be deemed Additional Services.
    Shall provide the services described in this Fee Proposal and shall exercise the skill and professionalism of a reasonable, qualified town planner/surveyor in doing so.
    You are engaging us for all the stages nominated in this fee proposal and that there is continuity in the service to be provided. Any information supplied by you will be accurate and sufficient in order for us to perform our services.
    Mediation and Arbitration. It is mutually agreed that the terms of this Agreement shall be binding upon both parties and their successors, executors, administrators and assigns. Any dispute or claim arising in connection with this Agreement shall be served to us as a written notice of the dispute of difference followed by mediation and the matter not being resolved by the parties within 5 business days of the date of the notice.
    Company’s Representative. bplanned & surveyed shall identify a representative authorised to act on their behalf with respect to the Project.  The company’s representative shall maintain accurate records and keep you informed of progress by way of telephone calls, emails, meetings, reports and other means at all stages. Proposal Validity. This Proposal shall remain in effect until the 30 June 2017. If not executed within this period, this Fee Proposal may be deemed null and void by bplanned & surveyed.