expression of interest 2019/111...1.7 shell cove project the development of the marina is an...

Expression of Interest 2019/111

Shellharbour Marina and Boat Maintenance Facility Lease at Shell Cove

Closing Date and Details: 10:00am, Tuesday 18 February 2020

Important: This Tender and any other information provided to a Tenderer in connection with this Tender or the Tendering process is confidential and is made available to the recipient solely for the purpose of developing a Tender in response to this Tender. If you do not intend to respond to this Tender or do not agree to keep this Tender and information relating to it confidential in accordance with its terms, please immediately notify the Contact and destroy or return all copies of this document and all related information which are in your possession or control.

Tenderers are advised to register at the Nominated Tender Website: (https://www.Tenderlink.com/shellharbour) in order to receive any further information (including amendments, addenda, and further conditions) that may apply to this Tender.

The Tenderer’s Response must be completed in the format specified and submitted by electronic lodgement or by post or delivery to the physical Tender box at Shellharbour City Council, Customer Services Centre, 76 Cygnet Avenue, Shellharbour City Centre

EOI 2019/111 Shell Cove Marina Lease of 49

Table of Contents 1 General Information and Overview ................................................................................ 5

1.1 Structure of this Tender .......................................................................................................5

1.2 Definitions ............................................................................................................................5

1.3 Invitation Context .................................................................................................................7

1.4 Invitation ..............................................................................................................................7

1.5 Project Timeline ....................................................................................................................7

1.6 Engagement Commencement ..............................................................................................7

1.7 Shell Cove Project .................................................................................................................7

1.8 Regional/Local Context ........................................................................................................8

1.9 Development Activity ...........................................................................................................8

2 Specification and Scope ................................................................................................. 9

2.1 General .................................................................................................................................9

2.2 Proposed Lease Arrangements ............................................................................................9

2.3 Facilities ............................................................................................................................. 10

2.3.1 Marina ........................................................................................................................... 10

2.3.2 Boat Maintenance Facilities (BMF) ............................................................................... 10

2.4 Council Objective ............................................................................................................... 10

2.4.1 Community Strategic Plan ............................................................................................. 10

2.4.2 Accreditation Goals ....................................................................................................... 10

2.5 Council Requirements ‐ General ....................................................................................... 11

2.5.1 Environmental Considerations ...................................................................................... 11

2.5.2 Precinct Public Activation .............................................................................................. 11

2.5.3 Security .......................................................................................................................... 11

2.6 Council Requirements – Marina ........................................................................................ 12

2.6.1 Public Space Management ............................................................................................ 12

2.7 Council Requirements – Boat Maintenance Facility ......................................................... 12

2.7.1 Essential Businesses ...................................................................................................... 12

2.7.2 Boat Maintenance ......................................................................................................... 12

2.7.3 Precinct Commercial Activation .................................................................................... 12

2.8 Legislative Framework ....................................................................................................... 12

3 Conditions of Tendering ............................................................................................... 13

3.1 Criteria for Selection .......................................................................................................... 13

3.2 Mandatory Criteria ............................................................................................................ 13

3.3 Contact Officer .................................................................................................................. 13

3.4 General .............................................................................................................................. 13

3.4.1 Status ............................................................................................................................. 13


3.4.2 Code of Practice............................................................................................................. 13

3.4.3 Method of Tender ......................................................................................................... 14

3.5 Addenda ............................................................................................................................ 14

3.6 Canvassing or Lobbying ..................................................................................................... 14

3.7 Council’s Rights .................................................................................................................. 14

3.8 Tenderer’s Undertakings ................................................................................................... 15

3.9 Preparation and Lodgement of Tender ............................................................................. 15

3.9.1 Method 1: Electronic Lodgement of Tenders (Tenderlink): .......................................... 16

3.9.2 Manual Lodgement of Tenders ..................................................................................... 16

3.10 Tender Validity .................................................................................................................. 17

3.11 Confidentiality ................................................................................................................... 17

3.12 Government Information (Public Access) ......................................................................... 17

3.13 Expenses ............................................................................................................................ 18

3.14 Disclaimer .......................................................................................................................... 18

3.15 Investigations and Warranties .......................................................................................... 18

3.16 Statement of Business Ethics and Code of Conduct .......................................................... 18

3.17 Collusive Tendering ........................................................................................................... 18

3.18 Reliance on Information .................................................................................................... 19

3.19 Personnel ........................................................................................................................... 19

3.20 Insurance ........................................................................................................................... 19

3.21 Engagement of Sub‐Consultants ....................................................................................... 19

3.22 Work Health & Safety ........................................................................................................ 20

4 General Conditions of Contract ................................................................................... 21

5 Returnable Schedules and Information to be supplied by Respondents ................ 30

5.1 Respondent’s Profile ......................................................................................................... 30

5.2 Respondent’s Proprietorship ............................................................................................. 30

5.3 Returnable Schedules ........................................................................................................ 31

Form 1 – Acknowledgment of Addenda and Notices ........................................................................ 32

Form 2 – Respondent Details ............................................................................................................ 33

FORM 3 ‐ Declaration of Confidentiality, Compliance and No Conflict of Interests ........................... 34

Form 4 – Company Profile/Governance/Shell Cove Vision ............................................................... 35

Form 5 ‐ Past and Current Relevant Experience ................................................................................ 36

Form 6 ‐ Insurance Details ................................................................................................................. 37

Form 7 – Detailed Commercial Pricing Proposal ............................................................................... 38

Form 8 ‐ Details of Staff Nominated to perform the Services ........................................................... 39

6 Appendix A – Marina Technical Information .............................................................. 40

6.1 Introduction ....................................................................................................................... 40


6.2 General Layout and Facilities ............................................................................................ 40

6.2.1 Layout ............................................................................................................................ 40

6.2.2 Inner Harbour Facilities ................................................................................................. 41

6.2.3 The Outer Harbour Boating Facilities ............................................................................ 44

6.3 Berthing and Navigation .................................................................................................... 46

6.3.1 Berth Numbers and Distribution ................................................................................... 46

6.3.2 Berth Sizes ..................................................................................................................... 46

6.3.3 Water Depths ................................................................................................................ 47

6.3.4 Channel and Fairways .................................................................................................... 48

6.4 Schedule 2 ......................................................................................................................... 49

Listing of Figures

Figure 1 - Shell Cove Map ........................................................................................................ 9 Figure 2 - General layout of the Boat Harbour and design bed levels ................................... 41 Figure 3 - Marina Layout ........................................................................................................ 42 Figure 4 - Pontoon Design ..................................................................................................... 43 Figure 5 - Public Jetty Computer Generated Image ............................................................... 44 Figure 6 - Outer Harbour Facilities Layout ............................................................................. 45


1 General Information and Overview

1.1 Structure of this Tender

This Expression of Interest is comprised of:

Section 1 - General Information and Overview

Outlines the purpose of this Expression of Interest and places it within the context of the Shellharbour Local Government Area.

Section 2 - Specification and Scope This section provides Tendering parties with details of the scope of services sought by Shellharbour City Council.

Section 3 - Conditions of Tendering

General information for this Expression of Interest including information for Respondents regarding the evaluation and Expression of Interest process.

Section 4 - General Conditions of Contract

This section refers to Shellharbour City Council’s General Conditions of Contract.

Section 5 - Returnable Schedules and Information to be supplied by Respondents

Respondents are to provide details about their Company and all costs associated with the proposed EOI.

Additionally, it is required that Respondents will complete and return Section 5 for review and evaluation.

1.2 Definitions In these Expression of Interest Conditions and in the Expression of Interest all words and expressions will (unless the context otherwise requires) have the meanings assigned to them in the General Conditions of Contract or the meanings assigned to them below:

Addendum Means an addendum to the Expression of Interest issued before the Closing Date and Time.

Agreement Contract.

Boat Maintenance Facility (BMF)

The serviced site (10,000m2) for marine associated uses is located adjacent to the outer harbour and consists of a boat maintenance, service and repair area and dry-Stack storage. The maintenance area provides undercover work bays to undertake maintenance and repair activities and is equipped with a travel lift capable of transporting boats up to 75 tonnes. Refer to items 4, 5 and 6 within Figure 1 - Shell Cove Map.


Closing Date and Time As stated on the covering page (Sydney, NSW, Australia time) or such other date advised by Council in writing

Commencement Date The date specified in any future contract as the service commencement date;

Contract The concluded contract for the provision of the Services which may be entered into between Council and the successful Expression of Interest as contemplated by the Tender.

Council Shellharbour City Council.

Council’s Contact Officer Council’s nominated representative to be the contact person in relation to the Expression of Interest as follows: Gary Grantham via the online forum.

EOI This request for expression of interest.

Expression of Interest Panel

The representatives of the Council undertaking duties in connection with the assessment of each Expression of Interest received and selection of a successful Tenderer(s).

Information Document Any information, data or document which is issued by Council in connection with the Expression of Interest and/or the Tender, which does not form part of the Contract and which at the time of issue is expressly stated to be “Information Document” only.

Marina The Marina is the piles and pontoons within the inner harbour to which 268 berths are provided. The Marina is designed for a range of vessel sizes up to 30 metres. Supporting the Marina is the Marina office with ensuite facilities and lounge area. Refer to items 10, 17, 18 and 19 within Figure 1 - Shell Cove Map.

RFT Request for Tender

Respondent Same definition as Tenderer.

Select Tender Tender where invitation is direct with one or more shortlisted Respondents (at Council’s sole discretion) following the EOI process as opposed to public invitation.

Services The services proposed by the Expression of Interest in response to Section 2 – Specification and Scope.


Tender / Expression of Interest Document

This Request for Expression of Interest Section 3 – Conditions of Tendering Section 4 – General Conditions of Contract (AS4122-2010)

Tender An offer made or to be made in accordance with the Tender / EOI. Note that for the purposes of this document, the terms ‘tender’ and ‘expression of interest’ can be interchangeable;

Tenderer An acceptable entity lodging a Tender submission in response to an RFT or EOI. An acceptable entity is an organisation that has an Australian Business Number (ABN) and is registered for GST;

1.3 Invitation Context Shellharbour City Council (Council), together with Frasers Property Australia, are developing Shell Cove which is a large scale, master planned beachside urban development located on the New South Wales South Coast in the Illawarra region. The Marina is located near the Shellharbour Airport which has regular passenger transport services from Melbourne and Brisbane. The project comprises of the development of approximately 3,300 dwellings (2,100 completed), a championship 18 hole golf course (completed), a 270 berth marina, commercial developments including a town centre, hotel, maintenance facility and business park (Precinct).

The project is nearing completion with the Marina opening planned for May 2021. Council is considering whether a third party manages and operates the Shellharbour Marina (Marina) and/or Boat Maintenance Facility (BMF) including a dry-stack located at Shell Cove Harbour.

1.4 Invitation Council is seeking Expressions of Interest from suitably qualified and experienced organisation(s), interested in managing and developing the Marina and/or BMF.

Returnable schedules are listed in Section 5. Within Section 5 - Form 7 – Detailed Commercial Pricing Proposal, Respondents are not limited to submitting indicative facilities and ground rent proposals but may propose alternate arrangements including profit share, turnover rent or a combination of models.

1.5 Project Timeline It is anticipated that Council will create a shortlist of potential service providers following the EOI process. A Selective Tender will then be conducted to one or more shortlisted organisations at the sole discretion of Council.

A Contract may be awarded with the delivery of the service proposed to be completed by May 2020.

1.6 Engagement Commencement The commencement date including transition is currently planned for 2 November 2020. Note, harbour dewatering will cease from May 2020 resulting in a gradual filling of the harbour for the planned Marina opening date for May 2021.

1.7 Shell Cove Project The development of the Marina is an inter-generational, transformative project commitment by Council. The development capitalises on Shellharbour City’s coastline and provides visitors


and residents with additional recreational, industry and commercial opportunities. Council first entered into an agreement in December 1995 to commence the development. Each subsequent Council has remained committed to the success of the development.

Frasers Property Australia (FPA) is the Project Manager for the Shell Cove Project, which is being developed under a management agreement between FPA and Council, with equity in the development being generally shared on a 50/50 basis. The Project has predominantly funded the harbour and the Marina, with Council predominantly funding the BMF. FPA currently have control over the development site.

1.8 Regional/Local Context There are presently no major marinas between Port Hacking, 65km to the north and Bateman’s Bay, 150km to the south of Shell Cove. Additional demand opportunities may exist from the Canberra and South Western NSW market, where demographics align with the Shell Cove leisure lifestyle offerings.

1.9 Development Activity Infrastructure development including a hotel, Library/community centre are planned to continue throughout the Precinct for two years following the Marina opening. Other development is also planned within the Precinct. A detailed timeline will be provided to short listed Respondents.


2 Specification and Scope

2.1 General For background information relating the Marina and BMF please refer to Council’s Shell Cove Precinct Business Plan which can be accessed at Business Plan. Additional supporting information will be contained within a dedicated EOI website located at Shell Cove EOI 2019/111.

Successful shortlisted Respondents will be required to further submit detailed business plans that address; their vision, marketing strategy, demand creation, membership strategies, price points, policies, local employment strategies, procedures, checklists, performance indicators, and statutory requirements at a later date.

Figure 1 - Shell Cove Map

Note, Respondents are required to complete Returnable Schedules in Section 5.

2.2 Proposed Lease Arrangements Council’s preference is a single lease to manage and operate both the Marina and BMF. Council is willing to consider two separate leases to manage and operate the Marina and BMF separately. Council is willing to accept responses from a consortium of organisations.


Council will prepare a proposed lease which will be issued to shortlisted Respondents during the Select Tender process.

Indicative lease terms should be provided within the EOI response.

2.3 Facilities For proposed Marina and BMF facilities please refer to 1.2 Definitions and Appendix A – Marina Technical Information.

Facilities proposed for lease are all world class assets.

The Marina berths, berth facilities, Marina fuelling and sewerage pump-out facility must be operating at the commencement of the harbour scheduled for May 2021. The need for maintenance facilities and marine trade businesses to service vessels requires maintenance facilities to be operational at or near the commencement of the Marina business.

2.3.1 Marina The Marina has been designed for a range of vessel sizes up to 30 metres. The Marina business will involve the leasing of marina berths and providing premium facilities to berth holders and charter businesses. Facilities will include the Marina office, ensuite facilities and lounge area.

Currently the 268 berth Marina is planned to be phased over three stages to minimise demand risk. Flexibility exists over the phasing as all piling for the Precinct will be completed prior to the opening of the harbour:

Stage 1 (116 Berths) - May 2021 Stage 2 (57 Berths) - May 2023 Stage 3 (95 Berths) - May 2025

Note, Stages 1 to 3 are contained within the Inner Harbour. Additional berths supporting the BMF and dry-stack are located within the Outer Harbour. Council’s expectation is for vessels smaller than 10 metres to be stored within the BMF’s dry-stack storage.

2.3.2 Boat Maintenance Facilities (BMF) The Boat Maintenance Facility is located within the Outer Harbour. The service involves lifting boats out of the water for cleaning and maintenance, providing hardstand facilities, diesel and unleaded fuelling.

The BMF also contains dry-stack storage for approximately 120 boats, ranging in sizes up to 10m in an undercover enclosed building. Dry-stack vessels will be supported by staging berths.

2.4 Council Objective

2.4.1 Community Strategic Plan Council’s commitment to the Shell Cove project has exceeded 26 years. Council has reflected this long-term commitment within the current 10 Year Community Strategic Plan (CSP) which can be accessed at CSP. Strategy 3.2.1 within the CSP commits Council to ‘Activate the Shell Cove Harbour Precinct as a lifestyle and boating destination providing development, tourism and community opportunities’.

2.4.2 Accreditation Goals Council’s aim for the Marina is to have a ‘Five Gold Anchors’ accreditation within the Global Gold Anchor Scheme, and within 6 months of the opening of the Marina, Council expectation is to achieve “Clean Marina” and “Fish Friendly” statuses.


2.5 Council Requirements - General

2.5.1 Environmental Considerations Operations within the Shell Cove Precinct should attempt to achieve ‘Five Star Green Energy Rating’ standards and consider Council’s City Power Partnership pledges listed below:

(RE3) Install solar power on Council buildings (EE1) Set minimum energy efficiency benchmarks for all planning applications (EE2) Adopt best practice energy efficiency measures across all Council buildings,

and support community facilities to adopt these measures (T1) Ensure Council fleet purchases meet strict greenhouse gas emissions

requirements and support the uptake of hybrid and/or electric vehicles (T2) Provide fast-charging user pays infrastructure throughout the city at key

locations for electric vehicles

The operation of a marina and boat maintenance comes with significant environmental risks. Respondents must ensure policies, procedures and practices mitigate environmental risks as much as possible and address relevant sections within “The Shell Cove Boatharbour Operation Environmental Management Plan Issue 5 – December 2007 (OEMP)” as detailed in Schedule 1 in Shell Cove EOI 2019/111 (Also included with Tender documents).

The OEMP sets out the environmental management practices, monitoring and mitigation measures for the operating harbour. The OEMP detailed in Schedule 1 is made up of individual management plans, listed below:

Water Quality and Environment Management Plan Breakwater Structures Maintenance Plan Access Channel and Entrance Wave Monitoring Program Beach Nourishment/Rehabilitation Management Plan Marina Management Plan Monitoring Program Auditing Program

Note, the OEMP will be updated and approved prior to Marina opening. In addition to the OEMP, an Environmental Protection Licence (EPL) issued by the EPA (POEO Act 1997) is applicable to the harbour.

2.5.2 Precinct Public Activation Council’s goal is to activate the entire Shell Cove Precinct. Council will be seeking the respondent visions for integrating the Marina and/or maintenance facilities within the Precinct’s; event calendar, public spaces, board walk, library and community centre.

Shortlisted Respondents, will be required to submit detail definitions of service provisions that will be included within a formal lease.

2.5.3 Security Council is interested in understanding the Respondents approach to security that maximises protection to staff, community and Marina assets (community and private).


2.6 Council Requirements – Marina

2.6.1 Public Space Management Responses to maintaining public spaces within the Precinct are encouraged. Maintenance responsibilities could include; minor harbour, minor breakwater/groyne, water blasting, mowing, town centre strata management, waste management and channel survey.

Council’s intention is for the public to be able to access the Marina between 8.30am and 4pm seven days a week.

2.7 Council Requirements – Boat Maintenance Facility

2.7.1 Essential Businesses To ensure a vibrant Marina, Council encourages Respondents to provide strategies to encourage marine businesses and trades prior to the Marina opening.

2.7.2 Boat Maintenance Operating forklift, travel lift and performing antifouling services. Council’s expectation is for services to operate 7 days a week between the hours of 7am to 6pm, with travel lift 6 days a week, DA pending.

2.7.3 Precinct Commercial Activation Council is seeking respondent’s interest in developing and managing;

Five individual workshops for marine businesses within the BMF complex including; o Retail space o Shop frontage with public access

BMF Café Office space for professional suites (possibly up to 500 m2) On-water premium unleaded and diesel fuelling facilities offered through six bowsers On-water sewerage pump-out (connected directly to the underground sewer) Council would encourage the establishment of a chandlery operation

2.8 Legislative Framework As a condition of the Boat Harbour Consent, the Shell Cove Boatharbour Operation Environmental Management Plan (OEMP) was developed. The OEMP was developed to set out the environmental management practices, monitoring and mitigation measures for the operating harbour.

Environmental Protection Licence (EPL) issued by the EPA (POEO Act 1997) is applicable to the harbour.

Other applicable statutory frameworks include:

Conditions of Consent (EP&A Act 1979) Conditions of Concurrence (Coastal Protection Act 1979) Other relevant legislation and regulations (20 listed within the OEMP)


3 Conditions of Tendering

3.1 Criteria for Selection All submissions considered by Council will be assessed by, but not limited to, the criteria set out below (in no particular order), the matters set out in Section 3, as well as any other matters Council determines to be relevant.

Council will determine the weight given to each of the factors listed below and, at its absolute discretion, may also take other factors into consideration when assessing submissions.

Stated criteria include:

a) Ability to demonstrate understanding of the requirements b) Ability to demonstrate related experience c) Ability to demonstrate capacity to deliver the requirements d) A clear track record of delivering desired outcomes, including relevant endorsements

by referees whose details may be provided e) Commercial proposal

Respondents may be called upon to make a presentation of their proposal to Council following this Expression of Interest process.

3.2 Mandatory Criteria Compliance with conditions of Expression of Interest as detailed throughout Public / Product Liability Insurance - $20 Million Professional Indemnity Insurance - $10 Million Workers Compensation – as per statutory requirements Undertake financial viability

3.3 Contact Officer For further information regarding this Tender, please contact:

Gary Grantham

Shellharbour City Council - Chief Financial Officer via the online forum

Tenderers requiring clarification of the Expression of Interest must submit all requests in writing via the Tenderlink Forum.

(Questions will only be received up to 7 days before the closing date)

Any responses provided in this regard will be distributed to all parties that submit an Expression of Interest in writing.

3.4 General

3.4.1 Status It is mandatory that a Tender:

1. Is made by a legal entity; and 2. Has a registered Australian Business Number (ABN) and is registered for the

Goods and Services Tax with the Australian Taxation Office.

3.4.2 Code of Practice The acquisition procedure will be conducted in accordance with the Local Government (General) Regulation 2005.


3.4.3 Method of Tender The method of Tendering is as set out in the Local Government (General) Regulation 2005 specifically Sections 168.

3.5 Addenda Written addenda issued by the Council are the only recognised explanations of, or amendments to, these Expression of Interest documents.

3.6 Canvassing or Lobbying The canvassing or lobbying of Councillors or Council Officers in relation to this Expression of Interest may automatically disqualify the Expression of Interest from the process.

3.7 Council’s Rights i. The Tenderers agree to comply with these Conditions of Tender. The Tenderer

acknowledges and agrees that these Conditions of Tender form a binding contract between Council and the Tenderer.

ii. The Tenderers agree that only Council Conditions as set in this Expression of Interest are applicable to any contract and that no other Conditions and/or qualifications submitted by Tenderers will be accepted.

iii. Council will not be bound by any verbal advice or information given by any officer of Council in respect of this Tender, but will only be bound by written advice or information furnished by Council.

iv. Council may vary the Expression of Interest by including and extending the Closing Date and Time, at any time by;

a. Informing all Tenderers; and b. Notifying all persons who have been issued with the Expression of Interest by

Council and who have provided sufficient address details to enable Council to contact them.

v. Council may cease to proceed with, or suspend the process outlined in the Expression of Interest at any time and at its sole discretion.

vi. The Expression of Interest must not be construed as making any express or implied representation, undertaking or commitment by Council that it will enter into an agreement with any person to supply the Services.

vii. Council may reject an Expression of Interest that does not fully comply with the terms of the Tender.

viii. Council reserves the right to accept all or part of an Expression of Interest at the commercial proposal tendered unless the Expression of Interest states specifically to the contrary.

ix. Council is in no way bound to consider any or all of the Expression of Interest submissions received, or to appoint a Tenderer to any of the Services. For the avoidance of doubt, Council is not bound to accept the highest commercial proposal submission.

x. Each Tenderer is specific to the Expression of Interest submission by which it is made. Any rights claimed by the successful Tenderer to enter into the Contract cannot be assigned to any other person, nor any of the intended Services subcontracted to any other person, without first obtaining the consent of the Council in writing.

xi. Tenderers must carefully and thoroughly consider and check the Expression of Interest and must notify the Council’s contact officer in writing of any errors, ambiguities, discrepancies, inconsistencies or omissions in the submission. Council will not be liable of any such error, ambiguity, discrepancy, inconsistency or omission.

xii. After an Expression of Interest has been accepted, any mistakes or inconsistencies not identified by the Tenderer at the time of Expression of Interest will rest with the Tenderer.


xiii. All information in the Expression of Interest and in the briefing (if any) is provided for the assistance of Tenderers only. Tenderers acknowledge in receiving this Expression of Interest and in submitting any Expression of Interest that they relied on their own knowledge and enquiries and that they do not rely on any warranties or representations made or purportedly made to them by or on behalf of Council.

xiv. Council will not be liable for any representations or warranties made or purportedly made by Council’s representative, any other person or company on behalf of Council, whether in the Tender, the briefing (if any) or otherwise.

xv. Council will not be responsible for any costs or expenses incurred in any way relating to the preparation and submission of Tenders.

xvi. All Tenders lodged will become the property of Council and on no account will they be returned to the Tenderers.

xvii. Council will not contract with firms under any form of external administration or with a trustee.

xviii. Council will exercise any of the powers, rights and remedies conferred on the Council by the Local Government (General) Regulation 2005 and other applicable law.

xix. Each Expression of Interest will be valid for a period of 120 days from the Expression of Interest Closing Date and Time.

xx. Any Expression of Interest delivered in a manner other than that set out in Conditions of Tender will not be considered by Council. Any Expression of Interest received by Council after the closing date and time will not, unless the Local Government (General) Regulation provides otherwise, be considered by Council.

3.8 Tenderer’s Undertakings By submitting a Tender, the Tenderer represents and warrants to Council (it is a condition of Council considering that Tender) that as at the date of the Tender:

The Tenderer has fully disclosed to Council in its Expression of Interest all information which could reasonably be regarded as affecting in any way Council’s evaluation of the Tender.

All information contained in the Expression of Interest is true, accurate, complete and not misleading in any way.

No litigation, arbitration or administrative proceedings are presently taking place, pending or to the knowledge of the Tenderer threatened against or otherwise involving the Tenderer which may cause a material adverse effect on the Tenderer’s business or professional practice or upon Council’s reputation if the Tenderer’s Expression of Interest is accepted.

The Tenderer has not and will not seek to influence any decisions made by Council during the Expression of Interest process or engage in any uncompetitive or unlawful behaviour or other practice which may deny legitimate business opportunities of other Tenderers.

3.9 Preparation and Lodgement of Tender Format of Submission

The Expression of Interest is to be submitted on the Expression of Interest Response Schedules provided in Section 5 of this Expression of Interest document, with all relevant schedules fully completed. All other Sections do not require a response.

Lodgement Procedure

There are 2 methods available for the lodgement of Tenders, manually and electronically. Detailed instructions on how to submit an Expression of Interest by either method is provided below. Tenders lodged by either method must be lodged by the Closing Date and Time.


3.9.1 Method 1: Electronic Lodgement of Tenders (Tenderlink): a) Encouragement and Undertakings about Acceptance

Tenderers are encouraged to both obtain Expression of Interest documents and to lodge Tenders electronically, through the electronic procurement website at http://www.Tenderlink.com/shellharbour

Council is committed to the Tenderlink electronic procurement system. This has the capacity to allow viewing of documents, downloading or ordering of Expression of Interest documents and for the lodgement of Tenders. This is a locked/secure file environment, accessed only after the closing deadline. Tenders forwarded to any other address will not be considered.

b) Legal Status

Tenders lodged electronically will be treated in accordance with the Electronic Transactions Act 2000 (NSW), and given no lesser level of confidentiality, probity and attention than Tenders lodged by other means.

Signatures are not required for an Expression of Interest submitted electronically. A Tenderer must ensure that an Expression of Interest is authorised by a person or persons who may do so on behalf of the Tenderer and appropriately identify the person and indicate the person’s approval of the information communicated.

Tenderers, by electronically submitting an Expression of Interest are taken to have accepted any conditions shown on the electronic procurement web site; Tenderlink.

The Principal may decline to consider for acceptance, Tenderers that cannot be effectively evaluated because they are incomplete or corrupt.

c) Electronic format for submissions

Tenders submitted electronically must be in PDF file format.

d) File compression

Tenderers may compress electronic Tenders in any format that can be decompressed by WinZip. Tenderers must not submit self-extracting (*.exe) zip files.

e) Change of Expression of Interest Form text

Tenderers must not change existing text in electronic Expression of Interest forms other than to insert required information.

3.9.2 Manual Lodgement of Tenders Tenders in accordance with this document must be submitted by the Tenderer in a sealed envelope and marked “Shellharbour City Council – Expression of Interest no. 2019/111 – Shellharbour Marina and Boat Maintenance Facility Lease at Shell Cove” and placed in the Tender box located at, Shellharbour City Council Civic Centre, Customer Service, 76 Cygnet Avenue Shellharbour City Centre. Tenders must be lodged between the hours of 8.30am and 4.30pm on normal working days and must be lodged before the Closing Date and Time.

Closing Time

Closing Date and time for the Expression of Interest is:

Tuesday 18 February 2020 at 10:00am


Place of Manual Lodgement

Tender Box Shellharbour Civic Centre 76 Cygnet Avenue Shellharbour City Centre

3.10 Tender Validity Expression of Interest submission by facsimile is not a preferred option.

E-mail Tenders

E-mail Tenders will not be accepted.

Late Tenders

Late Tenders may not be considered.

Tender Validity

Unless withdrawn, Tenders must remain valid from the closing time, for a period of 120 days.

3.11 Confidentiality Information provided in this Expression of Interest or imparted to any Respondent/Company as part of this process is confidential to Council and must not be used by the Respondent/Company for any other purpose, or distributed to, or shared with any other person or organisation. Information supplied to Council by a Respondent/Company will not be treated as commercially confidential unless specifically requested by the Respondent/Company. Information received by Council may be subject to public disclosure under the Government Information (Public Access) Act 2009 (GIPA Act) unless it is provided, relates to commercially sensitive information and meets the criteria for exemption from disclosure under the Act. By submitting a Tender, each Respondent/Company acknowledges that:

Council is under statutory obligations concerning the management and public release of information held by it and;

It will not object to the release of any information which is not clearly labelled as commercially confidential, contained in an Expression of Interest in accordance with those statutory requirements, nor claim damages from Council arising from such release.

3.12 Government Information (Public Access) The Government Information (Public Access) Act 2009 (“GIPA Act”) gives to members of the public, rights of access to official documents of the New South Wales Government, its agencies and Local Councils. The GIPA Act extends, as far as possible, the right of the community to access information (generally documents) in the possession of Government and Local Government Agencies. Section 12 of the Act also requires that the public be granted access rights to documents held by the Council.


Council normally makes public the arrangement of contracts, including, upon written request, the total contract price. Should a request be made under the GIPA Act or Section 12 of the Act, a decision by Council to grant or refuse access to Expression of Interest and/or contract documents considered to be commercial-in-confidence would normally be made only after consultation with the Tenderer or Consultant concerned. Such consultation would nevertheless be without prejudice to any decision to release the information, such decision ultimately being determined by the requirements of the GIPA Act.

3.13 Expenses No payment will be made for any expenses or losses which may be incurred by the respondent in connection with the preparation of this Tender.

3.14 Disclaimer Whilst every care has been taken by Council in the preparation of this Expression of Interest document (“Tender”), Council issues this document without any responsibility for its accuracy, completeness or omission of any information. To the maximum extent permitted by law:

Council, its officers, employees and agents will not be liable for any loss, damage, cost or expense (including without limitation any liability arising from any fault or negligence on their part) arising from or otherwise in connection with this Tender.

Tenderers release and indemnify Council from all claims, suits, demands, proceedings, actions, liabilities, damages and costs which may arise under statute, law, equity or otherwise arising from, whether directly or indirectly, or in connection with this Tender.

3.15 Investigations and Warranties Parties are responsible for making their own investigations and determinations and for preparation of their responses. Parties should examine the terms and conditions of this Expression of Interest invitation in framing their responses. Parties are advised that Shellharbour City Council, its employees, agents and contractors make no representations or warranties as to the accuracy, reliability or completeness of the information and do not have any liability arising from that information. Shellharbour City Council is not liable for any expense or loss which may be incurred by a party in preparation of the Tender.

3.16 Statement of Business Ethics and Code of Conduct Council’s employees and its Respondents/customers are bound by a Statement of Business Ethics. This requires probity in all dealings including those conducted with prospective and/or successful Respondents. Council has adopted the Statement to ensure that functions are undertaken efficiently, impartially and with integrity.

Conniving and/or inducing a breach of the Statement may constitute grounds for termination of the Contract.

Prospective Respondents are therefore required to disclose any affiliation or association with Council that could be deemed to constitute a material conflict of interest.

The link to Council’s Policy: Statement of business ethics

3.17 Collusive Tendering Collusive Tendering is prohibited under the Competition and Consumer Act 2010. Evidence of suspected collusive supply will be referred to the Australian Competition and Consumer Commission (ACCC).


3.18 Reliance on Information The information contained in the Invitation or provided in the course of the Expression of Interest process is provided by Council in good faith. Such information is intended only as an explanation of Council’s requirements and is not intended to form the basis of a Company’s decision on whether to:

Submit a Tender; and/or Enter into any contractual relationship with Council.

The information provided in this Expression of Interest documentation does not purport to be all-inclusive, or to contain all information that a Company may require, to complete their Expression of Interest or provide the Services. Council will not be liable for any loss or damage arising, as a result of reliance on the information it provides during this Expression of Interest process.

3.19 Personnel The contractor must employ in respect of this Tender, only such persons who:

a) Are skilled and experienced in the provision of the required services and b) Hold all licences permits and authorities (where applicable) necessary to allow them

to provide the Services.

3.20 Insurance The contractor must hold and maintain as required by Council, policies of insurance during the term of this Agreement to include:

a) A broad form Public Liability policy, for the amount set out on a single occurrence basis, for the minimum amount of $20M; and

b) A broad form Professional Indemnity policy, for the amount set out on a single occurrence basis, for the minimum amount of $10M; and

c) Insurance against any Claim arising by virtue of any legislation relating to Workers Compensation, or any Common Law claim brought by any person employed by it in the performance of the services; and

The Respondent must provide the Council with a certified copy of any Certificate of Currency, for any of the policies of insurance referred to in 3.24.a) above, within two (2) working days of being requested to do so by the Council.

The successful Respondent shall register their Insurance Policies with Council’s nominated Risk Management System Assessor, currently BNG Contracting Services Pty Ltd (web based contractor/consultant management system) and shall submit such information to them as requested to allow them to be accredited on an ongoing basis by the Assessor. For further information of the Risk Management System Assessor’s requirements please go to http://www.bngconserve.com.au

3.21 Engagement of Sub-Consultants a) The Respondent must not sublet the whole of the Services. b) The Respondent must not sublet any part of the Services without first obtaining the

written approval of the Council Representative. c) Any approval given to the Consultant by the Council Representative to engage a Sub-

consultant to perform any part of the Services, does not relieve the Respondent from any of the Consultant’s liabilities or obligations under the Agreement. The Respondent


is responsible to the Council for the work of the Sub-consultant or any employee or agent of the Sub-consultant.

3.22 Work Health & Safety The Respondent must comply with all statutory requirements including, but not limited to, the Work Health & Safety Act 2011 and Work Health and Safety Regulation 2017. In the event of any inconsistency, the Consultant must comply with the Regulation.

The Respondent must also comply with and ensure that its employees, subcontractors and agents comply with any acts, regulations, local laws and by-laws, codes of practice, Australian Standards and Shellharbour City Council’s WHS policy and procedures which are in any way applicable to this contract or the performance of the services under this contract.

(a) Whilst on the Site, the Respondent shall be responsible for the safety of its employees, contractors, consultants, invitees and equipment that it owns or has placed on Site. The Respondent must comply in all respects with any applicable Site safety instructions and its statutory obligations regarding work health and safety.


4 General Conditions of Contract The General Conditions of Contract that shall apply following this Expression of Interest will

be

Name of Respondent: xxxxxxxxxxxxxxx

ABN xx xxx xxx xxx

Contract

1 Interpretation In these Terms of Engagement: 'Principal' - means Shellharbour City Council 'Contract' - means the Contract referred to in Clause 1 of the

Letter. 'Contractor' - means the party which has accepted the Principal's

request as contained in the Letter for the supply to the Principal of the Professional Services.

'Services' - means the Services and work performed or required

to be performed by the Contractor pursuant to this Contract.

'The Letter' - means the Letter from the Principal to the Contractor

to which these Terms of Engagement are attached as Attachment 1.

'Nominated Person' - means each person (if any) identified as a Nominated

Person in the Letter. 2 Modification Or Variation Of Contract

Neither party may modify or vary this Contract except in writing executed by both parties.

3 Contract Materials

If this Contract is terminated by either party for any reason whatsoever, then all material (whether completed or not) produced or held by the Contractor pursuant to this Contract shall be handed over by the Contractor to the Principal and ownership of such material shall vest in the Principal. The handing over in accordance with this Clause shall be a pre-condition to the Contractor's entitlement to any payment under this Contract.


4 Quality Assurance 4.1 Whilst performing the Services the Contractor shall ensure that quality assurance is

an integral part of the Contractor's work practices. 4.2 The Contractor shall comply with all relevant Australian Standards (if any) in

performing the Professional Services. 5 Provision of Services

The Contractor shall carry out the services in a conscientious, diligent, expeditious and professional fashion and with the utmost good faith towards and in the best interests of the Principal.

6 Competency and No Conflict 6.1 The Contractor warrants that it, its employees and agents are competent and have

the necessary skills to carry out the services. 6.2 The Contractor warrants that no conflict of interest exists at the date of this

Contract. 6.3 The Contractor must immediately inform the Principal upon becoming aware of the

existence, or possibility, of a conflict of interest. 6.4 The Contractor warrants that the services to be performed under this Contract will

consist of work which does not contain material which to the knowledge of the Contractor is libellous or defamatory.

6.5 The warranties hereby given will survive termination or expiration of this Contract. 7 Duration

This Contract shall continue in force for the period agreed to or until otherwise terminated by the Principal in whole or in part by notice in writing to the Contractor, whichever shall first occur. Upon such notice being given, the Contractor shall cease or reduce work in accordance with the notice.

8 Termination 8.1 Notwithstanding anything herein contained to the contrary, the Principal may

terminate this Contract at any time and without prior notice upon the happening of any of the following events:

a. If the Contractor, its employees or agents are guilty of any dishonesty,

serious misconduct or serious neglect of duty, or are in breach of any of the terms of this Contract, or refuse to comply with any reasonable instructions or directions given by the Principal

b. If the Contractor enters into a Deed of Arrangement or an order is made for

the Contractor to be wound up c. If a receiver or receiver/manager is appointed


d. If the Contractor is placed under official management.

8.2 In the event of termination in accordance with Clause 8.1 above or otherwise, the Principal shall pay to the Contractor such sums that are fair and reasonable for so much of the services as have been carried out prior to the termination and have not already been paid for by the Principal, providing always that the Contractor shall not be entitled to claim in respect of any work done or expenses incurred contrary to the provisions of this Contract or for loss of anticipated profits.

9 Assignment

Neither party shall assign this Contract without the consent of the other party. 10 Payment and GST 10.1 Payments to the Contractor in accordance with this Contract. 10.2 The parties agree that the maximum total remuneration payable by the Principal to

the Contractor under this Contract shall be the amount (if any) referred to as the Upper Limiting Fee in the Letter but such amount may be varied by the mutual agreement of the parties expressed in writing.

10.3 The actual amount payable shall be determined in accordance with the terms as

set out in the Letter. 10.4 The expressions 'adjustment note', 'Goods and Services Tax', 'GST', 'Recipient

Created Tax Invoice', 'supply' and 'taxable supply' have the meanings given to those expressions in the A New Tax System (Goods and Services Tax) Act 1999. The Principal's ABN is 78 392 627 134.

The Contractor shall provide the Principal with evidence satisfactory to the Principal that it is registered for GST purposes and shall quote its ABN on all relevant claims for payment. If the Contractor’s registration is cancelled or revoked during the term of this Contract, the Contractor shall immediately notify the Principal.

Where the Contractor fails to notify the Principal that it is registered, the Principal shall be obliged to withhold any tax as required by law from payments it makes to the Contractor.

If the amount of GST paid or payable by the Contractor on any supply made under this Contract differs from the amount of GST paid by the Principal by reason of the Commissioner of Taxation lawfully adjusting the value of the taxable supply for the purpose of calculating GST, then the amount of GST paid by the Principal shall be adjusted accordingly by a further payment by the Principal to the Contractor, or the Contractor to the Principal as the case requires.


11 Professional Indemnity 11.1 The Contractor shall effect a professional indemnity insurance policy for the Services

covered in the contract with a total aggregate cover of not less than $10 million. The policy and such level of cover shall be maintained for seven (7) years following the completion of work. Evidence of Professional Indemnity Insurance, shall be returned with completed Contractors Statement prior to commencement of any contract works and payment thereafter.

12 Insurance 12.1 The Contractor shall effect all insurance required to be effected by it by law. Without

limiting the generality hereof, the Contractor shall arrange all necessary insurance with respect to its employees under the provisions of any relevant workers' compensation legislation and shall produce evidence of such insurance to the Principal prior to the commencement of the services.

12.2 The Contractor shall, at his own cost, effect $20 million insurance against public

risk, and shall keep the Principal indemnified against any legal liability, loss of claim or proceedings for personal injury to or death of any person or for injury or damage to property from or in any way connected with the carrying out of the works or the site thereof. Evidence of Public Liability Insurance and Workers Compensation, shall be returned with completed Contractors Statement prior to commencement of any contract works and payment thereafter.

13 Compliance with Statutes 13.1 During the continuance of this Contract the Contractor shall comply at its own costs

and expense with all Acts of both Federal and State Parliaments and all or any Regulations, By-laws, Ordinances or Orders made there under.

13.2 Without limiting the generality of Clause 13.1, the Contractor shall comply with all

laws relating to the health and safety of all persons and to the protection of the environment.

13.3 Without limiting the generality of Clause 13.1, the Contractor shall comply with the

NSW Privacy and Personal Information Protection Act 1998. The Contractor shall protect personal information from misuse, loss, unauthorised access and modification and disclosure.

14 Change of Personnel 14.1 The Principal may at any time by notice in writing to the Contractor require that the

Contractor should cease to permit a particular person or persons employed by it to be engaged in carrying out the Professional Services, and in such event the Contractor shall as soon as is practicable cease to provide the service of such person or persons in or about the Principal's business and shall provide the services of such alternative person or persons as may be acceptable to the Principal.


14.2 The Contractor shall not vary or withdraw the services of a Nominated Person except with the prior written concurrence of the Principal.

15 Confidentiality

The Contractor shall not disclose or make public any information or material acquired or produced in connection with this Contract or in connection with anything relating to the internal affairs of the Principal, except with the express written permission of the Principal or as otherwise required by law. If called upon to do so, the Contractor shall arrange for each person who is utilised by the Contractor for the purpose of this Contract to execute a Deed of Confidentiality as set out in Annexure 1. The Contractor shall, within seven (7) days thereafter, deliver each such executed Deed to the Principal.

16 Intellectual Property 16.1 The Contractor hereby irrevocably assigns to the Principal ownership of intellectual

and industrial property rights including without limitation all copyright, rights to inventions (whether patentable or not) all industrial designs (whether registrable or not) and all other intellectual property rights as are not already vested in the Principal in all materials (whether completed or not or in the course of preparation) produced in connection with or pursuant to this Contract. If requested by the Principal to do so, the Contractor will deliver all such materials to the Principal by the time specified by the Principal in its request.

16.2 The Contractor upon request of the Principal, will execute and procure the

execution of all documents and do and procure the doing of all acts and things requested by the Principal for the purpose of giving effect to this Clause. This includes actions that are required to establish and protect intellectual property in accordance with the relevant intellectual property laws. The Contractor's obligations under this Clause shall survive the termination of this Contract.

16.3 The Contractor warrants that it will not breach any intellectual property rights of any

third party. 17 Relationship 17.1 Nothing contained herein shall constitute the relationship of partnership, joint

venture or employer and employee between the parties hereto and it is the express intention of the parties that any such relationships are denied.

17.2 Neither party may act nor has authority to act as agent of, or to bind the other party

to any obligation and neither party shall hold itself out as being the agent of the other party or as having the authority to bind the other party.

18 Offers Of Employment

Neither party shall make any offer of employment to the other's employees during the currency of this Contract nor during a period of six (6) months thereafter.


19 Further Assurance

Notwithstanding that this Contract is intended to be fully binding and effecting according to its terms each of the parties hereto shall and shall procure each of their servants or agents to sign, execute and deliver all such assurances, deeds, documents, instruments and writings and shall do and shall procure to be done all such other acts and things as may be necessary or desirable to give full and better effect to this Contract.

20 Periodic Progress Reports

The Contractor shall make progress reports periodically as required by the Principal concerning the status of its engagement by the Principal and its carrying out of the services under this Contract and any associated matters.

21 Time for Completion 21.1 The Contractor will complete its obligations under this Contract on or before the

date (if any) specified in the Letter or within such further period as may be mutually agreed upon in writing by the parties hereto.

21.2 If various stages for the completion of the Contractor's obligations are specified in

the Letter, the Contractor will complete the various stages of the Professional Services by the times specified for such completion or such other times as may be mutually agreed upon by the parties hereto.

22 Severability

If any provision of this Contract is held invalid, unenforceable or illegal for any reason, this Contract shall remain otherwise in full force apart from such provision which shall be deemed deleted.

23 Joint and Several Liability

Where any party consists of more than one person, the liability as between such persons as comprise that party to the other party shall be joint and several.

24 Headings

Headings used in this Contract are for convenience and ease of reference only and are not part of this Contract.

25 Number and Gender

Words importing the singular include the plural and vice versa and words of one gender include every other gender.


26 Dispute Resolution 26.1 The Contractor and the Principal will endeavour to resolve any dispute speedily by

negotiation. If the dispute between the Contractor and the Principal is not resolved by negotiation, then before either party has recourse to litigation, the party must submit the dispute on other than actions for defamation or equitable relief to expert determination. If the Contractor and the Principal do not agree upon an independent expert ('Expert'), either may request the Australian Commercial Disputes Centre Limited to appoint an Expert and the parties shall both be bound to that appointment of the Expert.

26.2 The determination of the Expert shall be made as an Expert and not as an arbitrator

and shall be final and binding on the parties except where the Expert's determination relating to a dispute is that one party shall pay to the other an amount, or carry out work, in excess of $200,000. Such determination shall not be final and binding, provided that either party gives notice to the other party of its dissatisfaction within 28 days of the determination being given.

26.3 The Principal and the Contractor will be jointly and severally liable to the Expert for

the fees of the Expert. As between themselves, the Principal and the Contractor will each bear half the Expert's fee and each will bear their own costs of the determination.

26.4 Each party must continue to perform its obligations under this Agreement,

notwithstanding the existence of a dispute. 27 Law of Contract

This Contract shall be governed by and construed according to the law in force for the time being in the State of New South Wales, Australia.

28 Work Health and Safety (WHS)

The Work Health and Safety Act, 2011 and WHS Regulation 2017 require that employers and employees ensure the health, safety and welfare of persons in the workplace. The Contractor is required to observe all statutory/regulatory safety requirements and to provide for the protection of persons and property as part of the Contract.

While working on Shellharbour City Council premises and/or work sites the Contractor shall also comply with all Shellharbour City Council’s Work Health and Safety (WHS) policies, Procedures and Instructions as well as the Principal's Representative's directions. The Contractor shall, at all times, exercise any other necessary and reasonable precautions appropriate to the nature of the work and the conditions under which the Contract is to be performed for the safety of all persons involved in or affected by that work.


Annexure 1 Page 1 of 2

Shellharbour City Council Deed of Confidentiality

THIS DEED is made the ........................ day of ............................................... 20 .................

BETWEEN: .......................................................................................................................

of ................................................................................................................... (the 'Individual')

AND: Shellharbour City Council of 76 Cygnet Avenue, Shellharbour City Centre.

WHEREAS: This Deed relates to the Individual's involvement in Legal Services.

CONFIDENTIALITY UNDERTAKING 1a. The Individual shall treat as confidential all information disclosed to the Individual,

made known to the Individual or developed by the Individual during the course of or for the purposes of the Individual's duties carried out on behalf of Shellharbour City Council.

1b. Without limiting the generality of the preceding Clause, the confidential information

referred to in Clause 1(a) above includes Shellharbour City Council’s methods of operation; scientific or technical or other processes; business relationships and commercial arrangements, details of Shellharbour City Council's customers; data; knowledge; and opinion gained by the Individual from Shellharbour City Council and arising out of the Individual's association and duties with Shellharbour City Council.

PROHIBITION ON USE OR DISCLOSURE 2. The Individual will not make public statement or in any other way disclose any

confidential information except with the express written permission of Shellharbour City Council or as otherwise required by law.

3. The Individual will not copy, make public nor disclose to any person, group,

association or other legal entity, any document, material or object of whatsoever nature which comes into the Individual's possession or control by virtue of the Individual's association with Shellharbour City Council except with the express written permission of Shellharbour City Council or as otherwise required by law.


Annexure 1 (Continued) Page 2 of 2 4. The Individual will not disclose or otherwise make use of any confidential

information gained from Shellharbour City Council for the Individual's own benefit or the benefit of any other person, group, association or other legal entity at any time during or after the cessation of the Individual's period of duties with Shellharbour City Council except with the express written permission of Shellharbour City Council or as otherwise allowed by law.

EXCLUSIONS 5. The Individual is not bound to treat information as confidential under this Deed

where and to the extent:

(a) such information is generally known to the public; (b) it would be unconscionable to require the individual to treat such information

confidentially; (c) it would be an invalid restraint of trade under the law governing this Deed to

require the Individual to treat such information confidentially. 6. Nothing in this Deed creates or confirms the relationship of employer and

employee between the parties. COVENANT 7. Shellharbour City Council may enforce this Deed or seek damages in the event of

breach of this Deed in any court of competent jurisdiction. EXECUTED as a Deed. SIGNED by the said ) ) ......................................................................... ) .............. .......................................................... in the presence of ) ) ) ......................................................................... ) .............. .......................................................... Witness SIGNED by Shellharbour City Council by its officer

duly authorised by Power of Attorney )

) ......................................................................... ) .............. .......................................................... in the presence of ) ) ) ......................................................................... ) .............. .......................................................... Witness


5 Returnable Schedules and Information to be supplied by Respondents

It is an essential requirement for an Expression of Interest to be considered that it conforms to all requirements of the Expression of Interest documents and cover all of the works and services specified including the requirements in the Expression of Interest schedules. In order to determine the Expression of Interest capacity to successfully deliver the services, Shellharbour City Council requires all the Expression of Interest schedules to be completed. Failure to comply with this requirement could lead to rejection of the Tender.

An Expression of Interest may attach to the Expression of Interest Schedules any additional information that it wishes to submit in support of its Tender. Respondents are required to provide the following details. Details should be as brief as possible whilst still conveying the required information.

5.1 Respondent’s Profile This section request details the Respondent’s Profile, including information of the Respondent’s organisation and ownership. (Please see and complete Form 4 – Company Profile). Please also provide your responses to each of the points in the subsections below in the exact same order and number sequence to assist review.

5.2 Respondent’s Proprietorship Provide a complete profile of your Companies Proprietorship including: Particulars Response 1. Registered company name

2. Trading name (if applicable) 3. Type of company ownership 4. Date & place of incorporation 5. ACN 6. ABN 7. Registered business address 8. Postal address 9. Telephone no. 10. Facsimile no. 11. E-mail address 12. Key company contact person’s name

13. Key company contact person’s mobile no.


5.3 Returnable Schedules The following Expression of Interest Forms must be completed as part of this request for Tender:

Forms to be Filled and Submitted by Tenderers

Form No: Description Checked

Form 1 Acknowledgement of Addenda & Notices

Form 2 Respondent Details

Form 3 Declaration of Confidentiality, Compliance and No Conflict of Interests

Form 4 Company Profile

Form 5 Past and Current Relevant Experience

Form 6 Insurance Details

Form 7 Expression of Interest Pricing Proposal Schedule

Form 8 Details of Staff Nominated to Perform Services

Respondent Business Name

Tenderer Contact Person/Officer

Telephone Number

Signature

Date


Form 1 – Acknowledgment of Addenda and Notices The Tenderer must complete and submit with Tender

I/We acknowledge receipt of the following:

(Insert full name of Tenderer)

Tenderer must fully describe all documents including addenda, and any notices, which are issued by the Principle.



Telephone Number

Signature

Date


Form 2 – Respondent Details To be completed by Tenderers and submitted with Tender

Expression of Interest no. 2019/111

Shellharbour Marina and Boat Maintenance Facility Lease at Shell Cove

Full Legal name

ABN

Company Name

Business Entity Type

Trading Address

Organisation Telephone

Contact person’s details: Name:

Position

M:

E:

Contact Person’s extension:

Conditions of Participation

Please complete the Statutory Declaration. By including this document you are providing an electronic signature for this Declaration in accordance with the Electronic Transactions Act and corresponding state and territory acts.

By lodging a Tender, in accordance this Tender, I make the following declaration:

I am the ( relationship to Tenderer e.g. “ Managing Director”) of (insert the name and ACN/ABN of Tenderer) (Tenderer) and have been authorised by the Tenderer to make the statements in this Declaration personally and on behalf of the Tenderer;

I declare no conflict of Interest exists or is likely to arise which would affect performance of this organisations obligations if the Tenderer were to enter into contract and if so has been declared;

I declare this organisation is currently solvent and is not currently undergoing any proceedings or negotiations which may lead to bankruptcy or liquidation.



Telephone Number

Signature

Date


FORM 3 - Declaration of Confidentiality, Compliance and No Conflict of Interests

This statutory declaration is sworn on behalf of:

(Company)

and must be sworn by an officer of that company.

To: Shellharbour City Council (Council)

I, do solemnly and sincerely declare as follows:

1. The enclosed Expression of Interest includes all mandatory information and documentation set out in Council’s Request for Tender. The Company has also submitted other information it considers relevant to its Tender.

2. In consideration of Council agreeing to consider this offer, the Company agrees to comply with and be bound by, the conditions contained in the Request for Expression of Interest document.

3. The Company agrees to keep all information and documents relating to this review project strictly confidential and will not disclose or communicate the same to any person or persons, without the prior consent of the General Manager, or his nominated representative under this engagement.

4. This is a genuine, competitive Expression of Interest that has not been adjusted to accord with any agreement with any other person or company.

5. So far as the Company is aware, the lodgement of this Expression of Interest does not result in a conflict of interests, and in particular:

(a) no representative, officer or employee of the Company has a personal relationship with any representative, officer or employee of the Council;

(b) no representative, officer or employee of the Council has a financial interest in the Company ; or

(c) no representative, officer or employee of the Council, has a financial interest in the outcome of this Tender.

6. The Company has not done, nor will it do at any time before Council’s award of the proposed contract, any of the following:

(a) Disclose details of the Expression of Interest except where the disclosure, given in confidence, is necessary to obtain insurance associated with the Tender.

(b) Enter into any form of agreement that limits another company’s entitlement to Expression of Interest or the scope of any other Tender.

(c) Solicit or accept unsolicited information about another company’s Tender.

(d) Solicit or canvass any member of the elected Council or Council’s Audit and Risk Management Committee, about this Expression of Interest process.

AND I MAKE this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths Act, 1900 (as amended).

Subscribed and Declared by : in the presence of:

Witness (Signature) Declarant (Signature)

Name of Witness (Print Name) Qualification of Witness


Form 4 – Company Profile/Governance/Shell Cove Vision

Company Profile

Please provide details of the following:

Company history Key staff Marina experience Other relevant information

Governance

Governance framework Risk management Technology roadmap Experience in working with Governments

Shell Cove Vision

Vision for Marina, Boat Maintenance Facility and Shell Cove Precinct Local employment strategies Infrastructure suggestions


Form 5 - Past and Current Relevant Experience Tenderer must complete and submit with Tender. Tenderers must:

‐ Provide summary of 3 current/past commitments similar in nature and size completed by your organisation and all other Consultants over the past 5 years:

Commitments in similar Projects REFERENCE 1:

Organisation Name and Address:

Organisation switchboard phone number:

Client Representative Name and position:

Client Representative Phone number:

Service Provided:

Contract value and length:

REFERENCE 2:





Service Provided:


REFERENCE 3:





Service Provided:



Form 6 - Insurance Details Tenderer must complete and submit with Tender.

Provide details of insurance currently held by you and any proposed sub-contractor that would be applicable to the provision of Goods/Services under the Contract.

Expression of Interest no. 2019/111 Shellharbour Marina and Boat Maintenance Facility Lease at Shell Cove

Tenderer’s name:

Insurances

Insurance Type Insurance Cover & Details Policy/Certificate Attached

Public and Product Liability (min. $20m)

Professional Indemnity (min. $10M)

Workers Compensation

Comprehensive Vehicle Insurance

Others (specify)

I understand no physical signature is required on this Declaration; that by lodging this Expression of Interest through the Expression of Interest Box, as described in the Tender, I am automatically providing an electronic signature for this Declaration in accordance with the Electronic Transaction Act and corresponding state and territory acts.

Signature

*The successful Respondent shall register their Insurance Policies with Council’s nominated Risk Management System Assessor, currently BNG Contracting Services Pty Ltd (web based Contractor/Consultant management system) and shall submit such information to them as requested to allow them to be accredited on an ongoing basis by the Assessor. For further information of the Risk Management System Assessor’s requirements please go to http://www.bngconserve.com.au.



Telephone Number

Signature

Date


Form 7 – Detailed Commercial Pricing Proposal

Council’s objective is to determine the commercial model that provides the best overall value to the community. This means achieving the best combination of numerous factors including commercial model. Respondents are encouraged to provide innovative pricing options that may include (but not be limited to) facilities and ground rent proposals, profit sharing, revenue models or combinations of various alternatives. Respondents may also submit more than one pricing option for consideration.

In submitting the pricing proposal, the Respondent must ensure the following:

(a) Clear ‘all-up’ commercial proposal.

(b) Commercial proposal should identify revenue streams, expenses and for the full delivery of the services over the whole-of-life of the proposed Contract

(c) Demand strategies and revenue assumptions to be included

(d) Respondents are to consider all risks, contingencies and other circumstances relating to the delivery of the services.

(e) Document all assumptions and qualifications for the delivery of the services

(f) Prices should be tendered in Australian Dollars, exclusive of GST

(g) Where two or more Respondents intend to lodge a joint or consortium proposal the commercial proposal is to include all costs, fees, expenses and charges chargeable by all Respondents

Description Details

Validity of this Tender (N.B A Minimum validity period of four months is required. Respondents shall state here, any longer period for which their offers will remain valid.)

Submitted commercial proposal shall remain valid for acceptance within ______ months from the closing date of the Tender.

Price Basis The Respondent must indicate the price basis of the submitted Expression of Interest prices:

a) Firm for the duration of the contract, or

b) Firm for the initial 12 months of the contract, then subject to annual reviews agreed by both parties

ATTACH DETAILED COMMERCIAL PROPOSAL HERE


Form 8 - Details of Staff Nominated to perform the Services

Companies must complete all relevant details set out in the table below.

Name of Staff Member

Roles in the project Details of Qualifications

Details of Relevant projects

experienced


6 Appendix A – Marina Technical Information

6.1 Introduction Shell Cove is a master planned urban development centred around a boat harbour and is currently under construction. The $150 million plus boat harbour development includes excavation of a harbour basin bound by public promenade and boardwalk, and a trained entrance channel providing direct open ocean access.

The harbour development will support several integrated boating facilities to meet modern day user demands and expectations. These boating facilities have been designed in accordance with AS 3962-2001 Guidelines for the design of Marinas and include the following:

268 berth floating Marina for vessels up to 30m in length; Public jetty and pontoons suitable for berthing charter vessels; Public drop off/pick up pontoons; Temporary special event mooring areas; Boat maintenance facility supported by a 75 tonne travel lift; 120 berth dry boat storage facility; Regional scale twin lane boat ramp and car-trailer parking; On-water fuel and sewage pump-out facilities; and, Heavy duty multi-use jetty.

The design development dates back more than 20 years that has been carried out by Advisian (part of the Worley Group). Construction of the harbour development commenced in 2013 and is scheduled to be complete by May 2021. The majority of the harbour works is being constructed in relatively dry conditions assisted by regular dewatering, with the harbour to be eventually flooded.

6.2 General Layout and Facilities

6.2.1 Layout The layout of the Boat harbour is shown in Figure 1 and consists of the following:

Inner Harbour (location for the Marina, Public Jetty and Town Centre); Outer Harbour (location of boat maintenance, dry boat storage, and boat launching

facilities); and, Access Channel (defined by the Breakwater and Groyne).

Further details of the Marina layout are shown on the Reference Design drawings provided in Schedule 2 in Shell Cove EOI 2019/111.


Figure 2 - General layout of the Boat Harbour and design bed levels

6.2.2 Inner Harbour Facilities The Inner Harbour’s facilities mostly comprise of the Marina and the Public Jetty.

The Shellharbour Marina will be a higher-end marina to service both power and sailing vessels. It will be the first marina encountered when traveling south of Sydney (approximately 65km south of Port Hacking) with the next marina to south located at Batemans Bay (around 150km away).

The Marina will provide up to 268 private and casual floating berths for vessels up to 30m length. The Marina layout is shown on Figure 3 - Marina Layout and comprises of two main walkway arms extending from the shore close to the Town Center area. The Marina is to be constructed over 3 stages (refer Schedule 2 in Shell Cove EOI 2019/111) with around 2 years proposed between stages (Piles are currently being installed for all stages). Note, the staging program may be revised when a better understanding of market is developed following release of the first 115 berths in Stage 1. Demand studies over the years have been carried out which includes analysis of boat sales and usage in the area and across the State, as well as targeted surveys and an Expression of Interest for potential berth lessees. A more deterministic understanding of the marina berth demand is difficult without the opportunity to bench-mark from other nearby marinas that may otherwise exist. However, without nearby competing marinas, and being in an area with a strong boating culture coupled with limited permanent mooring opportunity, it is expected the Marina berths will be in high demand.


Figure 3 - Marina Layout

The Marina will be constructed by Walcon Marine using their hinged proprietary marina system. The pontoons will be constructed using triple skin polyethylene floatation units bolted to an aluminium frame. Concrete pontoon deck panels are proposed that will support pedestrian traffic only with all berthing, wind and wave loads to be transferred through the aluminium frame. Photographs of the proposed pontoons are provided in Figure 4 - Pontoon Design.


Figure 4 - Pontoon Design

The footprint of the Marina is within the extents of an over-excavated portion of the harbour basin that has been filled with acid sulfate soils and capped with clean sand. While this approach has benefited the Project by storing excavated acid sulfate onsite, piling for the Marina has become more challenging. As such, the piles are required to be up to 8m longer to reach the over-excavated rock level. The characteristics of the placed acid sulfate soil material is generally poor strength and variable, and therefore has not been relied upon for the Marina pile design. Furthermore, acid sulfate soils can be corrosive to unprotected steel and concrete structures that presents a durability risk. This has been mitigated with the use of HDPE sleeves to be installed to close to the full pile length.

The Marina will be fitted with Rolec pedestals with a combination of single and three phase power from 15A up to 125A, potable water and a light (refer Schedule 2 in Shell Cove EOI 2019/111 for proposed layout). Firehose reels and extinguishers are to be positioned throughout the Marina with fire hydrants at the head of each gangway. Life rings will be located on the rear side of the fire hose reels. CCTV will be installed throughout the Marina and full Wi-Fi coverage available.

The Public Jetty is a 70m long timber structure that extends from the architecturally designed Town Centre as shown in Figure 5 - Public Jetty Computer Generated Image . The Public Jetty is flanked either side by 32m long and 4m wide pontoons capable of berthing commercial charter vessels such as whale watching tours. Casual berthing would also be supported by the Public Jetty pontoons.


Figure 5 - Public Jetty Computer Generated Image

(source: Frasers Property Australia)

Around the outskirts of the Inner Harbour temporary mooring blocks have been installed that would be used to moor vessels up to 30m for special events such as boat shows.

6.2.3 The Outer Harbour Boating Facilities The Outer Harbour will support the boat launching ramp, on-water fuel and sewage pump-out services, the boat maintenance facility and the dry-boat storage (DBS). All of these components have been carefully considered to promote efficient interaction or separation with each other where required. The Outer Harbour Facilities layout is provided in Figure 6 - Outer Harbour Facilities Layout.


Figure 6 - Outer Harbour Facilities Layout

The Outer Harbour Facilities will be fitted with Rolec pedestals with a combination of single and three phase power from 15A up to 125A, potable water and a light (refer Schedule 2 in Shell Cove EOI 2019/111 for proposed layout). Firehose reels and extinguishers are to be positioned throughout the facilities with fire hydrants at the head of each gangway. Life rings will be located on the rear side of the fire hose reels. CCTV will be installed throughout the area and full Wi-Fi coverage available.

The boat launching ramp is a twin lane ramp with 5m wide lanes with an onramp pontoon in between. It is supported with close to 80 car-trailer spaces, 20 car only spaces, a triple bay wash-down area, a fish cleaning station and amenities. Adjacent to the boat ramp is a public pontoon that can be used to as a drop off/pick up area to relieve the boat launching area.

The on-water fuel and sewage pump-out services will share a pontoon. It is proposed that underground tanks will supply the fuel with up to 15,000 and 40,0000 litres of unleaded and diesel fuels respectively. The underground self-bunded fuel tanks are to be located beneath the boat maintenance facility that can be easily accessed by the delivery fuel truck.

The boat maintenance facility is to be supported by a 75 tonne travel lift to cater for both marina vessels and vessels from outside the boat harbour. With the closure of Wollongong slipway to the north, and several poorly conditioned slipways to the south, boat lift/slip opportunities are


limited and the facility will be welcomed by the local recreational and commercial boating community.

The DBS facility is located adjacent to the boat maintenance facility and will provide 120 dry berths for vessels from 8 and 10m in length. The facility is to be fully enclosed and supported by a multi-use jetty for launching/retrieving boats with a negative lift forklift.

A challenge when developing the outer harbour facilities was managing the interaction between the various user groups of the area. In particular, the harbour edge promenade is required to cross the path of the boat travel lift, the DBS fork lift and the boat ramp entry and exit routes. These interactions are to be managed with gates, signs, staff, and management plans. A further complication to the area is the industrial nature of the Outer Harbour Facilities that will have residents located nearby. Therefore, due to the sensitives at play, the Outer Harbour Facilities are being designed to minimise noise, dust and emissions while incorporating architectural design to be aesthetically accommodating to the surrounding residential environment.

6.3 Berthing and Navigation

6.3.1 Berth Numbers and Distribution The Marina berth numbers and distribution is provided in Table 1 and on the drawing provided in Schedule 2 in Shell Cove EOI 2019/111.

Table 1 - Marina Berth Schedule

Berth Size (m)

Number of Berths Total Berth Distribution (rounded) Stage 1 Stage 2 Stage 3 Total

10 1 ‐ 2 3 1%

12 34 25 24 83 32%

14 29 1 32 62 24%

16 22 14 5 41 16%

18 16 5 21 42 16%

20 10 ‐ 8 18 7%

25 ‐ 2 2 1%

28 ‐ 2 ‐ 2 1%

30 *3 5 ‐ 8 3%

All *115 52 94 **258

* 3 x 30m berths to be removed in Stage 2

** Casual, public and charter vessel berths not included

All berths in the Outer Harbour are for temporary uses that include the following:

Drop off/pick up passengers; Provided to access DBS boats; Refuelling; Sewage pump-out; and, Temporary berthing of vessels for maintenance.

6.3.2 Berth Sizes The minimum clear widths adopted for the berths are shown in Table 2 and are based on AS 3962.


Individual finger lengths are at least 80% of the vessel length.

Table 2 - Minimum Berth Size

Vessel Length Clear Width for

Single Berth Clear Width for Double Berth

(m) (m) (m)

8 4.4 7.8

10 5.0 9.0

12 5.4 9.8

14 5.8 10.6

16 6.2 11.4

18 6.4 11.8

20 6.7 12.4

25 8.0 16

28 9.0 17.5

30 9.0 17.5

6.3.3 Water Depths The harbour bed levels range from R.L. 4.0 to R.L. 5.0 m Australian Height Datum (AHD) as shown on Figure 1 and the drawings provided in Schedule 2 in Shell Cove EOI 2019/111. The required water depth for berths and navigation channels has been determined by summation of the following:

Mono-hull draft of the vessel using the berth or channel as per AS3962; One half of the incident design wave height; An under keel clearances of 0.3 (soft material) and 0.5 m (hard material); and, Allowance for sedimentation (5 to 10mm).

The astronomical tidal planes predicted for Shell Cove are presented in Table 3.

Table 3 - Predicted Tidal Planes

Tidal Plane m AHD Highest Astronomical Tide (HAT) 1.1 Mean High Water Springs (MHWS) 0.6 Mean High Water Neaps (MHWN) 0.4 Mean Sea Level (MSL) 0.0 Mean Low Water Neaps (MLWN) -0.4 Mean Low Water Springs (MLWS) -0.6 Lowest Astronomical Tide (LAT) -0.9

For marina berths in the Inner Harbour, the required water depth must be available below LAT on the basis the vessel occupies the berth in all tidal conditions during the course of any given year. Power vessels up to 30m and yachts up to 16m are not restricted within the Marina for the corresponding berth size. Yachts greater than 16m and up to 30m (typically drafts between 2.8 to 3.4m) are restricted to berth in the localised deepened area of R.L 5.0.


For the Outer Harbour Facilities where all berths are temporary, the required water depth can consider a higher reference water level of MLWS, a water level exceeded more than 90% of the time. All power vessels and yachts up to 30m are not restricted to temporarily berth in the Outer Harbour.

For manoeuvring of vessels within the boat harbour, the required water depth is generally below MLWS. Power vessels up to 30m and yachts up to 20m are not restricted to manoeuvre within the boat harbour. Yachts greater than 20m and up to 30m in length would be restricted to manoeuvrer at high water levels within the Inner Harbour (i.e. up to around the mid tide level for a 30m long yacht with a draft of 3.5m).

6.3.4 Channel and Fairways The development of the entrance channel width has considered the 1987 NSW Public Works Department “Marina Guidelines” , and AS 3962. The largest design vessel for the Marina is a power vessel 30 m long (L) with a beam (B) of not more than 10m. The proposed 80 m wide entrance between the head of the Breakwater and the head of the Groyne comfortably satisfies both the 1987 PWD and AS3962 guidelines by being 30 m in excess of 50 m (5 x B) wide, thereby providing good additional allowance for exposure to waves and reduced manoeuvrability. The channel narrows to around 60m as it enters the sheltered Outer Harbour that also satisfies the guideline documents.

Internal channels or fairways within the Marina vary in width depending on the size of the vessel in the adjoining berths. A minimum clear fairway width of 1.5 times L has been adopted where L is the overall length of the longest boat using that fairway. This is the minimum width recommended by AS 3962 and recognises that the Marina site is generally reasonably sheltered.

The fairway and channel widths proposed for the Marina have been based on the minimum requirement for the following reasons:

Sheltered waterway; Negligible wave climate; Low currents; and, Boat speeds will be very low.

The fairway and channel widths vary from approximately 45.0 m to 21.0 m. A 45.0m wide channel along the eastern side of the Inner Harbour provides access to the 30m berths in Stages 1 and 2. As this channel continues it narrows to 37.5 m that allows vessels up to 25m (including a charter vessel) to access up to the Public Jetty. All other interior channels in the Marina have been designed to provide access to berths for the intended vessel size (i.e. a 14 m berth requires at least a 21.0 m wide channel).


6.4 Schedule 2 Refer to Schedule 2 in Shell Cove EOI 2019/111.

expression of interest 2019/111...1.7 shell cove project the development of the marina is an...

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