Request for Tender Lease, fit-out and operation of the Dixon Park Kiosk, Merewether - City of Newcastle
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Tenders close: 17th August 2021 Request for Tender Lease, fit-out and operation of the Dixon Park Kiosk, Merewether Contract: 2021/845E newcastle.nsw.gov.au
Contents
1.0 The Opportunity 5
Acknowledgment 1.1 Tender objectives 5
1.2 Operational matters 7
City of Newcastle acknowledges that the site is on the 2.0 The Process 11
traditional country of the Awabakal and Worimi peoples. 2.1 Inspection of the site 11
We recognise and respect their cultural heritage, beliefs 2.2 Prepare and submit your tender
before the closing date 11
and continuing relationship with the land, and that they
2.3 Tender evaluation 11
are the proud survivors of more than two hundred years
2.4 Tenderer to inform itself 11
of dispossession. 2.5 Questions and clarifications 11
City of Newcastle reiterates its commitment to address 2.6 Tender assessment criteria 12
disadvantages and attain justice for Aboriginal and 2.7 Acknowledgement 12
Torres Strait Islander peoples of this community. 2.8 Approvals 12
3.0 Tender Submission 13
3.1 Lodgement 13
3.2 Disclaimer 14
3.3 Privacy and personal information
protection notice 14
3.4 Presentations 14
3.5 Clarifications 14
3.6 Absence of obligation 14
3.7 Reservation of rights 14
3.8 Conditions of tender 14
4.0 Timeframes 15
Attachments
Attachment A: Plans (Plan of Subdivision/NLA/Elevations)
Attachment B: Draft Lease
Attachment C: Retail Lease Disclosure Statement
Attachment D: Conditions of Tendering
Attachment E: Tender Schedules
For information about this document contact:
The City of Newcastle
Post: PO Box 489 Newcastle NSW 2300 Australia
Phone: 02 4974 2000
Fax: 02 4974 2222
E-mail: mail@ncc.nsw.gov.au
Web: www.newcastle.nsw.gov.au
May © 2021 The City of Newcastle
Authorisation: Chief Executive Officer
© 2021 City of Newcastle
City of Newcastle 3 Request for Tender Lease, fit-out and operation of the Dixon Park Kiosk, Merewether
1.0
The Opportunity
City of Newcastle (CN) is 1.1 Tender objectives 2. Demonstrate commitment to • Expertise and previous experience
providing a diverse range of food and demonstrating capability to meet all
seeking tenders to lease, Subject to the process satisfying probity
commitments outlined in this Request
beverage products, including healthy
fit-out and operate the requirements, the objective of this tender
and affordable product options. For Tender (RFT).
process is to identify a preferred tenderer
Dixon Park Kiosk (the Kiosk) in Demonstrate that a consistent and 4. Consistency of the proposed service
to bring the building from a hybrid cold
Dixon Park, off Ocean Street shell to warm shell, fit-out and lease
high level of service delivery will be with CN strategic and community
Merewether NSW 2291. maintained (refer Schedule - Product objectives (refer Schedule – Alignment
the premises. Complying tenders will
Lines & Pricing, Schedule - Management with Objectives). This criterion is further
nominate acceptable proposals for
The Kiosk is located to the south west of & Staff Resources, and Schedule - defined as the extent to which the
leasing and management of the Kiosk.
the Surf Club building, fronts the public Business Plan & Operating Hours). This tendered proposal is well aligned with
Tenders will include examples of the range
car park and is located on Community criterion is further defined as: adopted CN policy documents and
of food and beverage products offered
Land which has specific restrictions on • Providing an indicative menu that complies with the following relevant
and parameters for service delivery.
use under the Local Government Act 1993. demonstrates the diverse range of legislation:
The following objectives form the basis
The Kiosk suffered storm damage in affordable healthy food and beverage • Newcastle Coastal Plan of
for criteria against which tenders will be
2015 and whilst the shell has been product options offered to the Management 2015 (which will
assessed. Tenderers shall provide a range
repaired, the interior was stripped to community; be superseded by the proposed
of information as part of their tender
accommodate a potential alternative • Appropriate allocation and Community Land Plan of
submission to develop and manage the
future use. CN seeks to improve the management of staff resources to Management 2021);
kiosk. Tenderers are required to provide
amenity at the location, and has now ensure delivery of service to the
information which will be assessed • Newcastle 2030 Community Strategic
developed the building into a hybrid community consistent with the required
against the following criteria: Plan (City of Newcastle);
cold shell for a refreshment kiosk and has opening hours in the draft lease; and
1. Optimal revenue return on leased • Local Government Act 1993;
constructed both public seating and a
assets for reinvestment in Newcastle • Providing a business plan that includes
public shade structure on public land
Coastal Reserve facilities (refer specifying proposed hours of operation (* Note: the three current documents listed above
adjoining the beach side of the Kiosk.
Schedule - Lease Financial Offer). to illustrate how consistent delivery of are publicly available. Tenderers must rely on their
The Kiosk has an internal area of 57sqm own enquiries to ensure that all relevant reference
service will be maintained. material required for preparing their response is
as per the attached Net Lettable Area • CN will consider any tendered rental
3. Identify and recommend a tenderer obtained. Any reliance placed by a tenderer on
survey (Attachment A). structure, be it a base annual rental information provided by a CN resource or referred to
plus a turnover percentage, annual with demonstrated financial capacity within this document shall be solely at the tenderer’s
The lease term offered is for five (5) years own risk.)
rental with fixed rental increases or and the expertise to deliver on the
only.
similar hybrid models objectives of their tender stated herein
The Lessee will be required to secure its (refer Schedule – Financial Details and
own Development Consent for the fit out • CN proposes to recover statutory
Schedule - Previous Experience). This
and operation of the Kiosk, then bring outgoings from the Lessee (on a
criterion refers to the tenderer’s ability
the Kiosk from a hybrid cold shell to warm proportional basis). The Lessee will
to provide independent or verifiable
shell via the Lessee’s fit-out. also be liable for utilities consumed
evidence of:
in the Kiosk including water, sewer,
electricity, and telecommunications • Financial capacity to meet contractual
obligations over the term of the lease;
City of Newcastle
and
5 Request for Tender Lease, fit-out and operation of the Dixon Park Kiosk, Merewether
1.2 Operational matters
Tenderers will be required to enter into a It is entirely the responsibility of the tenderer
lease with CN. A copy of the draft lease to undertake the necessary due diligence
(Attachment B) and the Retail Lease and assessments to determine suitability of
Disclosure Statement (Attachment C) is the site for the proposed purpose.
provided for information purposes. Prior repair works to the Kiosk included
It is the intention of CN to offer the Kiosk in unavoidable modification to the external
its current condition. The Lessee shall be walls which saw the removal of a portion of
responsible for bringing the Kiosk from a the mural which features local surfer, four
hybrid cold shell to warm shell and fit-out of time world surfing champion, Mark Richards.
the Kiosk. The required works by the Lessee CN is committed to renew the 2 remaining
and the ability to operate the Kiosk are murals and will include Mark Richards’ input
provided for in the Newcastle Coastal Plan into the design. The Lessee will raise no
of Management 2015. The draft lease does objection to these works.
not specify a particular standard of fit-out.
CN will provide a bare shell that will include:
• New toilet and bin storage
• Hydraulics to building extremities
• New electrical distribution board only
• No joinery
• Ceiling & lighting over the toilet and bin
storage
• Public seating and shade structure
All outlets in the Kiosk (i.e., for water,
electricity, telecommunications etc.) are to
be provided by the Lessee.
No figures on past turnover of CN leased
beach kiosks are available or will be
provided.
City of Newcastle
7 Request for Tender Lease, fit-out and operation of the Dixon Park Kiosk, MerewetherCity of Newcastle 9 Request for Tender Lease, fit-out and operation of the Dixon Park Kiosk, Merewether
2.0
The Process
This tender process will be conducted 2.3 Tender evaluation 2.6 Tender assessment criteria 2.7 Acknowledgement
in accordance with the NSW Local
A Tender Assessment Panel will evaluate/ CN is not bound to accept any tender Tenderers must complete the Tender
Government (General) Regulations 2005.
review the tender submissions received submitted. CN, in its discretion, will accept Schedules (Attachment E) and submit them
CN's “Conditions of Tendering” shall apply
against the criteria set out in Section 1.1 of the tender that it determines provides with their proposal as acknowledgement
(Attachment D).
this document. the best outcome for CN. Tenders will of their understanding of the process and
The panel may decide to seek clarification be assessed on “conformity to the information requirements.
2.1 Inspection of the site documentation” and “value for money”
from any or all tenderers by requesting
Any tenderer wishing to attend a pre-tender further information or require a preferred (i.e., the most cost effective offer determined 2.8 Approvals
inspection of the Kiosk must contact tenderer to make a presentation. by considering all price and non-price
The Newcastle Coastal Plan of Management
Michael Rathborne by email at factors relevant to the proposed lease).
2015 authorises upgrading of the Kiosk and
mrathborne@ncc.nsw.gov.au to pre-register A summary of the assessment criteria as fully
2.4 Tenderer to inform itself expressly authorises a lease for the purpose
and confirm their attendance at one of the detailed in Section 1.1 of this document are:
The documentation provided by CN is for of a kiosk.
following inspections:
• Optimal revenue return on leased assets. The Lessee will be required to secure its
information purposes only. Tenderers are
• 11.00 a.m. to 12.00 p.m.
to make their own enquiries, investigations, • Demonstrated commitment to providing own Development Consent for the fit out
on Monday 26 July 2021
measurements and assessments. The a diverse range of food and beverage and operation of the Kiosk including waste
• 11.00 a.m. to 12.00 p.m. products inclusive of healthy and management and removal. CN will provide
tenderer shall be responsible for any
on Monday 2 August 2021 affordable product options. Landowner’s consent to the Development
interpretation, deduction and conclusion
Attendance is at the tenderer's expense and made from the information made available • Demonstrated commitment to providing a Application. The Lessee will be responsible
discretion. and accepts full responsibility for any such consistent and high level of service delivery. for the cost of its waste management and
interpretation, deduction and conclusions. • Financial capacity and expertise to removal.
2.2 Prepare and submit your tender manage kiosk operations for the term of As the lease will be over Community Land for
before the closing date 2.5 Questions and clarifications the lease. a period of no more than five (5) years, the
Your tender proposal should meet all the • Consistency of proposed product and lease shall be in accordance with Section
All enquiries relating to this RFT must be
requirements of this information package service provision with strategic and 47A of the Local Government Act 1993.
directed to the nominated Project Officer,
to be eligible for consideration during the community objectives outlined in the Public notice of the proposed lease is to be
Michael Rathborne via the online forum at
evaluation process. Newcastle Coastal Plan of Management given and CN will be required to consider
www.tenderlink.com/newcastle .
2015 and the Newcastle 2030 Community any written submissions. The costs of
The tender proposal lodged shall remain Alternatively, you can contact Michael
Strategic Plan. advertising such notice will be borne by CN.
valid for acceptance until execution of the Rathborne on telephone: (02) 4974 2719
lease with the successful tenderer. or via email at mrathborne@ncc.nsw.gov.au.
Tender closing date is 2.00pm on Tuesday 17 Any verbal enquiries are to be confirmed
August 2021. in writing.
City of Newcastle
11 Request for Tender Lease, fit-out and operation of the Dixon Park Kiosk, Merewether3.0
Tender Submission
In the preparation and submission of a 3.1 Lodgment 3.2 Disclaimer 3.5 Clarifications
Tender and without limiting the tenderer’s
(Refer to the detailed requirements of Clause CN and its officers, employees and Following receipt of the tender submissions
obligations, the tenderer shall:
11 of the Conditions of Tendering) consultants make no representation and prior to awarding the tender, CN
• submit a tender which includes all Schedules
Electronic (preferred): Submissions must be or warranty, express or implied, to any reserves the right to seek clarification with
including the Schedule - Tenderer’s
lodged in the electronic Tender Box at tenderer or any of its employees, agents or tenderers where appropriate.
Declaration and any other declaration
www.tenderlink.com/newcastle by the time consultants:
required completely filled in and signed,
together with any other documents,
and date nominated. (Respondents will a) that any information of any nature 3.6 Absence of obligation
receive a Successful Submission Receipt whatsoever in relation to this RFT
information and details necessary to make No legal or other obligation shall arise
upon completion.) including the accompanying documents,
the tender complete; between a tenderer and CN unless and until
Hardcopy or fax tenders: Formal (hardcopy) whether provided in this RFT or otherwise formal documentation has been signed and
• not submit a tender without a firm intention
submissions must be lodged in the Tender and whether provided on, before or after all necessary approvals and consents have
to proceed;
Box, by the date and time nominated, and the date of this RFT, is or will be, accurate been obtained.
• not engage in any form of collusive practice; must be enclosed in a sealed envelope or or complete, and
• not directly or indirectly canvass support package and clearly endorsed: b) that reasonable care has been or will 3.7 Reservation of rights
from an elected member or employee of CN 2021/845E: Dixon Park Kiosk Lease be taken in completing, preparing or
at any time. In addition to any reserved rights set out
The Tender Box – City of Newcastle providing such information.
elsewhere in this RFT, CN reserves the right,
Ground Floor, City Administration Centre
without assigning any reasons, to:
12 Stewart Avenue 3.3 Privacy and personal information
• negotiate with one or more tenderer at
NEWCASTLE WEST NSW 2302 protection notice
any time without prior notice to any other
NOTE: Lodgement of late submissions Tenderers are advised that all (if any) recipient of this RFT;
will not be accepted. personal information required to be provided • terminate at any time further participation
with their tender submission is intended only in this process by any party;
Tender Closing Date:
for use by CN staff. The purpose being for
2.00pm on Tuesday 17 August 2021 • proceed with the tender process on a basis
the assessment of tenders (in accordance
or on terms different to those described in
with the Local Government (General) this RFT;
Regulations 2005). The information will be
• cancel, vary, supplement or supersede this
stored at the City Administration Centre in
RFT or any of the matters set out in it at
accordance with the requirements of the
any time;
State Records Act 1998.
• postpone, delay, suspend or cancel the
process;
3.4 Presentations
• test community reaction to proposals prior
A tenderer may be requested to make oral to making any decision on the future use of
presentations of its tender proposal to the the Kiosk.
Tender Assessment Panel.
3.8 Conditions of tender
City of Newcastle
CN’s Conditions of Tendering Edition 6 April
2020 (Attachment D) govern this tender.
13 Request for Tender Lease, fit-out and operation of the Dixon Park Kiosk, Merewether4.0
Timeframes
Anticipated timeframes for each of the
stages are outlined below. In the event of
unforeseen delays, these timeframes may be
subject to change.
Request for Tender Process
Stage Anticipated Date
RFT opens 19 July 2021
RFT closes 17 August 2021
First inspection 26 July 2021
opportunity
Second inspection 2 August 2021
opportunity
Shortlist and assess 30 August 2021
RFT submissions
If required, seek 6 September 2021
clarification from
Tenderers and
negotiate Lease
Lease Agreement
Stage Anticipated Date
Publicly advertise 21 September to
the proposed lease 19 October 2021
(28 days required for
public submissions)
and consider any
submissions
Enter into lease 20 October 2021
agreement
City of Newcastle
15 Request for Tender Lease, fit-out and operation of the Dixon Park Kiosk, Merewethernewcastle.nsw.gov.au
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