TAURANGA'S HEART OF THE CITY - Registration of Interest STRATEGIC ACTIVATION AND PLACE MAKING IN - Downtown Tauranga
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1 REGISTRATION OF INTEREST Registration of Interest STRAT EGI C A C T I VATI O N A N D PLAC E MAKI N G I N TAURANGA’S HEART OF THE CITY
2 REGISTRATION OF INTEREST SECTION A – OVERVIEW Create a sensational and surprising place that draws people into the city centre 1. INTRODUCTION 1.1 Purpose of Registration of Interest Decisions on the museum and library will be part of the 2018-28 Long Term Plan deliberations in June 2018. We invite interested parties to register their interest and submit their proposals to Tauranga City Council for the The space will be available for activation for a minimum activation and place making of the soon to be vacant of 12 months. land at 91 Willow Street. Following the demolition of Tauranga City Council (TCC) wants to reinvigorate the Council’s administration building, approximately 1,800m² Tauranga city centre by creating a destination full of of space will be available until such a time as other choices for people to enjoy. Activities, eateries and projects commence on this land.* music to delight and to bring people back to the heart of This opportunity is part of the Heart of the City Tauranga. programme, which Council’s Elected Members approved in September 2016, to transform Tauranga’s city centre. The Heart of the City programme is the progression of a range of Council-led projects in the city centre, intended to create a more vibrant, safe and successful Tauranga city centre. The projects include a new civic administration building and surrounding open space, business cases for a museum, city library and A talented and A city with heart A city of great performance venue, future investment in the waterfront innovative city and soul spaces, places and and streetscape, seeking a private developer to build a full of opportunity environments hotel on the Council-owned 21-41 Durham Street site, and living in the city centre. One of the first steps is to demolish the existing Council administration building, due to its poor condition and remediation of the building not being a viable option. The demolition of the administration building is programmed to start in April 2017, and is currently * The site is adjacent to the public scheduled to be completed in September 2017. transport bus terminal and has The demolition site will remain in place as a publicly direct sight lines to the waterfront accessible transitional space until such a time as other across Masonic Park. It is also projects commence on this land. These projects could next to the Tauranga City be a new museum and/or library, for which Council is Library which generates more developing business cases for, or potentially other uses. than 7,200 visits per week.
3 REGISTRATION OF INTEREST 1.2 Tauranga’s Heart of the City Tauranga City Council’s shared aspiration for Tauranga is Council-led projects encompassed within the Heart to be an ‘Internationally Competitive City’. of the City programme include: An internationally competitive city is one where people - the new civic administration building and want to live, work and invest. To sustain our growing city, surrounding open space we need talented people, businesses and investors to - business cases for a museum, a new library and choose Tauranga. In a globalised economy we’re now in performance venue competition with other cities and countries in this space. - future investment in the waterfront and Great cities have vibrant city centres. The purpose of the streetscape Heart of the City programme is to work in partnership to create a vibrant, safe and successful city centre, where - living in the city centre. more people want to live, work, learn and play. This is in line with the City Centre Strategy, which seeks to establish the city centre as the commercial, civic and cultural heart of the sub region. The purpose of the Heart of the City Programme is to maximise the delivery of: - a more vibrant safe and successful city centre - improved value for money for the community - local and regional economic development - to encourage more people to visit the city centre and stay longer.
4 REGISTRATION OF INTEREST 1.3 Strategic Activation 1.4 Lease Opportunity Once Council’s administration building is demolished, We are inviting interested parties to register their interest the site effectively acts as a temporary ‘placeholder’ and submit their proposals for the activation and until such a time as it is developed. During this time, it is programming of the soon to be vacant land at 91 Willow important to activate the space to support the objectives Street. of the Heart of the City programme. The space will be available following the completion of In addition to the programme objectives, the objectives the demolition of the existing Council administration of the strategic activation of the space are as follows: building at 91 Willow Street, which is anticipated to be in September 2017. - To provide a coordinated offering of activities in the space that aligns with and enhances the Heart We offer the Site lease for activation for a minimum of of the City programme of work 12 months. The space will be available until such a time as investment decisions are made on the museum and - To provide opportunities for the residents and city library, and subsequent physical work occurs in this visitors to utilise and enjoy the space. space. Extensions of the initial 12-month term will be on - To take an amazing central location and make the an as agreed basis. city centre exciting and relevant to new markets During this time it will be desirable that the space is: and demographics. a) Programmed with ongoing activities, - To provide a range of activities that link to the entertainment and ways for the public to enjoy the potential future uses of the land, being a museum space. and city library b) Freely accessible to the public for their enjoyment The City Centre Strategy provides an outline of the when activities are not programmed. objectives of public spaces: c) Programmed to enhance the city centre as a - To enhance the outdoor life of the City Centre destination. through the quality of its open spaces. d) Used to showcase local talent. - To provide a diversity of public spaces across the City Centre that serve a range of different e) Networked with other city centre activities functions, from small plaza spaces to large scale and events. gathering spaces for major public events. - To enhance the appearance and amenity of the street spaces in the City Centre to ensure a vibrant and active street scene. - To utilise landscape and public art that projects the character and uniqueness of Tauranga. - Enlivens public spaces and showcases local talent.
5 REGISTRATION OF INTEREST 1.5 Design of Space and Services Council will undertake the physical works to establish the platform for the space. Council will work with the successful provider in the design of the space and provision of services such as water supply, power points, lighting and CCTV coverage. Public toilets are located adjacent on Masonic Park. Council does not anticipate providing any ongoing financial support for the activation opportunity. 1.6 Lease Agreement Details Clauses covering the following points will be included in the lease agreement: a) The successful provider will manage the use of the Site. Should any other parties express an interest in the use of the Site, they will be directed to the successful provider for coordination. b) The space cannot be used for events, advertising or activities that directly compete with the objectives of the space. For example, promoting or advertising activities or businesses outside of the city centre. c) The successful provider will be required to undertake stakeholder management. d) The successful provider will meet regularly with Council’s City Events team to coordinate and integrate the programming with other events. e) The successful provider will be responsible for ongoing operational and regulatory fees. f) H&S - provider will manage H&S compliance. Council will assist through review and comment on activity specific safety plans.
6 REGISTRATION OF INTEREST 2. DESCRIPTION OF REQUIREMENTS 2.1 Proposal Details We are inviting interested parties to register their interest and submit their proposals that clearly set out the following: a) Vision and objectives for the space. b) The type of community and/or business activities proposed and details of how these relate to the Council and the community’s vision and objectives for the space. c) The facilities that will be provided, including service/storage methods. d) Any images or reference images that communicate the vision and facilities provided. e) A sample programme of events and activities. f) The opening hours proposed, and a minimum standard of activities and programming. g) Any requirements or expectations that proposals have of Council. h) Details of experience and track record and examples of working in place management and activation. i) H&S policy and procedures. Note: It is the provider’s responsibility to carry out full due diligence before submitting response proposal, including but not limited to, investigating: 1. Regulatory consent requirements. 2. Mobile Shop Licence including Health Inspections. 3. Any other regulatory approvals required to undertake the activity.
7 REGISTRATION OF INTEREST SECTION B – ROI PROCESS 3. REGISTRATION OF INTEREST PROCESS 3.3 Communication 3.5 Evaluation criteria 3.1. Timetable No communication will be entered into with any of the Proposals will be selected against the criteria set out below: respondents except, in the following circumstances: The anticipated timetable for this ROI process is as follows: • Clarification of the ROI document by respondents ROI – SPECIAL WEIGHT (only prior to the prescribed closing date); or REQUIREMENTS CONSIDERATIONS (%) ACTIVITY DATE • Tauranga City Council seeking clarification of Proposal is compatible How the proposal 40% aspects of submitted responses. with Council and the delivers on Registration of Interest – 29 March 2017 community’s vision and the vision and Released All communication and/or correspondence between objectives for the city objectives any respondent and Tauranga City Council will be centre Registration of Interest – conducted in writing through the following Authorised 2pm, 13 April 2017 Closes Representative: • The type of Community community and/or outcomes are Tauranga City Council Authorised Representative business activities maximised Respondents notified of 25 April 2017 proposed and outcome Clinton Bowyer details of how Email address: clinton.bowyer@tauranga.govt.nz these relate to the Respondents are to note that this timetable is indicative Tauranga City Council will not be bound by any Council and the statement, written or verbal, made by any person community’s vision only, and may be subject to change at the sole discretion and objectives for of Council. other than the Tauranga City Council Authorised the space Representative stated in this section. The Tauranga City 3.2 Canvassing Council Authorised Representative is the only person • A sample authorised to make representations or explanations programme Respondents will not canvass any Tauranga City Council regarding this ROI document. of events and employees, contractors, consultants, Elected Members activities. or anyone who has a direct working relationship with 3.4 ROI Questions • The opening hours The space is Tauranga City Council, other than the Authorised proposed, and a available and Representative, in relation to this ROI. Any respondent Questions can be submitted in writing via email to the minimum standard activated during found to be canvassing, or to have canvassed, any Authorised Representative identified in section 3.3 of this of activities and both day time and Tauranga City Council employee, contractor, consultant, ROI document. Questions and answers that Tauranga programming evening periods Elected Member or anyone who has a direct working City Council deems relevant to all respondents will be published to all respondents. • H&S relationship with Tauranga City Council, other than the Authorised Representative, regarding this ROI may be Illustrated disqualified from further participation in this and/or any proven track subsequent process. Proven Track Record record including 60% examples of previous work Financial Viability PASS / FAIL
8 REGISTRATION OF INTEREST 3.6 Clarification of responses Respondents may be asked to clarify aspects of their ROI response, or provide additional information during the ROI evaluation. These requests will require a response within two working days, or the time specified in the written request from Tauranga City Council’s Authorised Representative. Failure to respond to such a request within the stated timeframe may result in the exclusion of the ROI response from further consideration. 3.7 Communication of outcome All respondents who submit an ROI response will be notified in writing of the outcome of this ROI process. 3.8 Shortlisting and negotiation Tauranga City Council reserves the right to proceed directly to negotiation with shortlisted respondents. Should negotiations between Tauranga City Council and the preferred respondent(s) be unsuccessful, then Tauranga City Council reserves the right to re-evaluate the other shortlisted proposals. Further negotiations may commence if there is a proposal selected from this re-evaluation. Tauranga City Council is not bound to shortlist and negotiate an agreement with any respondent.
9 REGISTRATION OF INTEREST 4. ROI RESPONSE 4.1 Form, content and preparation of ROI response all information requested in this ROI document. In submitting a response to this ROI opportunity, the Responses must: respondent accepts, and agrees to comply with, the • be received on or prior to the time at the date provisions of the ROI documents. Respondents should stipulated as the closing date. Late responses may not submit one response only, although this response may be accepted by Tauranga City Council; include one or more options/solutions. Responses are to be signed by the respondent. • be placed in a sealed envelope clearly marked “Registration of Interest for Strategic Activation and The cost of preparing and submitting a response shall be Place Making of Tauranga’s Heart of the City” and borne by the respondent. All responses will be retained “Commercial in Confidence”; by Tauranga City Council. • be addressed to the place of closing, marked for the 4.2 Submission of ROI responses attention of the contact name; and The ROI will close at 2pm on the 13 April 2017. • comprise one copy of your response. The responses can be submitted electronically to clinton. Any response received by Tauranga City Council that bowyer@tauranga.govt.nz or dropped off to Council’s does not conform to all of the above conditions may be Tender Box. rejected, at the sole discretion of Tauranga City Council Emailed submissions must be a maximum of 10MB. Any request for an extension of the closing date is likely The place of closing is: to be declined. Tender Box Tauranga City Council Reception Area 91 Willow Street Tauranga Responses must be submitted in the format at Section C of this document, and must be clear, legible and provide
10 REGISTRATION OF INTEREST 5. ROI CONDITIONS 5.1 Rights reserved by Tauranga City Council 5.4 Clarification of information 5.8 Copyright Tauranga City Council reserves the right to: Responses to requests for clarification that relate solely to one Copyright in every document (electronic and paper) comprising this respondent will be provided to the respondent requesting the ROI belongs to Tauranga City Council. All rights are reserved. This • re-advertise this ROI; clarification. All other clarifications issued by Tauranga City Council ROI document must be kept secure, and must not be used, stored, • suspend or cancel (in whole or in part) this ROI process and/or will be provided to all respondents by way of a Notice to Tenderers copied or passed on in any form by any means without Tauranga the overall procurement process; (“NTT”). City Council’s prior written consent in each case. • not proceed to negotiation; • waive any irregularities or informalities in this ROI process; 5.5 Information complete and accurate 5.9 Conflict of interest • amend the closing date for submission of ROI responses, Each proposal must include the information as required by Tauranga Respondents should disclose any conflicts of interest in relation or any other date referred to or implied in this ROI, by the City Council in this ROI. Information not specifically required by the to the matter covered by this ROI. (Refer to the conflict of interest issuance of a written notice; ROI, but believed by the respondent to be of value in evaluating the disclosure form at the back of this ROI document). • vary this ROI by way of notice to tenderers; responses, should be included as an addendum. • enter into discussions and/or negotiations with any one or All respondents warrant that: 5.10 Acceptance of gifts more responders relating to matters dealt with in this ROI; • all information provided in their response is complete and In compliance with Tauranga City Council policy, gifts, inducements, • not to proceed to evaluation of ROIs; accurate in all material respects; and promotional products or services, etc. should not be offered to • seek clarification of any aspect or information provided in an any Tauranga City Council employee, agent, consultant, Elected ROI response, or seek further information from any party; and • the provision of information to Tauranga City Council, and the use of it by its employees, agents or contractors for Member or contractor acting on behalf of Tauranga City Council at • consider, accept for evaluation or reject any response received the evaluation of responses and the possible subsequent any time. Any respondent attempting to provide gifts, inducements, after the ROI closing date. negotiation and implementation of a licence to occupy promotional products or services to any Tauranga City Council agreement, will not breach any third party’s intellectual employee, agent, consultant, Elected Member or contractor acting property rights. on behalf of Tauranga City Council may be disqualified from the 5.2 No obligation to discuss evaluation process. Nothing contained or implied in this ROI shall oblige Tauranga City Council to discuss, justify or give reasons for any of its decisions 5.6 Confidentiality 5.11 Governing law or actions relating to this ROI or any response. Respondents who This ROI, and the information supplied by Tauranga City Council are not selected from the ROI evaluation process, will be advised in (either itself or through its consultants or advisors) in connection This ROI is governed by New Zealand law, and the New Zealand writing that they have been unsuccessful and will be provided with a with this ROI, is confidential. You must not release or disclose any of courts have exclusive jurisdiction to all matters relating to this ROI. debrief, if requested. the information to any other person (other than your employees or advisors) without the prior written consent of Tauranga City Council. 5.12 Subject to contract 5.3 Tauranga City Council’s liability for information disclosed Respondents are advised that Tauranga City Council is subject to All parties submitting an ROI response agree that: While Tauranga City Council endeavours to supply correct the Local Government Official Information and Meetings Act 1987, and respondents should make their responses “Commercial in • this ROI and any provision contained in it does not give rise to a information, it disclaims, to the extent allowed by law, any liability Confidence” if they wish to protect specific information. Tauranga separate process contract between Tauranga City Council and (in contract and in tort, including negligence) to any party or other City Council cannot, however, guarantee that information marked as that party; and person if they rely on any information provided by Tauranga City Council in relation to the ROI. such can be protected if Tauranga City Council receives a request for • nothing in this ROI, or in the relationship of Tauranga City Council information under that Act. and that party, imposes any duty of care on Tauranga City Council, Those submitting ROI responses will be deemed to have: and any such duty of care is expressly excluded. • examined this ROI and all documents referenced (if any); 5.7 Advertising and statements • considered all the risks, contingencies and other circumstances that No advertising, press release, public statement or other information may have an effect on their response; and relating to the ROI, any subsequent proposal or licence to occupy • satisfied themselves as to the correctness and sufficiency of their agreement shall be published by the respondent without the prior responses. written consent of Tauranga City Council.
11 REGISTRATION OF INTEREST SECTION C – INFORMATION REQUIRED FROM RESPONDENTS INSTRUCTIONS SPECIAL 6. GENERAL ROI REQUIREMENTS You are required to answer each question and/or provide CONSIDERATIONS Provide an executive summary of your ROI outlining the the information requested in this section. You must use this key advantages of your ROI to Tauranga City Council titling system in your response and respond in the same Proposal is compatible • How the proposal and business and community, and how you will meet sequence. Where a question is not relevant to your ROI with Council and the delivers on Tauranga City Council’s requirements. response, you must indicate “N/A” or “Not Applicable” community’s vision the vision and and objectives for the objectives Provide a company profile that includes: against the respective question number in your ROI response. If the question invites you to comment and you city centre choose not to, then you must indicate “No Comment” INFORMATION REQUIRED • The type of against the respective question number in your ROI community and/or response. A “No Comment” may constitute a fail during Company Trading Name business activities evaluation. proposed and The ROI response form, Declaration form and Conflict of details of how Company Legal Name Interest form contained in this section must be completed, these relate to the signed and returned, along with your responses to the Council and the Address details questions. community’s vision and objectives for Company contact (this is the person that Tauranga Any partial compliance or non-compliance with the space City Council will contact for any queries relating to requirements must be clearly described in your response. • A sample • Community this ROI) programme of outcomes are events and activities maximised Company negotiation contact (person with sufficient authority to negotiate on your company’s behalf • The opening hours • The space is without reference to other parties either overseas or proposed, and a available and in New Zealand) minimum standard activated during of activities and both the day time Detail of any existing or past relationships with programming and evening periods Tauranga City Council • H&S Detail of Health & Safety Risk Assessment and Illustrated proven Hazard Identification track record including Proven Track Record examples of previous work Financial Viability PASS / FAIL
12 REGISTRATION OF INTEREST 7. FINANCIAL VIABILITY Tauranga City Council may use an independent credit rating or other organisations to conduct financial assessments and reports. For this assessment to be completed, a representative from such an organisation may contact you concerning the financial information that you provide in response to this ROI. INFORMATION REQUIRED Is the respondent solvent, and able to meet its debts as and when they fall due in the normal course of business? Yes (provide information) No Are there any significant events, matters or circumstances which have arisen since the end of the last financial year which may affect the operations of the respondent? Yes (provide information) No Are there any mergers or acquisitions that can be notified, either recent (within the past 12 months) or which are imminent? Yes (provide information) No Are there any court proceedings of any kind, actual or threatened, against the respondent, its parent or associated entities or any director of the respondent, its parent or associated entities within the past 5 years? Yes (provide information) No Are there any actions of insolvency proceedings, actual or threatened (including voluntary administration) against the respondent, its parent or associated entities? Yes (provide information) No Are there any factors which could (in your opinion) impact on the financial ability to successfully perform the contract? Yes (provide information) No 8. ASSUMPTIONS Detail any assumptions that you have made in responding to this ROI.
13 REGISTRATION OF INTEREST FORM OF REGISTRATION OF INTEREST PROJECT NAME: Strategic Activation and Place Making in Tauranga’s Heart of the City THE PARTY(IES) SUBMITTING THIS ROI RESPONSE ARE: ADDRESS FOR SERVICE: WE ACKNOWLEDGE RECEIPT OF NOTICES to TO TENDERERS NUMBERED: On behalf of the party(ies) submitting this ROI response, I/we confirm that I/we have fully understood the requirements set out in the ROI documents, and that none of the information submitted by me/us breaches any third-party copyright. In lodging this response the respondent also warrants: • that they did not rely on any express or implied statement, warranty or representation, whether oral, written, or otherwise made by or on behalf of Tauranga City Council, its officers, employees, agents, contractors or advisers other than any statement warranty or representation expressly contained in the ROI document and any Notice To Tenderers documents issued relating to this ROI document. • that it did not use the assistance of Tauranga City Council employees, or information unlawfully obtained from Tauranga City Council in compiling its response. Rental Proposed: Insert dollar amount plus GST. Site Area required for Licence to Occupy: insert area m2 Please provide a site plan and full description of how you intend to set up on the site to submit with your proposal. Dated: Signed by: for and on behalf of the submitting party(ies)
14 REGISTRATION OF INTEREST DECLARATION Strategic Activation and Place Making in Tauranga’s From: Heart of the City Tauranga City Council I/We declare that the information provided to Tauranga City Council in response to the ROI for a Licence to Occupy Tauranga All respondents submitting a response to the Registration Waterfront Land is true and correct in all aspects. of Interest (“ROI”) for Licence to Occupy Tauranga Waterfront Land are required to complete and sign this declaration confirming that the information given to Tauranga City Council in response to the ROI, and any Declared at this day of 20 other documents provided as part of their response to this ROI, is true and correct in all aspects. Signature (of duly authorised officer): Full Name and Designation:
15 REGISTRATION OF INTEREST CONFLICT OF INTEREST DECLARATION Strategic Activation and Place Making in Tauranga’s Heart of the City If “Yes” please advise your strategy for managing the conflicts of interest noted above, and identifying and preventing conflicts of interest during the contract period. The respondent hereby confirms that it, and its staff, agents, consultants and partners do not have and are not aware of any actual or potential conflicts of interest which may arise between Tauranga City Council and the respondent, unless indicated below. Are you aware of any actual or potential conflicts of interest? No There are no conflicts of interest. Please provide details of your strategy for identifying, managing and preventing conflicts of interest during the contract period. RESPONDENTS NAME: AUTHORISED SIGNATURE: DATE: Yes Please provide details of any engagements, obligations or commitments that the respondent or any of its staff, consultants and partners have or are likely to acquire which may give rise to any actual or potential conflict of interest with any of the services that may be required as a result of this process or in connection with the proposed contract.
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