REQUEST FOR TENDERS - Lockyer Valley Regional … · A water connection will be provided to the Site to cater for the Project. The proposed water reticulation will not meet firefighting

LVRC-15-68 Purchase and Development of Agricultural Industry Food Processing Facility – Lot 5 on SP270923 Page 1 of 40

REQUEST FOR TENDERS

for

Purchase of Land & Development of an Agricultural Industry Processing Facility

Lot 5 on SP270923, Philps Road, Grantham

TENDER NO: LVRC-15-68

Release Date: 8.00am Wednesday 9 December 2015

Closing Time: 4.00 p.m. Wednesday 13 January 2016

Validity Period: 90 days

Council contact: Jamie Simmonds, Executive Strategy Adviser to the Mayor / CEO

Email: [email protected]

Method of lodgement: Council Tender Box – in-person

An original and two copies are to be placed in a sealed envelope and deposited in the Council Tender Box located in Council Reception at 26 Railway Street, Gatton

And/Or:

An electronic copy is to be emailed to [email protected]

The Tenders Number, description, closing date and time are to be endorsed on the front of the sealed envelope or in the Subject line of the electronic submission.

mailto:[email protected]



TABLE OF CONTENTS

PART 1 – SPECIFICATION .............................................................................................................................................................. 4

EXECUTIVE SUMMARY ..................................................................................................................................................................... 5 1. INTRODUCTION .................................................................................................................................................................... 5 2. PURPOSE .............................................................................................................................................................................. 5 3. TIMETABLE ........................................................................................................................................................................... 5 4. BRIEFING AND SITE INSPECTION .......................................................................................................................................... 6 5. CLARIFICATIONS ................................................................................................................................................................... 6

THE OPPORTUNITY ........................................................................................................................................................................... 6 6. LOCATION AND ATTRIBUTES ............................................................................................................................................... 6 7. ABOUT GRANTHAM & THE LOCKYER VALLEY ...................................................................................................................... 7

PROJECT OBJECTIVES ........................................................................................................................................................................ 7 8. COUNCIL’S OBJECTIVES ........................................................................................................................................................ 7

PROJECT REQUIREMENTS ................................................................................................................................................................. 8 9. DEVELOPMENT APPROVAL AND LAND USES ....................................................................................................................... 8 10. MINIMUM REQUIREMENTS ............................................................................................................................................. 8 11. SERVICES AND SITE INFRASTRUCTURE ............................................................................................................................ 8 12. FINANCIAL AND COMMERCIAL ARRANGEMENTS ........................................................................................................... 9 13. ALTERNATIVE TENDERS ................................................................................................................................................. 10

EVALUATION CRITERIA ................................................................................................................................................................... 11

PART 2 – TENDER CONDITIONS .................................................................................................................................................. 12

INTRODUCTION .............................................................................................................................................................................. 13 1. SPECIFIC DETAILS OF REQUEST .......................................................................................................................................... 13 2. DEFINITIONS ...................................................................................................................................................................... 14 3. INTERPRETATION ............................................................................................................................................................... 17

SUBMITTING TENDERS ................................................................................................................................................................... 18 4. TENDERS ............................................................................................................................................................................ 18 5. HOW TO SUBMIT TENDERS ................................................................................................................................................ 18 6. WHEN TO SUBMIT TENDERS .............................................................................................................................................. 18 7. EFFECT OF SUBMITTING A TENDER ................................................................................................................................... 19 8. TENDERER'S RESPONSIBILITIES .......................................................................................................................................... 19 9. SITE VISIT ........................................................................................................................................................................... 20 10. ALTERNATIVE TENDERS ................................................................................................................................................. 20 11. TENDER PROCESS........................................................................................................................................................... 20

TENDER EVALUATION ..................................................................................................................................................................... 20 12. OPENING OF TENDERS ................................................................................................................................................... 20 13. NON-CONFORMING TENDERS ....................................................................................................................................... 20 14. EVALUATION OF TENDERS ............................................................................................................................................. 21 15. REFEREES ....................................................................................................................................................................... 21 16. TENDER MODIFICATION ................................................................................................................................................ 22 17. ACCEPTANCE AND REJECTION ....................................................................................................................................... 22

POST-EVALUATION PROCESSES ...................................................................................................................................................... 23 18. EFFECT OF LETTER OF NOTIFICATION OF PREFERRED TENDERER STATUS .................................................................... 23 19. VALIDITY PERIOD ........................................................................................................................................................... 23 20. POST-TENDER FEEDBACK ............................................................................................................................................... 23

OTHER MATTERS ............................................................................................................................................................................ 24 21. PROBITY ......................................................................................................................................................................... 24 22. CONFIDENTIALITY .......................................................................................................................................................... 25 23. ANNOUNCEMENTS AND PUBLICITY ............................................................................................................................... 25 24. TENDERER'S PERSONNEL ............................................................................................................................................... 26


25. OFFICIAL NOTICES .......................................................................................................................................................... 26 26. APPROVALS .................................................................................................................................................................... 27 27. RIGHT TO INFORMATION AND DISCLOSURE ................................................................................................................. 27 28. INFORMATION PRIVACY ................................................................................................................................................ 28 29. GOVERNING LAW .......................................................................................................................................................... 28

PART 3 – TENDER FORM ............................................................................................................................................................. 29

PART 3 – TENDER FORM ............................................................................................................................................................. 30

TENDER OFFER ............................................................................................................................................................................... 30 APPENDIX A – TECHNICAL EXPERIENCE .......................................................................................................................................... 38

PART 4 – SITE PLAN .................................................................................................................................................................... 39


PART 1 – SPECIFICATION


EXECUTIVE SUMMARY

1. INTRODUCTION

Lockyer Valley Regional Council is a Local Government established under the Local Government Act 2009. Council is seeking to attract a high quality investor that will develop an aesthetically pleasing Agricultural Industry Food Processing Facility that complements a similar development proposed for the adjoining Lot 4 on SP270923. Council is therefore seeking offers for the purchase and development of the Site as follows: Address: Philps Road, Grantham

Site Area: Approximately 6 hectares

Real Property Description: Lot 5 on SP270923

Current Owner: Lockyer Valley Regional Council

Method of Disposal: The RFT phase is intended to identify a Preferred Tenderer that may then be invited to enter into negotiations with Council for the purchase and development of the Site.

2. PURPOSE

The purpose of this Request for Tenders (RFT) is to: (a) provide Tenderers with the Project Requirements and the Project Objectives; (b) provide Tenderers with the Evaluation Criteria against which the Tenders will be assessed; (c) seek offers from Tenderers to purchase and develop the Site which take into account the Project

Requirements and the Project Objectives; (d) seek confirmation of the Tenderer’s capacity and willingness to carry out the Project in accordance

with the Minimum Commercial Terms; (e) enable selection of a Preferred Tenderer to enter into negotiations with Council with the intent of

delivering the Project.

3. TIMETABLE

The following table outlines the timelines expected for this Tender Process:

RFT documents released 8.00am Wednesday 9 December 2015

Clarifications close 5.00pm Wednesday 23 December 2015

RFT Process closes 4.00pm Wednesday 13 January 2016

Assessment of Tenders complete Friday 22 January 2016

Announcement of Preferred Tenderer Friday 5 February 2016


4. BRIEFING AND SITE INSPECTION

Council does not intend to conduct a Briefing or Site inspection. If a Site inspection is required Tenderers are to undertake this at their own discretion and at their own cost.

5. CLARIFICATIONS

All clarifications are to be in writing via email to: Jamie Simmonds, Executive Strategy Adviser to the Mayor / CEO Email: [email protected] The deadline for clarification requests is 5.00pm Wednesday 23 December 2015.

THE OPPORTUNITY

6. LOCATION AND ATTRIBUTES

The Site is situated adjacent to the Warrego Highway and Philps Road at Grantham and located 1.5 kilometres from the Gatton West Industrial Zone (GWIZ). Council has created GWIZ as an economic development precinct to provide investment opportunities for the private sector. As GWIZ is developed, Council intends to create road infrastructure to connect with Philps Road so that the Site will be benefited by heavy vehicle access from the Warrego Highway. The Site is within 2 kilometres from Grantham and the redevelopment area established as part of the multi-award winning Strengthening Grantham Project following the devastating 2011 floods. It is also 5 kilometres from the Gatton CBD and is surrounded by grazing land owned by Council. The adjoining Lot 4 on SP270923 has previously been offered for tender and is intended to be developed for the purpose of an Agricultural Industry Processing Facility (refer to PART 4 of this RFT). Council is very



supportive of this development and is now offering the adjoining Site to a Tenderer that can demonstrate a positive, complementary and integrated development outcome for the Site.

7. ABOUT GRANTHAM & THE LOCKYER VALLEY

Grantham is a small town within 5 kilometres of Gatton, being the largest town in the Lockyer Valley. It is located just over one hour’s drive west of Brisbane and is approximately 30 minutes from Toowoomba and Ipswich. It is a progressive and vibrant town with its core business activities centred on the primary production of the area, with an emphasis on vegetable production. The Lockyer Valley has a rich agricultural heritage and is home to some of Australia’s largest horticultural and agricultural industry producers and distributors including Nolan’s Transport, Pohlman’s Withcott Seedlings, Stanbroke Pastoral and Rugby Farms who collectively employ over 1,000 staff. Lockyer Valley vegetable producers currently produce 90% of the national vegetable market. The Lockyer Valley region is also home to a new state-of-the-art prison complex operated by Serco which currently employs 200 people with future development plans to potentially expand to 1,000 staff. The University of Queensland Gatton Campus is located only 5 kilometres east of Gatton on the Warrego Highway. The campus is recognised as the best agricultural university in Australia and is rapidly growing a reputation as the leading Veterinary Science School, with an enrolment of over 1,600 students. Over 200 of these enrolments are international students from 33 countries. The University operates vegetable seed trials and its resources could provide an opportunity for integration with the Facility operations.

PROJECT OBJECTIVES

8. COUNCIL’S OBJECTIVES

Council’s core objective for the Project is to sell the land specifically for the purposes of the development and operation of an Agricultural Industry Processing Facility (the Project) which benefits local agricultural industry and complements the intended development of a similar facility on the adjoining Lot 4 on SP270923. Council is therefore seeking to select a suitably qualified and experienced Tenderer (Preferred Tenderer) to enter into negotiations with to purchase the Site and deliver the Project who is able to provide a clear and competitive offer to Council to:

Purchase and develop the Site on terms acceptable to Council

Develop an aesthetically pleasing, high quality and functional Project

Propose a solution that complements the future proposed development on the adjoining Lot 4 on SP270923

Provide a financially viable solution for Site settlement, development and continued operation of the Project

Proposes a concept and delivery methodology that supports the local industry and economy.


PROJECT REQUIREMENTS

9. DEVELOPMENT APPROVAL AND LAND USES

The Land is zoned as Community Purposes and prospective Tenderers will need to satisfy the requirements for Approval pursuant to the Grantham Reconstruction Area Development Scheme which is available for review on Council’s website (http://www.lockyervalley.qld.gov.au/our-services/strategic-planning/Pages/Planning-Schemes.aspx).

10. MINIMUM REQUIREMENTS

No minimum core elements in respect of the Site have been set.

11. SERVICES AND SITE INFRASTRUCTURE

No minimum core elements in respect of the Site have been set. Council will provide services to the boundary of the Site to occur over time and in conjunction with the provision of services and infrastructure to the adjoining Lot 4 on SP270923 and Stage 1 of the GWIZ development. Council will require the Preferred Tenderer to provide Site infrastructure and services within the Site and below where indicated. A summary of the services and Site infrastructure to and required by the Site is set out below. To the extent that the Tenderer requires amendments to or additional works to meet their proposed concept that are over and above what is outlined below (for example road reconfigurations, easements and similar within the Site), these works, their approval and costs will be the responsibility of the Tenderer. Stormwater The Site will be required to include stormwater management measures to mitigate runoff to maintain peak stormwater flows equivalent to existing conditions and stormwater quality impacts to statutory requirements. No stormwater infrastructure is proposed to the Site boundary. It is proposed that the Tenderer will provide appropriate measures to manage stormwater quantity and quality within the Site. Wastewater / Sewerage A sewerage connection will be provided to the Site. Water Supply A water connection will be provided to the Site to cater for the Project. The proposed water reticulation will not meet firefighting requirements, therefore the Tenderer will need to include tanks for fire protection storage and domestic supply on the Site. Electricity Council will provide an electrical supply to the Site.

http://www.lockyervalley.qld.gov.au/our-services/strategic-planning/Pages/Planning-Schemes.aspx

http://www.lockyervalley.qld.gov.au/our-services/strategic-planning/Pages/Planning-Schemes.aspx


Communications Communications will be provided to the Site. Road / Transport Infrastructure Access to the Site is currently along Philps Road from Grantham. There is an existing gravel access to the Site from Brooks Road and it is proposed that Council will seal this access, and eventually upgrade it, to enable heavy vehicle access from the Warrego Highway, through the GWIZ development as development of GWIZ occurs.

12. FINANCIAL AND COMMERCIAL ARRANGEMENTS

Council is seeking offers that provide certainty of outcome, both physically and financially. Site Requirements Council’s key requirement is to ensure that development occurs on the Site within the agreed timeframes and that the Site is not “land banked” for future sale by the Preferred Tenderer. Council’s preferred method of disposal is for a short-term Development Lease with purchase of the Site to occur on Practical Completion of the Project. Council may also consider other site acquisition structures as proposed by the Tenderer including, for example, immediate purchase with a first right to repurchase at the purchase price in the event that the development as proposed does not proceed as agreed. Minimum Financial Requirements

Council’s minimum financial requirements include:

(a) The Tenderer is responsible for all costs of the Project, including but not limited to: (i) preparation of the design (ii) obtaining all Approvals for the Project (iii) funding the Project (iv) undertaking the Project (v) ensuring the Project works are carried out and completed in accordance with the

Minimum Commercial Terms. (b) The Tenderer must pay the agreed Purchase Price for the Site at the time agreed in the

Project Agreement.

The Tenderer must be able to demonstrate that it has the financial capacity to satisfy these minimum financial requirements.

Minimum Commercial Terms

The following sets out the Minimum Commercial Terms required by Council to enter into negotiations with the Preferred Tenderer. A Project Agreement reflecting the following commercial terms will be provided to the Preferred Tenderer during the negotiation period. The final agreed terms, timeframes and other requirements will form part of the Project Agreement. The Preferred Tenderer will be required to execute the Project Agreement (as Developer) with Council.


Term Requirement / Responsibility of Tenderer

Timeframe for execution of Project Agreement

Council will commence negotiations with the Preferred Tenderer upon Notification of Preferred Tenderer Status. The Project Agreement is to be agreed and executed within 90 days of commencement of negotiations (but after the end of the local government caretaker period in 2016). The Project Agreement will contain Conditions Precedent that must be met prior to a Land Contract or a Development Lease, as the case may be, taking effect.

Timeframe for payment of Deposit

Council will require a Deposit to be paid on execution of the Project Agreement. The Deposit will be calculated as 10% of the Purchase Price.

Approvals All development, operational, statutory and other approvals required to achieve the Preferred Tenderer’s proposed concept are the responsibility of the Preferred Tenderer. The Preferred Tenderer must complete the Works in accordance with the Approvals.

The Development Lease or Land Contract will be subject to the Preferred Tenderer receiving all Approvals and satisfying Council that it has sufficient funding to undertake the Project (including settlement of the Site).

Infrastructure contribution

The Preferred Tenderer is responsible for all services and infrastructure within the Site and any additional works required over and above what infrastructure Council is willing to provide.

Construction commencement date

Construction is to be substantively commenced within 90 days of receipt of all necessary Approvals.

Timeframe for Project completion

Council requires the Site to be developed within the timeframes proposed by the Preferred Tenderer and as contracted in the Project Agreement. Key milestones, sunset dates and remedies will be included in the Project Agreement.

Staging The Project is to be delivered in one stage.

Latent Conditions All latent conditions are the responsibility of the Preferred Tenderer.

Development Compliance

The Preferred Tenderer is responsible for the design and delivery of the Project in compliance with all Approvals and the Project Agreement. Council is not responsible for the checking and approving of design documentation or construction works (except in its capacity as the Development Application Approval authority).

Site Settlement Title to the Site will be created by Council and transferred to the Preferred Tenderer in exchange for the balance agreed Purchase Price 14 days from certification of Practical Completion (including issue of relevant certificates of classification) or as otherwise agreed in the Project Agreement.

13. ALTERNATIVE TENDERS

Council will support innovative designs and methods of delivery (including the land purchase structure) for the Project in line with the Project Objectives and Project Requirements identified in this RFT.


Council may consider alternative tenders in its sole discretion.

EVALUATION CRITERIA

The evaluation criteria that Council will consider in reviewing this RFT include the Tenderer’s:

(a) Organisational, consortium and team structure (b) Experience in developing and operating similar or otherwise compatible projects (c) Offer including:

(i) Development concept and its ability to complement the proposed development on adjoining Lot 4 on SP270923

(ii) Implementation plan and construction programme (iii) Financial offer and the ability and capacity to fund the Tenderer’s proposed

Project (iv) Commercial and legal arrangements (v) Innovations (vi) Support of local industry and economy.

Tenderers are required to complete the Tender Forms in PART 3 – TENDER FORM in response to the above PROJECT OBJECTIVES, PROJECT REQUIREMENTS and EVALUATION CRITERIA.


PART 2 – TENDER CONDITIONS


INTRODUCTION

1. SPECIFIC DETAILS OF REQUEST 1.1 Lockyer Valley Regional Council requests the submission of Tenders in response to this RFT.

1.2 This request is made under s.227 of the Local Government Regulation 2012.

1.3 The specific details of the RFT are as follows:

Tender name Purchase of Land and Development of an Agricultural Industry Food Processing Facility – Lot 5 on SP270923, Philps Road, Grantham

Tender no. LVRC-15-68

Closing Time 4.00pm Wednesday 13 January 2016

Validity Period 90 days after the day on which the Closing Time falls

Method of Lodgement Council Tender Box – in-person

An original and two copies are to be placed in a sealed envelope and deposited in the Council Tender Box located in Council Reception at 26 Railway Street, Gatton

And/or

An electronic copy is to be emailed to [email protected].

The Tenders Number, description, closing date and time are to be endorsed on the front of the sealed envelope or in the Subject line of the electronic submission.

Contact Officer Jamie Simmonds, Executive Strategy Advisor to the Mayor / CEO

Email: [email protected]

Will specific evaluation criteria apply? Yes No

If Yes, details of the specific evaluation criteria are as follows:

(a) Organisational, consortium and team structure (b) Experience in developing and operating similar or

otherwise compatible projects (c) Offer including:

(i) Development concept and its ability to complement the proposed development on adjoining Lot 4 on SP270923

(ii) Implementation plan and construction programme

(iii) Financial offer and the ability and capacity to fund the Tenderer’s proposed Project

(iv) Commercial and legal arrangements (v) Innovations (vi) Support of local industry and economy.




Will a Bank Guarantee be required from the Successful Tenderer?

Yes No

If Yes, amount:

Is a site visit scheduled? Yes No

If Yes, time and date:

1.4 This RFT sets out the terms and conditions of the Tender Process.

2. DEFINITIONS 2.1 The following definitions apply to terms used in this RFT.

Alternative Tender see subclause 10.1.

Approval an approval, consent or permission.

Business Day a day which is not a Saturday, Sunday or public or special holiday in Gatton, Queensland.

Claim an action, proceeding, demand, liability, obligation, cost (including legal costs on a full indemnity basis), loss, damage, expense and claim, including those arising under the terms of a compromise or settlement.

Closing Time see the table in subclause 1.3.

Conditions Precedent means those items outlined in the Minimum Commercial Terms and required to be met to effect the Development Lease and/or Land Contract.

Confidential Information all information of or relating to Council or which is disclosed by Council which Council does not explicitly identify as not being confidential and, except as otherwise agreed in writing, includes without limitation:

(a) information disclosed during the Tender Process; and

(b) Council's financial and strategic information and methods of conducting business; and

(c) Council's Intellectual Property Rights; and

(d) information which has been derived from or with the use of any other Confidential Information.

Conflict of Interest a state of affairs, or combination of circumstances, which could reasonably be suspected to:

(a) compromise a Tenderer's ability to submit a Tender in good faith and objectively;

(b) give rise to the risk of such a compromise; or


(c) cause a reasonable member of the public to apprehend such a compromise or risk.

Conforming Tender means a tender which:

(a) is for the entirety of the Site;

(b) is limited to the site and does not involve any additional land outside the Site boundaries; and

(c) meets or exceeds the Project Requirements.

Contact Officer see the table in subclause 1.3.

Developer the party that executes the Project Agreement.

Development Lease means the lease entered into between the Council and the Developer over the Site to allow construction of the improvements and completion of the Project.

Intellectual Property Rights all copyright, registered and unregistered trade marks and service marks, patents and other proprietary intellectual property rights subsisting anywhere in the world, but does not include moral rights under the Copyright Act 1968 or corresponding rights elsewhere in the world.

IP Act means the Information Privacy Act 2009.

Land Contract means the land contract to be entered into between Council and the Developer to effect the sale, purchase and transfer of the Site to the Developer.

Letter of Notification of Preferred Tenderer Status

a letter or document given by Council to a Tenderer notifying the Tenderer that the Tenderer is the Preferred Tenderer for the Project.

Method of Lodgement see the table in subclause 1.3.

Minimum Commercial Terms

means the minimum commercial terms that will be contained in the Project Agreement, as set out in PART 1 – SPECIFICATION - 12 Financial and Commercial Arrangements.

Non-Confirming Tender see subclause 13.1.

Official Notice a notice, notification or other communication which:

(a) a Tenderer is required or permitted to give to Council under this RFT; or

(b) Council is required or permitted to give to a Tenderer under this RFT,

if this RFT does not expressly, or by necessary intention, provide how the notice, notification or communication is to be given (other than in clause 25).


Personal Information has the meaning given to it in the IP Act.

Personnel in relation to a Tenderer:

(a) its employees, officers, agents and subcontractors; and

(b) the employees, officers and agents of the Tenderer's agents and subcontractors; and

(c) any other person for whose acts, omissions or conduct the Tenderer is in law responsible,

and in relation to Council: its delegates, employees, officers and agents.

Preferred Tenderer means the Tenderer which Council notifies in accordance with Clause 18 that it wishes to enter into further negotiations with.

Project means the purchase and development (including the design and construction of the works) of the Site for an Agricultural Industry Processing Facility.

Project Agreement means a document prepared by Council embodying the Minimum Commercial Terms which Council will enter into with the Preferred Tenderer for the Project, including the Development Lease terms and Land Contract.

Project Objectives means the project objectives detailed in Part 1 Specification of this RFT.

Project Requirements means the project requirements detailed in Part 1 Specification of this RFT.

Purchase Price means the price offered by the Tenderer in the Tender Form for purchase of the Site.

RFT this Request for Tenders, including the conditions in it.

RTI Act means the Right to Information Act 2009.

Site Lot 5 on SP270923.

Statutory Requirement an obligation under any applicable:

(a) Act of Parliament; or

(b) regulation, order, by-law, rule, proclamation or other statutory instrument or subordinate legislation under any Act of Parliament; or

(c) approval, consent, licence, authority, permit, notice, order, direction, instrument or requirement issued, given or made under any of the above.

Tender a tender submitted in response to this RFT.

Tender Form the tender form in Part 3 of this RFT.


Tender Process the process of making the RFT, inviting Tenders, accepting and evaluating Tenders and deciding whether to accept or reject Tenders.

Tenderer a person specified in a Tender who submits the Tender.

Validity Period for a Tender, the period starting when the Tender is submitted to Council and ending 90 days after the Closing Time.

3. INTERPRETATION

3.1 For the purposes of this RFT, unless it would lead to an absurd, impossible or obviously unintended result:

(a) if the day on which any act, matter or thing must or may be done under this RFT is not a Business Day, the act, matter or thing may be done on the next Business Day; and

(b) a reference to dollars or $ means Australian dollars and all amounts payable under this RFT are payable in Australian dollars; and

(c) a reference to any law, legislation or legislative provision includes any statutory modification, amendment or re-enactment and any subordinate legislation or regulations issued under that legislation or legislative provision; and

(d) a reference to a particular Act or statutory instrument, or to a particular provision of one, is taken to include:

(i) a reference to that Act, statutory instrument or provision as amended from time to time; and

(ii) a reference to any Act, statutory instrument or provision into which the original Act, statutory instrument or provision is relocated, consolidated or re-enacted from time to time; and

(iii) a reference to any Act, statutory instrument or provision which (after the repeal or expiry of the original Act, statutory instrument or provision) deals with the same, substantially similar or the most closely similar subject matter as the original Act, statutory instrument or provision; and

(iv) any other Act, statutory instrument or provision which applies to or affects the interpretation of any Act, statutory instrument or provision referred to above; and

(e) a reference to any agreement or document is to that agreement or document as amended, novated, supplemented or replaced; and

(f) an expression importing any type of person includes a natural person, company, trust, partnership, joint venture, association, body corporate and governmental agency; and

(g) another part of speech or other grammatical form of a defined term has a corresponding meaning; and

(h) a word which denotes the singular also denotes the plural, a word which denotes the plural also denotes the singular, and a reference to any gender also denotes the other genders; and

(i) a reference to the word "include" or "including" (or to another word meaning much the same thing) is to be interpreted without limitation.


3.2 Headings, and any table of contents, are inserted for convenience only and cannot be used to help interpret this RFT.

3.3 A provision of this RFT is not to be read to the disadvantage of a party just because that party drafted this RFT or the provision or asked for or insisted on:

(a) the inclusion of the provision in this RFT; or

(b) how the provision was to be drafted when included in this RFT.

SUBMITTING TENDERS

4. TENDERS 4.1 A Tenderer must ensure that a Tender complies with this RFT.

4.2 A Tender must be a Conforming Tender.

4.3 A Tender must be in accordance with the Tender Form.

4.4 A Tenderer must:

(a) respond to every requirement or question in the Tender Form; and

(b) complete the Tender Form by correctly following all directions and instructions in the Tender Form (including directions and instructions requiring the inclusion in the Tender of additional information or documents); and

(c) for an Alternative Tender, clearly specify any departures from the RFT which form part of the Tender.

4.5 A departure which is not clearly specified as required by paragraph 4.4(c) does not form part of a Tender.

4.6 A Tender must be written, typed or word processed in English.

4.7 Each amount of money specified in a Tender must be specified in Australian dollars.

5. HOW TO SUBMIT TENDERS

5.1 A Tender must be either:-

(a) enclosed in a sealed envelope containing the original of the fully completed and signed Tender Form and any other documents forming part of the Tender, plus two copies; and/or

(b) submitted electronically with the Tender Form and any other documents forming part of the Tender attached.

5.2 A Tender must be submitted in accordance with the Method of Lodgement.

6. WHEN TO SUBMIT TENDERS

6.1 A Tender must be submitted by the Closing Time.


6.2 A purported Tender not submitted and received by Council in accordance with the Method of Lodgement by the Closing Time will not be considered.

7. EFFECT OF SUBMITTING A TENDER

7.1 When a Tender is submitted, it constitutes an offer by the Tenderer to enter into the Project Agreement, on the terms set out in the Minimum Commercial Terms, with Council.

7.2 A Tender, and any document given to Council with or in connection with a Tender, becomes Council's property on the earlier of:

(a) when the Tender is submitted; or

(b) when the document is given to Council,

but this does not mean that Intellectual Property Rights belonging to a person other than Council in the Tender or document become Council's property.

8. TENDERER'S RESPONSIBILITIES

8.1 It is the responsibility of the Tenderer to:

(a) read and familiarise itself with this RFT and each document referred to in this RFT; and

(b) be satisfied about local conditions and facilities that may affect the Tenderer's ability to submit the Tender and, if the Tenderer becomes the Preferred Tenderer, comply with the Project Agreement (containing the Minimum Commercial Terms) and satisfy other specified requirements, including obtaining any necessary Approvals; and

(c) carry out its own investigations about the feasibility of the Tender and rely on that investigation; and

(d) pay its own expenses of investigating, preparing and submitting a Tender.

8.2 A person who spends money, makes commitments or incurs liabilities on the basis of the RFT or a Tender does so at the person's own risk and expense.

8.3 If a prospective Tenderer requires information or clarification concerning the RFT:

(a) the prospective Tenderer must direct the enquiry to the Contact Officer; and

(b) Council will not be bound by any information or clarification provided orally or by email; and

(c) Council will be bound only by information or clarification provided in writing and signed on behalf of Council; and

(d) if after seeking information or clarification the prospective Tenderer still has any doubt about the meaning of any part of the RFT, the Tenderer must include in its Tender a statement:

(i) identifying the uncertainty; and

(ii) specifying the interpretation on which the Tender is based.

8.4 A person may not claim from Council any expenses or extension of time on the grounds that insufficient or ambiguous information was given in the RFT.


9. SITE VISIT

9.1 If it is indicated in subclause 1.3 that a site visit is scheduled, a Tenderer or prospective Tenderer (or a representative of a Tenderer or prospective Tenderer) may attend at the Site on the date and at the time specified in subclause 1.3 to inspect and view the Site if the Tenderer or prospective Tenderer notifies the Contact Officer, at least one clear Business Day before the date specified in subclause 1.3:

(a) that the Tenderer or prospective Tenderer (or their representative) will attend the site visit; and

(b) of the name of the Tenderer or prospective Tenderer (or of each representative of the Tenderer or prospective Tenderer) who will attend the site visit.

10. ALTERNATIVE TENDERS

10.1 A Tenderer may submit a Tender (Alternative Tender) on the basis of an alternative to the RFT, including an alternative technical and innovative solution.

10.2 A Tenderer submitting an Alternative Tender must include in the Tender details of the benefits to Council of the alternative.

10.3 There is no obligation on Council to consider an Alternative Tender.

11. TENDER PROCESS

11.1 Council's conduct of the Tender Process does not give rise to any legal or equitable relationship.

11.2 Council may decide to abandon the Tender Process at any time.

11.3 A Tenderer or prospective Tenderer may not make a Claim against Council for any matter arising out of the Tender Process, including but not limited to a failure by Council:

(a) to comply with the RFT, either generally or in relation to a Tender submitted by that Tenderer or by another Tenderer; or

(b) to exercise a right under the RFT, either generally or in relation to a Tender submitted by that Tenderer or by another Tenderer.

TENDER EVALUATION

12. OPENING OF TENDERS

12.1 After the Closing Time, the Tenders will be opened.

12.2 Tenders will not be opened publicly.

12.3 Particulars of the Tenders may at Council's discretion be provided to the Tenderers if an Information Session is later held subject to clause 20. The only exception is any information in a Tender which is clearly marked "not for public disclosure".

13. NON-CONFORMING TENDERS

13.1 If the requirements of the RFT have not been complied with in relation to a Tender (Non-Conforming Tender), Council:


(a) may decide not to consider the Non-Conforming Tender; but

(b) assumes no obligation to do so and may nevertheless proceed to consider the Non-Conforming Tender.

14. EVALUATION OF TENDERS

14.1 Council will evaluate Tenders on the basis of:

(a) any evaluation criteria set out in the RFT; and

(b) the sound contracting principles in s.104(3) of the Local Government Act 2009, which are:

(i) value for money; and

(ii) open and effective competition; and

(iii) the development of competitive local business and industry; and

(iv) environmental protection; and

(v) ethical behaviour and fair dealing; and

(c) other matters that Council considers relevant.

14.2 Council may decide the weight that is to be given to the matters on the basis of which it evaluates Tenders.

14.3 Council may in evaluating a Tender:

(a) require a presentation from the Tenderer; and

(b) interview a Tenderer or the Tenderer's Personnel; and

(c) contact referees for a Tenderer; and

(d) carry out investigations concerning a Tender or the Tenderer or its Tenderer's Personnel; and

(e) take into account the information obtained by Council from doing any of the above.

14.4 Council may negotiate with a Tenderer in an endeavour to reach an agreement or compromise concerning any matter covered by their Tender.

15. REFEREES

15.1 The Tenderer authorises Council to contact any referee named in the Tender Form and to:

(a) disclose to the referee that Council is considering a Tender submitted by the Tenderer; and

(b) ask the referee to give Council information about the Tenderer and any current or previous business dealings between the Tenderer and the referee.

15.2 The Tenderer agrees, for the benefit of both Council and the referee, that:


(a) the referee may give Council any information that Council requests from the referee, about the Tenderer and any current or previous business dealings between the Tenderer and the referee; and

(b) neither Council nor the referee will be under any obligation to tell the Tenderer whether Council contacted the referee, and if so what information Council requested from the referee or what information the referee gave to Council; and

(c) the Tenderer will not sue the referee for any loss or damage alleged to have been suffered by the Tenderer because the referee gave or omitted to give Council any information unless the Tenderer can prove that the referee acted in bad faith.

15.3 In this clause, a reference to a referee named in the Tender Form also includes:

(a) a person identified by reference to a position within an organisation (in which case the current and any past occupant of that position is taken to be included, as well as the organisation itself and the current occupant of any superior position within that organisation); and

(b) a person whose identity is apparent but who is not mentioned by name or who is mentioned by an incorrect name.

16. TENDER MODIFICATION

16.1 Before making a decision on Tenders, Council may invite all Tenderers to modify their Tenders if Council decides to change the RFT.

17. ACCEPTANCE AND REJECTION

17.1 Council may:

(a) accept one Tender, or more than one Tender, for the whole of Council's requirements; or

(b) accept one Tender, or more than one Tender, for a portion of Council's requirements,

and, in doing so, may: (c) accept a Tender that Council considers to present the best solution (even if the Tender is an

Alternative Tender or a Non-Conforming Tender); and

(d) accept a Tender which is not the lowest Tender.

17.2 Council may decide not to accept any Tender.

17.3 If Council accepts a Tender, it will give the Tenderer a Letter of Notification of Preferred Tenderer Status.

17.4 If Council decides not to accept a Tender:

(a) it will notify the Tenderer that they have been unsuccessful; but

(b) any failure by Council to give, or delay by Council in giving, that notification does not confer any legal rights on the Tenderer.


POST-EVALUATION PROCESSES

18. EFFECT OF LETTER OF NOTIFICATION OF PREFERRED TENDERER STATUS

18.1 If Council gives a Tenderer a Letter of Notification of Preferred Tenderer Status, Council will enter into negotiations with that Tenderer for the Project, including the terms of the Project Agreement.

18.2 The Letter of Notification of Preferred Tenderer Status does not:

(a) constitute an acceptance of the Tender, or an award of the Project to the Tenderer; and

(b) give rise to any agreement or contract between Council and the Tenderer for, or in connection with, the Site or the Project.

18.3 No binding agreement or contract arises between Council and the Tenderer until the Project Agreement has been signed by both parties.

18.4 On receipt of the Letter of Notification of Preferred Tenderer Status, the Tenderer will in good faith negotiate the terms of the Project Agreement with Council (such terms to contain the Minimum Commercial Terms).

18.5 If the parties are unable to agree the terms of the Project Agreement to Council’s satisfaction within 90 days of the issue of the Letter of Notification of Preferred Tenderer Status (but after the end of the local government caretaker period in 2016), Council may, at its absolute discretion:

(a) cease negotiations with the Tenderer;

(b) enter into negotiations with any other Tenderer or third party regarding the Project, the Site or the terms of the Project Agreement;

(c) enter into the Project Agreement with any other Tenderer or third party;

(d) terminate this RFT; or

(e) do any other act or thing it sees fit in relation to this RFT.

19. VALIDITY PERIOD

19.1 During the Validity Period:

(a) a Tenderer cannot withdraw their Tender (or the offer constituted by it) except with Council's approval; and

(b) Council may accept the Tender under clause 17 of this RFT.

19.2 Nothing here prevents Council from accepting a Tender after the Validity Period if the Tenderer has not withdrawn the Tender.

20. POST-TENDER FEEDBACK

20.1 Council may provide an information session for unsuccessful Tenderers.

20.2 At an information session Council may reveal:


(a) the name of, and the total price submitted by, the Preferred Tenderer; and

(b) the names of, and the total prices submitted by, other Tenderers; and

(c) the reasons for unsuccessful Tenders not being accepted.

20.3 The giving of reasons for unsuccessful Tenders not being accepted at an information session does not:

(a) imply an obligation on Council's part to give those reasons; or

(b) mean that the reasons given are binding on Council; or

(c) limit the reasons which may be given by Council in any proceedings concerning the Tenders.

OTHER MATTERS

21. PROBITY

21.1 A Tenderer will not directly or indirectly offer or give to:

(a) Council; or

(b) any officer or employee of Council; or

(c) any parent, spouse, child, relative or associate of an officer or employee of Council,

any commission, inducement, gift or reward which is calculated to, or could reasonably be expected as tending to, influence decisions made or to be made in connection with the Tenders by Council or any person representing Council.

21.2 A Tenderer will not counsel, procure, assist or encourage any other person to do a thing which would breach subclause 21.1 if it had been done by the Tenderer.

21.3 A Tenderer will ensure that:

(a) its Tender is in all respects an independent Tender; and

(b) no collusion has taken place between the Tenderer and any other Tenderer (or prospective Tenderer) in connection with:

(i) the Tenderer's Tender; or

(ii) another Tenderer's Tender; or

(iii) a decision by another prospective Tenderer not to submit a Tender.

21.4 A Tenderer will identify and detail any Conflict of Interest exists at the time of the submission of the Tenderer's Tender.

21.5 If a Conflict of Interest arises before Council has notified the Tenderer of the acceptance or rejection of the Tenderer's Tender, the Tenderer must immediately give notice of it to Council.


22. CONFIDENTIALITY

22.1 A Tenderer must not, and must ensure that its Personnel do not, use or disclose Confidential Information except if and to the extent that:

(a) Council consents to the use or disclosure; or

(b) the use or disclosure is required by law; or

(c) the use or disclosure is required in order for the Tenderer to comply with this RFT; or

(d) the Confidential Information is disclosed by the Tenderer to any of its Personnel who need to know the Confidential Information in order for the Tenderer to submit a Tender and:

(i) the Tenderer makes those Personnel aware that the Confidential Information is confidential, must be kept confidential and must not be used or disclosed except if and as allowed by this RFT; and

(ii) if required by Council, the Tenderer obtains from those Personnel a confidentiality deed in a form acceptable to Council; or

(e) the Confidential Information is disclosed on a bona fide basis by the Tenderer to a lawyer, accountant or auditor for the Tenderer.

22.2 If:

(a) the Tenderer uses or discloses Confidential Information; and

(b) the Confidential Information comes into the possession of, or to the knowledge of, a person as a result of the Tenderer's use or disclosure of the Confidential Information (whether permitted by, or in breach of, this RFT); and

(c) that person uses or discloses the Confidential Information in a way that would have constituted a breach of this RFT had that use or disclosure been made by the Tenderer,

the Tenderer is liable in relation to that last use or disclosure as if it had been made by the Tenderer personally.

22.3 The Tenderer must, on Council's written demand, give to Council any documents or other media in its possession, power or control containing any of the Confidential Information.

22.4 The Tenderer acknowledges that Council may be required to disclose information concerning the Tenderer or a Tender in order to comply with (or to enhance compliance with) Statutory Requirements, including those arising under the Right to Information Act 2009 and the Local Government Act 2009. The Tenderer agrees not to make any claim against Council in connection with any such disclosure.

23. ANNOUNCEMENTS AND PUBLICITY

23.1 The Tenderer must:

(a) not either itself or through its Personnel disclose to the media any information regarding a Tender or the RFT or anything done in connection with the RFT; and


(b) refer all enquiries from the media relating to any matter regarding a Tender or the RFT or anything done in connection with the RFT to Council as soon as possible after receiving such an enquiry; and

(c) notify Council immediately on becoming aware of any event arising in the course of a Tender or the RFT or anything done in connection with the RFT which may receive media attention.

24. TENDERER'S PERSONNEL

24.1 A Tenderer will:

(a) ensure that the Tenderer's Personnel comply with the Tenderer's obligations under this RFT; and

(b) be liable for the acts, omissions and conduct of the Tenderer's Personnel as if they were the personal acts, omissions or conduct of the Tenderer.

25. OFFICIAL NOTICES

25.1 An Official Notice to the Tenderer is taken to have been effectively and properly given only if it is in writing, signed by or on behalf of Council and:

(a) delivered to any street address for the Tenderer specified in the Tender or any additional or substitute street address that the Tenderer has notified to Council for the purpose; or

(b) sent by prepaid post to any street address or postal address for the Tenderer specified in the Tender or any additional or substitute street address or postal address that the Tenderer has notified to Council for the purpose; or

(c) sent by fax transmission to any fax number for the Tenderer specified in the Tender or any additional or substitute fax number that the Tenderer has notified to Council for the purpose; or

(d) if the Tenderer is or includes an individual – delivered to that individual; or

(e) if the Tenderer is or includes a company – served in a way provided by s.109X of the Corporations Act 2001.

25.2 An Official Notice to the Tenderer is taken to have been given at the following time:

(a) if it is delivered – when it is delivered; or

(b) if it is sent by prepaid post to an address in Australia – 2 Business Days after it is properly addressed and posted; or

(c) if it is sent by prepaid post to an address outside Australia – 7 Business Days after it is properly addressed and posted; or

(d) if it is sent by fax between the hours of 9am and 5pm on a Business Day – at the time at which, according to a report produced by the machine from which it was sent, it was successfully transmitted in full to the correct fax number; or

(e) if it is sent by fax before 9am or after 5pm on a Business Day, or on a day which is not a Business Day – the next time it is 9am on a Business Day but only if, according to a report produced by the machine from which it was sent, it was successfully transmitted in full to the correct fax number.


25.3 An Official Notice to Council is taken to have been effectively and properly given only if it is in writing, signed by or on behalf of the Tenderer and served under s.238 of the Local Government Act 2009.

26. APPROVALS

26.1 If this RFT provides or allows for Council to give an Approval:

(a) the Approval is not taken to have been given unless it is given in writing and signed by a delegate of Council having authority to give the Approval; and

(b) if the Approval is given, it may be given on conditions, including conditions that:

(i) operate as conditions precedent to the Approval (in which case the Approval is not taken to have been given unless those conditions are satisfied); or

(ii) require the Tenderer to do something or refrain from doing something (in which case the Approval is not taken to have been given unless the Tenderer complies with those conditions); and

(c) Council is not obliged to give the Tenderer any reasons for a decision about the Approval (including a decision to give the Approval, to impose conditions on an Approval or not to give the Approval) unless this RFT says otherwise; and

(d) the decision about the Approval is to be made in the absolute discretion of Council unless this RFT says otherwise.

26.2 Whenever this RFT refers, in words or to the effect, to a matter or thing being to the "satisfaction" of Council, that means to the satisfaction of Council in its absolute discretion.

27. RIGHT TO INFORMATION AND DISCLOSURE

27.1 The RTI Act provides members of the public with a legally enforceable right to access documents held by Queensland Government agencies (including local governments).

27.2 The RTI Act requires that documents be disclosed upon request, unless the documents are exempt or, on balance, disclosure is contrary to the public interest.

27.3 Information provided by the applicant is potentially subject to disclosure to third parties pursuant to the RTI Act.

27.4 If disclosure under the RTI Act, or general disclosure of information provided by the Tenderer, would be of substantial concern to the Tenderer, because it would disclose trade secrets, information of commercial value, the purpose or results of research or other information of a confidential nature, including Personal Information, this should be indicated by the Tenderer in the Tender Form. The Council cannot guarantee that any information provided by the Tenderer will be protected from disclosure under the RTI Act.

27.5 The Tenderer must familiarise itself with the relevant provisions of the RTI Act dealing with the requirements for disclosure of information by agencies, and the grounds on which access to information may be refused.

27.6 The Council accepts no responsibility for the accuracy or adequacy of any information it provides to Tenderers concerning the content or effect of the RTI Act.


28. INFORMATION PRIVACY

28.1 The Council is bound by the provisions of the IP Act.

28.2 By submitting a Tender, the Tenderer warrants that it has obtained the consent of each individual whose Personal Information is included in the Tender for:-

(a) the inclusion of their Personal Information in the Tender; and

(b) the use of the Personal Information by the Council for the purpose of evaluating the Tender; and

(c) the disclosure of the Personal Information to other parties (including professional advisers) as may be involved in assisting the Council with the evaluation of the Tender.

28.3 Any Personal Information exchanged between the Tenderer and the Council must be dealt with in accordance with the IP Act.

28.4 The Tenderer must immediately notify Council upon becoming aware of any breach of this clause 28.

29. GOVERNING LAW

29.1 This RFT and the Tender Process are governed by the laws of Queensland.

29.2 The courts and tribunals of Queensland at Gatton, Ipswich and Brisbane, and the courts and tribunals of appeal from the courts and tribunals of Queensland, have non-exclusive jurisdiction to deal with any dispute concerning or under this RFT or the Tender Process:

(a) within their respective jurisdictional limits as regards the subject matter of the dispute, the amount involved in the dispute and the relief sought; and

(b) without regard to the geographical or territorial jurisdictional limits that would otherwise apply.


PART 3 – TENDER FORM


PART 3 – TENDER FORM

TENDER OFFER

Content in this form which is shaded and headings are NOT to be altered in any way.

If the format of any section of this form is unsuitable, or if there is insufficient space in any section of this form, include an attachment with the necessary responses and complete the relevant section of this form as "See Attachment". Any such attachment MUST repeat the relevant heading and question from this form and be placed directly following the tender form in your proposal.

This Tender Form relates to Council's Request for Tender identified as Tender No. LVRC-15-68 (Purchase and Development of an Agricultural Industry Food Processing Facility, Lot 5 on SP270923, Philps Road, Grantham). Any terms defined in the RFT have the same meanings when used in this Tender Form unless indicated otherwise. The RFT sets out the conditions of tendering. By submitting this Tender to Council, the Tenderer agrees to the conditions in the RFT and intends that this Tender will be a Tender for the purposes of the conditions in the RFT. Tenders will be evaluated against the following items. Tenderers are therefore required to provide a response to ALL items as follows and in the order requested.

1. TENDERER DETAILS

What kind of entity is the Tenderer?

Name of Tenderer

If Tenderer is a company – specify the full company name.

If Tenderer is a trust – specify the names of each trustee of the trust.

If Tenderer is an individual or partnership, specify the full name of each individual or partner.

If Tenderer trades under a business name, specify the registered business name.

Tenderer's ACN

If Tenderer is a company.

Tenderer's ABN

Tenderer's postal address(es)

Tenderer's street address(es)

Tenderer's phone number(s)

Tenderer's fax number(s)


Tenderer's contact person

Name:

Direct phone:

Direct fax:

Email:

Where there is a consortium arrangement proposed, (including where the Tenderer is relying on the financials or experience of a parent company or other related entity), please provide information for the consortium as a whole and for each member of the consortium throughout the Tender Form. The consortium member who is to be the Tenderer (that is, the entity with whom Council will deal) on behalf of the consortium should be specified above with all other members listed as consortium members.

2. ORGANISATIONAL STRUCTURE

Tenderer

Tenderers are to provide:

A brief description of the Tenderer’s present organisation

A copy of the Tenderer’s organisational structure

Consortium

Where the Tenderer is a consortium, please provide:

A consortium structure (please clearly nominate the Tenderer with whom Council will be dealing)

Brief description of each of the consortium member’s present organisation; and

The role of each consortium member in the Project.

Project Team (including consultants and other specialist advisors)


A team structure

Brief description of the consultant’s present organisation; and

The role of each team member in the Project


3. EXPERIENCE

To be completed by each consortium and project team member:

Number of years’ experience in the field applicable to this Application

Technical Experience (Key Personnel)

Please complete Appendix A with details of the experience of the principal members of your organisation who are nominated for

this Project

Appendix A completed and attached

Has your organisation/contractor/sub-contractor ever had a contract terminated or taken over?

Yes No

If Yes, give details:

Complete the details below for each of your Referees

Name of Referee

(please provide three referees)

Organisation Contact Details

Address, phone, fax, email

Why have you named this referee

Details of your previous / current dealings with this referee, when they took place and why they are relevant to assessment of your Tender

1

2

3


4. OFFER

Tenderers are required to provide comprehensive responses to the following items in the order and format requested:

(a) Development Concept

The key purpose of this requirement is for the Tenderer to demonstrate that its proposed design and development concept meets the Project Objectives and Project Requirements. The level of the design is only required to be at concept stage.

Tenderers must provide:

A design statement outlining the vision for the Project and its uses, services and operation including its ability to complement the proposed development of the adjoining Lot 4 on SP270923 (maximum one page);

A site plan including the location of all key facilities;

Details of accessibility (pedestrian and vehicle), infrastructure services and linkages with Lot 4 on SP270923 and the surrounding road network;

Indicative floor plan of the main facility/ies

A short narrative of the scope and quality of proposed materials and finishes (maximum half page)

Details of any factors that may impact on your ability to deliver the Project as outlined in your proposed concept.

(b) Implementation Plan and Construction Programme

The key purpose of this requirement is to ascertain the Tenderer’s ability to undertake and complete the Project in accordance with Council’s Objectives and Requirements. Tenderers are required to outline their approach and methodology with respect to the contractual, development, design and delivery requirements of the Project to demonstrate understanding and capacity to deliver the Project.


An indicative programme (in weeks) providing the critical path that, as a minimum, includes the following activities:

o Negotiation and agreement with Council

o Input requirements from Council

o Arrangement of funding and other commercial requirements

o Finalisation of the detailed design of the proposed concept

o Obtaining all necessary approvals (eg. Council, Building, Tenderer and other)

o Satisfaction of all funding conditions precedent

o Site purchase / settlement

o Construction of the Project (in one stage) including key activities

o Commissioning, certification and commencement of full operation


o Any other key milestones.

Tenderers are also required to include any key areas of risk in meeting the proposed programme and delivery methodology for the proposed concept and their proposed strategy for mitigation in the delivery of the Project (maximum one page).

(c) Financial Offer

The key purpose of this requirement is for the Tenderer to demonstrate that it has the financial capacity to satisfy the minimum financial requirements to develop and settle the Site (including any other nominated land that is required to meet the Project Objectives and Project Requirements) in the timeframes required.


Their Proposed Purchase Price (exclusive of GST) for the Site

All material purchase and settlement conditions upon which the Proposed Purchase Price is offered

A financing plan that includes:

o Details of the proposed payment structure from the Tenderer to Council

o Evidence of equity investors’ commitment including description of the level and type of any parent company or guarantor support

o Proposed sources of debt and letters of commitment in support of the proposed funding structure for the Project; and

o Details on the strategy and timeline to achieve underwritten funding for the Project.

A Project feasibility including:

o Debt and/or equity financing arrangements; and

o A cashflow and timing for all pre-development and construction costs and the associated sources of funding.

Organisation audited financial statements for the past three years.

(d) Commercial and Legal Arrangements

Tenderers are to provide their confirmation of acceptance of the Minimum Commercial Terms contained in PART 1 – SPECIFICATION – 12 Financial and Commercial Arrangements. In the event that the Tenderer does not accept the Minimum Commercial Terms, all departures and reasons for the departures must be detailed for consideration by Council.

(e) Innovations

Council is seeking value adding innovative proposals in the delivery of this Project. Tenderers must provide details of any proposed innovation with respect to the delivery of your concept that would assist or benefit Council in delivering mutually beneficial outcomes for the Site (maximum two pages).


(f) Support of local industry and economy

Tenderers are required to provide details of how their proposal will support the local industry and economy during construction and operations of the Project (maximum one page).

5. LEGAL COMPLIANCE

Has the Tenderer or any of the Tenderer's Personnel ever been found guilty of an offence under environmental or other legislation?

Yes No


Has the Tenderer or any of the Tenderer's Personnel ever received notice from a relevant authority of an alleged breach of environmental or other legislation?

Yes No


Is the Tenderer aware of any currently existing circumstances which would place the Tenderer or any of the Tenderer's Personnel in breach of any environmental or other legislation?

Yes No


Have you, your business, organisation, company, or any of your members or directors been declared bankrupt, entered into receivership, management, agreement, scheme or composition pursuant to the Bankruptcy Act or the Corporations Act?

Yes No


6. CONFLICTS OF INTEREST AND MATERIAL INTERESTS

Does a Conflict of Interest exist? Yes No


Does a material interest exist, or the risk of a material interest exist, between the Tenderer and any councillor or officer of Council in relation to the Tender Process?

Yes No


7. CONFORMITY OF TENDER AND DEPARTURES

Does this Tender conform to the Request in every respect?

Yes No


If No, set out details of each departure requested by the Tenderer

8. RIGHT TO INFORMATION ACT REQUIREMENTS

Is there any part of the Tender of concern to the Tenderer, if released under the RTI Act or the IP Act?

Note: This information is being sought for the purposes of applying any relevant exemptions that might be available under the RTI Act or the IP Act. However, Council cannot give any guarantee to the Tenderer that the information will be protected from disclosure.

Yes No

If Yes, please specify the component of your Tender and which of the following categories it relates to:

Trade Secret

Commercial Value

Results of Research

Confidential nature

9. SIGNING

In signing this Tender Form, the persons named below certify that in submitting the Tender on behalf of the Tenderer:-

(i) they have read, understood and complied with the requirements of the RFT; and

(ii) the enclosed Tender Form and all supporting materials are a true and accurate account of their Tender; and

(iii) they are duly authorised on behalf of the Tenderer to submit this Tender and bind the Tenderer.

Is the Tenderer an individual (i.e. sole trader)?

If Yes – complete signing clause below.

Yes No

Signature of Tenderer:

Print full name of Tenderer:

Insert date of signing:

Is the Tenderer a partnership?

If Yes – complete signing clause below.

Yes No

Signature of each partner in the partnership:

Print full name of each person signing above:


Is the Tenderer a company?

If Yes – complete question and signing clause below.

Yes No


How many directors does the Tenderer have:

If the Tenderer has only one director, that person must sign below.

If the Tenderer has 2 or more directors, at least two directors must sign below.

One 2 or more

Signature(s) of director(s) required to sign:

Print full name of each director signing above:


10. PRIVACY STATEMENT

Council is collecting Personal Information from the Tenderer for the purpose of administering the Tender Process and Project Agreement. This Personal Information may be shared with Queensland Government departments or agencies, Queensland Government bodies, Non-Government Organisations and/or Commonwealth, States or Territories where required for the purpose of administering the Tender Process and Project Agreement. Personal Information will not be otherwise disclosed to any other third party without the consent of the Tenderer, except where authorised or required by law.


APPENDIX A – TECHNICAL EXPERIENCE Please include consortium members (if a consortium) and the project team.

Name, Title, Company Qualifications

Role in the Consortium /

Project Team

Previous Similar Project Experience (including

year/s undertaken)


PART 4 – SITE PLAN


Documents

REQUEST FOR TENDERS - Lockyer Valley Regional … · A water connection will be provided to the Site to cater for the Project. The proposed water reticulation will not meet firefighting