request for proposals for the sale and development … · is to create economic, environmental and...

REQUEST FOR PROPOSALS

FOR THE SALE AND DEVELOPMENT OF

The Kingston Arts Precinct

Part Block 15 Section 49 Kingston

LAND DEVELOPMENT AGENCY

ISSUE DATE: 3 October 2015

CLOSING DATE: 10 December 2015

CLOSING TIME: 2:00PM AEST

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1. CONTENTS

2. DEFINITIONS ........................................................................................................................................... 4

PART A - OVERVIEW ........................................................................................................................................ 7

3. THE LAND DEVELOPMENT AGENCY ........................................................................................................ 7

4. THE LAND ................................................................................................................................................ 7

5. THE LAND AND KEY FEATURES AT A GLANCE ......................................................................................... 7

6. OUTLINE OF TENDER PROCESS ............................................................................................................... 8

7. KINGSTON ARTS PRECINCT ..................................................................................................................... 9

7.1 The Precinct .................................................................................................................................... 9

7.2 The arts hub ..................................................................................................................................10

7.3 Vision ............................................................................................................................................10

7.4 Location and site description ........................................................................................................10

8. DEVELOPMENT OUTCOMES .................................................................................................................12

8.1 Overview .......................................................................................................................................12

8.2 Precinct Management Plan...........................................................................................................12

8.3 Precinct Objectives .......................................................................................................................12

8.4 Urban Design Planning Principles .................................................................................................12

8.5 Functional Brief .............................................................................................................................13

8.6 Master Plan ...................................................................................................................................13

8.5 Feasibility Study ............................................................................................................................14

8.6 Technical Amendment to the Kingston Foreshore Precinct Code ................................................14

8.7 Landscape Framework ..................................................................................................................15

8.8 Site Investigation Report (“SIR”) ...................................................................................................15

8.9 Accommodation Brief ...................................................................................................................15

8.10 Car parking and Transport ............................................................................................................16

8.11 Heritage ........................................................................................................................................17

PART B – PROPOSAL REQUIREMENTS ...........................................................................................................19

9. INDICATIVE TIMETABLE ........................................................................................................................19

10. INDUSTRY BRIEFING .........................................................................................................................19

11. LODGEMENT .....................................................................................................................................20

12. LATE, NON-COMPLIANT AND INCOMPLETE PROPOSALS .................................................................20

13. SALES AGENT ....................................................................................................................................21

PART C – ASSESSMENT OF PROPOSALS ........................................................................................................22

14. COMPLIANCE CONDITIONS ..............................................................................................................22

15. EVALUATION CRITERIA .....................................................................................................................22

15.1 Proponent Declaration .................................................................................................................22

15.2 Criteria ..........................................................................................................................................22

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15.3 Alternative Proposals ....................................................................................................................23

16. FURTHER INFORMATION ..................................................................................................................23

PART D – CONDITIONS ..................................................................................................................................24

17. RETURNABLE SCHEDULES .................................................................................................................24

18. QUESTIONS .......................................................................................................................................24

19. ADDENDA .........................................................................................................................................25

20. CLOSING TIME ..................................................................................................................................25

21. LDA’s RIGHTS ....................................................................................................................................25

22. EXCLUSIONS OF LIABILITY .................................................................................................................26

23. DISCLAIMER ......................................................................................................................................26

24. OWNERSHIP OF RFP AND PROPOSALS .............................................................................................28

25. DISCLOSURE OF CONFIDENTIAL INFORMATION ..............................................................................28

26. APPLICABLE LAW ..............................................................................................................................29

27. SECURITY, PROBITY AND FINANCIAL CHECKS ...................................................................................29

28. CONFLICTS OF INTEREST ..................................................................................................................29

29. FALSE AND MISLEADING CLAIMS .....................................................................................................29

30. COLLUSIVE BIDDING .........................................................................................................................29

31. UNLAWFUL INDUCEMENTS ..............................................................................................................30

32. IMPROPER ASSISTANCE ....................................................................................................................30

RETURNABLE SCHEDULE 1 ............................................................................................................................31






ANNEXURES – REFERENCE MATERIAL ..........................................................................................................41

Annexure 1 – Urban Design Planning Principles .......................................................................................42

Annexure 2 – artsACT Functional Brief .....................................................................................................43

Annexure 3 – Kingston Section 49 Master Plan ........................................................................................44

Annexure 4 – Kingston Arts Precinct Feasibility Study .............................................................................45

Annexure 5 – Kingston Precinct Code – Technical Amendment ..............................................................46

Annexure 6 – Kingston Section 49 – Landscape Framework ....................................................................47

Annexure 7 – Site Investigation Report ....................................................................................................48

Annexure 8 – artsACT Artists Accommodation Brief ................................................................................49

Annexure 9 – Specimen Licence ...............................................................................................................50

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2. DEFINITIONS

Unless otherwise stated in this RFP, the following meanings apply to terms in this RFP.

Accommodation Brief the document at Annexure 8 of this RFP.

artsACT the Territory’s arts agency which is part of the Arts, Business, Events,

Sport and Tourism Division of the Chief Minister, Treasury and Economic

Development Directorate.

Alternative Proposal an alternative Proposal submitted by a Proponent in accordance with

section 15.3.

Closing Time the time and date specified on the cover page of this RFP (or as

extended by the LDA at its discretion).

Confidential

Information

information that the LDA treats as confidential because it is satisfied

that disclosure of the information would:

(a) be an unreasonable disclosure of personal information about a

person;

(b) disclose a trade secret;

(c) disclose information (other than a trade secret) having a

commercial value that would be, or could reasonably be

expected to be, destroyed or diminished if the information were

disclosed;

(d) be an unreasonable disclosure of information about the

business affairs of a person; or

(e) contravene a requirement imposed under law that requires a

party to keep the information confidential.

Deed of Agreement the deed of agreement to be entered into between the successful

Proponent and the Planning and Land Authority pursuant to the Holding

Lease.

Eligible Person a person or entity that:

(a) is one or more natural persons or a company; and

(b) is legally competent to enter into the contract for sale for the

Land and satisfy all conditions and obligations set out therein.

EPA the environment protection authority established under the

Environment Protection Act 1997 (ACT).

Feasibility Study the document at Annexure 4 of this RFP.

Functional Brief the document at Annexure 2 of this RFP.

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Holding Lease a Crown lease (including Deed of Agreement) for the Land to be granted

in favour of the successful Tenderer.

Kingston Precinct Code

Technical Amendment

the document at Annexure 5 of this RFP.

Land part Block part 15 Section 49 Division of Kingston (excluding Telopea

Park Substation) as delineated on Figure 1

Landscape Framework the document at Annexure 6 of this RFP.

LDA the Land Development Agency established under the Planning Act.

Licence a licence substantially in the form of the specimen licence at Annexure

9.

Master Plan the Master Plan at Annexure 3 of this RFP.

Offer Period the period commencing at the Closing Time and ending at 5.00pm on

the date that is 120 days after the Closing Time.

Planning Act the Planning and Development Act 2007 (ACT).

Planning and Land

Authority

the body corporate established under section 10 of the Planning Act.

Precinct a site of approximately 5.6ha which includes the Former Transport

Depot, Canberra Glassworks, Fitters’ Workshop and ActewAGL Telopea

Park zone Substation identified in the map at Figure 1.

Precinct Management

Plan

a precinct management plan to be developed by the Proponent in

accordance with the requirements set out in section 8.2 of this RFP and

submitted with the Proposal.

Precinct Objectives the precinct objectives specified in Returnable Schedule 2.

Proponent a proponent that has lodged a Proposal in response to this RFP.

Proposal a proposal comprising Returnable Schedules 1 – 5 (and Returnable

Schedule 6 if applicable).

Returnable Schedules the returnable schedules as included in this RFP.

RFT a Request for Tender to be published in accordance with section 6 of

this RFP.

Sales Agent the person(s) specified in section 13.

SIR the document at Annexure 7 of this RFP.

Tenderer a Proponent who is invited to participate in the RFT.

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Territory (a) when used in a geographical sense the Australian Capital

Territory; and

(b) when used in any other sense the body politic established by

section 7 of the Australian Capital Territory (Self-Government)

Act 1988 (Cth).

Territory Plan the Territory Plan 2008 made in accordance with section 25(1)(b)(i) of

the Australian Capital Territory (Planning and Land Management) Act

1988 (Cth), as amended and varied from time to time.

Urban Design Planning

Principles

the document at Annexure 1 of this RFP.

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PART A - OVERVIEW

3. THE LAND DEVELOPMENT AGENCY

(1) The LDA was established on 1 July 2003 and is governed by the Planning Act. It undertakes

land development, land sales and major development projects on behalf of the Territory.

(2) The LDA is a statutory corporation with a strong commercial focus. Along with the

requirement to provide a financial return to the Territory that is consistent with industry

benchmarks, the LDA must take into account the Territory’s social policy objectives,

including delivering high quality development outcomes. The principal objective of the LDA

is to create economic, environmental and social benefits through the development and sale

of Territory land assets.

4. THE LAND

(1) The Land is unleased Territory land and has an area of approximately 40,295m2. It is located

in the CZ5: Mixed Use Zone under the Territory Plan.

(2) The Land comprises an area that is currently being used as a surface car park and includes

the Chapel.

(3) Proponents may also include an offer to purchase the Former Transport Depot and/or the

Wentworth Avenue Offices in their Proposals.

(4) The Fitters’ Workshop and Canberra Glassworks will not be included in the sale of the Land.

5. THE LAND AND KEY FEATURES AT A GLANCE

(1) The Land will be sold by tender, subject to a Holding Lease with associated Deed of

Agreement.

(2) The permitted uses for the Land will be consistent with the zoning of the Land under the

CZ5: Mixed Use Zone and the Kingston Foreshore Precinct Code in the Territory Plan.

(3) The successful Proponent will be required to develop the Precinct in a manner that is

consistent with the Precinct Objectives and the Urban Design Planning Principles.

(4) As part of the development of the Precinct, the successful Proponent will need to deliver

artsACT facilities in accordance with the Functional Brief, and artsACT accommodation for

visiting artists consistent with the Accommodation Brief. The Deed of Agreement will

require the successful Proponent to substantially deliver the Functional Brief before it can

request the grant of consequent Crown leases for residential uses.

(5) Along with the delivery of the artsACT facilities, the successful Proponent will also have the

opportunity to use the Land for commercial and residential development. As set out in the

Master Plan, the successful Proponent could deliver the following on the Land:

(a) 1.6 ha or 30% of the area as open space distributed throughout the Land;

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(b) 6,000m² of ground floor space to be used to create an active precinct and located

along the major pedestrian movement routes (including retail and arts-related

activities);

(c) a residential mixed use site located adjacent to existing residential uses with capacity

for approximately 150 units;

(d) additional residential units to complement the primary arts, commercial and car park

uses throughout the precinct;

(e) office space in several small developments that will assist to activate the area during

weekdays by providing opportunities for more employment within the Kingston

Foreshore area; and

(f) a parking structure for about 500 cars.

(6) Prospective Proponents should also note that the design criteria in the Urban Design

Planning Principles include a requirement that the development should accommodate

approximately 22,000m² of non residential space (in addition to the space requirement of

the artsACT Functional Brief) throughout the development.

(7) In developing their Proposals, Proponents should refer to the Master Plan and the

Landscape Framework. Further detail about these documents is set out below.

6. OUTLINE OF TENDER PROCESS

(1) The purpose of this RFP is to assess the interest, capability and experience of suitably

qualified and experienced firms/consortiums to develop the Land.

(2) The LDA has issued this RFP as part of an anticipated two-stage tender process for the

proposed sale of the Land and, where nominated by the Proponent, Block 14 Section 49

Kingston (known as the “Former Transport Depot” and the “Wentworth Avenue Offices”).

The two stage approach is intended to allow the market to be innovative and provide the

LDA with a variety of possible design solutions that respond to the Precinct Objectives.

(3) After assessing the Proposals received from the RFP, the LDA will then refine its

requirements for the RFT. It is anticipated that, following this RFP, a maximum of three (3)

Proponents will be selected and invited to participate in an RFT process. However, the LDA

reserves the right to only shortlist one Proponent from the RFP stage and invite only that

Proponent to participate in the RFT stage. The LDA anticipates providing Tenderer/s with

assistance cost offset (proposed $40,000 per Tenderer). Conditions of payment will be

prescribed in the RFT.

(4) Following assessment of tenders from the RFT, the LDA and the preferred Tenderer will

negotiate and enter into a ‘Concept Development Agreement’ and exchange a contract for

sale for the Land. The Concept Development Agreement allows the preferred Tenderer to

undertake the Estate Development Plan (“EDP”) process without holding costs of Land, while

also giving the LDA certainty that the preferred Tenderer will deliver what it undertook to

deliver in its Tender.

(5) Once an EDP has been approved, the parties will complete the

and the successful Tenderer will be granted

Agreement that reflects the approved EDP.

(6) The following flow diagram illustrates the overall process.

7. KINGSTON ARTS PRECINCT

7.1 The Precinct

(1) The Precinct is a site of approximately 5.

the Former Transport Depot, Canberra Glassworks, Fitters’ Workshop and A

Telopea Park zone substation

project, the Territory has identifie

support of existing and future activities.

Request for

Proposals (RFP)

•Proposals to address evaluation criteria, including responding to Project Objectives, financial and capability/experience schedules.

•RFP stage may include presentations, site visits and other invitations at LDA's discretion.

•Shortlisting of Proponent/s to proceed to RFT.

Request For

Tender (RFT)

•Requirements of the RFT to be refined after the RFP process,

•Tenderers to provide a Tender in accordance with the RFT.

•Shortlisted Tenderers may be provided a cost offset (proposed $40,000 per Tender). Conditions to be prescribed in RFT.

•Preferred Tenderer is determined.

Concept

Development

Agreement (CDA)

•LDA and preferred Tenderer negotiate and execute the CDA and exchange the contract for sale.

•CDA is a framework that controls the process of approvals and accountability of both parties.

•CDA allows Tenderer to undertake EDP process without holding costs of Land, and gives certainty to the developer and LDA to deliver what was undertaken to be delivered in the Tender.

Deed Of

Agreement (DoA)

•When EDP is Holding Lease with attached DoA.

•DoA details staging, asset hand back timings and other relevant schedules subject to agreed development approach and financial arrangements.

Once an EDP has been approved, the parties will complete the contract for

and the successful Tenderer will be granted a Holding Lease with attached Deed of

Agreement that reflects the approved EDP.

The following flow diagram illustrates the overall process.

KINGSTON ARTS PRECINCT

The Precinct is a site of approximately 5.6ha in the heart of Kingston Foreshore.

the Former Transport Depot, Canberra Glassworks, Fitters’ Workshop and A

zone substation. Since Kingston Foreshore’s inception as an urban renewal

has identified the Precinct as an art and cultural focused hub in

support of existing and future activities.

Proposals to address evaluation criteria, including responding to Project Objectives, financial capability/experience schedules.

RFP stage may include presentations, site visits and other invitations at LDA's discretion.

Shortlisting of Proponent/s to proceed to RFT.

Requirements of the RFT to be refined after the RFP process, and CDA included with the RFT.

Tenderers to provide a Tender in accordance with the RFT.

Shortlisted Tenderers may be provided a cost offset (proposed $40,000 per Tender). Conditions to be prescribed in RFT.

Preferred Tenderer is determined.

LDA and preferred Tenderer negotiate and execute the CDA and exchange the contract for

CDA is a framework that controls the process of approvals and accountability of both parties.

CDA allows Tenderer to undertake EDP process without holding costs of Land, and gives certainty to the developer and LDA to deliver what was undertaken to be delivered in the

When EDP is approved, the contract for sale is settled and the successful Tenderer is granted Holding Lease with attached DoA.

DoA details staging, asset hand back timings and other relevant schedules subject to agreed development approach and financial arrangements.

9

ontract for sale for the Land

Lease with attached Deed of

ha in the heart of Kingston Foreshore. It includes

the Former Transport Depot, Canberra Glassworks, Fitters’ Workshop and ActewAGL

inception as an urban renewal

he Precinct as an art and cultural focused hub in

Proposals to address evaluation criteria, including responding to Project Objectives, financial

RFP stage may include presentations, site visits and other invitations at LDA's discretion.

and CDA included with the RFT.

Shortlisted Tenderers may be provided a cost offset (proposed $40,000 per Tender).

LDA and preferred Tenderer negotiate and execute the CDA and exchange the contract for

CDA is a framework that controls the process of approvals and accountability of both parties.

CDA allows Tenderer to undertake EDP process without holding costs of Land, and gives certainty to the developer and LDA to deliver what was undertaken to be delivered in the

approved, the contract for sale is settled and the successful Tenderer is granted a

DoA details staging, asset hand back timings and other relevant schedules subject to agreed

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7.2 The arts hub

(1) The Territory recognises that arts and culture are an integral part of the lives of individuals

as well as the whole social and economic fabric of the Territory. The arts help to define our

community’s identity and give expression to community values. Creativity is fundamental to

innovation and business growth. The Territory is seeking to energise the Precinct and

achieve the vision set out in the ACT Arts Policy ‘to be a diverse and dynamic arts ecology

valued locally, nationally and globally”.1

(2) The creation of the arts hub aims to add more vibrancy to the local arts sector by increasing

critical mass for local arts organisations. Arts hubs can also lead to simplified corporate

governance structures, and consolidated communications and marketing of the

organisations and their activities. The creation of hubs to encourage arts development

outcomes can also benefit from shared servicing to encourage collaboration among

professionals through cross organisational learning, improve coordination in events,

broaden constituent access, and facilitate innovative programs that cross organisational

boundaries. Through shared services arrangements, organisations have the potential to

reach more audiences, engage more people, and access more resources.

7.3 Vision

“Dynamic, inspirational, energetic: where artists, cultural organisations and creative

businesses make, teach, exhibit, perform and sell their work. The ACT’s destination of choice

to experience contemporary visual arts and culture.” 2

7.4 Location and site description

The Precinct is bounded by Wentworth Avenue and Eastlake Parade in Kingston Foreshore.

It is a place of great significance for Canberra as the home of some of our oldest, most

historical buildings including the Kingston Powerhouse, Fitters’ Workshop, Former Transport

Depot and Canberra Glassworks. A temporary car park is additionally located on site

servicing the immediate area. Figure 1 below delineates the Precinct.

1 ACT Arts Policy 2015, ACT Government, June 2015

2 Kingston Arts Precinct Strategy Final Report. Conroy, S., Davis, D., Kyle, S., Martin, E., Moyle, D., Middleton, C.

(March 2011) on behalf of the ACT Government

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Figure 1 – The Precinct

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8. DEVELOPMENT OUTCOMES

8.1 Overview

(1) The Development of the Kingston Arts Precinct is an opportunity to implement

placemaking strategies which enable and empower people to create streets and

places which are prosperous, liveable, health and green. The Kingston Arts Precinct

is a blank canvas with an opportunity to create a legacy that will inspire, move and

influence residents of Canberra as well as both domestic and international visitors.

(2) The Land is a unique site. Its location within Kingston Foreshore provides a

destination address. The existing heritage buildings provide a distinct character not

found in such scale in the ACT. The existing uses of the heritage buildings strengthen

the focus for arts centred activities. The development outcomes targeted by the

Territory provide the opportunity to combine creative thinking, excellence in design

and innovation in addressing layout, planning, construction and integration

challenges.

8.2 Precinct Management Plan

This RFP requires Proponents to develop an overarching Precinct Management Plan that

addresses the Precinct Objectives, the Urban Design Planning Principles and the Functional

Brief whilst minimising disruption to existing Precinct activities, surrounding businesses and

residents.

8.3 Precinct Objectives

In achieving the vision for the Precinct the LDA has developed a set of Precinct Objectives to

be achieved. The Precinct Objectives, in conjunction with the Urban Design Planning

Principles and Functional Brief, form the basis of the performance criteria of this RFP. The

Precinct Objectives can be found in Returnable Schedule 2.

8.4 Urban Design Planning Principles

(1) The Urban Design Planning Principles have been informed by previous studies such as the

Master Plan. The importance of maintaining key design and planning principles is to ensure

the development mirrors the wider Kingston Foreshore planning intent and considers site-

specific requirements such as heritage and car parking. The principles include:

(a) open space principles

(b) residential

(c) commercial and retail floor space

(d) car parking

(e) heritage

(f) building height

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(g) building design

(h) views

(i) connectivity

(2) This RFP requires Proponents to address these principles in responding to each Precinct

Objective. The Urban Design Planning Principles can be found at Annexure 1.

8.5 Functional Brief

(1) As noted above, Stewart Architecture, on behalf of artsACT, conducted the Feasibility Study

for the Precinct which produced the Functional Brief. The key component of the Functional

Brief was to document the requirements for eight artsACT funded organisations that will

operate in the Precinct including their gallery, workshop and meeting/administration

requirements. The consolidation of meeting and administration spaces has been taken into

consideration when the Functional Brief was compiled. The Functional Brief can be found in

Annexure 2.

(2) The Deed of Agreement will require the successful Proponent to substantially deliver the

Functional Brief before it can request the grant of consequent Crown leases for residential

uses.

(3) As set out in Returnable Schedule 3, Proposals must include a costing for delivery of the

Functional Brief. The costing should assume that the assets will be handed back to the

Territory upon delivery of the Functional Brief. However, the LDA may also consider

Alternative Proposals which contemplate a sublease or other occupancy arrangement to the

Territory of the improvements built in compliance with the Functional Brief. In their

Alternative Proposal, Proponents should set out details of the terms of such a lease including

the term, rent, outgoings and escalators.

8.6 Master Plan

(1) In May 2014, the Territory approved the Master Plan which provides the framework for the

future development of the Land. The Master Plan can be found at Annexure 3.

(2) The Master Plan illustrates how the area can provide a creative hub for Canberra's artistic

community alongside office, retail and residential uses supported by public areas and a

multi-storey car park. The Master Plan identifies an opportunity for between 22,339m² and

31,172m² of non-residential space in addition to approximately 5,300m² arts space.

(3) Prospective Proponents should note that they can propose design solutions that depart from

the Master Plan, provided that they demonstrate that they can deliver the Precinct

Objectives.

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Figure 2 – map of Master Plan

8.5 Feasibility Study

In June 2015 Stewart Architecture on behalf of artsACT released the Feasibility Study, which

defined artsACT’s functional requirements, commented on the car park and mixed-use

options incorporating input from cultural planners, governance consultants, heritage

architects and cost planners. The Feasibility Study can be found at Annexure 4.

8.6 Technical Amendment to the Kingston Foreshore Precinct Code

(1) The LDA has prepared a Territory Plan technical amendment to the existing Kingston

Precinct Code to be lodged by the LDA with the Planning and Land Authority for

consideration. Depending on feedback from the Planning and Land Authority this may

require a Territory Plan variation which will be facilitated by the LDA. Respondents should

allow flexibility in their responses in relation to the timing of commercial elements of their

proposed development above the current allowances. The Technical Amendment can be

found at Annexure 5.

(2) The amendment will address specific changes to the Land as a result of the Precinct

Objectives and the key outcomes of the Master Plan, allowing the Land to be developed with

the appropriate controls in place while avoiding restriction of certain outcomes. The key

changes include the following:

(a) Change of Use: The inclusion of hotel and childcare as permitted uses (subject to a

site audit statement approved by the EPA confirming that the Land is suitable for

these uses).

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(b) Height Provisions: Changing the height from defined storey limits to RL limits.

(c) GFA Limits: Removal of current restrictions and limitations for leases and tenancy

sizes, which are currently restricted to 2,000m2 leases with a limit of 500m2

tenancies.

(d) Visual Links and Shared Zones: Defined visual links and associated widths.

8.7 Landscape Framework

(1) The Landscape Framework is provided to assist Proponents in developing their Proposal and

estimating associated design costs. The Landscape Framework documents the surrounding

Kingston Foreshore public realm and streetscape finishes, themes and design intent. The

Landscape Framework can be found at Annexure 6.

(2) It is envisaged that the Precinct will follow a similar style to the surrounding Kingston

Foreshore environment. However, there is opportunity for Proponents to propose

alternative themes (ie. different to the Landscape Framework detail) that are consistent with

their proposed design response. Alternative themes should include a significant justification

of scope and purpose. Prospective Proponents should refer to the information regarding

Alternative Proposals in section 15.3 for further information.

8.8 Site Investigation Report (“SIR”)

The SIR has been prepared to combine all due diligence and consultancies undertaken to

date for the Land by the LDA. The SIR provides a single point of reference for reports

generated. These include car parking and traffic studies, contamination assessments and

geotechnical studies. The SIR is intended to assist Proponents in determining the existing site

conditions and help inform their responses to this RFP. The SIR can be found at Annexure 7.

8.9 Accommodation Brief

(1) artsACT has also identified the need to provide residential accommodation for visiting

artists, which allows national and international artists to work with artsACT funded

organisations and engage with the community through events and programs in the Precinct.

Currently, the Chapel is being utilised as accommodation for visiting artists. The

Accommodation Brief can be found at Annexure 8.

(2) Proponents must, as part of their Proposal, detail their approach to providing

accommodation for visiting artists in accordance with the Accommodation Brief. The

approach may consider the proposed accommodation type, location (which may be on the

Land or elsewhere within Kingston), financial structure and ownership details.

(3) Prospective Proponents should refer to Returnable Schedule 3 for costing requirements for

delivery of the Accommodation Brief.

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8.10 Car parking and Transport

(1) A main concern of surrounding residents and businesses is the ongoing availability of car

parking within the Kingston Foreshore. The waterfront activation along the Kingston

Foreshore has generated great interest with the ACT community as a destination, bringing

with it the challenges of accommodating visitor car parking in addition to the new residential

car parking. The Land is currently being utilised as a temporary surface car park with

approximately 623 car parking spaces. The introduction of paid-parking in the parliamentary

triangle, adjacent to Kingston Foreshore, led to the implementation of paid-parking on the

Land during weekdays to ensure local businesses had access to car parking that may

otherwise be used by commuters seeking free all day parking. Parking on the weekends is

currently unmetered.

(2) The Master Plan identifies a structured car park to the north of the Canberra Glassworks

heritage building. The car park location, as proposed in the Master Plan, requires the

demolition of the Chapel. In October 2014, conditional development approval was obtained

for the demolition of the Chapel on the basis that there was no prudent or feasible

alternative for the location of a structured car park.

(3) An updated car parking and traffic study was undertaken in June 2015 providing information

on the existing peak demand periods for car parking and surrounding intersection

capabilities.

(4) The Territory, through the granting of approvals for Multi Unit developments around

Kingston Harbour, has committed to accommodate 346 car parking spaces on the Land to

service the non-residential parking requirements of these developments.

(5) In addition to the above commitment, car parking on the Land needs to account for car

parking requirements generated by the existing uses of the Precinct (Former Transport

Depot and Glassworks activities) and the car parking requirements generated from future

development of the Land.

(6) When taking into consideration the Master Plan intent, the updated car parking and traffic

reports and considerations for existing and future site uses, the LDA will provide maximum

flexibility to Proponents in determining the best approach to delivering car parking for the

site. The LDA requires Proponents to demonstrate that they can provide at least the

minimum number of publicly available car parking spaces on weekdays (500 spaces) and on

weekends (800 spaces). These numbers have been determined by balancing the existing site

demands, expected uses for the Land into the future and the ability of the site to utilise car

parking across a week with varying uses.

(7) The approach to achieving the car parking requirements and in what format is at the

discretion of the Proponent and should be included in the design and response.

(8) Consideration needs to be given to the existing heritage buildings and potential limitations

for basement parking due to ground water levels.

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8.11 Heritage

(1) Prospective Proponents can read the heritage listing for the Kingston Powerhouse Historic

Precinct on the ACT Heritage Register:

http://www.environment.act.gov.au/__data/assets/pdf_file/0007/148426/473.pdf

(2) Prospective Proponents can also access the conservation management plans on the LDA’s

website:

http://www.lda.act.gov.au/kingston/kingston-arts-precinct

Canberra Glassworks – Block 12 Section 49 Kingston

(3) Built and funded by the Territory, and officially opened by Mr Jon Stanhope MLA, ACT Chief

Minister and Minister for the Arts and Heritage on 25 May 2007, Canberra Glassworks is

Australia's only cultural centre that is wholly dedicated to contemporary glass art. At its

core the Canberra Glassworks is a working glassworks that provides access to glassmaking

facilities for glass artists.

(4) Australia has developed an enviable reputation nationally and internationally for the quality

and skill of its glass artists. By providing essential equipment, space and development

opportunities through the Canberra Glassworks the Territory is giving these artists, and

those that follow, opportunities to grow and further develop their glass practice, and to

further contribute to this very special local industry.

(5) Canberra Glassworks provides artists with state-of-the-art equipment; intensive workshops

taught by leading glass artists; studios and mentorship programs; and a unique context to

explore, develop and realise new work.

(6) Canberra Glassworks also provides diverse opportunities for visitors to interact with and

learn about glass making and the heritage of the Canberra Glassworks. Visitors can meet

artists, see glassmaking as it happens, view exhibitions, take tours and have a hands-on

experience working with glass.

(7) The Canberra Glassworks will remain in Territory possession and is not offered as part of the

sale of the Land.

The Chapel

(8) The Chapel was built in 1948 and is located to the west of the Canberra Glassworks. It is

now used for short-stay artists' in residence accommodation for artists working at the

Canberra Glassworks.

(9) The Chapel is included in the sale of the Land however an existing licence is in place which

will need to be managed as part of the redevelopment of the Land. There is a conditional

development approval for the demolition of the building.

Fitters' Workshop

(10) Constructed in 1916-1917 and designed by John Smith Murdoch, the Fitters' Workshop

formed a key part of a wider industrial complex that enabled maintenance of government

plant and equipment, and construction work.

18

(11) The Fitters' Workshop has been used intermittently in recent years for exhibitions and

performance. Hire of the building is managed by ACT Property Group on behalf of artsACT.

(12) The Fitters’ Workshop will remain in Territory possession and is not offered as part of the

sale of the Land.

Former Transport Depot – Part Block 14 Section 49 Kingston

(13) The Former Transport Depot is of heritage significance, as the engineering and construction

of the 1940-41 fully welded rigid portal frame exhibits a high degree of technical

achievement and design quality, demonstrating new invention and application in Australia at

the time.

(14) The main building is subject to a 10-year licence to Dimor Pty Ltd which operates the Old Bus

Depot Markets each Sunday. However, parts of the building are available for community

hire on 6 days of the week (except for areas exclusively reserved to the licensee). This hire is

managed by ACT Property Group on behalf of artsACT.

(15) The LDA will consider offers from Proponents to purchase the Former Transport Depot

within the scope of the two-stage sale by tender which begins with this RFP, noting that this

would be subject to the completion of that sale occurring after the expiry of the licence to

Dimor Pty Ltd on 30 June 2025 (unless Dimor Pty Ltd surrenders or otherwise abandons the

licence before that date).

(16) In submitting a Proposal Proponents should elect whether their offer includes the purchase

of an option to buy the Former Transport Depot as part of the purchase of the Land by

completing the relevant details in Returnable Schedule 3.

Wentworth Avenue Offices– Part Block 14 Section 49 Kingston

(17) In June 2013, Megalo Print Studio + Gallery relocated to refurbished premises in the South

Offices of the Former Transport Depot on Wentworth Avenue, known as the “Wentworth

Avenue Offices”.

(18) The Wentworth Avenue Offices have been used for a variety of purposes over the years,

including government offices.

(19) The building includes printing studios, administration offices, gallery and retail spaces. Both

the gallery and retail spaces are open to the public.

(20) Sale of the Wentworth Avenue Offices may be considered as part of the sale of the Land

subject to proposed future use and stakeholder management of existing users. Proponents

that wish to include the purchase of the Wentworth Avenue Offices in their Proposal should

specify as such in their response to Returnable Schedule 3.

(21) Proponents who wish to include the purchase of the Wentworth Avenue Offices in their

Proposal may submit a request to the Sales Agent to view the terms of the existing

agreement, subject to the fulfilment of confidentiality requirements.

19

PART B – PROPOSAL REQUIREMENTS

9. INDICATIVE TIMETABLE

The indicative timetable relating to the two-stage process is as follows. Prospective

Proponents should note that the dates specified in the timetable are indicative only and are

subject to change at the LDA’s absolute discretion.

RFP Date

RFP release 3 October 2015

Industry Briefings 28 October 2015

Last day for asking clarification questions Wednesday 25 November

2015(no later than 5.00pm)

Final Clarification Responses published by the Sales Agent Thursday 3 December2015

RFP Closing Time 2pm (AEST)

10 December 2015

Evaluation of Proposals December 2015 – February

2016

Notification of shortlisted Proponents February 2016

RFT Date

Release of RFT to Tenderer/s February 2016

RFT closing date April 2016

Evaluation of Tender/s June 2016

Announcement of Preferred Tenderer June/July 2016

10. INDUSTRY BRIEFING

The LDA will convene a briefing on the RFP for prospective proponents. Details of the date,

time and venue of the briefing will be published by the Sales Agent. Any information

provided at the briefing will be provided subject to the terms and conditions of this RFP and

as otherwise notified. Questions and answers will be made available (on a non-attributable

20

basis) to all registered entities, omitting any information that is confidential to the entity

that asked the question.

11. LODGEMENT

(1) Proposals must be lodged no later than the Closing Time.

(2) Proposals must be lodged electronically via Tenders ACT. Hard copy proposals that do not

have an electronic copy submitted via Tenders ACT will not be considered.

(3) Proponents must register on Tenders ACT in order to lodge a Proposal. Proponents can

register at www.tenders.act.gov.au

(4) Submitted files must be lodged, as applicable, in the following formats:

a. PDF; and/or

b. Microsoft Word; and/or

c. Microsoft Excel.

(5) Submitted files must not exceed 100 MB in size.

(6) All enquiries in relation to this RFP must be directed in writing to the Sales Agent as

nominated in Section 13.

(7) All queries and requests for technical or operational support regarding lodgement

should be directed to:

Tenders ACT Team

Telephone: (02) 6205 9797

International: +61 2 6205 9797

Email: [email protected]

(8) The Tenders ACT Team is available between 9 am and 5pm ACT local time, Monday

to Friday (excluding ACT and national public holidays).

(9) Proponents are additionally encouraged to supply a hard copy of their proposal

enclosed in a plain envelope endorsed with “Kingston Foreshore Arts Precinct

Request for Proposal and delivered to the Tender Box at:

LDA Reception, Ground Floor TransACT House

470 Northbourne Avenue

DICKSON ACT 2602

(10) Proposals must not be lodged via email or facsimile, and not lodged with the Sales

Agent.

12. LATE, NON-COMPLIANT AND INCOMPLETE PROPOSALS

Late and incomplete Proposals, and Proposals lodged other than in compliance with this Part

B will be registered separately and may or may not be admitted to the evaluation process at

the sole discretion of the LDA without explanation to the non-conforming Proponent.

21

13. SALES AGENT

(1) The Sales Agent named below is the point of contact for all matters pertaining to this RFP:

Andrew Smith

Ray White Commercial Canberra

Phone: (02) 6162 0681

Mobile: 0409 600 471

Email: [email protected]

(2) The Sales Agent is the:

(a) person with whom prospective proponents should register their interest; and

(b) only authorised contact person for all matters relating to this RFP. Any

unauthorised contact by any person with LDA staff or other consultants in

connection with this RFP may result in exclusion of consideration of a submitting

proponent and it’s Proposal from the RFP process.

(3) Any Eligible Person may register interest in this RFP by notifying the Sales Agent in writing.

Eligible Persons are not required to register with the Sales Agent to submit a Proposal,

however, doing so will assist the Sales Agent to provide them with details of any industry

briefing/s and addenda, and obtain access to questions and answers submitted during the

RFP process.

(4) Addenda and questions and answers submitted during the RFP process will also be published

on the LDA’s website.

22

PART C – ASSESSMENT OF PROPOSALS

14. COMPLIANCE CONDITIONS

(1) Proposals which, in the opinion of the LDA:

(a) do not comply with the requirements of this RFP;

(b) are subject to any condition or requirement which is contrary to the requirements of

this RFP; or

(c) are subject to a condition or requirement that will require due diligence or other

investigations to be conducted in order to conveniently assess the Proposal against

the criteria of this RFP;

may be excluded from consideration by the LDA and not assessed against the evaluation

criteria.

(2) The LDA may at its sole discretion consider and assess incomplete or non-compliant

Proposals and seek any additional information or clarifications from Proponents.

15. EVALUATION CRITERIA

15.1 Proponent Declaration

To be eligible for consideration, Proponents must make the declaration set out Returnable

Schedule 1. Failure to make the declaration may result in the Proposal being set aside

without further consideration.

15.2 Criteria

(1) The LDA will assess all Proposals in accordance with the criteria set out in this section. Each

criterion is the subject of a Returnable Schedule in this RFP that more fully details the LDA’s

expectations.

(2) The “Action Required” in response to the criteria only indicates the minimum requirements

to be addressed by Proponents. Proponents have the responsibility of ensuring the

sufficiency of their responses in addressing the criteria.

(3) The responses to the criteria in each Proposal will be scored and those scores will be

weighted as set out in the table below.

Criteria

Returnable

Schedule (RS) and

Action Required

Weighting

%

1

Responding to Objectives: Extent to which the

Proposal addresses each Precinct Objective,

including demonstrating how the Proposal

resolves or otherwise addresses the site

constraints and opportunities.

RS 2

Address all RS

requirements

50

2 Financial Statement: Extent to which the

Proponent’s financial proposal addresses return

RS 3

Address all RS

requirements

20

23

to the Territory, clearly defining the

assumptions, inclusions and exclusions of its

Proposal and cost of delivering assets.

3

Past Experience and Project Team: Extent to

which the Proponent demonstrates:

• capability and experience of key team

members relevant to the delivery of the

Precinct Objectives; and

• experience and capacity in delivery of

similar projects.

RS 4

Address all RS

requirements

20

4

Program: Extent to which the Proponent

addresses:

• staging requirements;

• asset hand back timing; and

• car parking arrangements during

construction.

RS 5

Provide an

indicative program

10

15.3 Alternative Proposals

(1) The LDA will consider alternative Proposals that meet the Precinct Objectives but through

different financial arrangements/approaches such as alternative ownership of arts facilities.

(2) An Alternative Proposal will only be admitted to evaluation in the sole and absolute

discretion of the LDA, and generally only if a fully conforming Proposal is also submitted with

the alternative.

16. FURTHER INFORMATION

The LDA is under no obligation to seek clarifications or any other information regarding this

RFP. However, despite any other requirements of the RFP, Proponents may be required to

attend interviews, presentations, demonstrations, site visits or submit additional

information to allow full consideration of a Proposal.

24

PART D – CONDITIONS

17. RETURNABLE SCHEDULES

(1) Proponents must ensure that:

(a) if a Proponent:

(i) is a company, it must execute the Proponent Declaration:

(A) in accordance with section 127 of the Corporations Act 2001; or

(B) by attorney of the company pursuant to a power of attorney

registrable in the ACT;

(ii) is a natural person, the Proponent Declaration must be executed:

(A) by that person; or

(B) by attorney of that person pursuant to a power of attorney

registrable in the ACT;

(iii) represents a consortium:

(A) the Proponent Declaration must be executed by a single legal entity;

and

(B) Returnable Schedule 6 must be completed and returned with the

Proposal;

(b) all Returnable Schedules and all attachments and supporting material are written in

English; and

(c) measurements are expressed in Australian legal units of measure (metric where

applicable) and prices in Australian Dollars.

18. QUESTIONS

(1) Following release of this RFP, prospective Proponents may submit questions seeking

clarification or additional details about the RFP. All questions must be submitted:

(a) to the Sales Agent in writing at the email address stated in section 13; and

(b) on or before the last day for asking clarification questions set out in the RFP

indicative timetable in section 9.

(2) The LDA will provide answers to questions as it deems relevant to this RFP. The LDA is under

no obligation to provide answers in response to any questions, and will not provide answers

that:

(a) may disclose Confidential Information or privileged information; or

(b) may, in the opinion of the LDA, give an unfair advantage to any prospective

Proponent.

25

(3) The LDA will authorise the Sales Agent to publish questions and answers in a form

reasonably accessible to prospective Proponents, including on the LDA’s website.

19. ADDENDA

(1) The LDA may issue addenda to this RFP for the purposes of clarifying or amending it.

(2) Addenda become part of the RFP.

(3) The LDA will authorise the Sales Agent to publish addenda in a form reasonably accessible to

prospective Proponents, including on the LDA’s website.

20. CLOSING TIME

(1) The LDA may, at any time before the Closing Time, change the Closing Time to a later time or

date. If the LDA changes the Closing Time it will use reasonable endeavours to notify that

change to those who have registered with the Sale Agent as prospective Proponents.

(2) A Proposal lodged after the Closing Time may be reviewed by the LDA but will be excluded

from evaluation and will be returned to the Proponent unless, in the opinion of the LDA,

there are extenuating circumstances justifying the acceptance of the Proposal for

evaluation.

(3) A Proposal lodged by the Closing Time but otherwise not in compliance with this RFP may be

excluded from or admitted to evaluation by the LDA at its sole discretion.

21. LDA’s RIGHTS

(1) The LDA may at any time:

(a) cancel, add to or amend the information, requirements, terms, procedures or

processes set out in this RFP, including after the Closing Time;

(b) provide additional information to prospective Proponents including by way of

addenda;

(c) suspend or terminate the RFP process;

(d) admit or exclude any Proposal or Proponent from the RFP process;

(e) accept or reject or shortlist any Proposal, regardless of its compliance or non

compliance with this RFP;

(f) request and rely on any clarification or additional information from any Proponent;

(g) enter into negotiations with any one or more Proponents, including but not limited

to negotiations as to price;

(h) discontinue negotiations with any Proponent; or

(i) elect not to proceed to select any shortlisted Proponent(s) to proceed to the RFT

stage.

26

(2) Any time or date in this RFP is for the sole convenience of the LDA. The establishment of a

time or date in this RFP does not create an obligation on the part of the LDA, to take any

action or extend any right to any Proponent to expect that any action be taken on the date

established. The LDA may notify Proponents if the LDA exercises any of the rights listed in

this RFP but will not be obliged to provide any reasons for its actions.

(3) If this RFP provides that the LDA “may” do a thing, it may do so in its absolute discretion, at

any time and without having to notify any Proponent(s) or provide any reason(s).

22. EXCLUSIONS OF LIABILITY

(1) Participation in any stage of this RFP process or in relation to any matter concerning the RFP

process will be at each Proponent’s sole risk, cost and expense. The LDA will not be liable in

any circumstances whatsoever for:

(a) any cost, expense, loss, claim or damage arising out of, or in connection with, any

Proponent’s participation in this RFP process including the preparation and

submission of an Proposal, participation in a briefing or arranging and conducting a

site visit;

(b) any cost, expense, loss, claim or damage arising or resulting from the exercise of any

of the LDA’s rights referred to in this RFP; or

(c) any failure by the LDA to inform Proponents of the exercise of any of the LDA’s rights

or discretions under the RFP.

(2) The LDA will not be liable to any Proponent on the basis of any promissory estoppel,

quantum meruit or on any other contractual, quasi contractual or restitutionary grounds or

any rights with similar legal or equitable basis whatsoever or in negligence as a consequence

of any matter or thing relating or incidental to a Proponent’s participation in the RFP

process, including, without limitation, instances where the LDA:

(a) varies or terminates this RFP process or any negotiations with a Proponent;

(b) decides not to proceed with or to change any aspect of the RFP;

(c) exercises or fails to exercise any of its rights under or in relation to this RFP; or

(d) makes information available or provides information to a Proponent relating to its

assets, procedures, plans, existing arrangements for the project or any other future

arrangements.

23. DISCLAIMER

(1) This RFP is not an offer by the LDA to enter into a contract for sale for the Land, nor does it

constitute any recommendation in relation to any matter about any Land, and it does not

include any investment, accounting, financial, legal or tax advice.

(2) This RFP has been prepared for prospective Proponents' sole use in deciding whether to

respond to this RFP or to undertake further investigation of the opportunity described in it.

Neither the information in this RFP nor any other information provided to Proponents by the

LDA, its officers, employees, agents or advisers contains or purports to contain all the

27

information that Proponents would desire or require to assess the opportunity for

participation in the RFP process and the projects contemplated by the RFP. The LDA and its

officers, employees, agents, consultants and advisers are not under any duty at any time to

disclose any fact matter or circumstance concerning the LDA, the RFP process, the project

contemplated by the RFP or anything else

(3) In preparing their Proposals, it is the responsibility of Proponents to:

(a) determine their own due diligence investigations, inquiries, advice and knowledge

independently of any information which the LDA may at its discretion provide; and

(b) independently satisfy themselves as to the sufficiency and accuracy of information

provided in or with this RFP or otherwise provided by or on the LDA’s behalf to

them, and must conduct their own inquiries, investigations, analysis and appraisal of

this RFP, and must rely on appropriate professional advice about this RFP and all

information provided to them with respect to:

(i) the projects contemplated by the RFP; and

(ii) all assumptions, uncertainties and contingencies, which may affect the

projects contemplated by the RFP.

(4) Neither the release of this RFP, nor the submission of any Proposal, will create or evidence

any contractual or other enforceable obligations or any other binding undertaking of any

kind by the LDA (including one that could give rise to any promissory estoppel, quantum

meruit or on any other contractual, quasi contractual or restitutionary grounds or any rights

with a similar legal or equitable basis) in relation to:

(a) the conduct of this RFP process; or

(b) whether or not the LDA in fact enters into a contract with a Proponent.

(5) The LDA:

(a) is not, and will not be, responsible or liable for the accuracy, currency, reliability or

completeness of any information provided to Proponents;

(b) makes no express or implied representation or warranty that any estimate or

forecast will be achieved or that any statement as to future matters will prove

correct;

(c) expressly disclaims any and all liability arising from all information provided to

Proponents including errors or omissions contained in the information;

(d) except so far as liability under any statute cannot be excluded, accepts no

responsibility arising in any way from errors in or omissions from this RFP or any

information provided to Proponents in negligence;

(e) does not represent that they apply any expertise which can be relied upon by

Proponents or any other interested party;

28

(f) has no responsibility to inform Proponents of any matter arising or of which they

become aware which may affect or qualify any information provided to Proponents

in any way;

(g) accepts no liability for any loss or damage suffered by any person as a result of that

person, or any other person, placing any reliance on the contents of this RFP or any

information provided to Proponents; and

(h) assumes no duty of disclosure or fiduciary duty to any interested party.

24. OWNERSHIP OF RFP AND PROPOSALS

(1) In this RFP the expression “Intellectual Property Rights” means present and future copyright,

registered and unregistered trademarks, industrial designs and registered or registrable

patents, semiconductor and circuit layout rights, trade, business and company names, trade

secrets, or any other proprietary rights and any rights to registration of those rights in

Australia or elsewhere.

(2) All documents in this RFP are the property of the LDA. All Intellectual Property Rights

contained in this RFP are retained by the LDA and/or any third party who has given the LDA

permission to incorporate them in this RFP. No part of this RFP may be reproduced, stored

in a retrieval system or transmitted in any form, by any method, including electronic, for any

purpose, except as expressly permitted under applicable legislation or by permission of the

LDA. However, the LDA grants a limited licence to Proponents solely for the purpose of

reproducing any information provided by the LDA in electronic format as part of this RFP for

the sole and exclusive purpose of preparing their Proposal.

(3) The LDA may, at any stage during the RFP process, require Proponents to:

(a) return to the LDA; or

(b) destroy and provide the LDA with certification of the destruction of,

any information supplied by the LDA to Proponents, in any material form, in connection with

the RFP.

(4) Upon lodgement, all Proposals will become the property of the LDA. The LDA may make

further copies of, and use, any Proposal for the purpose of conducting the RFP process and

evaluating Proposals. However, any Intellectual Property Rights in the information

contained in the Proposals will not pass to the LDA simply by virtue of the lodgement of that

Proposal.

25. DISCLOSURE OF CONFIDENTIAL INFORMATION

(1) Any requests for information contained in Proposals to be treated as Confidential

Information will be considered by the LDA in its absolute discretion.

(2) If the LDA provides Proponents with information expressly stated as Confidential

Information, the Proponents must not disclose that information to any person other than to

their employees or advisers directly involved in the preparation of their Proposal.

29

Proponents must comply with this obligation both during and after the RFP process, for so

long as such information is considered by the LDA to be Confidential Information.

26. APPLICABLE LAW

The law applying in the Australian Capital Territory applies to this RFP process.

27. SECURITY, PROBITY AND FINANCIAL CHECKS

(1) The LDA may perform security or financial (including credit) checks in relation to

Proponents, their directors, partners, associates, or related entities including consortium

members and their officers or employees. This may also include contact with financial

advisers and auditors to clarify information or seek additional information. These checks

may require individuals to sign forms verifying information relating to an individual and/or

authorising the provision of confidential or personal information. Proponents must provide,

at their cost, all reasonable assistance to the LDA in this regard.

(2) The LDA also reserves the right to contact any person or organisation that a Proponent

specifies in their Proposal, which may include but is not limited to key personnel, members

of the core team and referees.

28. CONFLICTS OF INTEREST

A conflict of interest may arise, for example, if the Proponent or any of its personnel has a

relationship (whether professional, commercial or personal) with another party who is able

to influence the matter (such as LDA personnel or advisers). If a Proponent identifies that a

conflict of interest exists or might arise in its participation in the RFP process, the Proponent

must notify the Sales Agent of the relevant circumstances as soon as practicable after

becoming aware of the conflict or potential conflict, identify that actual or potential conflict

of interest in writing in its Proposal, and complete the Proponent Declaration in the

Returnable Schedules in relation to conflict of interest. If the conflict or potential conflict

arises after the lodgement of the Proposal, the relevant Proponent must notify the Sales

Agent as soon as possible.

29. FALSE AND MISLEADING CLAIMS

Proponents are advised that giving false or misleading information is an offence. The LDA

may reject any Proposal which is found to have made a false or misleading claim or

statement.

30. COLLUSIVE BIDDING

(1) Proponents, consortium members and their respective officers, employees, agents and

advisers must not engage in any collusive bidding (other than bidding by consortia to the

extent permitted by this RFP), anti-competitive conduct or any other similar unlawful

conduct with any other Proponent or any other person in relation to the preparation or

lodgement of their Proposal.

(2) In addition to any other remedies available, the LDA may in its absolute discretion reject any

Proposal lodged by a Proponent that the LDA suspects is engaging or has engaged in any

collusive bidding, anti-competitive conduct or any similar conduct with any other Proponent

30

or any other person in relation to the preparation or lodgement of its Proposal. The LDA

may also involve the Australian Competition and Consumer Commission to provide

assistance to the LDA in relation to any competition issues concerning a Proponent or

related to a Proposal.

31. UNLAWFUL INDUCEMENTS

Proponents and their officers, employees, agents or advisers must not have violated and

must not violate any applicable laws or the LDA or Territory policies regarding the offering of

inducements in connection with the preparation of their Proposal.

32. IMPROPER ASSISTANCE

(1) Proponents must not communicate with nor solicit information concerning or relating to the

RFP process from employees of the LDA or of the Territory.

(2) Proponents may only communicate with the Sales Agent in the first instance.

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RETURNABLE SCHEDULE 1

Proponent Declaration

I/We hereby submit a Proposal for the purchase of the Land.

I/We have read and understood the RFP.

I/We have sighted all addenda to this RFP.

I/We have undertaken reasonable checks and searches and am/are not aware of any information,

relationships or other matters that may give rise to a conflict of interest or the potential for a conflict

of interest in respect of this Proposal that has not been disclosed to the LDA in writing.

I/We confirm that all information in this Proposal is true and correct at the time of lodgement.

Full Name and / or Name of Company

ACN (Australian Companies Number) (if applicable)

Business Address Postal Address

State P/Code State P/Code

Telephone No Mobile No Facsimile No Email address

Proponent’s Representative

(include telephone number)

Position Held by Proponent’s Representative

Signature of Director if corporation else Proponent Printed Name

Date

Signature of 2nd Director if corporation else Witness

Printed Name

32


Precinct Objectives – Extent to which the Proposal addresses each Precinct Objective,

including demonstrating how the Proposal resolves or otherwise addresses the site

constraints and opportunities.

(1) Proponents should set out in their response to this Returnable Schedule 2 a proposal in

respect of the physical development of the Precinct in a manner consistent with Precinct

Objectives below. The Proposal must address each Precinct Objective and demonstrate how

the Proposal resolves or otherwise addresses the site constraints and opportunities.

(2) The Precinct Objectives should be met in a manner consistent with both the Urban Design

Planning Principles and the Functional Brief.

(3) The written response to this Returnable Schedule 2 must be limited to a maximum of 20

pages. The limit does not include graphics such as drawings and designs.

(4) When addressing the design criteria in the Urban Design Planning Principles, the response

should be graphically rich in nature and include a proposed concept for the Precinct.

Proponents are also encouraged to provide photographs, images and details of previous

projects with which they have been involved to help demonstrate the design intent and

meeting the Urban Design Planning Principles.

(5) The Precinct Objectives are as follows:

No. Objective Description

1

Develop an arts hub that:

• encourages diversity in creating a vibrant and lively precinct.

• respects, incorporates and enhances the Precincts significant heritage

aspects including built form and social history.

• takes into consideration the requirements in relation to artists.

accommodation in accordance with the Accommodation Brief. The approach

may consider the proposed accommodation type, location (which may be on

the Land or elsewhere within Kingston), financial structure and ownership

details.

• delivers to the Territory improvements set out in the Functional Brief to

facilitate the requirements of artsACT and the arts organisations to move

into the arts hub .

2

Showcase thoughtful design and innovation through:

• activation and placemaking, with a particular focus on weekday daytime

activation, providing a diversity of activities.

• a mix of community and commercial spaces and an inviting destination night

and day that appeals to a wide cross-section of the local, national and

international community.

• integrated approaches in Precinct planning, design and construction to create

seamless interaction between external and internal public spaces enabling a

33

variety of uses that creates an attractive and safe public domain.

3

Maximise public car parking to support the broader Kingston Foreshore

development and future Precinct activities and ensure:

• 500 permanent car parking spaces are publicly available during weekday

trading and exhibition hours and 800 permanent car parking spaces are

publicly available on weekends in addition to carparking spaces generated

from new onsite uses during their hours of operation.

• a development staging plan that includes provisions for that includes

provisions for 623 temporary car parks within a 400 metre radius of the Land

to maintain support of existing Precinct activities during construction.

4

Return to the Territory including:

• completing the development of the Precinct within the proposed 10 year

development timeframe.

• financial model proposed inclusive of the land purchase price, asset

management costs and ongoing Precinct management costs.

5

Future proofing of the Precinct that:

• explores opportunities for future Precinct management (post the proposed

10 year development timeframe) and placemaking to support the arts and

promote activation of the area.

• responds to existing Precinct operating business license requirements and

provides options for future uses.

34

RETURNABLE SCHEDULE 2: RESPONSE TO PRECINCT OBJECTIVES AND MANDTAORY DELIVERABLES

ACT Government Objectives Matrix for the Kingston Foreshore Arts Precinct (Section 49)

ACT Government Mandatory

Deliverables 1.1. Develop an

arts hub

1.2. Showcase thoughtful

design and innovation

1.3. Maximise

public carparking

1.4. Return to the

Territory

1.5. Future proofing of

the Precinct

1. Meeting the Urban Design Planning

Principles � � � � �

2. Meet the artsACT Functional Brief � � �

3. Temporary and permanent car parking � � � �

5. Submission of a proposed management

model that addresses future precinct

management � � � �

6. Provide a development staging plan and

program that demonstrates the timely

completion of the Precinct � � � �

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Financial Statement – Extent to which the Proponent’s financial proposal addresses return

to the Territory, clearly defining the assumptions, inclusions and exclusions of its Proposal

and cost of delivering assets.

(1) Proponents should set out in their response to this Returnable Schedule 3 a proposal in

respect of the estimated financial costs and returns to the Territory of their Proposal

including:

(a) what land they propose acquiring (whether the Land alone or the Land in

conjunction with either or both the Former Transport Depot and/or Wentworth

Avenue Offices);

(b) purchase price for the Land and the Former Transport Depot and/or Wentworth

Avenue Offices if part of the Proposal (a separate price should be provided for each);

and

(c) costings of the required car parking and hand back assets as listed below.

(2) The Proposal must address return to the Territory and clearly define the assumptions,

inclusions and exclusions of its Proposal and cost of delivering assets.

(3) Where Proponents submit an Alternative Proposal which contemplates alternative

ownership/occupancy agreements such as sublease/licence in respect of either or both of

the Functional Brief and Accommodation Brief, they must provide sufficient details to permit

the LDA to determine the net present value of each alternative including term, rent,

outgoings and escalators.

Minimum requirements for Financial Statement

Proponents are required to provide a financial statement which contains the following as a

minimum. Proponents are responsible for ensuring they have adequately costed all elements of

their Proposals.

Amount Assumptions, if any

Proposed purchase price for the Land.

Proposed purchase price for the Former

Transport Depot (if applicable).

Proposed purchase price for the

Wentworth Ave Office (if applicable).

Cost to deliver the Functional Brief

including the proposed

occupancy/ownership of the delivered

asset

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Cost to deliver the car parking

requirements set out in the Precinct

Objectives

Cost to deliver the proposed public realm

and open space for the Precinct as set out

in the Landscaping Framework in Annexure

6.

Additional requirements for Alternative Proposals for ownership or occupancy agreements

If the Proponent is submitting an Alternative Proposal offering to provide the requirements of the

Functional Brief or Accommodation Brief other than as a “hand back” (for example a licence or

sublease to the Territory), the Proposal should address the matters below:

Nature of

agreement

Term, rent,

outgoings and

escalators

Assumptions, if

any

Proposed ownership/occupancy

agreements re Functional Brief

Proposed ownership/occupancy

agreements re Accommodation Brief

37


Past Experience and Project Team – Extent to which the Proponent demonstrates:

• capability and experience of key team members relevant to the delivery of the

Precinct Objectives; and

• experience and capacity in delivery of similar projects.

(1) Proponents should set out in their response to this Returnable Schedule 4 evidence of the

capability and experience of their proposed Project Team to deliver the Precinct Objectives

as well as experience and capacity in the delivery of similar projects.

(2) Proponents must include the following information in their Proposal:

(a) demonstrated capability, experience and expertise in respect of the delivery of

design excellence on other major projects, including each aspect of design, including

building form, urban design and landscape.

(b) proposed methodology to achieve a high quality urban precinct that addresses the

nominated outcomes (including the integration of public and private spaces).

(c) capability , experience and proven record of the proposed design team

demonstrated in similar developments with respect to:

(i) master planning, architectural concepts and capability to achieve design

excellence objectives.

(ii) achieving high quality outcomes and design management, construction

management and quality control.

(3) Proponents should:

(a) provide details and experience of the proposed project manager and direct

employees, including the curriculum vitae of the key personnel and details of the

team structure and organisation.

(b) identify each core team (e.g. nominated architect) and the name(s) of the principal

members only (this must include a statement signed by the principal of each core

team that the core team has been consulted in relation to the Proposal and that all

members are willing and able to commit to the project, should the Proponent be

successful).

(c) provide a list of key personnel with a maximum 2 page CV per person

(d) provide an organisation chart/table of organisation for the key personnel

(4) The Proponent should provide details of no more than five relevant projects undertaken by

the Proponent over the last ten years, including details of the following information for each

project:

(a) project name and location

38

(b) client (if any)

(c) type of project (e.g. residential, commercial, retail, etc)

(d) size of project (land area, number of lots/precincts/dwellings, gross floor area)

(e) construction time and status and date of completion

(f) method of development (e.g. joint venture, etc)

(g) innovation

(h) market conditions

(i) marketing

(j) disposal/exit mechanism

(k) operational success

(5) The Proponent may provide the name and contact details of three referees who can attest

to the capacity, performance and experience of the Proponent to deliver the Precinct

Objectives.

39


Indicative Development Program – Extent to which the Proponent addresses:

• staging requirements;

• asset hand back timing; and

• car parking arrangements during construction.

(1) In their response to this Returnable Schedule 5 Proponents should submit a proposal in

respect of the estimated timetable for the delivery of Precinct Objectives including:

(a) an indicative timeline for the development of the entire Precinct;

(b) commissioning and availability of the assets set out in the Functional Brief and

Accommodation Brief; and

(a) delivery and hand back of any assets to be returned to the Territory as part of the

public realm of the Precinct.

(2) Proponents must include details of a development staging plan that addresses staging

requirements, asset hand back timing and car parking arrangements, including temporary

car parking arrangements during construction.

(3) Proponents should note that, consistent with section 0(2) of this RFP, the Deed of

Agreement will require the successful Proponent to substantially deliver the Functional Brief

before it can request the grant of consequent Crown leases for residential uses. Proponents

should take this into account in preparing their Indicative Development Program.

40


Consortium members and details

Member # 1 Member # 2 Member # 3

Member's Name:

ACN/ABN:

Registered Office:

Principal Place of Business:

Date and Place of

Incorporation:

Trading and Business Names:

Registered Business Number:

Registration for GST: Yes / No

Telephone Number

Business Telephone:

After Hours:

Contact Person

Name:

Position:

Address:

Telephone Number:

Fax Number:

Email Address

MEMBER DETAILS (AS ABOVE) MUST TO BE PROVIDED FOR EACH CONSORTIUM MEMBER.

Attach extra pages as required for any additional consortium members.

Indicate the nature, structure and shareholding of the Proponent and outline the proposed financial

arrangements underpinning the consortium:

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ANNEXURES – REFERENCE MATERIAL

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Annexure 1 – Urban Design Planning Principles

43

Annexure 2 – artsACT Functional Brief

44

Annexure 3 – Kingston Section 49 Master Plan

45

Annexure 4 – Kingston Arts Precinct Feasibility Study

46

Annexure 5 – Kingston Precinct Code – Technical Amendment

47

Annexure 6 – Kingston Section 49 – Landscape Framework

48

Annexure 7 – Site Investigation Report

49

Annexure 8 – artsACT Artists Accommodation Brief

50

Annexure 9 – Specimen Licence

request for proposals for the sale and development … · is to create economic, environmental and...

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