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Springwood Town Centre Project
Call for Expressions of Interest No. 2007-001
Closing time: 2.00 PM EDST, Friday 14th December 2007

I have tried to make this a faithful copy, but, for the exact wording, you should go to the source
See also: Cover page

Call for Expressions of Interest

 

Table of contents

Table of Figures

Part A: Introduction

A.1 Introduction

Blue Mountains City Council (Council) is seeking by way of this Call for Expressions of Interest Document (Call Document) Expressions of Interest (EOI) for the development of one or more strategic sites (Sites) in the Springwood Town Centre (Town Centre).

Council is seeking EOI from interested parties (Proponents) for the outright sale, lease, stratum subdivision, or some other form of agreement between the Council and the Proponent.

This Call Document sets out the terms and conditions by which Proponents may submit an EOI. A Proponent may submit an EOI for one or more of the Sites.

The Council notes that an agreement between a Proponent and the Council, for the development of a Site or Sites in the Springwood Town Centre, may fall within the definition of "public-private partnership" in s400B of the Local Government Act 1993 (LGA). In that event, the agreement, and the process followed prior to the signing of the agreement, would be required to comply with the Public-Private Partnership Guidelines issued by the Director General of the Department of Local Government in September 2005 and with the relevant provisions of the LGA.

A.2 Procurement Process

A two stage procurement approach is proposed, as follows:

Stage 1: Call for Expressions of Interest (Call)

This is a process to invite and evaluate EOIs, and select a short list of Proponents to be invited to submit detailed proposals for the Sites. Tendered prices for the Sites are not being asked for at this point.

Stage 2: Request for Detailed Proposal (RDP)

This is a process to invite and evaluate proposals from the short-listed Proponents that will address detailed design proposals, financial offers to Council, identification of risks and proposed project programs. Invitations to submit a detailed proposal will be extended at Council's absolute discretion. Council envisages that it will nominate short-listed Proponents by the end of April 2008.

A.3 Structure of Call Document

The Call Document is comprised of the following:

Parts A - D and Part F are to be read and kept by the Proponents.

Only Part E is to be completed and returned to the Council.

Part B: The offer

B.1 Background

Council has resolved to consider the use of Council owned and/or managed land within the Springwood Town Centre as a catalyst to assist the further development of the Town Centre. The land identified for consideration consists of three Sites identified as:

Some of the land parcels which form the Northern Car Park are Crown Land and because of this the Department of Lands (Lands) is also participating in the Project.

Springwood Town Centre is one of the two major retail, commercial and community focal points within the Blue Mountains City local government area (the other being Katoomba). A development which includes a supermarket and specialty shops is located nearby in Winmalee.

For the purpose of the Project, the Town Centre is defined as the area shown in Figure 1 below.


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Figure 1: Springwood Town Centre

The Sites offer development opportunities for various uses including retail, commercial or mixed use buildings that it is hoped will provide a demonstrable economic boost to the Town Centre and the Lower Blue Mountains.

During 2007, Council has undertaken various investigations and community consultation, including the exhibition of an Options Report that presented a broad range of options for the community to consider prior to proceeding with this Call. This Options Report can be found on Council's website at www.bmcc.nsw.gov.au

B.2 Project Objectives

B.2.1 Objectives

The primary objectives of the Springwood Town Centre Project are:

The underlying economic, social, cultural and environmental objectives for the Town Centre are as follows:

Economic Objectives

Social & Cultural Objectives

Environmental Objectives

B.3 The Sites

This section provides a description of the Sites and a summary of the relevant planning controls. A table showing detailed property information is provided in Appendix 1; accompanying site maps are provided at Appendix 2; and general survey information for each site is supplied in Appendix 3.

B.3.1 Civic Centre Site

(102-108 Macquarie Road, Springwood)

The Civic Centre Site comprises two lots with a combined area of 9,288m2. The site has frontages to both Macquarie Road (77m) and David Road and has a depth of 109m. The site has a fall ranging from 0 to 22% from the north to the south.

The site is currently used for various public facilities. The Civic Centre and Neighbourhood Centre (constructed in 1966) are located within two attached buildings on the western side of the site. 'Braemar', a heritage listed dwelling (constructed in 1892), is located on the eastern side of the site fronting Macquarie Road. A Public Library and Council Offices (constructed in 1976) are located between Braemar and a car park containing 80 parking spaces. Vehicle access points are located on both frontages.

Adjoining the site to the west is the Oriental Hotel, a supermarket (Supa IGA) and a number of smaller retail stores. Residential dwellings adjoin the site to the south and to the east, including 'Danebury' immediately to the east. To the north of the Civic Centre site is Buckland Park.

Braemar, Buckland Park, the Oriental Hotel and Danebury are listed as heritage items under Schedule 6 of LEP 2005. Draft Amendment No.1 to Local Environment Plan 2005 (LEP 2005) identifies the Civic Centre site and surrounding precinct as Heritage Conservation Area SP056.

B.3.2 Northern Car Park

(169-177 Macquarie Road, Springwood)

The Northern Car Park comprises five lots in two ownerships. The area is 5,197m2, of which the Council owns 1,978m2; the remainder (3,219m2) is Crown land owned by the Department of Lands.

The site is in the centre of the town with a frontage to Macquarie Road of 87m. Greenway Lane is a through road which runs along the western and northern boundaries and is located within the site. Council wishes to maintain this through access in any redevelopment of the site. The Main Western Railway line adjoins the northern boundary of the site, with Springwood Train Station located 120m to the west. A supermarket (Franklins) adjoins the eastern boundary of the site, and to the west is a Post Office and real-estate agency. The Post Office site is listed as a heritage item under Schedule 6 of LEP 2005.

The site, which is relatively flat, operates principally as a public car park and contains 93 parking spaces. The Crown land contains a toilet block in the centre of the car park; the Early Childhood Health Centre operated by the Western Sydney Area Health Service; and a children's playground fronting Macquarie Road. The Council land includes the former Scout Hall site and the lot to the west of the toilet block both of which are vacant and in use for car parking and access.

B.3.3 Southern Car Park

(178-184 Macquarie Road & 50- 62 Springwood Ave, Springwood)

The Southern Car Park comprises nine lots with a total area of 4,825m2. The site falls from the north to the south, and is used as a public car park with a capacity of 127 parking spaces. The site also provides the only means of vehicular access to private parking spaces located under various shops directly fronting Macquarie Road.

The site adjoins the rear of a number of retail and commercial developments, and the Town Square, which front Macquarie Road to the north. The southern boundary extends 126m and contains two vehicular access points to Springwood Avenue. The eastern boundary adjoins the Presbyterian Church which is listed as a heritage item under Schedule 6 of LEP 2005.

Some of the lots comprising the Southern Car Park are classified as Community Land. Community Land can be used to accommodate additional or displaced car parking (for example) or other community uses. However, Community land cannot be used, sold or leased for commercial purposes unless it is re-classified as Operational land. Council must consider any proposed reclassification of any Community or Operational land in accordance with the relevant provisions of the Local Government Act 1993.

Draft Amendment No. 1 to LEP 2005 identifies the Former School of Arts Site (now the Town Square and Lot 1 DP 937525) as Heritage Item SP065.

B.4 Planning Controls

The key planning controls that govern the use and development of the Sites include:

All Sites are zoned Village - Town Centre within the VTC-SP01 precinct and the Accessible Housing Area provision pursuant to Blue Mountains Local Environmental Plan 2005 (LEP 2005). Development for a range of purposes is permissible within the VTC-SP01 precinct. The provisions regulating development within the precinct are found in Schedule 1 of LEP 2005. Those provisions regulate the height of buildings, density, and setbacks amongst other matters. The Accessible Housing Area provision permits each site to be used for the purposes of housing for older people and for people with a disability.

The Southern Car Park and Civic Centre site have minor areas affected by the Protected Area - Slope Constraint Area, which reflects the sloping topography of the land.

Further information on Council's planning controls and policies which will be relevant to the development of the Sites is available on its website at www.bmcc.nsw.gov.au

B.5 Preferred Site Outcomes

Council has undertaken various investigations and community consultation to identify potential development opportunities and define the preferred outcomes for the Sites.

B.5.1 Civic Centre Site

The preferred outcomes for the Civic Centre Site are aligned with Council's desire to create a Civic Precinct centred on the Civic Centre Site. The preferred outcomes for the Civic Centre Site include:

B.5.2 Northern Car Park

The preferred outcomes for the Northern and Southern Car Park sites support Council's desire to create a mixed use precinct at the centre of the Town Centre with strong linkages between the two sites and adequate car parking to support the centre of the Town Centre.

The preferred outcomes for the Northern Car Park site include:

B.5.3 Southern Car Park

The preferred outcomes for the Southern Car Park site include:

Part C: EOI Process & Evaluation

C.1 Information Required

EOIs submitted in response to this Call Document must directly address the information and requirements set out in this Call Document. To facilitate the evaluation process and promote fairness and comparability, Proponents will be required to structure their EOI strictly in the format specified in the attached Response Forms (See Part E of this Call Document).

For the Evaluation Panel to make a thorough and fair assessment of each EOI and the Proponent's capacity and capability, Proponents are required to provide sufficient information on each item outlined in the Response Forms to enable objective evaluation against the evaluation criteria stated in this Call Document.

If a Proponent fails to supply the information requested in the Response Forms, the Evaluation Panel has the absolute discretion to discontinue further consideration of the Proponent's EOI.

C.2 Lodging EOIs

C.2.1 Lodgement Process

Each Proponent must lodge its EOI/s on line using www.tenders.nsw.gov.au/wsroc ("Electronic Tender Box") before the Closing Time of 2.00 PM Eastern Daylight Savings Time on 14th December 2007.

Council will not accept late EOIs. The time displayed on the Electronic Tender Box is deemed to be the correct time and will be the means by which Council will determine that EOIs have been lodged by the Closing Time. The judgement of Council as to the time an EOI has been lodged will be final.

Council may, by written notice, extend the Closing Time. Where Council extends the Closing Time, the new Closing Time will apply equitably to all Proponents. Lodgement of an EOI by the Closing Time is entirely a Proponent's responsibility.

Proponents must provide with their EOI:

  1. Completed PART E: Response Forms
  2. Supporting documentation that the Proponent wishes to submit (if any).

The Electronic Tender Box allows proponents to download Call documentation and upload EOI responses. Where there is any inconsistency between the EOI lodgement procedures set out on the Electronic Tender Box website and those set out in this EOI Call Document, this EOI Call Document will prevail.

All Electronic Tender Box queries and requests for technical or operational support must be directed to:

eBS Support Desk

Telephone: 02 9372 8333

Email:eBS SupportDesk@commerce.nsw.gov.au

If Proponents have any problem in accessing the Electronic Tender Box website or uploading an EOI they must contact the Electronic Tender Box Support Desk prior to closing time.

In submitting an EOI electronically the Proponent warrants that they have taken reasonable steps to ensure that EOI response files are free from viruses, worms or other disabling features which may affect the Electronic Tender Box and/or Council's computing environment.

Before submitting an EOI a Proponent must:

  1. (a)ensure their technology platform is compatible with the Electronic Tender Box;
  2. (b)refer to Electronic Tender Box's help guidance, if required, on uploading Tenders;
  3. (c)take all steps to ensure that the EOI is free from anything that might reasonably affect useability or the security or operations of the Electronic Tender Box and/or Council computing environment; and
  4. (d)ensure that the EOI does not contain macros, script or executable code of any kind unless that specific material has previously been approved in writing by Council.

Proponents must allow sufficient time for EOI lodgement, including time that may be required for any problem analysis and resolution prior to the Closing Time.

EOIs lodged through the Electronic Tender Box will be deemed to be authorised by the Proponent.

Proponents acknowledge that although Council has implemented the security measures described on the Electronic Tender Box, Council does not warrant that unauthorised access to information and data transmitted via the Internet will not occur.

Proponents acknowledge that:

  1. (a)lodgement of their EOI on time and in accordance with the terms and conditions of this EOI is entirely their responsibility; and
  2. (b)Council will not be liable for any loss, damage, costs or expenses incurred by proponents or any other person if, for any reason, an EOI or any other material or communication relevant to this EOI, is not received on time, is corrupted or altered or otherwise is not received as sent, cannot be read or decrypted, or has its security or integrity compromised.

Whilst text and graphics should be submitted in PDF, any other material should be submitted in such a way as to allow the Evaluation Panel to view and interrogate the program and the data.

C.2.2 Complying EOI

Proponents must submit a complying EOI.

A complying EOI is one that substantially complies with the requirements of this Call. Where an EOI does not substantially comply with the requirements of this Call the Evaluation Panel may determine in its absolute discretion whether or not such non-complying EOI may be considered for evaluation.

C.2.3 Alternate EOI

Proponents may also submit alternate EOIs, being EOIs which provide alternative EOIs or solutions. Alternate EOIs must be clearly marked and be submitted as a separate bound EOI and comply with the provisions outlined below.

A Proponent's alternative EOI will not be considered for evaluation by the Evaluation Panel unless the Proponent also submits a complying EOI. An alternative EOI must be clear in respect of the variance from the complying EOI and the effect of the variance.

Where the information provided with respect to the complying EOI is applicable to the alternative EOIs, there is no requirement for such information to be repeated, but this must be clearly identified and cross referenced so as to allow for evaluation of the alternative EOI.

C.3 EOI Evaluation Process

C.3.1 Evaluation Criteria

The following criteria will be used as the basis for the evaluation of EOIs received. Note that the order of criteria as listed is not reflective of their individual weightings or importance.

C.3.2 Development Concepts

Proponents will also be required to provide preliminary development concepts in relation to their EOI. In addition to the evaluation criteria listed above, in order for Proponents to be recommended for short listing to proceed to Stage 2, they will need to provide sufficient detail in their EOIs to address to the satisfaction of Council the matters specified in Form 8 of the Response Forms.

In providing a response to the matters specified in Form 8 of the Response Forms, Proponents should note that the level of detail required at Stage 1 must be sufficient to demonstrate to Council's satisfaction that they comply with relevant planning policies, and are able to meet the Project Objectives and the Preferred Site Outcomes.

However, Proponents will not be required to provide detailed design drawings in Stage 1 EOIs.

C.3.3 Evaluation Panel

The evaluation of EOIs will be the responsibility of an Evaluation Panel. The Evaluation Panel will be assisted by various independent advisers and an independent probity auditor.

The terms of reference for the Evaluation Panel will include, but not be limited to, the following:

The recommendations of the Evaluation Panel will be forwarded to the General Manager for recommendation to Council.

The Council may, in its sole discretion, select the Proponents whose names will be placed on the short list and who may be invited to participate in Stage 2 of the procurement process. The Council's decision concerning the short-listing of proponents will be final. The Council is not bound to consider any correspondence or representations that may be made concerning its decision and the Council will not do so.

C.3.4 Preliminary Evaluation

A preliminary evaluation will be carried out to confirm that EOIs are compliant EOIs and to establish the EOIs that will be considered for detailed evaluation. If an EOI does not contain sufficient information to enable the EOI to be evaluated, the Evaluation Panel may determine that it should not proceed to detailed evaluation.

Where the Evaluation Panel notes omissions in an EOI that can be rectified by the Proponent then the Evaluation Panel, in its absolute discretion, may request a Proponent to provide the omitted information or to provide clarification.

C.3.5 Detailed Evaluation

EOIs that proceed to detailed evaluation will be assessed against the Evaluation Criteria set out in this Call.

C.3.6 Presentation by Proponents

The Evaluation Panel reserves the right absolutely to seek further information by way of verbal presentations or further more detailed presentations in order for it to make a recommendation to Council as to the preferred Proponent(s).

C.3.7 Ranking

Any ranking of Proponents that may result from the evaluation will not be disclosed.

C.3.8 Notification to Proponents

Council will notify both the unsuccessful and preferred Proponent(s) in writing.

C.3.9 Probity Auditor

Council is committed to acting with integrity and to achieve this Council has appointed an independent probity auditor.

The Probity Auditor will focus on observing and advising on the transparency of the process and issues of accountability, conflict of interest and confidentiality. The Probity Auditor's role includes the following:

The Probity Auditor will not participate in the evaluation of EOI but will act as an independent observer of the evaluation process.

The Probity Auditor will review the evaluation process and attend all Evaluation Panel meetings.

Any person or party who has any concerns about the conduct or probity of the evaluation process will be able to bring their concern to the Probity Auditor's attention.

The Probity Auditor's contact details are:

Bronwyn Connolly

Acumen Alliance (NSW) Pty Ltd

Phone (02) 9660 5440 Fax (02) 9660 3440

C.4 Questions and Clarification

Any enquiries that Proponents may wish to make to clarify their interpretation of the Call or for any other purpose should be submitted to Council's Contact Officer by email no later than three business days prior to the Closing Date. Council will respond in writing to questions submitted by Proponents as quickly as possible after receipt of such questions.

However, the nature and extent of the questions will determine the timeframe within which Council is able to respond. Where acknowledgement is not received within one business day then Proponents should assume that their questions have not been received. However, where an enquiry is received less three business days prior to the Closing Date, Council reserves the right to not respond to the enquiry.

Enquiries and any response to them by Council will be provided to all Proponents except where a Proponent nominates in the enquiry that the enquiry relates to proprietary aspects of its proposed EOI and the Council agrees and accepts that the enquiry is proprietary to the EOI concerned.

Any enquiries should have the following reference in its heading: Springwood Town Centre EOI.

C.4.1 Contact Officer

The Contact Officer details are as follows:

Janne Yardy

Blue Mountains City Council

Locked Bag 5

Katoomba NSW 2780

Email: springwoodproject@bmcc.nsw.gov.au

C.5. Public Consultation

Council reserves the right to use the Project Summary provided by a Proponent in response to Form 1 of Part E of this Call Document and/or other non confidential information provided by a Proponent on any of the Response Forms within this Call Document, for the purposes of public information or public consultation following short listing of potential parties to proceed to Stage 2: Request for Detailed Proposal.

Part D: General Terms and Conditions

D.1 Compliance with Requirements

Proponents must comply with the information and instructions in this Call.

D.2 Information Documents

Proponents must take into consideration this Call and its supporting documents.

D.3 Changes to this Call Document

Council reserves the right to amend the process and procedures set out in this Call Document by notice in writing to Proponents. Should this extend to altering the specific objective or extending the scope of this Call Document or in the event of a change being made that would substantially affect or alter the nature of this Call Document, Council will issue Addenda which will apply to any amended process and procedures. All such Addenda shall become part of the Call Document. To the extent permitted by Law, Proponents will have no claim against Council with respect to the exercise of, or failure to exercise, such rights. Information contained in this Call Document is subject to review and change without notice.

D.4 NSW Government Code of Practice for Procurement

Proponents must comply with the NSW Government Code of Practice for Procurement available at www.treasury.nsw.gov.au .

Lodgement of an EOI will itself be an acknowledgement and representation by the Proponent that it is aware of the requirements of the Code; that the Proponent will comply with the Code; and that the Proponent agrees to provide periodic evidence of compliance with the Code and access to all relevant information to demonstrate compliance for the duration of any contract that may be entered into with the Council.

If a Proponent has failed to comply with the Code, this failure will be taken into account by Council when considering its EOI or any subsequent EOI and may result in this or any subsequent EOI being passed over, without prejudice to any other rights of action or remedies available to Council.

D.5 Department of Local Government Guidelines - Public-Private Partnerships

Proponents should familiarise themselves with the Department of Local Government Guidelines on the Procedures and Processes to be followed by Local Government in public-private partnership, dated September 2005. These Guidelines are available on the Department of Local Government website: www.dlg.nsw.gov.au

Lodgement of an EOI will constitute an acknowledgment and representation that the proponent is aware of those Guidelines, and of the processes that must be followed by the Council to comply with the Guidelines.

D.6 Conflict of Interest

Any Proponent with a real or perceived conflict of interest must declare that interest to Council as soon as the conflict is identified. Where a conflict of interest arises it must be assessed and resolved in favour of the public interest by the relevant parties. All Proponents are required to ensure that their performance in respect of identifying, declaring and resolving any conflict of interest is beyond reproach.

D.7 Material Change in Circumstances

Proponents must promptly inform Council in writing of any material change to any information contained in their EOI following lodgement of the EOI and of any material change in circumstances which may affect the truth, completeness or accuracy of any information provided in or in connection with the EOI. Council may also require Proponents to confirm in writing that no such material changes have occurred.

D.8 Cost of Preparation of EOI

All costs and expenses incurred by the Proponents in any way associated with the development and preparation of EOIs, including but not limited to attendance at meetings and discussions and providing any additional information required by Council, will be borne entirely and exclusively by the Proponents.

D.9 Collusive Tendering

Proponents must not communicate, directly or indirectly, with any other Proponents (including through any employees, agents or contractors) regarding the preparation, content or submission of EOIs.

Each EOI must be submitted without any collusion and without any knowledge of or involvement in the preparation of any other EOI. Submission of an EOI is deemed to be a representation and warranty by the Proponent submitting that EOI that it has complied with the requirements of this condition. If the Council determines in its absolute discretion that a Proponent has breached this condition, the Council may reject the Proponent's EOI and determine to not evaluate it.

D.10 Waiver

Council may at its discretion waive any requirement or obligation under this Call Document or any other replacement, amended or varied Call Document. Any such waiver will not affect any other requirements or obligations contained in this Call Document or other replacement, amended or varied Call Document.

This Call document and all statements and information made in relation to it reflect Council's current intentions only. The information and intentions set out in this Call Document may change at any time without notice. Proponents proceed at their own risk // Council has endeavoured to provide accurate information in this Call Document. However, Council gives no warranties in this respect. Council is not liable for any inaccuracies in any information in this document or in any accompanying document or any document referred to in this Call Document or subsequently made available by Council. Council is not liable in relation to any claim that a Proponent or any other person was disadvantaged by a lack of information or because any information provided to it was ambiguous or inaccurate.

Council is under no obligation to give reasons for any decision made or not made in relation to this Call Document including, but not limited to, any of the EOIs received.

By submitting an EOI the Proponent acknowledges and agrees that there is no legal or other relationship between the Proponent and the Council, enforceable at the suit of the Proponent, arising from the issue of this Call Document or from the processes outlined in it.

The Proponent further acknowledges and agrees that it is responsible for checking and confirming all information set out in this Call Document and the Proponent hereby releases the Council from any liability that the Council might otherwise have to the Proponent arising from the Proponent's reliance on this Call Document or on any other information referred to or accompanying this Call Document or on any written or oral statements made to the Proponent or to any person on its behalf in connection with this Call Document.

D.11 Clarifications

The Council reserves the right to request any Proponent to clarify any aspect of the EOI that it submits in response to this Call Document. The Council may require a Proponent to provide further information to the Council in relation to the Proponent's EOI.

D.12 Absence of Obligation

No legal or other obligation shall arise between a Proponent and Council unless and until formal documentation has been signed and all necessary approvals and consents have been obtained.

D.13 Reservation of Rights

In addition to any reserved rights set out elsewhere in this Call Document, Council reserves the right, without assigning any reasons, to:

D.14 Site Information

Council does not warrant or guarantee that information made available shows completely the existing conditions on the Sites. The Proponent shall be responsible for interpretations, deductions and conclusions made of or drawn from the information made available and shall accept full responsibility for such interpretations, deductions or conclusions. The Proponents shall take all appropriate measures to acquaint itself fully with all aspects of the work before submitting its EOI. Proponents will be deemed to have inspected the Sites and to have allowed for all circumstances affecting the nature, scope or any other aspect of the work that is evident from the inspection of the Sites.

D.15 Proponent to Inform Itself Fully

A Proponent should make its own independent assessment of the information contained in this Call Document and its accompanying documents together with any other documents referred to in this Call Document. It should inform itself fully of the nature and extent of the options available and all relevant matters including, without limitation, the condition of the Sites. Each EOI should be based on such examinations, investigations, deductions, conclusions and information as the Proponent deems necessary. Council will not be liable for any incorrect misleading or omitted information whether in connection with the Call Document or at any other time. A Proponent that acts or relies on the information contained in or accompanying this Call Document does so entirely at its own risk.

D.16 Duration of Validity of EOIs

Each EOI in response to this Call Document is valid until the Proponent is either eliminated from the process, the Proponent withdraws itself from the process or the Proponent is short-listed and provides a Detailed Proposal.

D.17 Confidentiality

Council is mindful of protecting the commercial interests of the Proponents, including the protection of their confidential information. The law does not protect, neither does Council wish to protect, information that is not truly confidential. It is therefore essential that each Proponent identify those parts of its EOI which it believes are truly confidential. A statement that the entire EOI is confidential is unlikely to be true and will not be accepted unless the Proponent can demonstrate that it is true.

Once Proponents have made such an identification then Council will take all reasonable steps to ensure the confidentiality of that information, and seek written approval of the Proponent prior to the release of such information beyond those parties involved in the review and approval process, but not so as to prevent disclosure to Council's consultants or other agents, or disclosures which are required by law, including disclosure pursuant to the Freedom of information Act 1989 or the Local Government Act 1993.

Nothing contained in this Call Document shall prohibit either party from disclosing to any person any information which it believes in good faith is required to be disclosed by law.

D.18 Improper Assistance

Council may exclude from evaluation any EOI compiled using unlawfully or improperly obtained Council information. Lobbying of Councillors and Council employees by Proponents is not permitted and may result in their disqualification from the process.

Part E: Response Forms

The following Response Forms must be completed as part of this Call:

Form 1 EOI Summary
Form 2 Proponent Declaration and Information
Form 3 Statement of Compliance
Form 4 Previous Experience
Form 5 References
Form 6 Financial Capability
Form 7 Proposed Sites
Form 8 Development Concepts
Form 9 Triple Bottom Line

All responses should be completed in Arial font in not less than size 11 pitch.

Form 1 - EOI Summary

The EOI Summary should provide a succinct overview of the concept proposal and this should be approximately 1 page in length.

Please note that this summary may be used by the Council for public information and consultation after the Council has short listed Proponents to proceed to Stage 2.

Form 2 - Proponent Declaration and Information

Declaration by Proponent

I (Insert name of authorised signatory whose signature appears below)

declare that (Insert name of Proponent whose name appears below)

has read and understood the Call Document and the Proponent accepts the Call Document terms and conditions.

Date:

Proponent Information*

Proponents Full Name(s):  
Details of Business Structure including details of any overseas associations:  
ABN or ACN (if applicable):  
Names of directors and principal shareholders:
(Not required for public companies; attach additional pages if required):
 
Date established/ incorporated:  
Address of registered office(if applicable):  
Telephone:  
Facsimile:  
Name and contact details of principal contacts:  

*Proponents must provide details regarding itself and each participating entity (for a consortium or joint venture, details must be provided for each legal entirety which is a member).

Form 3 - Statement of Compliance

[Delete whichever is not applicable:]

OR (please delete which is applicable)

I (Insert name of authorised signatory whose signature appears below)

(Signature)

Date:

Form 4 - Previous Development Experience

Proponents shall attach summaries for at least two, but a maximum of five, relevant and similar sized developments in which they were involved in the last five years to demonstrate previous experience.

The summaries (approximately 3 single sided A4 pages each) shall include the following details (photos and images may be used to illustrate EOIs):

Form 5 - Financial Capacity and Capability

Proponents must provide the following details to demonstrate financial capability:

Details of any significant events, including any litigation, that have occurred since the date of the last balance sheet and the estimated financial effect on the Company.

Where a proponent is not a company, it should provide sufficient financial information about any of the entities comprising the Proponent to enable Council to be satisfied as to the financial capability of the Proponent.

Where there is a joint venture, partnership or consortia, evidence of the business relationship between the participants including copies of any agreements or other documents in evidence of the relationships must be provided.

Form 6 - Demonstrated Experience of Partnering or Working With Government

Proponents must provide an outline of (and where possible examples of) development projects where they have worked with government or other agencies.

A written response must be provided which includes:

Form 7 - Proposed Sites

Proponents are invited to submit EOIs for one or more of the three Sites. Proponents must indicate which of the following Sites they are interested in developing:

[Delete whichever is not applicable:]

For each of the Sites selected above, the Proponent must specify the type of agreement that it proposes to conclude with the Council. If the Proponent proposes that a site should be sold, leased, stratum-subdivided or be the subject of some other form of agreement with the Council, then details must be given.

Proponents should note the nature of any possible agreement in relation to Crown land as specified in paragraph B3 of this Call Document.

The Proponent must also specify the potential benefits to the Council that the Proponent submits would arise from the conclusion of the proposed agreement.

Form 8 - Development Concepts

For each Site(s) selected, Proponents must provide an overview of their proposed development intent at a level sufficient to demonstrate to Council's satisfaction that they are able to meet the Project Objectives and the Preferred Site Outcomes. As a minimum, the information to be provided must include:

The overview must include a written response of approximately 750 words.

Detailed design drawings are not required at this Stage, however at least 4 A3 size conceptual drawings are requested to help to communicate the EOI. These should include:

Form 9 - Triple Bottom Line

Council and Lands both support Triple Bottom Line (TBL) considerations from a Project's inception to its delivery. TBL addresses Community and Social Sustainability, Environmental Sustainability and Economic Sustainability.

In approximately 500 words Proponents are required to provide details of how their processes, procedures, concept plans and construction methods address Triple Bottom Line Outcomes.

Part F: Appendices

F.1 Appendix 1 - Detailed Site Description

Site Address Current Land Use Zoning Title (Ownership) Tenure Management Area
Civic Centre 102 — 104 Macquarie Road Community Building (Springwood Library, Council Offices and 'Braemar) Village -Town Centre Lot 1

DP 181124 (Blue Mountains City Council)

Operational land Blue Mountains City Council 4,825m2
106 - 108 Macquarie Road Community Centre

(Civic Centre and Neighbourhood Centre)

Village -Town Centre Lot A DP335970 (Blue Mountains City Council) Operational land Blue Mountains City Council 4,463m2
            Total 9,288m2
Northern Car park 169 - 171 Macquarie Road Public Building (Baby Clinic) Village - Town Centre Lot 7001

DP 94064 (State of NSW)

R78492 Crown Reserve for Baby Clinic Trust Name:

Springwood Baby Clinic Reserve Trust;

Trust Manager: Blue Mountains City Council

Trust Appointed

30/12/1994

588.7m2
173 Macquarie Road Vacant Land Village -Town Centre Lot 1 DP1008112 (Blue Mountains City Council) Operational land Blue Mountains City Council 506.1 m2
175 Macquarie Road Access, Parking Area and Public Toilets Village - Town Centre Lot 7002

DP 94064 (State of NSW)

R 85146 Crown Reserve for Parking Trust Name:

Springwood Parking Trust (R85146)

Reserve;

Trust Manager: Blue Mountains City Council Trustee.

Trust Appointed:

12/3/1965

2,395m2
175 Macquarie Road Access Village - Town Centre Part Lot 54 DP 751654 Addition to Reserve No. 85146 for Parking GG 18.12.64 As above BMCC 235m2
177 Macquarie Road Access way and Parking Area Village - Town Centre Lot 1

DP 443144 (Blue Mountains City Council)

Operational land Blue Mountains City Council 1,472m2
            Total 5,197m2
Southern Car park 50 Springwood Avenue Parking Area Village - Town Centre Lot 16

DP 876916

Community land Blue Mountains City Council

N.B. An 88B Instrument exists for Right of carriageway (variable width) and Easement for services (variable width)

401.9m2
52 - 62 Springwood Avenue Parking Area Village - Town Centre Lot 7

DP 701119

Community land Blue Mountains City Council

N.B. Affected by easements for footway and services

458.8m2
Parking Area Village - Town Centre Lot 8

DP 701119

Operational land Blue Mountains City Council

N/\.B. Affected by easements for footway, electricity and underground mains

458.9m2
Parking Area Village - Town Centre Lot 9

DP 701119

Community land Blue Mountains City Council

N.B. Affected by easements for

sewerage, electricity and underground mains

578.9m2
Parking Area Village - Town Centre Lot 10

DP 701119

Operational land Blue Mountains City Council 907.4m2
Parking Area Village - Town Centre Lot 11

DP 701119

Operational land Blue Mountains City Council 541.9m2
Parking Area Village - Town Centre Lot 12

DP 701119

Operational land Blue Mountains City Council 543m2
178 Macquarie Road Parking Area Village - Town Centre Lot 13

DP 701119

Operational land Blue Mountains City Council

N.B. No street frontage

244.7m2
180 - 184 Macquarie Road Part Springwood Town Square and part

Parking Area

Village - Town Centre and Recreation - Open Space Lot 1

DP 937525

Community land Blue Mountains City Council with Plan of Management

N.B.: Affected by Covenant and

conditions regarding well

690m2
            Total 4,825.5m2

F.2 Appendix 2 - Site Maps

F.2.1 Springwood Town Centre


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F.2.2 Civic Centre Site


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F.2.3 Northern Car Park


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F.2.4 Southern Car Park


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F.3 Appendix 3 - Site Surveys

F.3.1 Civic Centre Site: Preliminary Plan

(N.B. not a detailed survey)


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F.3.2 Civic Centre Site: Detail Survey Plan


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F.3.3 Northern Car Park: Preliminary Plan

(N.B. not a detailed survey)


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F.3.4 Southern Car Park: Preliminary Plan

(N.B. not a detailed survey)


Click to enlarge