Marina Strategy: Section A Request for Proposal. 1. Request for Proposal. 2. Communication. 3. Key Contacts

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1 Date: 14 August 2015 Marina Strategy: Section A Request for Proposal 1. Request for Proposal 1.1 Nelson City Council (Council) invites proposals for the development of a strategy for the Nelson Marina to be commissioned from external agencies by Nelson City Council in accordance with this Request for Proposal (RFP). 1.2 The objective of this RFP is the selection of a provider and agreement on a contract to provide the strategy. 1.3 While Council s intention is to proceed in accordance with clause 1.2, respondents should note that the range of possible outcomes of this RFP process includes: Amending the terms of reference or any other aspect of this RFP for the purposes of any subsequent negotiations. Negotiation with any or all respondents, including variation of terms. Cancelling this RFP and issuing another RFP for similar or dissimilar services. Concluding the process without awarding the (or any) contract(s). 1.4 This RFP is an open RFP. Any party may respond to this RFP and all conforming responses will be considered by Council. 1.5 Terms and Conditions for the RFP are as described in the RFP Terms and Conditions (Section C) attached (document reference A ). 1.6 Failure to comply with the terms and conditions of this RFP may result in your proposal being determined to be non-conforming and may be rejected. 2. Communication 2.1 All communications as to this RFP, or requests for clarification or further information should be directed to the Council contact person (contact person), who is: Kevin Patterson Phone: Kevin.Patterson@ncc.govt.nz 2.2 Respondents may communicate in writing by with the contact person to seek clarification or additional information required to respond to the RFP. 2.3 Requests for clarification or information that relate solely to a respondent s proposal will be provided only to the proposer requesting the clarification or information. 2.4 Communication to seek clarification or additional information must be submitted prior to 3:00 pm on Wednesday 2 September 2015 (one week before closing date). 2.5 Council will issue any clarification or change to the RFP by way of written amendment notice. A copy of each amendment notice will be ed to each party receiving this RFP. All amendment notices issued will become part of this RFP. 3. Key Contacts 3.1 Key contacts for delivery of all requirements during the review will be: Kevin Patterson, Nelson City Council A August 2015 Page 1 of 2

2 4. Description of Requirements 4.1 The complete requirements for the development of the Marina Strategy are as described in the Terms of Reference (Section B) attached (document reference A ). 4.2 Council would prefer to receive proposals that comply with all requirements described in the Terms of Reference. However, you may submit alternative proposals. Alternative proposals will be evaluated entirely at the Council s discretion. 5. Proposal Format 5.1 Your response to this RFP must include a proposal describing in no more than 6 pages how you will deliver the requirements described in the Terms of Reference. 5.2 The proposal must be specific to Council and consistent with the requirements described in the Terms of Reference. You should address these requirements specifically in your proposal. 5.3 Your proposal must specify: Any and all staff and associates to be used by you on the review (either onsite or offsite), including qualifications, experience, and references. The approach and style that you propose to use to deliver the review to Council s requirements, and your experience in similar engagements. Your intended number of site visits to Nelson, and any additional meetings (telephone or video) proposed, the purpose of each and approximate dates. Sufficient information to provide an assurance that your approach will deliver and meet all requirements to the satisfaction of the key contacts. The outcomes that you expect to be gained (based on the Terms of Reference). 5.4 Proposals must specify any exclusion to the requirements. Any requirements that you do not intend delivering as part of the proposal must be noted clearly. Proposals submitted subject to exclusions may be considered as alternative proposals and will, if necessary, be evaluated accordingly. 6. Lodging of Proposals 6.1 Proposals must be received by the Council contact person (Kevin Patterson) before 3:00 pm on Wednesday 9 September Council s policy is not to evaluate late proposals. 7. Proposal Price 7.1 Price should be quoted exclusive of GST and in New Zealand dollars. 7.2 Your price must include all fees and disbursements to be incurred by you in delivering the review. No additional costs will be paid by Council. 7.3 Your proposal must be a continuing offer and irrevocable until the expiry of three (3) calendar months from the closing date for responses or later date as we may agree. 8. Timetable 8.1 The timetable for the review is as follows (these dates are indicative only): 2 September 2015: Last date for clarification or additional information 9 September 2015 (3:00 pm): Closing date for responses 16 September 2015: Successful respondent notified 30 September 2015 (or before): Successful respondent begins work on development of strategy 1 December 2015: First draft of strategy provided to Council for feedback 25 January 2016: Due date for completion of strategy and all deliverables as defined in the Terms of Reference. A August 2015 Page 2 of 2

3 Nelson Marina Strategy: Terms of Reference 1. Purpose 1.1. This document provides Terms of Reference for the development of a strategy for the Nelson Marina (Marina) The purpose of the strategy development is to understand issues relating to the Nelson Marina, and to determine what Nelson City Council (Council) could achieve from the Marina and the best way to deliver it The strategy development should seek to understand what Nelson could have in the Marina and surrounding activities, focussing on the marine activities and land based activities of the Marina within a clearly defined area The strategy development process should look at how to improve offerings and drive better outcomes for the Marina The consultant appointed to develop the strategy will guide the Council in the decision-making process required to realise and progress a Marina Strategy for direction of the management, development and possible ownership of the Marina The Marina Strategy will inform Nelson s vision for the future of the Marina. 2. Background 2.1. Council recently resolved that there is a need for a Marina Strategy to fully address the issues raised by submitters [to the Long Term Plan ], including the appropriateness of the development levy Council has separately commissioned a review of Council-owned property precincts, to understand how council-owned properties might be inter-connected. That review will consider Council-owned properties including the Marina both separately and inter-connected The Marina Strategy development should engage with related reports and information, including: Akersten Precinct: Strategic Framework Summary Report Aurecon/Isthmus 13 October 2009 (ref. Attachment A A ) Akersten Precinct: Masterplan Review of Implementation Options Nelson City Council 30 June 2010 (ref. Attachment B A ) Nelson City Council - Draft Property and Facilities Asset Management Plan (ref. Attachment C A ). 1 Council resolution May THAT Council will develop a Marina Strategy to fully address the issues raised by submitters, including the appropriateness of the development levy AND THAT the marina fees for 2015/16 be increased by the rate of inflation until such time as a Marina Strategy is developed and consulted on AND THAT the Marina Strategy be delivered by February A July 2015 Page 1 of 4

4 Nelson Marina Strategy: Terms of Reference 3. Approach 3.1. Council seeks a consultant who will develop and provide a Marina Strategy The consultant should refer to the resolution of Council on May which specified the need for a Marina Strategy to fully address the issues raised by submitters. 1 The development of the Marina Strategy should therefore consider all Marina-related issues raised by submitters to the Long Term Plan (ref. Attachment E A ) The strategy development should adopt a consultative approach considering a range of stakeholders including Marina berth holders, various boating organisations, Nelson Tasman Tourism, watersport clubs, casual ramp users, casual users of Marina activities, recreational users, marine-related business owners, Port Nelson Ltd, harbourmaster and iwi The consultant is expected to consult regularly during the strategy development with Council s Chief Executive (CE) to ensure that recommendations are aligned with local knowledge of the Marina The consultant should consider previous reports relating to the Marina and environs and identify what has been done already and what remains appropriate to be done The approach will be staged with a report back to the CE with recommended options for the Marina Strategy The consultant is expected to workshop the recommended options with Council The Council workshop/s should test and develop the next steps to deliver the Marina Strategy The final Marina Strategy will be provided back to the Council for adoption. 4. Scope The development of the Marina Strategy should include and investigate the following items within scope: 4.1. Purpose that the Marina fulfils for the Nelson community and Council, including whether and to what extent the desired outcomes are reflected by the following: Income from management of the Marina as an asset Recreational activities, and if so which recreational activities Tourism activities Marine industry, and whether to prioritise Marina activities as the purpose of the Marina and surrounding precinct Consideration and consultation with the users of the Marina, including identifying who these might be Future development options for the Marina and how these opportunities might be retained Options for management, development and possible ownership of the Marina are considered Marine- and land-based activities of the Marina and associated outcomes, and how these are delivered. A July 2015 Page 2 of 4

5 Nelson Marina Strategy: Terms of Reference 4.6. Levels of service to be achieved for the marine- and land-based activities of the Marina Best provider for ownership and management of the activities and facilities at the Marina including dredging activities, hardstand, travel lift, business activities and other commercial, recreational or marine facilities Capacity and location issues at the Marina including car- and boat-parking facilities, marine facilities, support service industries and provision for community sports organisations Charging regime to be implemented for marine- and land-based activities of the Marina and associated facilities, and by whom this should be managed; including specification of Marina fees and charges Whether Council ownership of the Marina and/or adjacent properties may provide benefits to Council and the community, and how those benefits might be realised, including: Links to the Inner City precinct, and outcomes from those links Links to the Haven Road precinct, and outcomes from those links Whether Council ownership of the Marina and/or adjacent properties may accrue risks to Council and the community, and how those risks might be mitigated, including: Contamination of site/s in the Marina-Akersten precinct, and recorded natural or man-made hazards Marine biosecurity Earthquake-prone status of site/s or buildings in the Marina-Akersten precinct including both those owned and adjacent to Council-owned property Environmental impacts incurred from use of the Marina Consents might be required for use and development of the Marina. 5. Deliverables The consultant will: 5.1. Deliver a Marina Strategy to inform direction for the Marina for the next ten years Provide clear goals, indicative costs and a plan for the first five year period of the Marina Strategy Provide a report back to the CE during the development of the strategy with recommended options for the Marina Strategy Workshop the recommended options with Council members Following workshop/s, develop plans detailing the next steps to develop and deliver the Marina Strategy Provide the Marina Strategy back to the Council to validate and resolve Provide early indication of possible investment required to deliver on the recommended options by 1 December Provide the Marina Strategy in draft form by 1 December A July 2015 Page 3 of 4

6 Nelson Marina Strategy: Terms of Reference 5.9. Ensure delivery of the Marina Strategy in final form by 25 January Out of Scope The following activities are out of scope for these Terms of Reference. These activities may be required but are not part of this commission at this time, other than as required to complete activities described previous Specific operational solutions for any issues identified during the Marina strategy development Operational delivery of the contract for management of the Marina currently held by NELMAC 6.3. Implementation of the Marina Strategy into operational procedures, after delivery. 7. Attachments 7.1. Attachment A: Akersten Precinct: Strategic Framework Summary Report Aurecon/Isthmus 13 October 2009 (A ) Attachment B: Akersten Precinct: Masterplan Review of Implementation Options Nelson City Council 30 June 2010 (A ) Attachment C: Nelson City Council - Draft Property and Facilities Asset Management Plan (A ) Attachment D: Marina Strategy - Submissions from Long Term Plan (A ). A July 2015 Page 4 of 4

7 1. General Conditions 1.1 The Council reserves the right to: Reject all or any proposals, not proceed to negotiation with any Proposer, not award any contract and to not accept the proposal having the lowest price; Negotiate with any Proposer (to the exclusion of any other Proposer), at any time before, or after selection of a preferred Proposer, and upon any terms and conditions; Deal separately with any of the divisible elements of any proposal, unless the relevant proposal specifically states that those elements must be taken collectively; Award contracts for all or part or any combination of parts of the Services and to one or more Proposers; Waive any irregularities or informalities in the RFP process; Amend the closing date, the acceptance date or any other date in the RFP process by the issue of a written amendment notice; Amend this RFP, or any associated documents, by the issue of a written amendment notice; Seek clarification of any proposal; Suspend or cancel, (in whole or in part), this RFP process; Meet with any Proposer (or potential Proposer) before and/or after proposal close and prior to award of the contract; Consider or reject any tender that does not fully comply with this RFP, in the Council s discretion; and/or Consider or reject any alternative proposal, in the Council s sole discretion. 2. Contract 2.1 The Proposer is permitted to offer a form of contract deemed suitable for the review. The final form of Contract and conditions within will be subject to agreement by both parties. This RFP, and the Proposers response to the RFP, will form a substantial component of the contract that the Council will require the successful proposer to enter into. 3. Errors and Omissions 3.1 The Council is under no obligation to check any proposal for errors. Acceptance of a proposal that contains errors will not invalidate the contract formed by that acceptance. 3.2 The Council retains the right to clarify and resolve errors and omissions identified at any time during the RFP process. 4. Proposers Investigations 4.1 You must examine this RFP yourself, and make all other investigations you consider necessary, (including as to information provided by the Council in relation to this RFP), before submitting your proposal. 4.2 The proposed price shall, except where otherwise provided, allow for all of the Contractor s obligations under the contract as set out in the RFP Documents A August 2015 Page 1 of 4

8 5. No Warranties or Representations 5.1 Other than is specifically set out in these RFP Documents or in the Contract, the Council accepts no responsibility for any error or mis-description in these RFP Documents or any associated documents and gives no warranty as to the accuracy or completeness of any data presented or the correctness of any information contained in any report or other information provided to proposers under this RFP process. Proposers rely on all such information provided by the Council at their own risk. 5.2 The Council makes no representations and gives no warranties other than as set out in the Contract. 5.3 Without limiting the above, Proposers are responsible for the interpretation of all information provided and other matters relevant to the contract from their inspection of the Contract Area and their other investigations and inquiries. 5.4 The Proposer acknowledges to the Council that it has submitted its proposal and will enter into any resultant contract solely in reliance on its own judgement. 6. Confidentiality 6.1 The information supplied by the Council (either itself or through its consultants or advisors) in connection with this RFP or any contract that may arise out of it is confidential. You must not release or disclose any of the RFP information to any other person, (other than your employees or advisors), without the prior written consent of the Council. Any publicity also requires the Council s prior written consent. 6.2 The Council may, if it considers it appropriate to do so, require you to sign a confidentiality deed, before releasing any confidential or commercially sensitive information to you. You agree to sign a confidentiality deed, if required to do so. 6.3 The Council will use all reasonable endeavours to keep proposals received confidential. However the Council is subject to Local Government Official Information and Meetings Act Information provided by proposers may be required to be disclosed under that act. 7. Ownership of RFP Documents 7.1 The RFP documents are the property of the Council and may not be copied or reproduced in any way (other than for the purposes of preparing and submitting your proposal) without the prior written approval of the Council. 8. Retention of Proposal Documents 8.1 The proposals submitted to the Council in response to this RFP shall be retained by the Council and will not be returned to Proposers. 9. Information Complete and Accurate 9.1 By submitting your proposal each Proposer warrants and represents to the Council: That all information provided by the Proposer to the Council or the Council Contact Person, in or in relation to the Proposer s proposal is complete and accurate in all material respects; and That the provision of that information to the Council and the use of it by the Council for the evaluation of the proposal and for the negotiation of any resulting contract, will not breach any third party intellectual property rights. A August 2015 Page 2 of 4

9 10. Costs 10.1 Proposers must pay their own costs of preparing and submitting proposals, including but not limited to any communications or negotiations with the Council, any meetings, presentations or interviews with the Council and any site inspections. 11. Governing Law 11.1 This RFP is governed by New Zealand law. The New Zealand courts have non exclusive jurisdiction as to all matters relating to this RFP. 12. Liability 12.1 Other than the warranties and representations of the Proposer in its proposal submission or implied by the submission of its proposal as set out in these RFP documents, no contract or other legal obligations shall arise between the Council and any Proposer out of or in relation to this RFP process The Council and its agents or advisors will not be liable in contract or tort or in any other way for any direct or indirect damage, loss or cost incurred by any Proposer or other person in respect of this RFP process. 13. Evaluation Process 13.1 After receipt of the proposal, the Council may require to meet with you. For out of town respondents, this may be by phone or teleconference Proposals will be evaluated by the Council against the requirements as set out in this RFP Proposals will be evaluated against the following general criteria: The respondent s experience, references and style. The extent to which the proposal fulfils the requirements set out in the Terms of Reference. The methodology identified for achieving the required outcomes. The pricing provided in the proposal.. Any conditions, tags or exclusions identified in the proposal. The Council reserves the right to amend or add to the above list. 14. Bid Clarification 14.1 You may be asked to clarify your proposal or provide additional information during the proposal evaluation process. These requests will require prompt action and must be responded to in writing within 2 working days or the time specified in the request. Otherwise, the Council reserves the right to evaluate your proposal on Council s interpretation of the material submitted. 15. Negotiation 15.1 The Council anticipates receiving proposals that may vary considerably. The Council also anticipates a phase following submission of proposals during which the Council may hold discussions and/or negotiate with one or more Proposers. During that phase the Council will seek to resolve tags and qualifications and develop proposals to ensure an appropriate outcome is achieved for the Council and to enable the Council to compare commercially credible alternatives. The Council may invite one or more respondents to re-price or amend their proposals during this process. A August 2015 Page 3 of 4

10 16. Alternative Proposals 16.1 Alternative proposals may be considered or rejected by the Council in the Council s entire discretion. 17. Verification and Credit Checks 17.1 By submitting a proposal the Proposer confirms to the Council, on its own behalf and on behalf of any key personnel referred to in its proposal that the Council is authorised to: Verify with any third person any information included in the proposal or disclosed to the Council in connection with the proposal or this RFP (whether that information relates to such personnel or otherwise) Carry out a credit check on the Proposer or any such key personnel. 18. Referees and Council s knowledge 18.1 The Council is not obliged to contact referees provided by Proposers and may seek further information on any issue from sources other than the referees provided. The Council may also take into account knowledge of the Proposer it already has. 19. Preferred Proposer 19.1 Should the Council advise the Proposer that it is the `top ranked or preferred Proposer, such advice does not: Constitute an acceptance by the Council of the Proposer s proposal, or create a contract. Constitute an award of the contract to the Proposer. Imply or create any obligation on the Council to enter into or continue negotiations with the Proposer or award the contract to that Proposer. Negate or derogate from the Council s right and obligation to award or not award the contract in accordance with the RFP Documents 19.2 The Council may discontinue any negotiations with a top ranked or preferred Proposer at any time. 20. Execution of Contracts 20.1 The intention is that on conclusion of negotiations with the successful Proposer and finalising of contact terms the parties will proceed to execution of the contract. Neither party shall be bound unless nor until the contract documents are executed The proposal documents, including all changes that have been agreed by both parties, shall become an integral part of the Contract The successful proposer must execute and return the Contract Documents within 5 working days of receipt of execution copies from the Council. 21. Notification of RFP Outcome 21.1 The Council may notify the Proposer or Proposers (if any) in writing that it has been selected as preferred Proposer to proceed to the negotiation phase After the conclusion of the RFP process the Council will notify all unsuccessful Proposers in writing that their proposals have not been successful All notices will be forwarded to the address provided by Proposers in their proposal. A August 2015 Page 4 of 4