Ergo Apartments Public Art
REOI Number: / E2014/0136
Invitation to Register an Expression of Interest
For the concept design, design development and commissioning of: / 3 sculptural artworks at the site of the Ergo Apartments
Contact Officer
All enquiries to: / Jenn Brazier
REOI Closing Information
Time: / 2:00 PM
Date: / Thursday 28 August 2014
Location: / Tender Box
Customer Centre
Ground Floor, 25 Pirie Street
ADELAIDE SA 5000
Corporation of the City of Adelaide City Council Locked Bag 9050 – ACC Tenders
ADELAIDE SA 5001
TABLE OF CONTENTS
SECTION A – BACKGROUND AND GENERAL INFORMATION
SECTION B – CONDITIONS OF REQUEST FOR EXPRESSIONS OF INTEREST PROCESS
1.DEFINITIONS
2.COMMUNICATION BETWEEN PARTIES
3.REOI DOCUMENTS
4.ACKNOWLEDGEMENT BY REGISTRANTS
5.COUNCIL’S RIGHTS
6.EXPRESSIONS OF INTEREST EVALUATION
7.ACCEPTANCE OF EXPRESSION OF INTEREST
8.UNSUCCESSFUL EXPRESSIONS OF INTEREST
9.NO LEGAL REQUIREMENT
10.GOVERNING LAW
SECTION C – PROJECT BRIEF
SECTION D – EXPRESSION OF INTEREST RETURN SCHEDULES
SECTION A – BACKGROUND AND GENERAL INFORMATION
Invitation for Expression of Interest
The Corporation of the City of Adelaide (ABN 20 903 762 572) (the Council) invites Expressions of Interest from Registrants for the commissioning of sculptural artworks / play pieces(the Supplies).
In issuing this Request for Expressions of Interest, the Council is:
•Inviting responses so that the Council can select a Registrant;
•Setting out the evaluation criteria to be applied in selecting a Registrants; and
•Outlining the proposed process and timeline for the project’s delivery and the procurement process.
SECTION B – CONDITIONS OF REQUEST FOR EXPRESSIONS OF INTEREST PROCESS
1.DEFINITIONS
1.1In this REOI, the following terms will, unless inconsistent with the context, have the meanings indicated:
1.1.1A reference to a clause is a reference to a clause of this REOI.
1.1.2Closing Datemeans the time and date, or such later time and date as may be notified in writing to Registrants by Council. The Closing Date is set out in clause 1.5.
1.1.3Conforming Expression of Interest means an Expression of Interest described in clause3.1
1.1.4Council, ACC or Adelaide City Council means the Corporation of the City of Adelaide.
1.1.5Expression of Interest means an Expression of Interest submitted by the Registrant pursuant to this REOI.
1.1.6Expression of Interest Process means the process of calling, receiving and evaluating Expressions of Interest as proposed in this REOI.
1.1.7Expression of Interest Return Schedulesare the forms attached to Section D of this REOI.
1.1.8Moral Rights shall have the meaning as specified in Part IX of the Copyright Act 1968 (Cth);
1.1.9Non-Conforming Expression of Interest means an Expression of Interest which does not meet the requirements set out in this REOI and/or the REOI Documents.
1.1.10Project Briefmeans the specifications used in this REOI.
1.1.11Preferred Registrantis the Registrant referred to in clause7.1.
1.1.12Registrant is any organisation or person who submits a compliant Expression of Interest.
1.1.13REOI means this Request for Expressions of Interest set out in the REOI Documents.
1.1.14REOI Documentsmeans the documents specified in clause 1.3.
1.1.15Supplies means the services sought to be purchased by the Council pursuant to this REOI.
1.2Request for Expressions of Interest
The Council seeks Expressions of Interest from Registrants for the procurement of the Supplies, which are further described in the REOI Documents.
1.3REOI Documents
The REOI Documents are comprised of:
1.3.1this REOI;
1.3.2the Project Brief; and
1.3.3the Expression of Interest Return Schedules.
1.4Obtaining a Copy of this REOI
Copies of the REOI can be downloaded from the Adelaide City Council’s web page at
1.5Lodgement of Expressions of Interest
1.5.1Expressions of Interest must be delivered to the Tender Box at the Council prior to 2:00 PM, 28 August 2014 (the Closing Date).
1.5.2Expressions of Interest must be lodged in a sealed envelope with the cover sheet provided at the end of this documentfixed to the frontand marked CONFIDENTIAL and be addressed as follows:
Adelaide City Council
Tender Box
25 Pirie Street, Adelaide SA 5000
or
The Corporation of the City of Adelaide
Locked Bag 9050 –ACC Tenders, Adelaide SA 5001
Expression of Interest for Ergo Apartments Public Art project
Closing Date: 2:00 PM, 28 August 2014
1.5.3Registrants are required to lodge an original Expression of Interest plus three copies (including copies of all supporting documentation), each of which must be certified by the Registrant to be a true copy of the Expression of Interest.
1.5.4Facsimile transmissions or emails will not be accepted.
1.6Late Expressions of Interest
1.6.1The Council will not consider an Expression of Interest submitted after the Closing Date unless it can be clearly demonstrated that exceptional circumstances have arisen. Such circumstances will be limited to:
1.6.1.1Where the delay is due solely to mishandling on the part of the Council.
1.7Extension of time for the submission of Expressions of Interest
1.7.1The Council may, in its absolute discretion, no less than 2 business days before the Closing Date, extend the Closing Date by notice in writing to the Registrants.
1.7.2A Registrant may request the Council to extend the Closing Date for the submission of an Expression of Interest by written application to the Council.
1.7.2.1Any such requests must be received by the Council at least 5 business days prior to the Closing Date, and must provide sufficient reasons to support the request.
1.7.2.2It is entirely at the Council’s discretion as to whether an extension is granted.
1.8Expressions of Interest validity period
1.8.1All Expressions of Interest will remain open for acceptance for 60 days from the Closing Date.
1.8.2Once submitted, a Registrant cannot withdraw its Expression of Interest, without prior written consent of Council.
1.9Proposed Expression of Interest Process
This expression of interest process will be utilised to identify a Registrant to deliver the Supplies.
1.10Proposed timingof Expression of Interest Process
The proposed timing of the Expression of Interest Process is set out in the Project Brief.
The proposed timings are indicative and may be altered by Council at any time.
1.11Collusion
The Registrant must not collude with any other Registrants or potential Registrants.
1.12Freedom of Information
Registrants should be aware that the Freedom of Information Act 1991 (SA) (FOI Act) gives members of the public rights to access documents of the Council. The FOI Act promotes openness in governance and accountability of government agencies and confers the public with a legally enforceable right to be given access to documents, including contracts entered into by the Council, except for those contracts or provisions which should be kept confidential for public interest purposes, the preservation of personal privacy or are commercial in confidence.
2.COMMUNICATION BETWEEN PARTIES
2.1Enquiries or requests for information or clarification
2.1.1Any enquiries or requests for information or clarification regarding this REOI or the REOI Documents must be made in writing and addressed to the Council at .
2.1.2The Council will only respond to enquiries or requests for information or clarification at any time not less than 2 business days before the Closing Date.
2.1.3The Council may (but is not obligated to) respond to a Registrant’s enquiries or requests for information or clarification.
2.1.4If the Council provides any information to a Registrant by way of clarification, then the Council reserves the right to provide that information to other Registrants.
2.1.5No statement made by the Council or any other representative of the Council should be construed as modifying this REOI or any of the REOI Documents, unless confirmed in writing by the Council.
2.2Registrant not to solicit the Council and its employees
The Registrant and its representatives must not interfere or attempt to interview or to discuss its Expression of Interest with Councillors or employees of the Council, other than the Nominated Contact Person. The Council reserves the right to reject any Expression of Interest submitted by a Registrant which contravenes this clause.
3.REOI DOCUMENTS
3.1Conforming Expressions of Interest
A Conforming Expression of Interest is an Expression of Interest which meets all of the requirements set out in this REOI and the REOI Documents.
3.2Non-Conforming Expressions of Interest
The Council is not required to, but may at its sole discretion, consider an incomplete, informal or a Non-Conforming Expression of Interest. Failure to respond to or meet any of the requirements set out in this REOI and the REOI Documents will result in the Expression of Interest being deemed a Non-Conforming Expression of Interest.
3.3Content of Expressions of Interest
3.3.1Registrants are required to submit the documentation as set out in clause 6.1 of the Project Brief.
4.ACKNOWLEDGEMENT BY REGISTRANTS
4.1Each Registrant acknowledges that the Council:
4.1.1makes no representations and offers no undertakings in issuing this REOI or the REOI Documents;
4.1.2is not bound to proceed to a tender or select tender process or to execute a contract with any party in respect of the Supplies;
4.1.3may require one or more Registrants (but is not obliged to require all) to supply further information and/or attend a conference or interview;
4.1.4may require one or more Registrants (but is not obliged to require all) to make presentation(s);
4.1.5may undertake ‘due diligence’ checks on any Registrant, including, but not limited to, verifying references and/or referees, and undertaking company searches and credit checks;
4.1.6will not be responsible for any costs or expenses incurred by the Registrant arising in any way from the preparation and submission of its Expression of Interest;
4.1.7accepts no responsibility for a Registrant misunderstanding or failing to respond correctly to this REOI;
4.1.8will not be liable for or pay any expenses or losses incurred by any party whether in the preparation of an Expression of Interest or prior to the signing of any contract for the Supplies or otherwise; and
4.1.9will not be bound by any verbal advice given or information furnished by any member, officer or agent of the Council in respect of the REOI Documents or this REOI, but will be bound only by written advice furnished by the Nominated Contact Person.
5.COUNCIL’S RIGHTS
5.1The Council reserves the right to:
5.1.1amend, vary, supplement or terminate this REOI at any time;
5.1.2accept or reject any Expression of Interest, including the lowest price Expression of Interest;
5.1.3negotiate with any service provider regarding all or any part of the Supplies to be supplied pursuant to this REOI;
5.1.4vary the REOI timing and process;
5.1.5postpone or abandon this REOI;
5.1.6add or remove any Registrant;
5.1.7accept or reject any Expressions of Interest whether or not they are Conforming Expressions of Interest;
5.1.8accept all or part of any Expression of Interest;
5.1.9negotiate or not negotiate with one or more Registrants;
5.1.10discontinue negotiations with any Registrant; and
5.1.11include the Registrants’ names in Council reports and make them public.
6.EXPRESSIONS OF INTEREST EVALUATION
6.1Criteria
When selecting the Registrant,the project team will identify the Registrant who in their submission most clearly demonstrates the criteria set out in clause 6.2 of the Project Brief.
6.2Use of REOI Documents
The Council may use, retain and copy any information contained in the Expressions of Interest for the evaluation of tenders in any subsequent tender process and for the finalisation of the provisions of any subsequent contract for the Supplies.
6.3Debriefing of Registrants
If requested, Registrants may be debriefed against the Council’s evaluation criteria. Registrants will not be provided with information concerning other Registrants, apart from publicly available information. No comparison with other Expressions of Interest will be made.
7.ACCEPTANCE OF EXPRESSION OF INTEREST
7.1The Council reserves the right to negotiate different terms and conditions in respect of a contract for the Supplies with any one or more Registrants (each a Preferred Registrant).
7.2The Council and the Preferred Registrant may (if required) enter into negotiations for the award and execution of a contract for the Supplies. No obligations will exist between the Council and the Preferred Registrant until the parties have executed a contract for the Supplies.
7.3If, despite their best endeavours and acting in good faith, the Council and the Preferred Registrant are unable to negotiate and agree on the terms of a contract for the Supplies, the Council reserves the right to negotiate with any other parties, including other Registrants, for the provision of the Supplies.
8.UNSUCCESSFUL EXPRESSIONS OF INTEREST
Unsuccessful Registrants must, if required by the Council, return the REOI Documents to the Council, once they have been advised that their Expressions of Interest is unsuccessful.
9.NO LEGAL REQUIREMENT
The issue of this REOI or any response to it does not commit, obligate or otherwise create a legal obligation on the Council to purchase the Supplies from any of the Registrants.
10.GOVERNING LAW
10.1This REOI is governed by the law in South Australia.
10.2The parties irrevocably submit to the exclusive jurisdiction of the courts in South Australia.
SECTION C –PROJECT BRIEF
The Project Brief is titled ‘Ergo Apartments; Public Art; Project Brief’, and is attached as separate document.
Form of Agreement
The Registrant selected to deliver the Concept Design phase will be required to enter into a Letter of Engagement (please email to request to view this document).
If the Registrant’s concept design is selected by the Council then the Registrant will be required to enter into a ‘Commissioning Agreement’ for the development of the design and commissioning of the artwork.
SECTION D – EXPRESSION OF INTEREST RETURN SCHEDULES
SCHEDULE NUMBER & NAME
Schedule 1 – Registrant’s Details
Schedule 2 – Registrant’s acknowledgement of requirements
Submission Cover Sheet
Schedule 1 – Registrant’s Details
Registrant’s DetailsName (where submitting as a team please include the names of each team member):
Registered Name:
ABN:
Trading Name:
Registered Address
Postal Address
Contact Details
Contact Name:
Telephone Number:
Fax Number:
Email Address:
Schedule 2 – Registrant’s acknowledgement of requirements
Please confirm you have provided the followingA cover letter indicating confirmation of ability to comply with the proposed time schedule and intention
A written response to the Project Brief of up to 2 pages which addresses both the Project Brief and the evaluation criteria
A Curriculum Vitae (CV) of the artist (in the case of a team this must be one CV for each individual on the team)
A maximum of 10 digital images per artist (PC compatible only) saved as jpegs and provided in PowerPoint presentation
Image list indicating dates, materials, dimensions, locations and if relevant, collaborative partners
Examples of work done in collaboration with builders, architects, interior and landscape designers if applicable
Names and contact details of two relevant referees
Please acknowledge that, if your Concept Design is selected for the design development and commissioning of the artwork, you will be required to obtain Public Liability Insurance to the value of $20,000,000
Please acknowledge that, if you are selected to provide a Concept Design that you will be required to obtain Professional Indemnity Insurance to the value of $5,000,000
Please acknowledge that, if successful, you will be required to enter into contractual agreements with Council
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Submission Cover Sheet
A Submission Cover Sheet is contained behind this page.
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/ SUBMISSION COVERSHEETTHE CORPORATION OF THE CITY OF ADELAIDE
LODGE AT:
TENDER BOX LOCATED AT
CUSTOMER CENTRE
25 PIRIE STREET
ADELAIDE SA 5000
or
GPO LOCKED BAG 9050 ACC TENDER, ADELAIDE SA 5001
REOI Number:E2014/0136
REOI Closes:2.00 pm / Thursday 28 August 2014
REOI Name:Ergo Apartments Public Art
REOI Lodgement:Tender Box or GPO Locked Bag 9050 ACC Tender, Adelaide SA 5001
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