Brooke Park Regeneration

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Brooke Park Regeneration Brief for Landscape Architect (Historic Parks) led Specialist Consultancy Services City Engineer’s Department Derry City Council 98 Strand Road Derry ____________________________________________________________________ Contents 1 ____________________________________________________________________ Contents Cover Page Contents Page Part 1 Introduction Part 2 Background and Reference Material Part 3 Scope and Phasing of Works Part 4 Instructions to Tenderers Part 5 Lead Consultant Practice Information Part 6 Project Team Information Part 7 Fee Proposal, Standard Agreement, Form of Tender Part 8 Evaluation and Award Criteria Part 9 Declarations 9.1 9.2 9.3 9.4 9.5 9.6 9.7 Appendix Form of Assurance Collusive Tendering Certificate Equality of Opportunity Fair Employment Freedom of Information Non-submittal of tender form Submission Checklist 60 2 3 7 11 18 25 32 40 48 50 Page 2 ____________________________________________________________________ Part 1 Introduction 3 ____________________________________________________________________ 1.0 Introduction Derry City Council aims to create a ‘vibrant, prosperous region with equal opportunities for all. Council through its Corporate Plan (2006-2009) is committed to developing and prioritising a clean, diverse, accessible and sustainable environment for people to enjoy. Through the Corporate Planning Process, Objective 3 aims to ‘improve provision of parks, play areas and cycle paths and enhance access to the natural environment’. In pursuit of this objective, a specific target is to ‘secure funding to undertake the refurbishment of Brooke Park’. The Regeneration of Brooke Park is a key element component in the regeneration of physical, social and economic regeneration of Derry City. A location map of Brooke Park is included in the Appendix. Derry City Council has successfully secured a Stage 1 pass from the Heritage Lottery Fund under their Parks for People Programme on the 31st March 2009 in the sum of £1.45m towards an estimated cost of £4.5 million. The project involves the following key elements;  To restore, revitalise and retain Brooke Park as an important green open space in an area with particularly high-density housing and high levels of social, economic and green space deprivation. To restore the Gate Lodge, ‘Black Man’ Statue, gates and railings, boundary walls, lower Creggan Road Pedestrian access and main entrance and frontage on Rosemount Avenue. To use plants in keeping with the original intended design, appropriate to the setting of an historic Victorian park and to provide high quality planting beds, which were among the parks’ main attractions, to reflect the original stature of the Gwyn’s Institution in its heyday in 1850s and later Brooke Park in the early 20thC. To restore the oval pond with a water feature as a focal point in the park. Redesign the site of the Gwyn’s Institute as an events space/auditorium to maximise the use of this space which was once the heart of the site. To develop a Training Centre within the walled Garden and partner with Conservation Volunteers (CVNI) to train and build new audiences for the park and to house parks staff within this new building. To develop new junior and toddler play environments. To establish the Gate Lodge as a customer/visitor point where visitors can find out more about the park, news, history and events        4 ____________________________________________________________________  To redevelop the Bowling Pavilion to accommodate food, beverages and public toilets. To develop a new pedestrian access at Rosemount Avenue (adjacent to the Bowling Green) to extend the character of the historic park. To replace the existing shale pitches with a full size grass pitch. To develop a synthetic/floodlight Multi-Use Games Area (MUGA) on the underused basket ball courts To develop a new Contact Sports and Fitness Centre with associated general meeting room within the confines of the Walled Garden To develop a new car park on the site of the underused tennis courts to accommodate the Leisure Centre. To undertake minor alterations to improve the internal arrangement of the Leisure Centre, increase changing facility capacity and provide additional space for leisure activities i.e. Judo.       Council has also secured a Stage 1 Development Grant for the Heritage Lottery Fund to appoint a multi-disciplinary team led by a Landscape Architect with demonstrable experience in historic park restoration to carry forward the regeneration of Brooke Park, initially up to a Stage 2 submission and thereafter to completion subject to funding and the receipt of the necessary statutory approvals. The Multi-Disciplinary team should include the following as a minimum;             Landscape Architect (Historic Parks) as Lead Consultant Architect and / or Landscape Architect Historic Parks Advisor Structural Engineer Civil Engineer Mechanical & Electrical Engineers Quantity Surveyor Planning Consultant Business Planning Consultant Sports Design Specialist CDM Co-ordinator Site Supervisor / Clerk of Works To date Council has secured a HLF Stage 1 Pass for the project and significant research work has been undertaken and documentation produced to accompany the application. 5 ____________________________________________________________________ This brief sets out the terms of reference for the design team, the scope of work involved and associated timescales for the delivery of the project. It provides instructions to tenderers and advises on the criteria that will be used for assessment. 6 ____________________________________________________________________ Part 2 Background and Reference Material 7 ____________________________________________________________________ 2.1 Summary Of Studies and Reports Derry City Council appointed SolystBrewser, Belfast in May 2008 to support Council with the preparation of a Stage 1 submission to the Heritage Lottery Fund, which received a Stage 1 Pass. This work has been complied into a series of reports and studies on Brooke Park, leading up to the preparation of a Stage 1 Conservation Management Plan (CMP) with supporting documents. The Conservation Management Plan was prepared in accordance with HLF Guidance to guide decisions on future repair, refurbishment and use of the park and associated buildings as follows:               Heritage Merit & Condition Analysis Community Consultation Access Plan Audience Development Plan Statement of Significance Statement of Vulnerability Conservation Management Policies Restoration Proposals Heritage Impact Assessment Cost Plan Management & Maintenance Plan Training Plan Business Plan Appendices The Regeneration of Brooke Park takes place within a wider context of other studies and proposals, notably: Since 2003/2004, there has been significant developments in community participation through the Neighbourhood Renewal process1. Both the TRAIX2 and Outer West Neighbourhood Partnership Boards3 (OWNP) have completed their Action Plans, which particularly focus on Targeting Social Need (TSN). Whilst Brooke Park is geographically located within the Outer West Neighbourhood Renewal Area it is bounded by TRIAX and therefore there is a common goal to secure a shared vision for the regeneration of this greenspace. The development proposals for the regeneration of Brooke Park will need to be reflective of the work undertaken by the Interagency Play Strategy Group (IPSG) who have commissioned an Interagency Play Strategy for the Derry City Council Area (2006-2009) 1 2 DSD People & Place – A Strategy for Neighbourhood Renewal Contact michaelmfg@triaxtaskforce.org for a copy 3 Contact colin.kennedy@derrycity.gov.uk for a copy 8 ____________________________________________________________________ ‘Towards a Child Friendly City’4. In addition, account needs to be taken of Council’s Local Biodiversity Action Plan (2008-2013)5 and Councils Access Plan (2009-2015)6. There also have been significant developments in the regeneration proposals for the City through Ilex URC (the urban Regeneration Company) and Department of Social Development through the North West Development Office. The regeneration plans for the City (Ebrington Masterplan)7 and Public Realm Plan8 should be considered within the strategic context. The inclusion of Brooke Park as a heritage product is recognised within the Walled City Public Realm funded under the NITB Walled City Signature Project. Brooke Park also features as a potential tourism destination in the DCC Tourism Development Strategy (20092012)9 Derry City Council has developed partnerships with The Friends of Brooke Park, and the Outer West Neighbourhood Partnership (OWNP) and TRIAX Partnership Board. The Friends of Brooke Park (FOBP) emerged out of a public meeting 10 to discuss concerns about the current state of Brooke Park and to consider community-driven actions that might be taken to revitalise this important urban greenspace and public amenity. The Friends of Brooke Park is an informal network of local residents, community groups and others who care about the future of the park. Further information on the group and a short history of Brooke Park can be obtained from the Friend of Brooke Park website www.friendsofbrookepark.org. The Outer West Neighbourhood Partnership (OWNP) was established as one of the four Neighbourhood Renewal Partnerships in the Derry area. The Outer West encompasses the areas of Ballymagroarty, Hazelbank, Rosemount, the Glen, Foyle Springs and adjoining areas. Parts of these areas are among the 10% most deprived areas in Northern Ireland and have experienced many years of deprivation and isolation. The Outer West Partnership Board is made up of representatives from the community and voluntary sector within the area and also statutory sector agency representatives. Following extensive consultation with the local community a 3 year Vision and Action Plan has been developed which identifies a range of actions needed to address the issues/problems identified. There are 4 main themes, community renewal, social renewal, economic renewal and physical renewal. These actions will be delivered in partnership with a range of statutory agencies, as this partnership approach is a central theme to the successful implementation of the neighbourhood renewal process. Specifically, the regeneration of Brooke Park is a key objective for this Partnership Board. 4 5 Contact colin.kennedy@derrycity.gov.uk for a copy contact Julie.corry@derrycity.gov.uk 6 contact willie.burke@derrycity.gov.uk 7 http://www.ilex-urc.com 8 http://www.ilex-urc.com 9 DCC Focus on the future – Tourism Development Strategy 2009-2010 – contact mary.blake@derrycity.gov.uk 10 BBC Action Network (June 2006), 9 ____________________________________________________________________ TRIAX is the Neighbourhood Renewal Partnership for the areas of the Bogside, Brandywell, Creggan, Fountain and Bishop St. areas. TRIAX brings together representatives from public, private and community and voluntary sector interests. Its 10-20 year vision is to transform the TRIAX area into a safe place where people will want to live, work and visit; where all will feel welcome in an inclusive community at peace with itself and others. Both Partnership Boards represent circ 30,000 people that represents approximately 50% of the West Bank population of the City. 10 ____________________________________________________________________ Part 3 Scope of Works 11 ____________________________________________________________________ 3.0 3.1 Scope of Work Brooke Park Project Team Derry City Council established a Brooke Park Project Team in 2007. This cross Department Team comprises of Officers from the City Engineers Department and the Development Department. All team members have agreed a holistic approach for the management, maintenance and development of Brooke Park. 3.2 The Client Team Derry City Council will be the commissioning authority for this Project. Council has partnered with the Friends of Brooke Park, OWNP and TRIAX to initiate the delivery of this project from inception to completion. Derry City Council has nominated a lead Officer as the primary point of contact throughout the life of this project in line with Heritage Lottery Fund requirements. Council will also be supported by a Programme Manager who will be externally funded as part of the HLF Stage 1 bid. 3.3 External Expertise The Brooke Park Project Team recognise the need to obtain external assistance to assist with the Stage 2 HLF application. Given the relative complexity and cross-cutting nature of this regeneration project, the Consultant Team requires a wide range of skills and knowledge. It is acknowledged that the Team should consist of the following expertise; (a) A Lead Consultant, who will co-ordinate the activities of the Design Team. It is essential that this team has experience in working together and has a track record in delivering similar types of Historic Parks Restoration Projects. The lead Consultant shall be a Landscape Architect with demonstrable experience in historic park restoration projects. (b) The Lead Consultant through this commission will build a Design Team to effectively deliver this brief. This Team should have a clear understanding and previous experience in Park Restoration, Conservation Management Plans etc. The MultiDisciplinary team should include the following as a minimum;           Landscape Architect (Historic Parks) as Lead Consultant Architect and / or Landscape Architect Historic Parks Advisor Structural Engineer Civil Engineer Mechanical & Electrical Engineers Quantity Surveyor Planning Consultant Business Planning Consultant Sports Design Specialist 12 ____________________________________________________________________   CDM Co-ordinator Site Supervisor / Clerk of Works The Consultant Team will need to demonstrate previous experience on similar projects of engagement with stakeholders in order to elicit their needs to inform the Stage 2 design and application process. In addition, be capable of establishing clear lines of communication with the nominated Council Officer and the Client Team. The Consultant Team will need to demonstrate their ability to work in partnership with the Client Team and demonstrate a track record in assisting in securing funding for Parks Regeneration Projects (HLF - Stage 2) of this scale and nature. The Consultant Team will need to demonstrate that they have a strong design flair and understanding of the project brief in valuing the heritage of this greenspace whilst meeting the needs of the current park user. The Consultant Team will need to demonstrate their ability to accurately cost capital elements of work as part of the Stage 2 funding application. The Consultant Team will need to determine, in consultation with the existing stakeholders their requirement for current and future use in meeting the needs of the Community. This Facilities Review will assess (a) current use, (b) stakeholder requirements and (c) options for redevelopment as deemed necessary. (c) (d) (e) (f) (g) 3.4 Scope of the Works Derry City Council seeks applications from a suitably qualified Consultant Team to undertake the following; 3.4.1 Review Previous Application The appointed Consultant Team will be required to review the previous application to the HLF in preperation for a Stage 2 submission. All documents will be made available to the successful Constant Team. These documents will be made available as a hard copy or by way of an electronic version. 3.4.2 Design Review Process The Consultant Team will be required to review the current Masterplan, specification and costings to ensure that these are reflective of current thinking for the regeneration of Brooke Park. The consultant Team will be required to work in close partnership with the Client, the HLF Historic Parks Advisors, Planning Service, NIEA Historic Parks and NIEA 13 ____________________________________________________________________ Historic Monuments prior to wider engagement with the general public and stakeholders. This needs will need to be evidenced as part of the Stage 2 application process. 3.4.3 Design & Costing The Consultant Team will be required to prepare a final Masterplan and design proposal for the whole park taking the consultation findings into consideration to meet the needs of the community. The proposals need to be reflective of the cultural and landscape importance of this heritage asset. These proposals will need to be worked up to detailed design and preparation of tender documents to LI Stage FG. Details designs are required for all conservation work/buildings. In addition, detail to be provided for seats, railings, planting lay outs etc as required by HLF. The Consultant Team will be required to undertake and present an itemised schedule of costs which compares to the costs given in Stage 1 for the works to agreed specifications for submission as part of the application process. The HLF cost model for presenting this information will be used. 3.4.4 Preperation of 10 year Management & Maintenance Plan (MMP) The Consultant Team will be required to review and prepare a 10-year Management and Maintenance Plan (MMP) for Brooke Park. The Project Team recognise the need to carefully consider resource requirements for the future management and maintenance of Brooke Park linked with new capital works. The resources required will ensure that the highest quality standards are maintained. This MMP should be informed by recent literature on Management Plans11 and Guidance12 The Consultant Team will be required to review the existing management and maintenance responsibilities, practices, structures and operational costs for Brooke Park projected over a 10-year period to inform the MMP process. The Team will also be required to analyse existing management and maintenance practices against Green Flag Award standard criteria. Thereafter, the Consultant Team will assist in determining the resource requirements emerging from the enhanced capital works again set against the Green Flag Criteria. In making the business case this information will be presented as a Financial Plan (FP). This FP will collate all financial implications of current management and maintenance arrangements. In addition it will project all future management and maintenance arrangements arising from all capital works and revenue programmes or resource requirements. As part of this Stage 2 process a itemised schedule of revenue activities, which compares to the Stage 1 application will be required. 11 12 CABE Space (2004) A guide to producing park and Green Space Management Plans HLF Parks for People – 10 year Management & Maintenance Plans Guidance 14 ____________________________________________________________________ 3.4.5 Preperation of an Audience Development Plan The Consultant Team will be required to review and prepare an Audience Development Plan to increases access by removing barriers, which prevent potential visitor enjoying Brooke Park as a heritage asset. These barriers are commonly recognised as organisational, cultural, physical, sensory, intellectual or financial. Important consideration will also need to be given to addressing the provisions of the Disability Discrimination Act. The successful team will need to have a clear understanding on how to develop Audience Developed Plan to target audiences to offer a high quality experience. This Plan will need be based on the guidance provided by the HLF available on their website13. In short, this Plan will provides a description of the heritage asset, evidence of consultation, analysis of current audiences, analysis of barrier as outlined above, assessment of potential audience setting agree objectives. Finally, an Action Plan will be prepared to meet the objectives for each of the target audiences. The appointed team will be required to complete this ADP including ‘Part 4’ action plans for increasing the number and range of visitors. 3.4.6 Preperation of a Training Plan The Consultant Team will be required to review and prepare a Training Plan as part of the funding application Stage 2 Submission. In line with Stage 2 submission this Plan will include Parts E & F as per HLF guidance. This written plan will focus on training and development needs to provide staff with the skills required to manage and maintain Brooke Park as a heritage asset. The successful consultant will be required to reassess the requirement of Council Staff, both manual and managerial and to identify opportunities to support and train volunteers related to the successful programming of Brooke Park. This Plan will be based on the guidance provided by the HLF available on their website14. In short, this Plan will require a review of existing staff skills (related to the project), consider additional skills required for staff having identified individuals and stakeholder organisations. 3.4.7 Community Engagement The appointed team will be required to develop proposals for community engagement as required for the development of the Stage 2 Process. In addition to assess visitor numbers and non-visitors elicited from survey work and gate counters. The consultant team will be required to gather baseline information on users through qualitative and qualitative methods and provide an analysis of these as part of the Audience Development Plan preparation. 13 14 www.hlf.org.uk www.hlf.org.uk 15 ____________________________________________________________________ 3.4.8 Volunteer Action Plan (VAP) The appointed team will be required to develop a VAP in line with HLF Guidance ‘Thinking about volunteering’ 3.4.9 Business Plan The appointed team will be required to review and further develop the Business Plan in line with HLF guidance paying particular attention to any proposed facilities that may generate a revenue income. 3.4.10 Programme The appointed Consultant Team will be required to provide a detailed programme or timetable for delivering the project to meet the deadline for submission of the Stage 2 Application to the HLF by 30 June 2010. 3.4.11 Commentary on Application/s The Project Officer will draft the funding application/s. Following consensus of the Project Team, the Consultant Team will be required to review and comment on the application prior to submission. 3.4.12 Other The Consultant Team will be required to carry out any other services required to submit a Stage 2 proposal and deliver the scheme to completion. 3.4  Services Provided by DCC DCC has nominated an Officer and dedicated time and resources towards this initiative to support both the Project and Consultant Team. This Project Officer will manage and be accountable for the business process in preperation of the funding bid/s. The team will be supported by an external Project Manager. DCC will facilitate Team Meetings by bringing the Consultant Team and Project Team together to work in a co-ordinated manner. DCC will provide all relevant information and files to the successful Team as part of the reviews process in preperation of a supporting material for the funding bid/s DCC and Project Partners will provide a schedule of relevant contacts that will contribute positively to the regeneration process. This list will be concise for effective communication and feedback on proposals.    16 ____________________________________________________________________ DCC and Project Partners supported by the Consultant Team will undertake a consultation exercise with the wider Community and Stakeholders to get buy-in for the masterplan proposals. It is intended that Information Session/s will be time bound and focused on obtaining constructive feedback. 17 ____________________________________________________________________ Part 4 Instructions to Tenderers 18 ____________________________________________________________________ 4.1 Invitation to Submit Tenders Derry City Council invites tenders from suitably experienced persons for a Landscape Architect (Historic Parks) led multi-disciplinary team of Specialist Consultants to carry forward the Regeneration of Brooke Park. Tenderers/Lead Consultants are required to complete all of Parts 5, 6, 7, and 9 of this document. Where relevant the Lead Consultant is required to collate information gathered from their proposed Project Team. The information provided will be assessed by Derry City Council under the evaluation criteria outlined in Part 8 to establish how the tenderer has responded to the brief. Details submitted shall be used in the evaluation process together with any additional information provided, fee proposal, information obtained during interview etc. The questions may be transferred to a word processor to facilitate a written response. During the evaluation process, should further clarification be required on any information provided, failure to respond to any such request within a specified timelimit may invalidate a received tender. 4.2 Explanation of Documents/Queries during the Tender Period/Registration of Intent to Tender. It is the responsibility of prospective tenderers to obtain for themselves at their own expense any additional information necessary for the preparation of their tender. Tenderers are advised to ensure that they are fully familiar with the nature and extent of the obligations to be accepted by them if their application is accepted, including Council’s Standing Orders, a copy of which may be seen by arrangement. Should any tenderer be in doubt as to the interpretation of any part of the tender documents, the City Engineer shall endeavour to answer written enquiries. All queries must be submitted in writing to arrive with the City Engineer not later than 20/11/09 by post, fax or email to: City Engineer Derry City Council Council Offices 98 Strand Road Derry N Ireland BT48 7NN. 19 ____________________________________________________________________ Fax No. +44 (0) 2871 363569 Email: cityeng@derrycity.gov.uk All copies of written queries received, together with written replies will be sent to all tenderers not later than one week before the date of return of tenders, i.e. 4/12/09. Where possible all responses will also be posted on Council’s website as detailed below: http://www.derrycity.gov.uk/Tenders/index.htm In order to ensure receipt of written replies, all prospective tenderers are therefore requested to register their intent to tender in writing to the City Engineer by post, fax or email as noted above, not later than 20/11/09, including full contact details and indicating tenders will be submitted. No representation, explanation or statement made to a tenderer, or anyone else, by or on behalf of the Council, as to the meaning of any of the tender documents, or otherwise in clarification as aforesaid, shall bind the Council in exercise of its power and duties under any subsequent contract(s). 4.3 Accuracy of Tender / Information to be provided Tenders must be submitted for the supply of all services, outlined in the brief, within the Form of Tender. Tenders submitted comprising part-teams and/or part services only will be rejected. Tenderers must price separately for all items as indicated in the Form of Tender. Derry City Council will reject any tender that is not priced accordingly. Tenderers should provide a clear and detailed organisational chart of all component parts of their prospective consultancy teams, indicating principal duties and proposed project personnel for each, together with all information as listed and required in Part 5 and 6 of this document. Tenderers must complete and return all relevant tender/pricing and declaration forms etc., as provided in Parts 7 and 9 of this document. 4.4 Submission of Tender Documents The tender shall be made on the Form of Tender(s) provided (refer to Part 7). All contract documents, together with these instructions, this tender document and completed Form of Tender(s) should be forwarded, by registered post or delivered by hand and a receipt obtained to: 20 ____________________________________________________________________ Tender for ‘Regeneration of Brooke Park: Specialist Consultancy Services’ V Watts Town Clerk & Chief Executive Derry City Council Council Offices 98 Strand Road Derry BT48 7NN So as to arrive no later than 12.00 noon on 11 December 2009 No UNAUTHORISED alteration or addition should be made to any Tender Form(s) or to any other of the Contract Documents. IF ANY SUCH ALTERATION OR ADDITION IS MADE OR IF THESE INSTRUCTIONS ARE NOT FULLY COMPLIED WITH THE TENDER MAY BE REJECTED. All documents requiring a signature shall be signed: (a) (b) (c) Where the tenderer is an individual, by that individual Where the tenderer is a partnership by the two duly authorised partners Where the tenderer is a company, such persons being duly authorised for that purpose. Returned documents shall be submitted strictly in accordance with the tender documents. No alteration to the text of any of the tender documents will be permitted and if any are made, the tender may be rejected. Failure to complete any part of the documents may incur rejection of the tender. Tenderers must ensure that all requested documentation is returned with the completed tender. No name or mark, including any franking machine slogan, is to be placed on the envelope to indicate in any way the identity of the sender. Tenderers or any representatives thereof will not be permitted to be present when the tenders are opened. All prices should be quoted in pounds sterling and shall be exclusive of VAT. 21 ____________________________________________________________________ 4.5 Fee Basis of the Tender The fee quoted in the tender pricing section shall remain fixed for the duration of the project. 4.6 Period of Acceptance The tenderer is required to hold his tender open for acceptance for a period of six calendar months from the closing date for the submission of tenders. 4.7 Tender Evaluation Evaluation/Award Criteria are outlined in Part 8 of this document. Derry City Council is not required to accept the lowest or any tender and may wish to award the contract as a whole or individual aspects depending on the strength of the successful team. 4.8 Identification of omissions The information given in these Instructions for Tenderers is given in good faith for the guidance of Tenderers, but if there are any inaccuracies or omissions Derry City Council accept no liability and request the consultant to identify these as early as possible. 4.9 Pre-Selection Interviews/Presentations Tenderers are put on notice that they may be required to attend the Council Offices, 98 Strand Road, Derry, for procedural and technical presentations and/or interviews during the process of tender evaluation at no charge to Council. Interviews are provisionally scheduled for 17/12/09. Proposed key team personnel shall be required to attend including the Lead Consultant and a representative of each of the specialism within the project team. 4.10 Contract Commencement Date It is envisaged that appointment of the Consultancy Team will be made in January 2010, but appointment may be delayed beyond this date. Derry City Council will endeavour to achieve this timescale but cannot guarantee this commencement date and cannot accept any liability if this contract date is not achieved. The consultant should be prepared to defer the start date as necessary. 22 ____________________________________________________________________ 4.11 Questions/Visits to Site All questions, requests, or other communications regarding this tender must in the first instance be made in writing to the City Engineer. 4.12 Late Submissions Tenders submitted after the closing date and time of 12 noon 11 December 2009 will not be accepted irrespective of the circumstances. 4.13 Expenses and Losses/ Preparation of Tender The Council shall not be responsible for, or pay for, any expenses or losses that may be incurred by any tenderer in preparing their tender proposals. It is the responsibility of prospective tenderers to obtain for themselves, at their own expense, any additional information necessary for the preparation of their tenders. 4.14 Confidentiality All information supplied by the Council in connection with this invitation to tender shall be treated as confidential by prospective tenderers, except that such information may be disclosed so far as is necessary for the purpose of obtaining sureties, guarantees and quotations necessary for the preparation and submission of the tender. 4.15 Ownership of Tender Documents These documents are, and shall remain, the property of the Council and shall be returned with the tender. If no tender is to be submitted, the documents shall be returned pursuant to the Council’s Invitation to Tender. 4.16 Insurances The Supplier shall effect and maintain insurance necessary to cover their liabilities under this Contract. 4.17 Format of Tenders Those interested in tendering for this project should submit a tender document comprising of the information requested in Parts 5, 6, 7 and 9 of this document. 4.18 Offer and Acceptance of Contract Prior to the expiry of the tender validity period as defined in Clause 7 Derry City Council will send to the successful tenderer a letter of provisional acceptance of 23 ____________________________________________________________________ tender. This letter will make clear that the execution of the contract will be subject to a minimum mandatory standstill period of 10 calendar days, from the day after the date of letter of provisional acceptance. At the same time, Derry City Council will notify each unsuccessful tenderer. At the end of the standstill period, unless Derry City Council notifies the successful tenderer that there has been judicial interruption in the form of an order by the court of competent jurisdiction that the execution and/or implementation of the contract should be suspended pending a full hearing of the matter by a court of competent jurisdiction, Derry City Council will execute the contract documentation. If judicial interruption takes place Derry City Council will execute the contract documentation only following the conclusion of the Court proceedings (including any appeals) in favour of Derry City Council. If the Court proceedings are concluded against Derry City Council, no contract shall be entered into or executed. Please provide three copies of your tender submission for tender panel review purposes. 24 ____________________________________________________________________ Part 5 Lead Consultant Practice Information 25 ____________________________________________________________________ This part of the tender document is to be completed by the Lead Consultant only. 5.1 Contact details Practice Address Postcode Tel no. Fax no. Email Website 5.2 Status and formation/registration Please indicate practice/company status (tick as appropriate) Sole trader Private Ltd/Company Public Ltd/Company Partnership Government body Other (please specify) Formation/registration. Formation / Registration Date Company Registration No 26 ____________________________________________________________________ 5.3 Partners/Directors; staff and main contact details Provide details of all partners/directors and key personnel in the practice and their qualifications/professional membership/experience relevant to this brief. Please also indicate who will be directly involved in this project at the various stages. Direct Qualifications/professional involvement Length of Name memberships/ in Brooke service relevant experience Park project? Please provide details of number and type of staff Type of staff Number currently employed Please name a sole point of contact within your company who will be responsible for this project. Name Address Postcode Position Tel no. Mobile Email 27 ____________________________________________________________________ 5.5 Financial Details Who is the person responsible for financial matters in your practice? Name Address Postcode Position Tel no. Mobile Email Please indicate the annual turnover for the practice for each of the last three financial years. Financial Year 2008 2007 2006 5.6 Insurances Please provide details of all insurances held by the practice. Photocopied evidence should be supplied with your submission. Should the required levels of cover not be in place, evidence that the required levels can be obtained should be provided. Insurance type Public Liability (Minimum £10m) Employers liability (Minimum £10m) Professional Indemnity (Min £10m) Specialist/Other Financial Year End Date Total turnover Value Expires 28 ____________________________________________________________________ Provide details of any insurance claims or litigation associated with your practice in the last 10 years. 5.7 Health & Safety Provide a copy of your Company’s current Health and Safety Policy and details of any in-house or externally certified Health and Safety Management System operated by the company including the person responsible and registration details. System Registration No Date of Registration Person Responsible Address Postcode Position Tel no. Email Provide details of any accidents/incidents reported by your organisation to the HSE within the past five years. Have any formal notices (improvements or prohibitions) or legal proceedings been issued against your organisation by the HSE in the last five years, if so please provide details? 29 ____________________________________________________________________ 5.8 Quality Management Systems Provide details of any in-house or externally certified Quality Management System operated by the company including person responsible and registration details. System Registration No Date of Registration Person Responsible Address Postcode Position Tel no. Email 5.9 Environmental Management Systems Provide details of any in-house or externally certified Environmental Management System operated by the company including person responsible and registration details. System Registration No Date of Registration Person Responsible Address Postcode Position Tel no. Email 30 ____________________________________________________________________ 5.10 Fair Employment / Equal Opportunities Does your company comply with or undertake to comply fully with legislation in Northern Ireland on: (a) Fair Employment Yes No Please enclose details of your firm’s policy and procedures in respect of Fair Employment. (b) Equal Opportunities Yes No Please enclose details of your firm’s policy and procedures in respect of Equal Opportunities. (c) Section 75 Yes No Please enclose details of your firm’s policy and procedures in respect of Section 75. 5.11 Membership of Professional Bodies Provide details of any Professional Bodies of which the Practice is a member. Professional Body Membership Details & Registration No 31 ____________________________________________________________________ Part 6 Project Team Information 32 ____________________________________________________________________ 6.1 Instructions for completion of Part 6 The Lead Consultant should provide all information requested in 6.2 relating to their experience and expertise, assemble a multidisciplinary team and ensure each team member provides all relevant information as requested in the relevant sections of 6.3. The Lead Consultant is also required to prepare a detailed methodology and project programme as requested in 6.4. All information must be supplied within the templates provided, Project Team CVs/company profiles will not be assessed and should not be provided as supplementary information. It is the responsibility of the Lead Consultant to verify the professional and technical ability of all Project team members involved. The Lead Consultant shall ensure that Project Team members possess and meet at a minimum all relevant:        Standards of knowledge, ability, expertise and experience required to carry out a project of this nature and complexity; Qualifications and technical capacity requirements; Personnel and staff resources with main point of contact identified; Financial status; Insurances; Fair Employment/Equal Opportunities practices; Health and Safety requirements. 40% 6.2 Relevant Experience and Expertise of Lead Consultant The Lead Consultant should provide details of three projects undertaken within the last 5 years for which they have acted as Lead Consultant providing Historic Park Regeneration led project management services of a similar complexity and/or nature to those required for the Regeneration of Brooke Park. Please note that this section is about the experience of the individual that will lead the project and not the practice. 6.2.1 Project Summary Sheets Project Summary Sheets should be provided on a maximum of two A4 pages, (font size 12, single spaced) and should include the following information;   Project Name Client Name (who may be approached for a reference) 33 ____________________________________________________________________        Practice Involvement Project Description Images Type of Contract and Duration Final Contract Sum and details of any overspend External Funding Bodies Key Practice staff involved 6.2.2 Awards Please provide a list of any awards received on Historic Park Restoration projects in the last 5 years. 5 marks 6.2.3 Experience and Expertise Drawing on experience gained in the examples provided above the Lead Consultant should provide evidence of their individual experience in the following areas, by completing the template below. Practice Name: Name of Lead Consultant: Professional Qualifications: Employment History: Experience in: 6.2.3.1. Providing Lead Consultant / Project Management services on Historic Park Restoration Projects of a similar nature and scale to Brooke Park. 25 marks 34 ____________________________________________________________________ 6.3.2.2. Providing Lead Consultant services on conservation elements of Historic Park Restoration Projects. 15 marks 6.3.2.3. Providing Lead Consultant services on new build elements of Historic Park Restoration Projects. 6.3.2.4. Managing the preparation of the following for Historic Park Restoration projects; Management & Maintenance Plans Audience Development Plans Training Plans Business Development Plans Volunteer Action Plans Business Plans 10 marks 20 marks 6.3.2.5. Engagement with community/stakeholders on Historic Park Restoration Projects. 10 marks 6.3.2.6. Liaison with funding bodies including the Heritage Lottery Fund in the preparation of a Stage 2 funding application. 6.2.4 Local Interface / Accessibility to Client 10 marks The Lead Consultant should outline how they propose to provide day to day contact with Derry City Council at a local level. 5 marks Total % = (Total Marks/100)*40 6.3 Relevant Experience and Expertise of Project Team 40% The Lead Consultant shall assemble, co-ordinate and lead a multidisciplinary team of Specialist Consultants. 35 ____________________________________________________________________ 6.3.1 Project Team Structure A proposed Project Team structure should be submitted which clearly identifies and details the duties and responsibilities of key persons and lines of communication across all disciplines within the project team. 20 marks 6.3.2 Project Summary Sheets The Lead Consultant shall ensure that each member of the project team provides details of three projects undertaken within the last 5 years of a similar complexity and/or nature to those required for the Regeneration of Brooke Park for which the members have provided services. Project summary sheets should be provided on a maximum of two A4 pages (font size 12, single spacing) and should include the following information;          Project Name Client Name (who may be approached for a reference) Practice Involvement Project Description Images Type of Contract and Duration Final Contract Sum and details of any overspend External Funding Bodies Key Practice staff involved 6.3.3 Awards Please provide a list of any awards received by the team in the last 5 years on Historic Park Restoration projects. 5 marks 6.3.4 Experience and Expertise Drawing on experience gained in the examples provided above key project members within each discipline should provide evidence of their experience in the relevant sections of the template below. Only complete where relevant to each discipline. 36 ____________________________________________________________________ Project Team Discipline: Name of Company/Practice: Name of Key Person: Professional Qualifications: Employment History: Experience in: 1. Providing Landscape Architect services on Historic Park Restoration Projects of a similar nature and scale to Brooke Park. 10 marks 2. Providing Conservation Architect services on conservation elements of Historic Park Restoration Projects. 10 marks 3. Providing Architect services on new build elements of Historic Park Restoration Projects. 10 marks 4. Providing Sports Design services on Sport / Leisure Regeneration Projects. 5 marks 5. Providing Engineering Services (Civil, Structural & M&E) on Historic Parks Restoration Projects. 15 marks 6. Provision of cost estimates, and undertaking tender assessments for component elements of Historic Parks Restoration Projects. 10 marks 7. The preparation of Management & Maintenance Plans & Policies for Historic Park Restoration projects. 5 marks 37 ____________________________________________________________________ 8. The Preparation of Audience Development Plans for Historic Parks Restoration Projects. 5 marks 9. Preparation of Training Plans for Historic Parks Restoration Projects. 5 marks 10. Preparation of Volunteer Action Plans for Historic Parks Restoration Projects. 5 marks 11. Preparation of Business Development Plans for Historic Parks Restoration Projects. 5 marks 12. Experience in Community/stakeholder engagement as part of the design and Stage 2 process 5 marks 6.3.5 Resources Please provide evidence of the company’s staff and IT resources including current workload and the capability to deliver this project. 10 marks Total % = (Total Marks/125)*40 38 ____________________________________________________________________ 6.4 Methodology and Programme 6.4.1 Methodology 15% Please provide a detailed methodology outlining how the team proposes to manage and carry the project forward making specific reference to the following:         General methodology 30 marks Development of Conservation Management Plan/s 10 marks Client, Stakeholder, Public, Funders consultation 10 marks Project management 10 marks Risk management 10 marks Key challenges 10 marks Health and safety 10 marks Contractor appointment and management on site 10 marks Any additional work which the Team considers necessary for the completion of the project should be highlighted and included within the Fee Proposal in Part 7 Total % = (Total Marks/100)*15 6.4.2 Programme 5% Please provide a detailed project programme outlining the various stages in the process and key milestones for the delivery of the project. 10 marks Total % = (Total Marks/10)*5 39 ____________________________________________________________________ Part 7 Fee Proposal Form of Agreement Form of Tender 40 ____________________________________________________________________ 7.1 Fee Proposal Derry City Council wish to appoint a Landscape Architect, with experience in the restoration of Historic Parks, as Lead Consultant who shall assemble, co-ordinate and lead a multi-disciplinary team of specialist consultants to carry forward the Regeneration of Brooke Park. Tenderers are requested to provide a fee proposal to undertake each phase of the works as outlined in Part 3 to completion. Element 1 Element 2 -Historic Park Restoration -Sports / Leisure Regeneration £ 3,000,000 (ex VAT) £1,000,000 (ex VAT) - The fee proposal should be expressed as a percentage fee for the whole team of the estimated construction costs for each phase along with a breakdown of the percentage fee for each member of the team for Landscape Institute Stages C-L inclusive of all expenses. Fees for Stages C to E will be a percentage of the above cost estimates. Fees for Stages F-J will be a percentage of the Stage E cost estimate and fees for Stages K-L will be a percentage of the contract value. The fee for Site Supervision / Clerk of Works should be expressed as a weekly amount. Hourly rates for key staff within the team should also be provided and these are to remain fixed for the duration of each phase. Tenderers should include the following disciplines within their proposal as a minimum and highlight any additional service or cost that they feel will be required to completed this assignment and price accordingly.               Landscape Architect (Historic Parks) as Lead Consultant Architect and / or Landscape Architect Historic Parks Advisor Archaeologist Structural Engineer Civil Engineer Mechanical & Electrical Engineers Quantity Surveyor Planning Consultant Business Planning Consultant Sports Design Specialist CDM Co-ordinator Site Supervisor / Clerk of Works Any other service deemed necessary by the Lead Consultant The fee proposals for each phase are to be a stand alone fee without any link between each phase, Derry City Council will make the initial and any subsequent appointment subject to the availability of funding. 41 ____________________________________________________________________ Any omissions or gaps in this brief should be identified and priced as necessary. 7.2 Standard Agreement for the Appointment of an Architect The Lead Consultant will be engaged subject to funding under the standard Memorandum of Agreement of the Landscape Institute. Any other services required to complete this commission should be highlighted by the Lead Consultant and included within the tender. The Lead Consultant will be the Client’s main and single point of contact with the Project Team. The Lead Consultant will be responsible for the appointment and remuneration of the other disciplines after the consultants / sub consultants have been agreed by the client. 42 ____________________________________________________________________ 7.3 Form of Tender ‘Specialist Consultancy Services – Brooke Park Regeneration’ To: Derry City Council, Council Offices, 98 Strand Road, Derry BT48 7NN Members: Having examined all documentation bound in this Invitation Document as listed in the Table of Contents. I/we undertake to provide the above-mentioned services in conformity with this tender for the following prices: - 43 ____________________________________________________________________ Element 1 – Historic Park Restoration Brooke Park Regeneration – Historic Park Restoration - Fee Percentages Inclusive of all Expenses (Estimated Cost £3,000,000) Specialist Discipline Lead Consultant Project Team Additional Services Total Fee % for all Disciplines Total Cost of Fee % services based on estimated costs of £3m (ie Fee % x £3,000,000) Brooke Park Regeneration - Historic Park Restoration – Additional Weekly / Lump Sum Costs (ex VAT) Discipline Site Supervision / Clerk of Works (per week based on estimated duration of 65 weeks) Any other costs (please state nature of cost and express as a lump sum) Total Additional Costs Costs Landscape Institute Work Stages C D&E F&G H&J K&L Total % 44 ____________________________________________________________________ Element 2 – Sport / Leisure Regeneration Brooke Park Regeneration – Sport / Leisure Regeneration - Fee Percentages Inclusive of all Expenses (Estimated Cost £1,000,000) Specialist Discipline Lead Consultant Project Team Additional Services Total Fee % for all Disciplines Total Cost of Fee % services based on estimated costs of £3m (ie Fee % x £1,000,000) Brooke Park Regeneration – Sport / Leisure Regeneration - Additional Weekly / Lump Sum Costs (ex VAT) Discipline Site Supervision / Clerk of Works (per week based on estimated duration of 65 weeks) Any other costs (please state nature of cost and express as a lump sum) Total Additional Costs Costs Landscape Institute Work Stages C D&E F&G H&J K&L Total % 45 ____________________________________________________________________ Brooke Park Regeneration - Table of hourly rates for key staff Specialist Discipline Hourly Rate Landscape Architect (Historic Parks) as Lead Consultant Architect and / or Landscape Architect Historic Parks Advisor Archaeologist Structural Engineer Civil Engineer Mechanical & Electrical Engineers Quantity Surveyor Planning Consultant Business Planning Consultant Sports Design Specialist CDM Co-ordinator Site Supervisor / Clerk of Works Any other service deemed necessary by the Lead Consultant 46 ____________________________________________________________________ Intentionally blank 47 ____________________________________________________________________ Part 8 Evaluation and Award Criteria 48 ____________________________________________________________________ 8.1 Evaluation and Award Criteria Tenders will be assessed on the basis of both Quality (70%) and Cost (30%). The Quality assessment will be based on the information provided in Parts 5, 6 and 9 set against the following criteria: Relevant Experience and Expertise of Lead Consultant Relevant Experience and Expertise of Project Team Proposed Methodology and Programme 40% 40% 20% Submissions that do not contain all the information requested in Parts 5, 6, 7 and 9 of this document will not be assessed. Unless otherwise stated, the Consultant Quality information requested in Part 6 will be evaluated as follows; Band 1 2 3 4 5 Comments 5 Fully detailed evidence provided, very minor concerns on detail, relevence or complexity Detailed evidence provided, some concerns on detail, relevence or complexity Reasonable evidence, lacking in detail, relevance or complexity Limited evidence provided, significant concerns on detail, relevence or complexity Little or no evidence provided, very significant concerns on detail, relevence or complexity 5 4 3 2 1 10 9-10 7-8 5-6 3-4 1-2 15 13-15 10-12 7-9 4-6 1-3 Marking out of 20 25 17-20 13-16 9-12 5-8 1-4 21-25 16-20 11-15 6-10 1-5 30 25-30 19-24 13-18 7-12 1-6 50 41-50 31-40 21-30 11-20 1-10 Cost Assessment Tenders will be scored against the second lowest tenderer with full marks (i.e. 30) being awarded to tenders who are at or lower than the second lowest tenderer. A proportionate percentage reduction in available marks will be made for every percentage that a tender is above the second lowest, e.g. if a tender is 10% higher, 10% of the available marks will be deducted giving a cost score of 27. The initial appointment will be up to Stage G works only with progression through all Landscape Institute Stages and project phases being subject to the availability of funding. 49 ____________________________________________________________________ Part 9 Declarations to be completed by Lead Consultant & Submissions Checklist 50 ____________________________________________________________________ 9.1 Form of Assurance Health & Safety at Work (Northern Ireland) Order 1978 The Tenderer’s attention is drawn to the provision of the above Order, which became law on 1 May 1979, and in particular to Clause 4 of the Order “General Duties of Employers to their Employees”. I undertake in the event of my tender being accepted to carryout these works with due regard to the provisions of the Health & Safety at Work (Northern Ireland) Order 1978 and all attendance Regulations made there under. Site staff shall be adequately trained, instructed and supervised to ensure so far as is reasonably practicable the Health and Safety of all persons who may be affected by the works under this Contract. All plant, equipment and vehicles for use under this Contract shall, where statutorily required, be tested and examinations will be submitted to the City Engineer before any item of plant is brought into use under the Contract. Before commencing work I will prepare a written policy on the Health and Safety of any employee engaged in this work together with written organisational arrangements for carrying out the policy, including particular arrangements for the health and safety of employees required to enter manholes and culverts. Signed by: ___________________ Signature ______________________________ Name in block letters Position in Organisation: _______________________________________ Date: ________________________________________________________ On Behalf of: _________________________________________________ (name of organisation) Address: _____________________________________________________ _____________________________________________________________ Note: To be signed by the Lead Consultant on behalf of the entire project team and to be returned with tender submission. 51 ____________________________________________________________________ 9.2 Collusive Tendering Certificate We certify that this is a bona fide tender and that we have not fixed or adjusted the amount of the tender by or under or in accordance with any agreement or arrangement with any other person. We also clarify that we have not done and we undertake that we will not do any time before the hour and date specified for the return of this tender, any of the following acts: 1. Communicating to a person other than the person calling for these tenders, the amount or approximate amount of the proposed tender, except where the disclosure, in confidence, of the appropriate amount of the tender was necessary to obtain premium quotations required for the preparation of tender. Entering into any agreement or arrangement with any other person that he shall refrain from tendering or as to the amount of any tender to be submitted. Offering or paying or giving or agreeing to pay or give any sum of money or valuable consideration, directly or indirectly to any person for doing or having done or causing to be done, in relation to any other tender or proposed tender for the said work, any act or thing of any sort described above. 2. 3. In this certificate the word ‘person’ including any persons and anybody or association, corporation or unincorporated and ‘any agreement or arrangement’ included any such transaction formal or informal and whether legally binding or not. Signed by: ___________________ Signature ______________________________ Name in block letters Position in Organisation: _______________________________________ Date: ________________________________________________________ On Behalf of: _________________________________________________ (name of organisation) Address: _____________________________________________________ _____________________________________________________________ Note: To be signed by the Lead Consultant on behalf of the entire project team and to be returned with tender submission. 52 ____________________________________________________________________ 9.3 Declaration of Commitment to Promoting Equality of Opportunity and Good Relations Preamble Under Section 75 of the Northern Ireland Act 1998 Derry City Council must have due regard to the need to promote equality of opportunity:     Between persons of different religious belief, political opinion, racial group, age, marital status, or sexual orientation; Between men and women generally; Between persons with a disability and persons without; Between persons with dependants and persons without. In addition the Council must also have regard to the desirability of promoting good relations between persons of different religious belief, political opinion or racial group. The Council is committed to fulfilling these obligations and is keen to not only ensure that suppliers of goods and services, contractors undertaking work on behalf of the Council. And groups who receive support from the Council do not act in any way that would contravene the Council’s statutory equality duties but also that they help promote equality of opportunity and good relations within their own area and organisation. It is therefore a condition of any offer to grant aid/support or contract for goods or services that the Chief Executive, Managing Director or other authorised person signs, on behalf of their organisation, the declaration below. This declaration will confirm that the organisation is committed to promoting equality of opportunity and good relations and will not act in any way that will undermine the Council’s commitment to fulfil its statutory obligations. The Council will not enter into any contract or provide support/grant aid to any organisation which does not sign the Declaration of Commitment to the Promotion of Equality of Opportunity and Good Relations. 53 ____________________________________________________________________ Declaration of Commitment to Promoting Equality of Opportunity and Good Relations (continued) We (insert name of organisation): ………………………………………………………… recognise Derry City Council’s duty to have due regard to the need to promote equality of opportunity:  Between persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation Between men and women generally Between persons with a disability and persons without Between persons with dependants and persons without    And to have regard to the desirability of promoting good relations between persons of different religious belief, political opinion and racial group. We undertake not to act in any way that would contravene the Council’s statutory obligations and are committed to promoting good relations and equality of opportunity in all out activities (including in the recruitment, promotion and training of all our staff). Signed by: ___________________ Signature ______________________________ Name in block letters Position in Organisation: _______________________________________ Date: ________________________________________________________ On Behalf of: _________________________________________________ (name of organisation) Address: _____________________________________________________ _____________________________________________________________ Note: to be signed by the Lead Consultant on behalf of the entire project team and to be returned with tender submission. 54 ____________________________________________________________________ 9.4 Fair Employment Declaration Fair Employment and Treatment (Northern Ireland) Order 1998 1. Article 64 of the Fair Employment and Treatment (NI) Order 1998 (“the Order”) provided inter alia that a public authority shall not accept an offer to execute any work or supply any goods or services where the offer is made by an unqualified person in response to an invitation by the public authority to submit offers. Article 64 also provides that the public authority shall take all such steps as are reasonable to secure that no work is executed or goods or services supplied for the purposes of such contracts as are mentioned above by an unqualified person. An unqualified person is either an employer who, having been in default if the circumstances specified in Article 62(1) of the Order, has been served with a notice by the Fair Employment Commission stating that he is not qualified for the purposes of Articles 64-66 of the Order or an employer who, by reason of connection with an employer on whom has been served a notice to that effect, has also been served with such a notice. Mindful of its obligations under the Order, DERRY CITY COUNCIL has decided that it shall be a condition of tendering that a contractor shall not be an unqualified person for the purposes of Articles 64-66 of the Order. Contractors are, therefore, asked to complete and return the attached Declaration/Undertaking, with their quotation/tender, to confirm that they are not unqualified persons and to undertake that no work shall be executed or goods or services supplied by an unqualified person for the purposes of any contract with a Council to which Article 64 of the Order applies. 2. 3. 4. I/We ______________________________________ hereby declare that I am/we are not an unqualified person for the purposes of the Fair Employment and Treatment (Northern Ireland) Order 1998. I/We undertake that no work shall be executed or good or services supplied by any unqualified person for the purposes of any contract with the DERRY CITY COUNCIL to which Section 64 of the Order applies. Signed by: ___________________ Signature ______________________________ Name in block letters Position in Organisation:______________________________________ Date: ________________________________________________________ On Behalf of: _________________________________________________ (name of organisation) Address: _____________________________________________________ _____________________________________________________________ Note: to be signed by the Lead Consultant on behalf of the entire project team and to be returned with tender submission. 55 ____________________________________________________________________ 9.5 Freedom Of Information Derry City Council is subject to the provisions of the Freedom of Information Act 2000. Should any tenderer consider that any of the information supplied by them is either commercially sensitive or confidential in nature, this should be highlighted and the reasons for its sensitivity specified. In such cases, the relevant material will, in response to FOI requests, be examined in light of the exemptions provided for in the FOI Act. Tenderers should be aware that the information provided in the completed tender and contractual documents could be disclosed in response to a request under the Freedom of Information Act. No information provided by Tenderers will be accepted “in confidence” and Derry City Council accepts no liability for loss as a result of any information disclosed in response to a request under the Freedom of Information Act. Derry City Council has no discretion whether or not to disclose information in response to a request under the Freedom of Information Act, unless an exemption applies. Disclosure decisions will be taken by appropriate individuals in Derry City Council having due regard to the exemptions available and the Public Interest. Tenderers are required to highlight information that they include in the tender documents, which they consider to be commercially sensitive or confidential in nature, and should state the precise reasons, why that view is taken. In particular, issues concerning trade secrets and commercial sensitivity should be highlighted. Tenderers are advised against recording unnecessary information. In accordance with the Lord Chancellors code of Practice on the discharge of public functions, Derry City Council will not accept any contractual term that purports to restrict the disclosure of information held by the Council in respect of the contract or tender exercise save as permitted by the Freedom of Information Act. The decision whether to disclose information rests solely with Derry City Council. Derry City Council will consult with tenderers, where it is considered appropriate, in relation to the release of controversial information. Tenderers will be notified by the council of any disclosure of information relating to them. 56 ____________________________________________________________________ 9.6 Non-Submittal of Tender Form Please fax this form by the closing date of 11 December 2009 if your organisation has registered your intent to tender, but is subsequently unable to return a tender. FAO: City Engineer Derry City Council Council Offices 98 Strand Road Derry BT48 7NN Fax No: +44 (0) 2871 363569 Tender – ‘Specialist Consultancy Services – Brooke Park Regeneration’ Organisation: ___________________________________________________________ Our company is unable to return a tender submission for this project for the following reason: Unable to submit in timescale Unable to complete work within required programme Other (please specify below) …………………………………………………………………………………………….. …………………………………………………………………………………………….. …………………………………………………………………………………………….. Signed: …………………………………………………………………………………… For or on Behalf of: ……………………………………………………………………… Address: ………………………………………………………………………………….. ………………………………………………………………………………….. ………………………………………………………………………………….. ………………………………………………………………………………….. Position in Company: ……………………………………………. Date: ..……………. 57 ____________________________________________________________________ 9.7 Submission Checklist Before submitting your tender please ensure that you have: (i) Provided for the Lead Consultant a. Practice Details as requested in Part 5 b. Project Summary Sheets c. Details of the experience and expertise as requested within Part 6 Provided for the Project Team a. Proposed Team Structure b. Project Summary Sheets for each discipline c. Details of relevant experience and expertise for each discipline as requested within the relevant sections of Part 6 Provided for the project a. Detailed methodology b. Detailed project programme Fee proposal as requested in Part 7 Signed declarations as requested in Part 9 Enclosed this document in its entirety (ii) (iii) (iv) (v) (vi) To whom the tenders should be addressed: Tender for ‘Specialist Consultancy Services – Brooke Park Regeneration’’ Mrs V Watts Town Clerk & Chief Executive Derry City Council Council Offices 98 Strand Road Derry BT48 7NN So as to arrive no later than 12.00 noon on 11 December 2009 58 ____________________________________________________________________ Appendix 59

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