FORM FOR SUBMISSION OF BID - הרשות לפיתוח ירושלים...• To the extent the...

27
35 TENDER NO. 5/20 Document B Form for submission of bid FORM FOR SUBMISSION OF BID Jerusalem Development Authority re : Tender No. 5/20 - Pre-qualification (P.Q.) process For selection of promoter to design, build, operate, maintain and deliver a cable car funicular for the Old City of Jerusalem We the undersigned, after having carefully read the Invitation to submit bids for participation in the pre-qualification stage, together with all the appendices thereto, in the scope of a Tender for the selection of developer to erect, operate, maintain and deliver cable car funicular for the Old City of Jerusalem hereby declare: 1. We hereby declare that we have read and understood everything stated in the Tender documents including all the particulars thereof, without exception, and that we have carried out all the requisite and/or the necessary examinations for submitting this bid of ours, and that we have examined all the other factors which affect the expenses of the Project and that we based our bid in accordance therewith. In this bid of ours we did not rely on representations, publications, statements or any promises that were made verbally by the Jerusalem Development Authority (hereinafter: "the Customer") and/or its employees and/or anyone on its behalf, but only on what is stated in the Tender documents. We hereby further declare that we agree to everything stated in the Tender documents, without any qualification or change, and that we will not make any claims or demands that are based on allegations of misunderstanding or any lack of knowledge of the invitation documents, and we hereby waive such allegations and arguments in advance. 2. We declare that we possess the knowhow, the expertise and the experience required for performing the works and the Project which are the subject of this Tender. 3. We declare that we hold all the permits, approvals, authorizations and the licenses required according to any law for the performance of all the obligations of the winner in the Tender. 4. We declare that we and everyone acting on our behalf meet all the conditions demanded from the participants in the Tender, and that this bid of ours answers all the requirements in the Tender documents. 5. By our signing the Tender documents, we declare that all the facts and the representations which have been given by us during the course of the Tender, are correct and accurate, including at the date of submission of the bid, and will remain that way at any future time and form an integral part of our bid. We declare that we are aware that the above declaration serves as the basis for the Customer's agreement to our participation in the Tender and that the Customer reserves the right to check and

Transcript of FORM FOR SUBMISSION OF BID - הרשות לפיתוח ירושלים...• To the extent the...

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TENDER NO. 5/20

Document B

Form for submission of bid

FORM FOR SUBMISSION OF BID

Jerusalem Development Authority

re : Tender No. 5/20 - Pre-qualification (P.Q.) process

For selection of promoter to design, build, operate, maintain and deliver a cable car

funicular for the Old City of Jerusalem

We the undersigned, after having carefully read the Invitation to submit bids for

participation in the pre-qualification stage, together with all the appendices thereto, in

the scope of a Tender for the selection of developer to erect, operate, maintain and

deliver cable car funicular for the Old City of Jerusalem hereby declare:

1. We hereby declare that we have read and understood everything stated in the Tender

documents including all the particulars thereof, without exception, and that we have carried

out all the requisite and/or the necessary examinations for submitting this bid of ours, and

that we have examined all the other factors which affect the expenses of the Project and that

we based our bid in accordance therewith. In this bid of ours we did not rely on

representations, publications, statements or any promises that were made verbally by the

Jerusalem Development Authority (hereinafter: "the Customer") and/or its employees

and/or anyone on its behalf, but only on what is stated in the Tender documents. We hereby

further declare that we agree to everything stated in the Tender documents, without any

qualification or change, and that we will not make any claims or demands that are based on

allegations of misunderstanding or any lack of knowledge of the invitation documents, and

we hereby waive such allegations and arguments in advance.

2. We declare that we possess the knowhow, the expertise and the experience required for

performing the works and the Project which are the subject of this Tender.

3. We declare that we hold all the permits, approvals, authorizations and the licenses

required according to any law for the performance of all the obligations of the winner in

the Tender.

4. We declare that we and everyone acting on our behalf meet all the conditions demanded

from the participants in the Tender, and that this bid of ours answers all the

requirements in the Tender documents.

5. By our signing the Tender documents, we declare that all the facts and the

representations which have been given by us during the course of the Tender, are

correct and accurate, including at the date of submission of the bid, and will remain that

way at any future time and form an integral part of our bid. We declare that we are

aware that the above declaration serves as the basis for the Customer's agreement to our

participation in the Tender and that the Customer reserves the right to check and

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examine all the above mentioned representations at any time, including during the

Request for Proposals stage and including after notification of the winner. We are aware

that in the event of a non-conformity or defect of any sort, the Customer will be entitled,

in its absolute discretion, to disqualify our bid and/or to hold forfeit the bidder's

guarantee which will be submitted in the submission of bids stage and/or to cancel the

contractual arrangement with us and/or to take any other action, and we will not have

any allegation or argument in this connection.

6. This bid of ours is irrevocable and cannot be cancelled, altered or amended and it will

be valid and will bind us during a period of 120 days from the last date for the lodgment

of bids in the Request for Proposals Stage (the R.F.P. Stage), or up to another time that

will be specified in the scope of the Request for Proposals Stage in the Tender,

whichever is the later, and the Customer will be able to accept it at any time prior to the

end of such period. The force and validity of this bid of ours will be extended, even

beyond the abovementioned period, upon the Customer's request. Nothing in the

foregoing shall oblige a participant who submits a bid in the Pre-Qualification Stage to

submit a bid in the framework of the Request for Proposals Stage in the Tender.

7. We are aware that the Customer is entitled, in its sole and absolute discretion, to cancel the

Tender proceedings at any time, and explicitly including after lodgment of the bids in the

Pre-Qualification Process, and in the Request for Proposals Stage (R.F.P.) in the Tender,

and until such time as a contractual agreement has been signed with any of the bidders in

the Tender, and we waive any argument or allegation with regard to the Customer's

discretion and/or expenses that may be incurred by us as a consequence thereof.

8. We declare that this bid of ours is being submitted in good faith and without agreement

or connection with other persons or bodies who are submitting bids in the Tender,

subject to the provisions of the Invitation document.

9. We declare that the Bidder, including partners in a Joint Venture and shareholders in an

SPC corporation, and every officer and interested party in them, are not "a resident" or

"a citizen" in a country or state that does not maintain diplomatic relations with the

State of Israel.

10. We declare that our bid comes within the scope of the objects and the powers and

authorities specified in the documents of incorporation of the corporation in whose

name the bid is submitted, that we are entitled to sign this bid in the name of the

corporation and that there is no bar or impediment according to any law or agreement to

our signing this bid.

11. We are aware that in the scope of the Request for Proposals Stage in the Tender

(R.F.P.), the Customer will be entitled to alter and/or update and/or add conditions and

provisions, and we waive any argument or allegation pertaining to each of the actions

and alterations the Customer may make, including expressly a plea of reliance.

12. If the Bidder is a joint venture: by our signing below, we agree to all the conditions and

provisions of the Tender documents and the agreement, and it has been explained to us

that are obligations are joint and several by mutual guarantee. We hereby expressly

waive any argument and/or reservation of any sort likely to arise from the fact of the

bidder being a joint venture, and any action the Customer may take in accordance with

the provisions of the Tender documents and the contractual agreement that will be

signed with the winner of the Tender, including foreclosure on guarantees of the bidder

at the submission of bids stage and in general).

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13. We are attaching to our bid the following documents and certificates, signed and

complete as required in each document (the documents that have been submitted can be

marked with a √):

Name of Document √ / X

Affidavit for proving Compliance with Threshold Conditions specified in

Paragraph 24 of the Invitation – Document C.

Manufacturer's confirmation for proving compliance with the threshold

conditions specified in Paragraph 25 of the Invitation – Document D;

Written corroboration from customers for works from the manufacturer

regarding completion of each of the projects that were presented as proof of

compliance with the threshold conditions and regarding the commercial

operation of the project (Paragraph 25.2 of the Invitation).

Auditor's Certification regarding Turnover, Equity Capital and Cash Flow

(Paragraphs 26-30 above) – Document E.

• If the bid is submitted by a joint venture, this document must be submitted

separately in respect of each partner.

• If the bid is submitted by an SPC corporation, this document must be

submitted separately in respect of each shareholder.

• To the extent the fulfillment of this threshold condition is proved by

means of a parent company – this document shall be submitted separately

with respect to the parent company as well.

Auditor's certificate regarding solvency (Paragraph 31 of the Invitation) –

Document F.

• This document must be submitted separately in respect of the Bidder,

every partner in a joint venture, and all the shareholders in an SPC

corporation.

• To the extent these financial threshold conditions are proved by means of

a parent company- this certificate must be submitted with respect to the

parent company as well.

Form of Undertaking of Parent Company – Document G;

Must be submitted only if compliance with the financial threshold conditions

is through the parent company.

Declaration of Partners in Joint Venture – Document H;

This document shall be submitted separately in respect of each partner, only if

the bid is submitted by a joint venture.

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Affidavit regarding Employment of Foreign Workers, Payment of Minimum

Wage and Abiding by the Equal Rights for Persons with Disabilities Law –

Document I;

• If the bid is submitted by a joint venture: this document must be submitted

separately in respect of each partner.

• A foreign company is exempt from filing this document.

Confirmation of Rights of Signature in Body Corporate – Document J;

• If the bid is submitted by a joint venture, this document must be submitted

separately in respect of each partner.

Written proof in respect of payment of participation fee in the Tender.

Valid certificate with regard to Keeping of Books, in accordance with the

requirements of Section 2 of the Public Bodies (Transactions) Law

(Enforcement of Bookkeeping and Payment of Tax), 5736-1976.

• If the bid is submitted by a joint venture, this document must be submitted

separately in respect of each partner.

• A foreign company is exempt from filing this document.

Valid Certificate of Registration from the Registrar of Building Contractors

under Classification 100-C5 in the name of the entity through whom the

threshold condition specified in Paragraph 24.1 of the Invitation is proved.

Audited Financial Statements of the Bidder for the Reporting Years as same

are defined in the Invitation.

• If the bid is submitted by a joint venture – financial statements of all the

partners must be submitted.

• If the bid is submitted by an SPC corporation – financial statements of all

the shareholders must be submitted.

• If compliance with the financial threshold conditions is proved through a

parent company – financial statements of the parent company must also

be submitted.

An updated company extract from the Registrar of Corporations in respect of

the Bidder, all the partners in a joint venture, all the shareholders in an SPC

corporation, and of a parent company/ subsidiary (if compliance with any

conditions is proved through them).

• A foreign company shall file an original copy through the official

corporations authority in that country, or such copy certified by an

advocate as being a true copy corresponding to the original.

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It is possible to attach additional documents to the bid in accordance with

Paragraph 36 of the Invitation (including by way of reference to an Internet

website on which the information can be found) in a separate volume which

shall be prominently marked at the beginning thereof as "optional

documents".

Documents of clarification and notices to Bidders (if same were published),

where these are signed, at the places designated for the purpose, by the

authorized signatories who have been empowered by the Bidder.

13. Wherever in the Tender documents words appear in the "plural", this also includes the

"singular", and vice versa.

Signature and rubber stamp of Bidder: _________________ Date: __________

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TENDER NO. 5/20

Document C

Affidavit for proof of fulfillment of

threshold conditions (Paragraph 24

of the Invitation)

AFFIDAVIT FOR PROVING COMPLIANCE WITH

THRESHOLD CONDITIONS (PARAGRAPH 24 OF THE

INVITATION)

[This affidavit must be completed by the Bidder or a partner in a joint venture who holds at

least 25% of the holdings in the joint venture or a shareholder who holds at least 25% of the

shares in an SPC corporation, or a parent company or a subsidiary of one of the

abovementioned entities]

I, the undersigned ________________, bearer of I.D. No., after having been duly warned that

I am obliged to state the truth and that I will be liable to the penalties prescribed by law if I

fail to do so, hereby declare as follows:

1. I am an authorized signatory in _________________, Co. No. _________ (hereinafter:

"the Contractor") and I am empowered to make this affidavit as part of its bid / the

bid of __________________ [* the particulars of the Bidder must be filled in if the

Contractor is not the Bidder] in the scope of Tender No. 5/20.

2. Particulars of the Contractor

2.1 Date of incorporation: _____________________________________________

2.2 Names of owners: ________________________________________________

2.3 Name of general manager: __________________________________________

2.4 Contractor's address: _______________________________________________

2.5 Name of contact person at the Contractor: ______________________________

2.6 Position / function of contact person ___________________________________

2.7 Telephone: ________________________ ______________________________

2.8 Facsimile number: _________________________________________________

2.9 e-mail address: ____________________________________________________

2.10 Contractor's number in Register of Building Contractors: ___________________

2.11 Details of Contractor's classification: ___________________________________

3. The Contractor's experience in erecting a project/s (Paragraph 24.2.1 of the

Invitation and/or Paragraph 24.2.2 of the Invitation): [* at least one alternative must be

completed in full]

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3.1 Alternative A: Paragraph 24.2.1 of the Invitation (3 projects to a scale of at

least NIS 80 million each)

I certify that in the period commencing January 1, 2015, the Contractor

completed, as prime contractor, the construction of 3 projects in the State of

Israel, which comply with all of the following requirements:

3.1.1 The monetary scale of each of the projects was at least NIS 80,000,000

(excluding V.A.T.).

3.1.2 At least one project was executed in a built-up area.

3.1.3 At least one project included the execution of a building/s that is/are not

zoned for residential use.

3.1.4 At least one project was for execution of transportation infrastructure.

As described below:

Project No. 1

1. Name of project

2. Name of customer for

the project

3.

Details of contact

person at the customer

Name: ___________________________

Position: ___________________________

Telephone: ___________________________

e-mail: ___________________________

4. Place of performance

5. Date of completion Month: _______________ Year _____

6. Monetary scale of the

project (excluding

V.A.T.)

NIS ______________________

The Contractor served

as prime contractor in

the project

Yes / No (Circle relevant answer) 7.

8. The project is:

(the appropriate

alternative/s must be

marked and details

given in Item 9 below)

Includes construction of building/s not zoned for

residential purposes

For execution of transportation infrastructures

Carried out in a built-up area

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9.

Description of project

and the works that were

performed

______________________________________________

______________________________________________

______________________________________________

______________________________________________

______________________________________________

Project No. 2

1. Name of project

2. Name of customer for

the project

3.

Details of contact

person at the customer

Name: ___________________________

Position: ___________________________

Telephone: ___________________________

e-mail: ___________________________

4. Place of performance

5. Date of completion Month: _______________ Year _____

6. Monetary extent of the

project (excluding

V.A.T.)

NIS ______________________

The Contractor served

as prime contractor in

the project

Yes / No (Circle relevant answer) 7.

8. The project is:

(the appropriate

alternative/s must be

marked and details

given in Item 9 below)

Includes construction of building/s not zoned for

residential purposes

For execution of transportation infrastructures

Carried out in a built-up area

9.

Description of project

and the works that were

performed

______________________________________________

______________________________________________

______________________________________________

______________________________________________

______________________________________________

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Project No. 3

1. Name of project

2. Name of customer for

the project

3.

Details of contact

person at the customer

Name: ___________________________

Position: ___________________________

Telephone: ___________________________

e-mail: ___________________________

4. Place of performance

5. Date of completion Month: _______________ Year _____

6. Monetary extent of the

project (excluding

V.A.T.)

NIS ______________________

The Contractor served

as prime contractor in

the project

Yes / No (Circle relevant answer) 7.

8. The project is:

(the appropriate

alternative/s must be

marked and details

given in Item 9 below)

Includes construction of building/s not for

residential zoning

For execution of transportation infrastructures

Carried out in a built-up area

9.

Description of project

and the works that were

performed

______________________________________________

______________________________________________

______________________________________________

______________________________________________

______________________________________________

* For purposes of proving compliance with the threshold conditions, it is possible to

mention additional projects on extra pages in an identical format.

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3.2 Alternative B : Paragraph 23.2.2 of the Invitation (Project to an extent of at least

NIS 240 million)

I certify that in the period commencing January 1, 2015, the Contractor completed, as

prime contractor, the construction of at least one project in the State of Israel, which

meets all the following requirements: the monetary scale of the project was at least NIS

240,000,000 (excluding V.A.T.); the project was executed in a built-up area; the project

included the execution of construction a building/s which is/are not zoned for residential

purposes; the project included the execution of transportation infrastructure; as follows.

1. Name of project

2. Name of customer for

the project

3.

Details of contact

person at the customer

Name: ___________________________

Position: ___________________________

Telephone: ___________________________

e-mail: ___________________________

4. Place of performance

5. Date of completion Month: _______________ Year _____

6. Monetary extent of the

project (excluding

V.A.T.)

NIS ______________________

The Contractor served

as prime contractor in

the project

Yes / No (Circle relevant answer) 7.

8. The project is:

(the appropriate

alternative/s must be

marked and details

given in Item 9 below)

Includes construction of building/s not for

residential zoning

For execution of transportation infrastructures

Carried out in a built-up area

9.

Description of Project

and the works that were

performed

______________________________________________

______________________________________________

______________________________________________

______________________________________________

______________________________________________

* For purposes of proving compliance with the threshold conditions, it is possible to mention

additional projects on extra pages in an identical format.

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Date Full name of Declarant Declarant 's signature

Certification

I the undersigned _______________ Adv. (Lic. No. _____), certify that on __________ there

appeared before me Mr./Ms. ______________ who identified himself/herself by way of

Identity Card No. _________ / who is personally known to me, and signed this affidavit and

after I had cautioned him/her that he/she was obliged to state the truth, and that he/she would

be liable to the penalties prescribed by law if he/she failed to do so, he/she confirmed the

correctness of his/her declaration and signed same before me.

Date Full name of Advocate Signature and rubber stamp

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TENDER NO. 5/20

Document D

Confirmation of manufacturer on

behalf of the Bidder

CONFIRMATION OF MANUFACTURER FOR PROVING

COMPLIANCE WITH THRESHOLD CONDITIONS

(PARAGRAPH 25 OF THE INVITATION)

[To be submitted under the signature of the Manufacturer through whom compliance with

the threshold condition specified in Paragraph 25 of the Invitation is proved]

I the undersigned _____________________, bearer of Certificate No. _____________ which

was issued in _____________ country, an authorized signatory on behalf of ______________

company Identification No. ____________, which is registered in _____________ country

(hereinafter: "the Manufacturer"), hereby declare as follows:

1. I am an authorized signatory on behalf of the Manufacturer and am empowered and

authorized to make undertakings in its name on all aspects connected with Tender 5/20

for the construction, operation, maintenance and delivery of a cable car for the Old City

of Jerusalem (hereinafter: "the Tender").

2. I declare that the Manufacturer is [the appropriate alternative must be circled and

completed]:

2.1 The Bidder;

2.2 A partner in a joint venture;

2.3 A shareholder in an SPC corporation;

2.4 The parent company of _____________________ [mention must be made of the

identity of the body amongst the entities referred to in Paragraphs 2.1 – 2.3

above].

2.5 A subsidiary of _____________________ [mention must be made of the identity

of the body amongst the entities referred to in Paragraphs 2.1 – 2.3 above].

2.6 A sub-contractor of the Bidder.

3. In the period commencing on January 1, 2005, the Manufacturer completed the

construction of 3 projects of cable car systems which comply with all of the following

conditions:

3.1 At least one of the projects is of the DMG type, as defined in Paragraph 16.5 of

the Invitation.

3.2 The aggregate scale and extent of each of the projects was more than NIS

50,000,000 (excluding V.A.T.).

3.3 In each of the projects the maximum passenger capacity per hour in each direction

is more than 2,000 passengers.

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Project No. 1

1. Name of the project

2. Name of customer for

the project

3.

Details of contact

person at customer /

party who

recommended customer

Name: ___________________________

Position: ___________________________

Telephone: ___________________________

e-mail: ___________________________

4. Place of performance

5. Date of completion Month: _______________ Year _____

Description of the

project

_______________________________________________

_______________________________________________

_______________________________________________

6. _______________________________________________

_______________________________________________

_______________________________________________

_______________________________________________

Monetary extent of

erecting the project

NIS ______________________ 7.

8. The project was

executed by the DMG

method

Yes / No (Circle relevant answer)

9.

Maximum passenger

capacity per hour in

each direction

______ passengers per hour in a direction

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Project No. 2

1. Name of the project

2. Name of customer for

the project

3.

Details of contact

person at customer /

party who

recommended customer

Name: ___________________________

Position: ___________________________

Telephone: ___________________________

e-mail: ___________________________

4. Place of performance

5. Date of completion Month: _______________ Year _____

Description of the

project

_______________________________________________

_______________________________________________

_______________________________________________

6. _______________________________________________

_______________________________________________

_______________________________________________

_______________________________________________

Monetary extent of

erecting the project

NIS ______________________ 7.

8. The project was

executed by the DMG

method

Yes / No (Circle relevant answer)

9.

Maximum passenger

capacity per hour in

each direction

______ passengers per hour in a direction

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Project No. 3

1. Name of the project

2. Name of customer for

the project

3.

Details of contact

person at customer /

party who

recommended customer

Name: ___________________________

Position: ___________________________

Telephone: ___________________________

e-mail: ___________________________

4. Place of performance

5. Date of completion Month: _______________ Year _____

Description of the

project

_______________________________________________

_______________________________________________

_______________________________________________

6. _______________________________________________

_______________________________________________

_______________________________________________

_______________________________________________

Monetary extent of

erecting the project

NIS ______________________ 7.

8. The project was

executed by the DMG

method

Yes / No (Circle relevant answer)

9.

Maximum passenger

capacity per hour in

each direction

______ passengers per hour in a direction

• It is necessary to attach written confirmation from the customers who requisitioned the

works from the Manufacturer regarding completion of all the projects and that the

projects have become commercially operative.

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4. I declare that the name above is my name, the signature below is my signature and

that the contents of my affidavit are the truth.

Date Full name of Signatory Signature and rubber

stamp of Manufacturer

Attestation

I the undersigned _____________, Adv. (License No. ______), hereby certify that on

_________ there appeared before me ay my office at the address _____________________

Mr./Ms. ______________ who identified himself/herself by Identity Card No. _________ /

who is personally known to me and signed this affidavit and after I had cautioned him/her that

he/she was obliged to state the truth and that he/she would be liable to the penalties prescribed

by law if he/she failed to do so, he/she confirmed the correctness of his/her above declaration

and signed it before me. I further certify that the signatory is authorized, by his signature, to

bind the Manufacturer with respect to the obligations set forth above in accordance with

Manufacturer's articles of association and bylaws and according to any law.

Date Full name of Advocate Signature and rubber stamp

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TENDER NO. 5/20

Document E

Auditor's certification regarding

turnover, equity capital and cash

flow

AUDITOR'S CERTIFICATION REGARDING TURNOVER,

EQUITY CAPITAL AND CASH FLOW

(PARAGRAPHS 26-30 OF THE INVITATION)

[If the bid is submitted by a joint venture, this document must be submitted separately in

respect of each partner. If the bid is submitted by an SPC corporation, this document must be

submitted separately in respect of each shareholder; to the extent these financial threshold

conditions are proved by means of a parent company – this certificate must be submitted with

respect to the parent company as well]

As requested by you and as the auditor/s of ________________________ (hereinafter: "the

Body Corporate"), we hereby report in accordance with the Body Corporate's audited

financial statements, as follows:

• Clarification: Care must be taken to fill in the full data that is required in relation

to the reporting years by means of which compliance with the financial threshold

conditions is proved (2016-2018, or 2017-2019), in accordance with the provisions

of the Invitation.

1. Equity capital

The Body Corporate has equity capital as set forth below:

Date Equity capital

December 31, 2016 NIS _________________

December 31, 2017 NIS _________________

December 31, 2018 NIS _________________

December 31, 2019 NIS _________________

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2. Turnover

The Body Corporate had an annual turnover from current operations (excluding

revenues from the sale of real estate and excluding V.A.T.) as follows:

Date Turnover

2016 NIS _________________

2017 NIS _________________

2018 NIS _________________

2019 NIS _________________

3. Cash flow

The Body Corporate had a cash flow from current operations as follows:

Date Equity capital Positive / Negative

2016 NIS _________________

2017 NIS _________________

2018 NIS _________________

2019 NIS _________________

4. The Body Corporate's audited financial statements do not contain any qualification

and/or note drawing attention to any item and/or any deviation from the uniform text or

wording which could have the effect of derogating from the foregoing.

Date Full name of Auditor/s Signature and rubber stamp

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53

TENDER NO. 5/20

Document F

Auditor's certification regarding

solvency (Paragraph 31 of the

Invitation)

AUDITOR'S CERTIFICATE REGARDING SOLVENCY

(PARAGRAPH 31 OF THE INVITATION)

[This document must be submitted separately in respect of the Bidder, every partner in a joint

venture, and all the shareholders in the SPC corporation; to the extent these financial

threshold conditions are proved by means of a parent company – this certificate must be

submitted with respect to the parent company as well]

Jerusalem Development Authority

RE: CERTIFICATE REGARDING SOLVENCY

As auditors of ___________________________ I.D. No. / Co. No. / Amuta No. __________

(hereinafter: "the Body Corporate"), we hereby confirm that at the date of lodgment of the

Body Corporate's bid in Tender 5/20 for the selection of a promoter for the construction,

operation, maintenance and delivery of a cable car for the Old City of Jerusalem, the Body

Corporate is not a client limited in resources, and is not in (and no application has been filed

with respect to it) receivership / liquidation / stay of proceedings / arrangement with creditors

/ going concern warning.

Date Full name of Auditor/s Signature and rubber stamp

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54

TENDER NO. 5/20

Document G

Form of undertaking of

parent company

FORM OF UNDERTAKING OF PARENT COMPANY

[To be submitted only if compliance with the financial threshold conditions is through the

parent company]

We, the undersigned, _____________________________, Co. No. / Publ. Co. ____________

[* details of the parent company must be filled in] (hereinafter: "the Company"), which is

the parent company of ______________________ [* details of the Bidder must be filled in]

(hereinafter: "the Bidder"), hereby irrevocably declare and undertake as follows:

1. We declare that the Company holds control in the Bidder.

"Control" – as the term is defined in the Securities Law, 5728-1968.

2. We hereby unconditionally undertake to abide by all the Bidder's financial and other

obligations pursuant to the Tender documents, if the Bidder is declared the winner of

the Tender.

3. We are aware that this undertaking of ours is being made independently to the

Jerusalem Development Authority and to the Bidder, each one separately and not as a

guarantee. The exceptions, the defenses and the rights conferred on a guarantor under

the Guarantee Law, 5728-1968 and in any law, shall not apply to this undertaking of

ours.

4. We declare that this is our name, this is our signature, that we are authorized to sign in

the name of the Company and the particulars we have filled in on this form are correct

and accurate.

5. Our address in Israel for the service of court processes is : _______________________.

It is obligatory to attach the following documents for the Company and for the Bidder (each

separately:

a. Financial statements for the reporting year.

b. Auditor's certificate regarding turnover, equity capital and cash flow in the text of

(Document E).

c. Auditor's certificate regarding solvency (Document F).

d. Updated extract of registration from the Corporations Authority.

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Date Full name of Signatory on

behalf of the Company

Company's signature and

rubber stamp

Certification

I the undersigned _______________, Adv. (License No. ______), certify that on __________

there appeared before me ay my office at the address _____________________ Mr./Ms.

______________ who identified himself/herself by Identity Card No. _________ / who is

personally known to me and signed this affidavit and after I had cautioned him/her that he/she

was obliged to state the truth and that he/she would be liable to the penalties prescribed by

law if he/she failed to do so, he/she confirmed the correctness of his/her above declaration and

signed it before me. I further confirm that the signatory is authorized to bind the company

with respect to its aforementioned undertakings.

Date Full name of Advocate Signature and rubber stamp

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TENDER NO. 5/20

Document H

Auditor's certification regarding

turnover, equity capital and cash

flow

DECLARATION OF PARTNERS IN JOINT VENTURE

[* This document shall be submitted separately in respect of each partner, only if the bid is

submitted by a joint venture]

I, the undersigned ________________, bearer of I.D. No. _________, an authorized signatory

on behalf of ________________________ (hereinafter: "the Partner"), which is a partner in

a joint venture (hereinafter: "the Bidder"), after having been duly warned that I am obliged

to state the truth and that I will be liable to the penalties prescribed by law if I fail to do so,

hereby declare in writing as follows:

1. I am a partner in the Bidder in the scope of the submission of a bid in Tender No. 5/20.

2. My percentage holdings as a partner in the rights, obligations and income of the Bidder

amount to ___ per cent [* the extent of the percentage must be filled in].

3. If the Bidder wins the Tender, I undertake to fulfill the obligations that are the subject of

the Tender jointly and severally with the remaining partners in the Bidder.

4. I declare that the name above is my name, the signature below is my signature and

that the contents of my affidavit are the truth.

Date Full name of person signing

on behalf of the Partner

Signature and rubber

stamp of the Partner

Attestation

I the undersigned _______________, Adv. (License No. ______), certify that on __________

there appeared before me ay my office at the address _____________________ Mr./Ms.

______________ who identified himself/herself by Identity Card No. _________ / who is

personally known to me and signed this affidavit and after I had cautioned him/her that he/she

was obliged to state the truth and that he/she would be liable to the penalties prescribed by

law if he/she failed to do so, he/she confirmed the correctness of his/her above declaration and

signed it before me.

Date Full name of Advocate Signature and rubber stamp

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TENDER NO. 5/20

Document I

Affidavit regarding employment of

foreign workers, payment of

minimum wage and abiding by the

Equal Rights for Persons with

Disabilities Law

AFFIDAVIT REGARDING EMPLOYMENT OF FOREIGN

WORKERS, PAYMENT OF MINIMUM WAGE AND ABIDING

BY THE EQUAL RIGHTS FOR PERSONS WITH DISABILITIES

LAW

[* If the bid is submitted by a joint venture, this document must be submitted separately in

respect of each partner. A foreign company is exempt from filing this document]

I, the undersigned ________________, bearer of I.D. No., an authorized signatory on behalf

of ________________________ (hereinafter: "the Bidder"), after having been duly warned

that I am obliged to state the truth and that I will be liable to the penalties prescribed by law if

I fail to do so, hereby declare in writing as follows:

1. I make this affidavit in the name and on behalf of the Bidder in connection with Tender

5/20 and am duly authorized to make this affidavit in its name.

2. In this affidavit of mine the meaning of the term "affiliate" shall be according to the

definition thereof in the Public Bodies (Transactions) Law, 5736-1976 (hereinafter: "the

Public Bodies Transactions Law"). I confirm that the meaning of this term has been

explained to me and that I understand it.

3. The meaning of the term "offense" shall be – offense according to the Foreign Workers

(Prohibition of Unlawful Employments and Assurance of Fair Conditions) Law, 5751-

1991 or according to the Minimum Wage Law, 5747-1987.

4. I hereby declare that one of the following is fulfilled with respect to the Bidder:

a. The Bidder and an affiliate of the Bidder has/have not been convicted of more

than two criminal offenses up to the last date for the submission of bids in the

Tender.

b. If the Bidder and an affiliate of the Bidder have been convicted of more than two

criminal offenses, more than at least one year elapsed from the date of the last

conviction and up to the last date for the submission of bids in the Tender.

5. I hereby declare that one of the following is fulfilled with respect to the Bidder:

a. The Bidder complies with the provisions of Section 9 of the Equal Rights for

Persons with Disabilities Law, 5758-1998.

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b. The provisions of Section 9 of the Equal Rights for Persons with Disabilities Law,

5758-1998 do not apply to the Bidder.

6. This is my name, the signature below is my signature and that the contents of my above

affidavit are the truth.

Date

Name of declarant

Declarant's signature

Attestation

I the undersigned _____________ Adv. (License No. _____), hereby certify that on _______

there appeared before me at my office at ___________ Street, Mr./Ms. ______________ who

identified himself/herself by way of Identity Card No. _________ / who is personally known

to me, and signed this affidavit, and after I had cautioned him/her that he/she was obliged to

state the truth and that he/she would be liable to the penalties prescribed by law if he/she

failed to do so, confirmed the correctness of his/her declaration and signed same before me.

Date Full name of Advocate Signature and rubber stamp

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59

TENDER NO. 5/20

Document J

Confirmation of Rights of Signature

in Corporation

CONFIRMATION OF RIGHTS OF SIGNATURE IN

CORPORATION

[* If the bid is submitted by a joint venture, this document must be submitted separately in

respect of each partner]

re: Rights of Signature in a Body Corporate – Certification of Signatures on

Tender No. 5/20 documents for the selection of a promoter to build, operate,

maintain and deliver a cable car for the Old City of Jerusalem

I the undersigned Advocate / Accountant of ____________________ (hereinafter: "the Body

Corporate") hereby certify as follows:

1. The names of the persons authorized to sign and make undertakings in the name of the

Body Corporate, in all respects and for all intents and purposes, are:

1.1 Name: _________________________ I.D. ________________

1.2 Name: _________________________ I.D. ________________

[It is possible to add if necessary]

2. If the signing rights in the Body Corporate differ from what is stated in Paragraph

2.1, it is necessary to complete Paragraph 2.2:

2.1 The signature of each of the persons mentioned in Paragraph 1 above individually,

together with the seal or rubber stamp of the Body Corporate, shall bind the Body

Corporate in all respects and for all intents and purposes.

2.2 Other: ___________________________________________________________

3. I hereby certify that the signatures on the documents of the Tender and of the Invitation

were signed in accordance with the Articles and Bylaws of the Body Corporate and with

the matters stated above and they bind the Body Corporate in all respects and for all

intents and purposes.

Date Full name of Adv. / C.P.A. Signature and rubber stamp

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60

TENDER NO. 5/20

Document K

NIP 86 Regulations and

The plan drawing

NIP 86 REGULATIONS AND THE PLAN DRAWING

[* Attached as a file on the Customer's website ]

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TENDER NO. 5/20

Document L

Design documents

made by Customer

DESIGN DOCUMENTS PREPARED BY THE CUSTOMER

WHICH CONSTITUTEFORM PART OF NIP 86

[* Attached Files on the Customer's website]