TENDER DOCUMENT - Microsoft

TENDER 288P/2015/16

1

CLIFTON TENDER DOCUMENT - 2016 - v14 (3) - Final document

TENDER DOCUMENT FOR THE PURCHASE OF IMMOVABLE PROPERTY

SUPPLY CHAIN MANAGEMENT

SCM-542d Approved: 2012-05-21 by Legal Services Department for Property tenders Version: 4.1 FF of 62

TENDER 288P/2015/16:

PURCHASE AND LEASE OF ERF 468 CLIFTON, A PORTION OF REMAINDER ERF 148 CLIFTON, PORTIONS OF REMAINDER ERF 345 CLIFTON, AND A PORTION OF REMAINDER ERF 4 CAMPS BAY, FOR THE REDEVELOPMENT OF SPORTS AND RECREATION FACILITIES, THE DEVELOPMENT OF RESIDENTIAL OPPORTUNITIES, A PARKING GARAGE, RETAIL FACILITIES, AND USES ANCILLARY TO THESE FACILITIES

TENDER SERIAL NO.:

CLOSING DATE: 13 June 2016 SIGNATURES OF CITY OFFICIALS AT TENDER OPENING

CLOSING TIME: 10:00 a.m. 1

2

TENDER BOX NUMBER: 196 3

TENDER FEE: R1000

Non-refundable tender fee payable to City of Cape Town (CCT) for a hard copy of the tender document. This fee is not

applicable to website downloads of the tender document (these are free of charge). Although the tender document is free

on download, the applicable CD must be collected at the Tender office at the applicable fee of R1000.

IMPORTANT NOTICES TO TENDERERS:

a) Tenders must be properly received and deposited in the abovementioned tender box on or before the closing date

and before the closing time at the Tender Submission Office situated at the 2nd floor, Concourse Level, Civic Centre,

12 Hertzog Boulevard, Cape Town.

b) No late tenders submitted after the closing time of the tender will be accepted under any circumstances.

c) Tender offers must be submitted in a sealed envelope clearly reflecting the tender number and tender description as

indicated above.

d) No electronic tenders or tenders via post, facsimile (fax) or telegram will be accepted.

e) Only original tenders will be accepted. No copies will be accepted.

f) For this tender to be valid on the closing date, the Form of Offer (page 7) must be completed and signed by the

tenderer, and the tender price/s must be inserted on page 11.

g) DO NOT DISMEMBER THIS TENDER DOCUMENT (DO NOT TAKE IT APART, OMIT PAGES, CHANGE

WORDING OR PUT DOCUMENTS BETWEEN ITS PAGES). ALL OTHER DOCUMENTS MUST BE ATTACHED

AT THE END OF THIS DOCUMENT TO SCHEDULE 10 (SEE INDEX ON PAGE 2).

h) A non-compulsory but highly recommended briefing session will take place at 14:00 on 6 April 2016. It is

strongly recommended that Tenderers attend this briefing session due to issues related to the proposed

development. Only bona fide tenderers will be admitted to the meeting on presentation. For further details, contact

Neil Eybers at [email protected]

TENDERER

NAME of Company / Close Corporation or Partnership / Consortium / Joint Venture or Sole Proprietor / Individual

TRADING AS (if different from above)

mailto:[email protected]

TENDER 288P/2015/16

2


INDEX

Part Description Page

Notice to Tenderers 3-4

1 Details of Tenderer 5-6

2 Contract Form – Form of Offer 7-8

3 Price Schedule 9-12

4 Specifications and Development Conditions 13-27

5 Conditions of Tender 28-34

6 Evaluation Criteria 35-39

CONDITIONS OF CONTRACT

7 Special Conditions of Contract for the Sale of City-Owned Immovable Property 40-41

8 General Conditions of Contract for the Sale of City-Owned Immovable Property 42-46

SUPPORTING SCHEDULES, INCLUDING DECLARATIONS AND CERTIFICATIONS

1 Resolution by Directors / Members / Trustees / Office Bearers 47

2 Certificate of Authority for Partnership / Consortium / Joint Venture 48-49

3 Declaration for Transaction Value Exceeding R10 million 50-51

4 Declaration of Interest – State Employees (MBD 4) 52-54

5 Declaration - Conflict of Interest Declaration 55

6 Declaration of Tenderer’s Past Supply Chain Management Practices (MBD 8) 56-57

7 Declaration – Municipal Rates and Service Charges Owed, and Authorisation to Deduct Amounts Due to City of Cape Town

58

8 Certificate of Independent Bid/Tender Determination (MBD 9) 59

9 Organisation’s Current Office Bearers – NGO/NPO/PBO 60-61

10 Record of Tenderer’s Addenda to Tender Document 62

11 CD containing related tender information and maps

TENDER 288P/2015/16

3


NOTICE TO TENDERERS

The Council of the City of Cape Town has in principle approved the sale and lease by public tender of the immovable property detailed in this tender document, and Tenders have been invited in the press for offers to purchase, lease and develop portions of the properties indicated in this tender document.

INVITATION TO TENDER

TENDER NO: 288P/2015/16:

PURCHASE AND LEASE OF ERF 468 CLIFTON, A PORTION OF REMAINDER ERF 148 CLIFTON, PORTIONS OF REMAINDER ERF 345 CLIFTON, AND A PORTION OF REMAINDER ERF 4 CAMPS BAY, FOR THE REDEVELOPMENT OF SPORTS AND RECREATION FACILITIES, THE DEVELOPMENT OF RESIDENTIAL OPPORTUNITIES, A PARKING GARAGE, RETAIL FACILITIES, AND USES ANCILLARY TO THESE FACILITIES

In terms of the provisions of the Municipal Finance Management Act No. 56 of 2003, the Municipal

Asset Transfer Regulations R.878/2008, the City’s Policy on the Management of Certain of the City

of Cape Town`s Immovable Property, 2010, and the City’s Supply Chain Management Policy, 2013,

tenders are hereby invited for the purchase, lease and development of portions of immovable

property (hereafter referred to as “the property”), owned by the City of Cape Town and consisting of

Certain parcels of land being Erf 468 Clifton, a portion of Remainder Erf 148 Clifton, portions of

Remainder Erf 345 Clifton, and portions of Remainder Erf 4 Camps Bay.

The key components (“development opportunities”) that are being made available to tenderers for purchase, lease and development are:

1. Two pockets of single residential developments consisting of 52 residential/bungalow stands;

2. A boutique hotel/serviced apartment site consisting of 3500m2 of bulk;

3. A commercial (restaurants + retail) component consisting of 5000m2 of bulk;

4. A mixed-use (offices/studios/apartments) component of 2250m2 of bulk, forming part of the

commercial/retail area;

5. A structured parking facility consisting of approximately 725 parking bays.

Public Infrastructure Investments

In addition to the above-mentioned development opportunities available for purchase, lease and

development, the successful tenderer (developer) will be required to undertake on behalf of and at

the cost of the City, various public infrastructure investments within the immediate area of and

external to the property. The City at its sole discretion, will utilize a portion of the financial offer to be

received from the sale / lease of the offered development opportunities to finance these public

infrastructure investments.

In addition to the public infrastructure investments, the City will furthermore from the proceeds to be

received from the sale / lease of the above-mentioned land, make a financial contribution towards a

housing fund focussing on the development of near-inner city inclusionary housing opportunities.

The public infrastructure investments are detailed in Section 4 “Specification and development Conditions”, of this tender document.

TENDER 288P/2015/16

4


TENDERERS TO BE AWARE OF THE FOLLOWING: 1. The purchase and lease will be subject to the conditions and procedures detailed in this Tender

Document.

2. The sale and lease agreements for the land parcels will be concluded simultaneously and jointly.

3. Value-added tax (VAT) will be applicable to the transaction.

4. Competitive offers are anticipated at this stage based on the assumption that the tenderer will be

required to successfully undertake any/all statutory processes required in order to secure development

rights in line with the City’s vision for this area.

5. The financial offer will be subject to revision based on bulk rate and % value included in the offer

following a successful land use statutory process including but not limited to all the required statutory

approval processes being successfully concluded at the tenderers cost and risk.

6. The lease will endure for a period not exceeding fifty years

7. The property is subject to availability.

8. The successful tenderer will, at his/her cost, be responsible for the provision of all external/internal

and/or bulk services required in order to execute the development “as may be specified by the

statutory approvals process”.

9. It is the responsibility of prospective tenderers to inspect the site and the buildings thereon prior to

submission of this tender document and to consider consulting their own professional advisors in the

matter of ascertaining for themselves the building and site conditions, traffic, location, surroundings,

availability of power, water and other utilities for construction, access to site, handling and storage of

materials, weather data, applicable laws and regulations, and any other matter considered relevant to

the development of the property. The City shall disclose any known defects on the property and does

not warrant any defects pertaining to the aforementioned facilities.

10. Tenderers are required to submit with this tender a valid Tax Clearance Certificate from their

local SARS office where such tenderer is registered for Income Tax purposes, or within 7 days of

written request.

TENDER 288P/2015/16

5


1 DETAILS OF TENDERER

1.1 Type of Tenderer (Please tick one box)

Individual Sole Proprietor Close Corporation Company

Partnership OR Joint Venture Trust Other: ……….......………..………

1.2 Required Details (Please provide applicable details in full):

FULL NAME of Tenderer

Trading as (if different from above)

Company/Close

Corporation registration number OR Individual’s Identity Number

Tenderer’s Postal address

Postal Code __________

Tenderer’s Physical address (Street Address) of Tenderer

Tenderer’s eMail address

Contact Details of the Person Signing the Tender

Title: ____ ________________________________________________ (Mr/Mrs/Ms) (Name/s and Surname)

Telephone:( ___ ) _________________ Fax:( ___ ) _______________

Cellular Telephone:__________________________________________

e-mail address:______________________________________________

Income Tax number

VAT registration No. (if applicable)

TENDER 288P/2015/16

6


The following must be completed if the Tenderer is an individual or a sole proprietor:

1.3 Marital Status or contractual arrangement (information required in terms of section 17 of the Deeds

Registries Act) (Please tick one box)

Single

Married in Community of

Property*

Married out of Community of Property

Married by Muslim rites

Governed by customary law in terms of the Recognition of Customary Marriages Act, 1998

* Community of Property or any civil union or contractual arrangement with the same effect of shared ownership

Where the marriage concerned is governed by the law of any country other than South Africa, please state by the law of which country:

………………………………………………………… (NAME OF THAT COUNTRY)

The following clauses must be completed if the tenderer is married in Community of Property or in any applicable Civil Union: 1.4 Details of the TENDERER’S SPOUSE/PARTNER:

Full Name

Identity Number

(IF THE TENDERER IS MARRIED IN COMMUNITY OF PROPERTY OR IN CIVIL UNION OR ANY LAW REQUIRING SUCH PERMISSION FROM A SPOUSE/PARTNER(S), THE FOLLOWING PART MUST BE COMPLETED BY THE TENDERER’S SPOUSE/PARTNER TO COMPLY WITH LEGAL REQUIREMENTS)

1.5 CONSENT

I, …………………………………………………………………..............................................….., (PLEASE PRINT FULL NAMES OF THE SPOUSE/PARTNER WHO IS GRANTING CONSENT)

hereby consent to the submission of this Tender by my spouse/partner.

_______________________________________ SIGNATURE OF THE TENDERER’S SPOUSE/PARTNER

DATE:…………………………...….....………………………

WITNESS: _______________________ ..……………………...........………............................………. (SIGNATURE OF WITNESS) (PLEASE PRINT FULL NAMES OF WITNESS)

WITNESS: _______________________ ..……………………...........………............................………. (SIGNATURE OF WITNESS) (PLEASE PRINT FULL NAMES OF WITNESS)

TENDER 288P/2015/16

7


2 CONTRACT FORM

FORM OF OFFER

TENDER NO: 288P/2015/16

PURCHASE AND LEASE OF ERF 468 CLIFTON, A PORTION OF REMAINDER ERF 148 CLIFTON, PORTIONS OF REMAINDER ERF 345 CLIFTON, AND A PORTION OF REMAINDER

ERF 4 CAMPS BAY, FOR THE REDEVELOPMENT OF SPORTS AND RECREATION FACILITIES, THE DEVELOPMENT OF RESIDENTIAL OPPORTUNITIES, A PARKING GARAGE,

RETAIL FACILITIES, AND USES ANCILLARY TO THESE FACILITIES

The CCT has called for tenders for the purchase and lease of City-owned immovable property:

1.1 Type of Tenderer / Firm (Please tick one box)

Individual/Sole Proprietor Close Corporation Company

Partnership or Joint Venture or

Consortium

Trust Other: ……….......………..…………

1.2 Required Details (Please provide applicable details in full):

Name of Company / Close

Corporation or

Partnership / Joint Venture/ Consortium

or

Individual/Sole Proprietor*

(“the tenderer”)

Trading as (if different from above)

Company / Close Corporation / Trust

registration number (if applicable)

AND WHO IS represented herein by: (full names of signatory) _____________________________

duly authorised to act on behalf of the tenderer in his capacity as: (title/ designation) _____________________

HEREBY MAKES AN OFFER to the City of Cape Town by signing the Form of Offer and declares that :

1. The Tenderer has examined the documents listed in the Index (including Supporting Schedules and Annexures) and by submitting this offer has accepted all the Conditions of tender.

2. By signing the Form of Offer, the Tenderer agrees to the terms and conditions and Specifications stipulated in this tender document and offer to purchase and lease immovable property at the price and rental as set out in the Price Schedule (Part 3)*

3. The Tenderer confirms that the amount constitutes the full financial offer for the property as indicated in

the Form of Offer.

TENDER 288P/2015/16

8


4. The Tenderer undertakes to pay the full financial offer as applicable.

5. The Tenderer agrees that communication of a decision by the Delegated Authority to award a property may be by hand deliver letter, or by e-mail.

SIGNED AT______________________ON THIS THE_________DAY OF______________20____ (PLACE) (DD) (MM) (YY)

_*_______________________________

Signature(s)

*Refer to Clause 6.1 Evaluation Criteria: Invalid Tenders

_________________________________

Print name(s):

On behalf of the tenderer (duly authorised)

_________________________________

Date

INITIALS OF CITY OFFICIALS

1 2 3

TENDER 288P/2015/16

9


3 THE PRICE SCHEDULE In accordance with the Contract Form, the Tenderer offers to purchase and lease the following at the stated

financial offer, which amount constitutes the full financial offer subject to the successful application for

development rights as indicated:

PURCHASE AND LEASE OF ERF 468 CLIFTON, A PORTION OF REMAINDER ERF 148 CLIFTON,

PORTIONS OF REMAINDER ERF 345 CLIFTON, AND A PORTION OF REMAINDER ERF 4 CAMPS BAY,

FOR THE REDEVELOPMENT OF SPORTS AND RECREATION FACILITIES, THE DEVELOPMENT OF

RESIDENTIAL OPPORTUNITIES, A PARKING GARAGE, RETAIL FACILITIES, AND USES ANCILLARY

TO THESE FACILITIES

The City’s vision for this property is that it be developed by the successful tenderer generally in accordance

with the attached urban design vision (refer section 4 of this tender document).

The key components (“development opportunities”) of the proposed development to be established on the

property, and which are being offered by tender include:

1. Two pockets of single residential developments consisting of 52 residential/bungalow stands;

2. A boutique hotel/serviced apartment site consisting of 3500m2 of bulk;

3. A commercial (restaurants + retail) component consisting of 5000m2 of bulk;

4. A mixed-use (offices/studios/apartments) component of 2250m2 of bulk, forming part of the

commercial/retail area;

5. A structured parking facility consisting of approximately 725 parking bays.

The successful tenderer will be responsible for acquiring the relevant development rights via any and all

statutory approval processes applicable at the time of submission of the relevant development applications.

All costs and risk in the submission of the development applications will be for the successful tenderer’s

account.

FINANCIAL OFFER (TO BE COMPLETED BY TENDERERS)

Note: Please read instructions carefully

1) Financial offers must be based on the assumption that the development rights (use, bulk and number of

units) as indicated in the table below have been obtained for each of the development components.

2) Offers for the single residential stands must be expressed as a percentage (%) of the net proceeds to be

offered to the City on the assumption that stands will be sold at a market value of R 20 million per stand

minus R 2 million infrastructure cost per stand i.e. the important factor is the % (percentage) used in

the calculation.

R 20m – R2 m = R 18m x % = City proceeds in Rands


1 2 3

TENDER 288P/2015/16

10


3) Offer for the other components (development opportunities) must be based on a Rand bulk rate/value

(R/m² bulk)

4) The successful tenderer will be required to make an upfront “bullet payment” covering the 50 year lease

period for all lease-hold components on registration of the lease. The sale price for the single

residential stands on transfer of the property to the successful tenderer as detailed in the pre-sale

agreement indicated in 4.10.2

5) The financial offer of the successful tenderer will be subject to a pro rata revision based on the offered %

and R/m² offered in the pricing schedule should the development rights increase/decrease following the

conclusion of the required land-use statutory processes.

TENDER 288P/2015/16

11


Development

Component

No of

units

Proposed

transaction

% Rate*

offered

(A)

OFFER (TO BE COMPLETED BY TENDERER)

R Per Unit

(based on formula

provided below)

(B)

Total (excl. VAT)

R

AxB

VAT (14%)

R

(C)

TOTAL (incl. VAT))

R

(AxB) + C

Single

Residential 52 units Sale

………% (see NOTE

1

below)

R R R R

X = SUB TOTAL

R R R

NOTE1: R 20m – R2 m = R 18m x …..% = (City proceeds in) Rands

(Offers for the single residential stands must be expressed as a percentage (%) of the net proceeds to be offered to the City on the assumption that stands will be sold at a market value of R 20

million per stand minus R 2 million infrastructure cost per stand.)

Development Component

Bulk m

2*

(A)

Proposed transaction

Rate

OFFER (TO BE COMPLETED BY TENDERER) R/m² offered per

month R

(B)

Total (excl. VAT)

R AxB

VAT (14%)

R (C)

TOTAL (incl. VAT)

R (AxB) + C

Boutique Hotel /

Serviced apartments

3 500

m²

50 year

lease

R/m²

bulk R R R R

Commercial 5 000

m2

50 year

lease

R/m²

bulk R R R R

Mixed-use/residential

component

2 250

m²

50 year

lease

R/m²

bulk R R R R

Y = SUB TOTAL R R R

TOTAL FINANCIAL OFFER (X+Y) R R R

NOTE2: The bulk rate and % supplied above will be used for comparative evaluation and calculation purposes. The final Financial Offer will be calculated based on the rights granted after a

statutory approvals process has been completed by the successful tenderer.

NB: A financial guarantee equivalent to 5% of the financial offer will be expected to be provided by the successful tenderer on conclusion of the pre-sale/lease agreement in 4.10.6


1 2 3

TENDER 288P/2015/16

12


CONDITIONS AND INSTRUCTIONS:

1) The financial offer excluding value-added tax (VAT) is the official offer for tender comparison and

evaluation purposes.

2) VAT will be added to the financial offer, and the VAT-inclusive financial offer will be payable by the

successful tenderer.

3) In the event of the Tenderer indicating an incorrect Total in Rands or the VAT-inclusive total due to a

calculation error, that % rate offered per unit and the R/m2 bulk will be accepted the final financial offer.

4) Tenderers that do not complete the price schedule table as per the instructions above will be regarded

as non-responsive (refer to clause 6.2.1.4 of the Evaluation Criteria).

5) A Tender offer may not be determined by reference to any other tender and must state a specific sum of

money expressed in South African currency (Rand) only.

6) The City reserves the right at its sole discretion to not accept any Tender offer including the highest or

any other offer.

7) The City reserves the right to not to accept any conditional Tender including any offer where different

tender/contract conditions are proposed by the Tenderer.

8) Financial offers must be based on the assumption that the development rights (use, bulk and number of

units) as indicated in the table above have been obtained for each of the development components.

9) The financial offer of the successful tenderer will be subject to revision based on the % and R/m² offered

in the pricing schedule should the development rights increase/decrease following the conclusion of the

required land use statutory processes.

10) The cost for the public infrastructure investments referred to in Section 4 “Specifications and

Development Conditions” must not be taken into consideration in determining the financial offer.


1 2 3

TENDER 288P/2015/16

13


4 SPECIFICATIONS AND DEVELOPMENT CONDITIONS

4.1 INTRODUCTION

The City of Cape Town has identified the need to improve the Clifton precinct focussing on the development and upgrading of certain portions of land, amenities and infrastructure within the area to establish a sustainable, safe and vibrant environment to be enjoyed by local residents and visitors to this popular coastal area. The Bungalow garages, Maiden’s Cove picnic area and other public buildings and facilities in the area have degraded over time and are in need of urgent upgrade, while various other prospects exist in the area to improve the quality and experience of this prestige neighbourhood and to create opportunities for investment and employment. In consultation with stakeholders, the City embarked on the drafting of an urban design vision to guide the future development of this precinct, taking environmental, heritage, economic, scenic, topography, leisure, community, sustainability and other factors into consideration. It is the intention of the City to procure, by means of this tender, a developer to realise this urban vision and development for the Clifton precinct. 4.2 SITE LOCALITY

Figure 1: Location of the property in relation to the Cape Town CBD, the Victoria and Alfred Waterfront, Cape Town Stadium and the Atlantic Seaboard.

The property is located between Victoria Road, the Clifton bungalows, the Glen Beach and Camps

Bay. (Refer fig. 2). The site is characterised by its beautiful location between the Atlantic Ocean and

Table Mountain with an astonishing view on the Twelve Apostles mountain ridge. It is a popular

tourist and leisure destination for local as well as international visitors. Residence and local visitors

THE SITE

N

TENDER 288P/2015/16

14


enjoy the facilities provided at the Maiden’s Cove picnic area, the sport facilities offered by the Glen

Country Club, Fourth Beach (with its Blue Flag status), as well as various other activities provided by

the ocean and the mountain.

The following facilities are currently located on the site:

1. Glen Country Club (bowls greens, club house, tennis courts and tennis club house);

2. Clifton parking garages (owned by the City and leased to residents);

3. Clifton Scout Hall;

4. Old Church;

5. Clifton tennis clubhouse and courts 6. Cricket oval; 7. Bungalow Restaurant; 8. Tour bus/parking facility; 9. Maiden’s Cove picnic/recreation area; 10. Satellite police station at Maiden’s Cove.

Figure 2 Aerial photo of property.

4.3 TOPOGRAPHY The topography of the property is characterised by a sharp decline in height from Victoria Road

toward the coast, thereby creating opportunities for developments to be established unobstructed

below the scenic Victoria Road route. The contours furthermore provide opportunities to create

developments on various terraces on the property optimising scenic viewpoints toward the coast and

mountain. (Refer to Fig. 3: Contour plan)

TENDER 288P/2015/16

15


Figure 3: Contour Plan

TENDER 288P/2015/16

16


4.4 THE CITY’S URBAN VISION

The urban design vision developed by the City in consultation with various Interested & Affected

parties, expresses the intention to develop the area as:

• An enhanced sense of place along the Atlantic Seaboard

• An upgraded coastal recreation facility and public open space for all

• An integrated mixed-use development

• A vibrant meeting place throughout the year

The key design objectives include the following:

To leverage current infrastructure;

To promote urban integration;

To enhance access and linkages between the ocean and mountain;

To improve and enhance the usage of Maiden’s Cove coastal picnic area;

To support the natural ecological system by protecting endangered vegetation as well as

overall biodiversity and habitats. Cultural and heritage features are also to be enhanced. All

developments or redevelopments are to meet the sustainability requirements as specified in

section;

To create a unique “People Place” for Cape Town.

TENDER 288P/2015/16

17


4.5 DESCRIPTION AND IMPLEMENTATION OF THE DEVELOPMENT VISION

The development vision as approved by the City is discussed below.

The development consists of the following components to be developed in terms of this tender:

4.5.1 Single residential component:

Two single residential parcels located to the north-west and south of the property (indicated as

Residential A and Residential B on figure 4) consisting of 52 residential plots in total. It will be the

responsibility of the successful tenderer (developer) to apply for the necessary zoning rights and any

other required statutory approvals, including the subdivision of these parcels to single residential

erven and the provision of all services. The land parcels will be made available to the developer for

purposes of obtaining the necessary approvals and installing the necessary bulk, link and internal

services on a basis of a sale agreement. These individual plots to be marketed and sold by the

developer, at a price to be approved by the City. Payment of the land cost to the City will be as per

the agreed bid percentage.

Payment of the land cost to the City will be as per the agreed bid percentage on transfer of the land

to the successful tenderer as detailed in the pre-sale agreement indicated in 4.10.2 of this

document.

4.5.2 Boutique hotel/serviced apartment component:

TENDER 288P/2015/16

18


Provision for a boutique hotel and/or serviced apartments with a bulk of 3500m² is made in the

project to the north of the property. This facility will include basement parking to provide for the

necessary parking requirements.

This opportunity will be available on a 50-year lease-hold basis.

4.5.3 Parking facility:

A parking facility over 3 levels is to be constructed along the eastern boundary of the property where

the current bowls greens are located. This facility must provide for approximately 725 parking bays

dependent on the approved town planning rights plan the “long-term lease” and “city parking bays”.

The parking bays to be constructed in this facility will be allocated as indicated below, and the

developer must therefore ensure effective location of these parking bays to ensure convenience for

the user-groups:

100 parking bays to be provided on a “long-term lease” to residents of Clifton and Glen Beach

(and other interested parties in the immediate vicinity). These parking bays must be accessible

to the lessees without any charge, except for such approved operational costs that may be

required for security and maintenance purposes;

200 “city parking bays” to be provided for the general public visiting the area. These parking

bays will remain the property of the City to be managed and controlled by the successful

tenderer Income derived from this parking will be to the benefit of the City;

Parking bays linked to the retail, restaurants and mixed-used development to be managed and

controlled by the developer or his/her agent at his/her cost and benefit;

The income derived from the long-term lease of these 100 bays will be used to provide

the 200 bays hereunder.

This parking shall be excluded from the lease area.

The construction of the parking facility will require the replacement of the Glen Country Club House

and bowls greens which is currently located on the site. The Glen Club House will be relocated to an

area between the residential development of the property and the retail component, while provision

must be made for the location of 2 turf bowls greens on the roof of the parking structure and an

indoor synthetic bowls green at the lower level of the parking structure, five tennis courts and

ancillary club facilities. The cost for the construction of these facilities will be for the account of the

City as discussed in more detail under paragraph 4.6 “Public Investment Infrastructure”.

The parking component will be available to the successful tenderer as part of the boutique

hotel/serviced apartment, retail and mixed use/restaurant components on a 50-year lease-hold basis

excluding certain servitude areas over the lease-hold area to be registered in favour of the City (i.e.

public parking bays and bowling greens).

4.5.4 Restaurants and retail components

TENDER 288P/2015/16

19


Commercial opportunities of approximately 5000m² of bulk are proposed for restaurants/retail

facilities within the development. A retail component should be integrated with the parking facility,

while provision is made for restaurant opportunities and retail on the portion of the property as

indicated on the plans, thereby exploiting the scenic opportunities that the property has to offer.

These opportunities will be made available on a 50-year lease-hold basis.

4.5.5 Mixed-use component

Opportunities for offices, studios and/or residential serviced apartments, comprising 2250m² of bulk,

are proposed on an integral part of the retail/restaurant component. The ground floor provides for

offices and smaller retail, with residential and studios on upper levels.

4.5.6 Bulk services and linked and internal services and infrastructure:

The successful tenderer (developer) will be responsible to provide all bulk, link and internal services

and infrastructure required for the development. The developer will also be responsible for the

payment of development contribution levies as applicable.

The allocation of all servicing costs between the leasehold and freehold components will have to be

approved by the City.

4.6 PUBLIC INFRASTRUCTURE INVESTMENT

4.6.1 Introduction:

The successful tenderer (developer) will be obliged to undertake the following public infrastructure investments as part of his/her responsibilities in fulfilment of his contract with the City in terms of this tender. A. Upgrading of existing Infrastructure:

1) Maidens Cove Picnic Area to be upgraded into a coastal park similar in stature to the Green

Point Urban Park. 2) Victoria Road to be upgrade to improve the safety for pedestrians and cyclists using this

stretch road. 3) The upgrading of parts of The Glen trail and Kloof Road sidewalks to improve pedestrian

movement along these routes. 4) Upgrade and rehabilitation of the existing but degraded Clifton and Glen Beach steps. 5) The rehabilitation of the Clifton Surf Lifesaving Club buildings. B. Provision of new Infrastructure:

1) The development of a Camps Bay-Clifton Boardwalk stretching from the ramp behind Camps

Bay sewerage pump station to Maidens Cove coastal park. 2) The development of a Bantry Point Caves Boardwalk that will provide an opportunity for the

public to interact with a part of the shoreline previously inaccessible to pedestrians. 3) The redevelopment of the Glen Country Club’s clubhouse and recreational facilities.

The cost of the public infrastructure investment will be secured from the total financial offer of the successful tenderer.

TENDER 288P/2015/16

20


4.6.2 Costs/values/design of Public Infrastructure Investments:

NOTE:

(i) The cost of the following public infrastructure investments have been estimated based on the provisional elemental estimates based on an interim scope of works for the various elements at the time of this tender being advertised.

(ii) Council reserves the right to amend the costs/ values indicated based on its strategic and budgetary priorities at the time of implementation of these developments. The public infrastructure investment values indicated are also subject to the outcome of the statutory approval process to be undertaken by the successful tenderer, where necessary.

(iii) The public infrastructure investment components indicated in this document are to be designed and built by the successful tenderer on behalf of and as agent for the City.

(iv) The design of the elements, design details, detailed cost plans and implementation program must be approved by the City.

4.6.3 UPGRADING OF EXISTING INFRASTRUCTURE:

4.6.3.1 Maidens Cove Picnic Area to be upgraded into a coastal park similar in stature to the Green

Point Urban Park. Maidens Cove is a secluded coastal recreational area between Clifton and Camps Bay that boasts a picturesque landscape of granite boulders and a sandy beach. Maiden's Cove is a significant contemporary cultural site that provides recreational amenity in the form of coastal braai and picnic sites to the low-income communities of Cape Town. Furthermore, it also provides an international tourist destination for photographing the unique natural beauty visible from the site - Lion's Head, Table Mountain and the Twelve Apostles viewed from across the ocean. The site must be planned to serve the recreational needs of the general public whilst respecting the natural environment and special character. Special care must be taken to enhance the value of the site as a public amenity and recreation area. Estimated cost: R 37 million NOTE: The final detail plans budgets and construction programs will be required to be signed off by the City prior to the commencement of construction. Image: Maidens Cove picnic area

TENDER 288P/2015/16

21


4.6.3.2 Victoria Road to be upgrade to improve the safety for pedestrians and cyclists using this stretch road. The current design and facilities provided within the road reserve are outdated and not integrated (e.g. pedestrian access and walkways, parking garages). It is required that the successful tenderer includes the following: • Pedestrian linkages; • Incorporation of Universal Access design principles; • Bicycle parking/ racks; • Water points; • Seating; • Linking of parking areas on the east (mountain side) to the coast via pedestrian

crossings; • Consideration of the vehicle access/ exit to and from the proposed underground

parking garage. Estimated cost: R 30 million NOTE: The final detail plans budgets and construction programs will be required to be signed off by the City prior to the commencement of construction.

TENDER 288P/2015/16

22


4.6.3.3 The upgrading of parts of The Glen trail and Kloof Road sidewalks to improve pedestrian movement along these routes.

The proposed upgrade of The Glenn forest trail will help to enhance the network existing

pedestrian routes and public walks, leading from the shoreline back into the Table Mountain

Nature Reserve. Similarly the upgrade of a pedestrian walkway along Kloof Road from Kloof

Nek to Maiden’s Cove will provide alternative walking route within the area.

Both routes will be connected to IRT Bus Stops, thereby improving accessibility to theses

trails and walking routes.

Estimated cost: R 3.2 million

NOTE: The final detail plans budgets and construction programs will be required to be

signed off by the City prior to the commencement of construction.

TENDER 288P/2015/16

23


4.6.3.4 Upgrade and rehabilitation of the existing but degraded Clifton and Glen Beach steps. The existing steps from Victoria Road down to the beaches at Clifton have aged and require upgrade. This will include repair and surfacing of the stair and the provision/ repair of railings, where necessary, as well as lighting. Estimated costs: R 2.75 million NOTE: The final detail plans budgets and construction programs will be required to be signed off by the City prior to the commencement of construction.

4.6.3.5 The rehabilitation of the Clifton Surf Lifesaving Club buildings.

The existing Clifton Surf Lifesaving Club House and boat shed requires refurbishment and repair. This includes roof replacement, internal refurbishment, and the repair of balconies and related structures. The existing boat shed requires a new roof, re-cladding, and a new life saving look-out tower to be constructed. An improved purpose-designed paddle-ski shed needs to be provided.

Estimated costs: 3.31 million

http://wp.cliftonsurflifesaving.co.za/

TENDER 288P/2015/16

24


4.6.4 PROVISION OF NEW INFRASTRUCTURE:

4.6.4.1 The development of a Camps Bay-Clifton Boardwalk stretching from the ramp behind Camps

Bay sewerage pump station to Maidens Cove coastal park.

A proposed boardwalk will stitch together a NMT (non-motorized transport) route along

Clifton Beach leading towards Sea Point with a route along Glenn Beach leading towards

Camps Bay. The generous public route will accommodate pedestrians, along a safe and

well lit shoreline promenade.

The design of the boardwalk will require an onsite approach. The boardwalk must be

designed by an architect and landscape architect in early and close consultation with the City

of Cape Town. The City of Cape Town has a conceptual layout of where a boardwalk is

required and/or desirable. The deck must be sensitive to the slope and features of the site.

The boardwalk will connect the beach, rocky outcrops and tidal pools with each other to

facilitate ease of movement, increase safety, increase the legibility of routes and extend flat

parts of rocks for lookout and seating purposes.

Estimated cost: R 35 million

NOTE: The final detail plans budgets and construction programs will be required to be

signed off by the City prior to the commencement of construction.

TENDER 288P/2015/16

25


4.6.4.2 The development of a Bantry Point Caves Boardwalk that will provide an opportunity for the

public to interact with a part of the shoreline previously inaccessible to pedestrians. The area between Clifton and Seapoint at Bantry Point is characterised by extraordinary rock formations, dramatic sea views and with its close proximity to the Cape Town CBD, an ideal opportunity for people to engage with the beauty of our shorelines.

Currently the 70 hectare (70 000 sqm) area between Victoria road and the high water mark is inaccessible to the public due to its steep rocky slopes, private property boundaries and massive granite boulders. Proper access to this area on formal pathways will allow the public to interact with a part of the shoreline previously inaccessible improving the social amenity value of the area. This interaction with the lower parts of the shoreline will also allow for increased community surveillance enhancing the safety of the area. A continuous walkway between Clifton and Sea Point below Victoria Road would not be feasible due to the sheer size of boulders, steep eroding gradients and private property boundaries that extend to the high water line. The concept of a series of access and viewpoints with walkways connecting them where possible is supported.

Estimated cost: R 26.5 million

NOTE: The final detail plans budgets and construction programs will be required to be signed off by the City prior to the commencement of construction.

4.6.4.3 The redevelopment of the Glen Country Club’s clubhouse and recreational facilities.

The proposed development requires that the current Glen Country Club facility be demolished and relocated to an alternative position. The Glen Club House will be relocated to an area between the residential development of the property and the retail component, while provision must be made for the location of 2 turf bowls greens on the roof of the parking structure and an indoor synthetic bowls green at the lower level of the parking structure, five tennis courts and ancillary club facilities. Estimated cost: R 47 million

4.6.5 Financial Allocation to Inclusionary Housing Fund

10% of the financial offer will be allocated to near-inner City housing projects. As a response to the public request for inclusionary housing and improved community integration, a special fund will be established by the City whereby a portion of the sale/lease proceeds paid by the successful tenderer will be allocated in order to fund near inner-city inclusionary housing projects. The successful tenderer (developer) will have no obligation to the provision of the housing.

TENDER 288P/2015/16

26


Affordable Housing Example (Silver Meadows Development in Rugby, Cape Town)

4.7 STUDIES THAT CONTRIBUTED TO DEVELOPING THE CITY’S URBAN DESIGN VISION

The following studies were undertaken by the City. Specialists were appointed to investigate specific aspects related to the development and report on these. These reports are available electronically on the CD that accompanies this tender document. 1) Sea Point to Clifton Coastal Walkway (June 2011), Sam Glen Landscape architects in

association with Earthworks Landscape Architects.

2) Botanical Assessment of the Proposed Clifton Precinct Project, Cape Town, Western Cape Province, (June 2015) NCC Environmental Services (Pty) Ltd.

3) Interpretive Geotechnical Report for Clifton Garage Geotechnical Investigation (April

2015), SMEC | South Africa | Geotechnical.

4) Heritage Investigation: Clifton Precinct Development Area (6 August 2015) Vidamemoria Heritage Consultants.

5) Specialist Archaeological NID Comment: Proposed Development At Maidens Cove

Between Clifton And Camps Bay (January 2016) David Halkett, ACO Associates cc. 4.8 ENVIRONMENTAL SUSTAINABILITY

The City of Cape Town needs to demonstrate that development in a sensitive and dynamic coastal

environment can be achieved with minimal negative impacts while achieving excellence in

environmental sustainability. The designs for upgrades and new developments must adhere to the

principles and practices of ecologically sustainable development. All building and infrastructure

designs and construction processes must be as environmentally sustainable as possible. This

includes designs that stipulate water and energy efficiency and waste minimization and recycling

facilities (e.g. as per green building guidelines such as Green Star South Africa system), the use of

sustainable building materials (e.g. recycled and low embodied energy) and setting up the

infrastructure to operate in as sustainable a manner as possible. Buildings should be designed and

constructed to the equivalent of a 5 star Green Star South Africa rating.

4.9 PRECINCT MANAGEMENT The successful tenderer will be expected to establish a property/ home owners association to take responsibility for the management and maintenance of the precinct, including certain functions in respect of the Maidens Cove Coastal Park. This will include aspect such as security, cleansing, pedestrian and vehicle movement, parking, etc. within the precinct.

TENDER 288P/2015/16

27


The details of the management arrangements will be negotiated with the City in the drafting of the sale and lease agreements.

The City may also form part of the Property Owner’s Association.

4.10 POST TENDER AWARD CONDITIONS

4.10.1 After the award of this tender, the successful tenderer must within 90 days after the award

prepare a detailed project plan and program for approval by the City.

4.10.2 A pre-sale/lease agreement will also be concluded at this time.

4.10.3 Following the approval of the project plan and program, the developer shall prepare at

his/her cost, a package of plans for submission to the City with the intension to obtain and

acquire all the required statutory approvals (e.g. rezoning & subdivision, environmental and

heritage authorisation(s), etc.) for the proposed development.The City will provide the

successful tenderer with Special Power of Attorney to be its lawful representative to submit

on its behalf , the above-mentioned applications to the relevant authorities for

consideration.

4.10.4 Within 60 days after the necessary required statutory approvals have been obtained, the

successful tenderer must sign the relevant sale/lease and/or land availability agreements.

4.10.5 The successful tenderer shall be responsible for the payment of development contribution

levies (if applicable) towards the provision of bulk municipal services in accordance with the

relevant legislation and as determined by the City as part of the land use application

process. The development contribution levies shall be paid by the successful tenderer to

the City prior to transfer and/or registration of the lease, unless otherwise agreed to by the

City.

4.10.6 Guarantee:

A financial guarantee equivalent to 5% of the financial offer will be expected to be provided

by the successful tenderer on conclusion of the pre-sale/lease agreement.

4.10.7 Infrastructure:

Generally, roads serving single residential erven will be public roads, and roads serving

retail components will be private roads accessible to the public and will be expected to be

managed as such.

4.10.7 Access for disabled persons:

All aspects of the development must make provision for access by disabled persons.

4.11 SPECIAL CONDITIONS OF LEASE

4.11.1 The commencement of a lease with a successful tenderer will be subject to the lessee first obtaining, where necessary, the necessary land-use (rezoning and subdivision), environmental, heritage and other approvals and removing and/or amending, where applicable, any scheduled or title deed conditions. Any additional infrastructure and services requirements will be for the cost of the lessee.

4.11.2 The successful tenderer shall be responsible for all costs relating to the relocation of any services to the Property as a result of giving effect to the provisions of this Lease.

4.11.3 The successful tenderer must ensure at its cost that adequate public liability insurance cover to the value of R50 million (fifty million) is in place from the lease commencement date and for the duration of the lease, in order to indemnify all claims which may be made against the Lessee due to any act or omission which may occur on the property.

TENDER 288P/2015/16

28


5 CONDITIONS OF TENDER

ALL TENDER CONDITIONS MUST BE STRICTLY ADHERED TO, FAILING WHICH THIS TENDER SUBMISSION WILL BE DECLARED NON-RESPONSIVE

5.1 No tender will be considered unless the tender offer is submitted on the CCT Tender Document.

5.2 Any portion of the Tender Document which is not completed will be interpreted as “not

applicable” unless that portion is compulsory (a required document). Failure to complete any compulsory portion of the tender document may result in the tender being declared non-responsive.

5.3 Tenders must be properly received and deposited in the designated tender box (as detailed on

the front page of this tender document) on or before the closing date and before the closing time, in the relevant tender box at the Tender Submission Office situated on the 2nd floor, Concourse Level, Civic Centre, 12 Hertzog Boulevard, Cape Town. If the tender submission is too large to fit in the allocated box, please enquire at the public counter for assistance.

5.4 The CCT reserves the right to accept: 5.4.1 or reject any variation, deviation, tender offer, or alternative tender offer, and may cancel the

tender process and reject all tender offers at any time before the formation of a contract. The CCT shall not accept or incur any liability to a tenderer for such cancellation and rejection, but will give written reasons for such action upon receipt of a written request to do so.

5.4.2 a tender offer which does not in the CCT’s opinion materially and/or substantially deviate from the terms, conditions and specifications of the tender document.

5.4.3 the whole tender or part of a tender or any item or part of any item, or to accept more than one tender (in the event of a number of items being offered), and the CCT is not obliged to accept the lowest or any tender.

5.5 The CCT shall not consider tenders that are received after the closing date and time for such a tender (late tenders).

5.6 The CCT will not be held responsible for any expenses incurred by tenderers in preparing and submitting tenders.

5.7 The CCT may, after the closing date, request additional information or clarification of tenders in writing.

5.8 A tenderer may request information, after the closing date, in accordance with the Promotion of Administrative Justice Act, Act 3 of 2000, and the Promotion of Access to Information Act, Act 2 of 2000.

5.9 A tenderer may request in writing, after the closing date, that the tender offer be withdrawn. Such withdrawal will be permitted or refused at the sole discretion of the CCT after consideration of the reasons for the withdrawal, which shall be fully set out by the tenderer in such written request for withdrawal.

5.10 Should the tender offer be withdrawn in contravention of 5.9 above, the tenderer agrees that:

5.10.1 it shall be liable to the CCT for any additional expense incurred or losses suffered by the CCT

in having either to accept another tender or, if new tenders have to be invited, the additional

TENDER 288P/2015/16

29


expenses incurred or losses suffered by the invitation of new tenders and the subsequent

acceptance of any other tender;

5.10.2 the CCT shall also have the right to recover such additional expenses or losses by set-off

against monies which may be due or become due to the tenderer under this or any other

tender or contract or against any guarantee or deposit that may have been furnished by the

tenderer or on its behalf for the due fulfilment of this or any other tender or contract. Pending

the ascertainment of the amount of such additional expenses or losses, the CCT shall be

entitled to retain such monies, guarantee or deposit as security for any such expenses or loss.

5.11 The tenderer agrees that this tender and its acceptance shall be subject to the terms and

conditions contained in the CCT’s Supply Chain Management Policy (‘SCM Policy’) and

Combating of Abuse of the Supply Chain Management System Policy (‘Abuse Policy’).

5.12 Notwithstanding any requests for confirmation of receipt of notices issued to the tenderers, the

tenderer shall be deemed to have received such notice if the CCT can show proof of

transmission thereof via electronic mail, facsimile or registered post.

5.13 The City of Cape Town’s representative for the purpose of this tender shall be:

Name: Neil Eybers e-mail address: [email protected] Telephone Number: 021 400 3605

5.14 Resolutions and Power of Attorney

A tender submitted:

5.14.1 by a registered company may not be considered unless accompanied by a resolution

by the Directors of the company authorising the tender to be made and the signatory to sign

the tender on the company’s behalf (Schedule 1 to be completed);

5.14.2 by a registered close corporation may not be considered unless accompanied by

written authority from all the members of the close corporation authorising the tender to be

made and the signatory to sign the tender on the close corporation’s behalf (Schedule 1 to be

completed);

5.14.3 by a partnership / joint venture / consortium may not be considered unless

accompanied by written authority from all the partners authorising the tender to be made and

the signatory to sign the tender on the partnership / joint venture / consortium’s behalf

(Schedule 2 to be completed).

5.15 Joint Ventures / Consortiums

In the case of joint ventures / consortiums, a copy of the joint venture agreement must be

submitted with the Tender document detailing the percentage of the contract value managed

or executed or contributed by the partners.

5.16 Validity Period


TENDER 288P/2015/16

30


5.16.1 A tender submitted shall remain valid, irrevocable and open for acceptance by CCT

for 180 (one hundred and eighty) days from the closing date of the tender.

5.16.2 A tender submitted shall further be deemed to remain valid after the expiry of the

above mentioned 180 day period, until formal acceptance by CCT, unless the CCT is notified

in writing by the tenderer of anything to the contrary (including any further conditions the

tenderer may introduce).

5.16.3 Any further conditions that the tenderer may introduce will be considered at the sole

discretion of the CCT.

5.17 City of Cape Town Vendor Database

For the purchase of immovable property in terms of this tender, it is NOT compulsory for a

tenderer to be registered on the CCT’s Vendor Database. However, a tenderer who is already

registered on the CCT’s Vendor Database and has already lodged a valid Tax Clearance

Certificate with the Supplier Management Office, need not attach an original Tax Clearance

Certificate to this tender submission (attach only a copy). The Supplier Management Unit is

located within the Tender Distribution Office, 2nd Floor, (Concourse Level), Civic Centre, 12

Hertzog Boulevard, Cape Town (Tel 021 500 9242/3/4/50).

5.18 Tax clearance

5.18.1 The CCT may not award any contract to a person whose tax matters have not been

declared by the South African Revenue Service (SARS) to be in order.

5.18.2 Tenderers are therefore required to obtain a valid Tax Clearance Certificate from the

local SARS office where such tenderer is registered for Income Tax purposes.

5.18.3 Tenderers must, within 7 days of being requested to do so submit an original and

valid tax clearance certificate from SARS certifying that the taxes of the tenderer are

in order.

5.18.4 It is the responsibility of the successful tenderer to submit an updated original tax

clearance certificate to the Supplier Management Unit located within the Tender

Distribution Office, 2nd Floor, (Concourse Level), Civic Centre, 12 Hertzog Boulevard,

Cape Town should any current certificate expire during the tender validity period.

Failure to do so may lead to the suspension of transactions with the tenderer until a

valid tax clearance certificate is received by that office, or disqualification of the

tender

5.18.5 Each party to a Joint Venture / Consortium / Partnership must comply with all of the

above.

5.18.6 It is very important that the full, correct name of the tenderer is shown on each tax

clearance certificate.

TENDER 288P/2015/16

31


5.19 Acknowledgement and Disclosure

By submitting this tender offer, the Tenderer acknowledges that:

1.19.1 The Tenderer has been given sufficient time to inspect the Property, to consider all

provisions of this agreement and get advice.

1.19.2 The Tenderer has had sufficient opportunity to appoint professional persons for

purposes of inspecting the Property and assisting the Tenderer in any way the

Tenderer requires in relation to the Property.

1.19.3 The Tenderer is acquainted with the nature, extent and condition of the Property.

1.19.4 The Property is substantially in accordance with the specification of this tender.

1.19.5 If the tender offer is successful, the Property will be accepted as is.

1.19.6 The Property may have certain latent defects of which the Seller (CCT) is unaware

both at the date of advertising and the date of transfer. In the case of a sale, the

Seller cannot be held liable for any such defects which appear after transfer.

1.19.7 The Tenderer has read these conditions, confirms the facts, nature and effect

thereof and understands how they apply to the Tenderer and agrees that the

Tenderer has had sufficient opportunity to consider the application of these

conditions and their consequences and by submitting the tender offer the Tenderer

agrees to accept and be bound by these conditions.

1.19.8 The Property, including all buildings and other improvements thereon, if any, is sold

in accordance with the Seller’s title deeds and the diagram or general plan framed or

to be framed in respect thereof.

1.19.9 The Seller renounces all claims to any excess in the extent of the Property and will

not be answerable for any deficiency in the extent of the Property, and no warranty

is given in respect of boundaries.

1.19.10 The Seller shall not be responsible for indicating existing boundaries and beacons.

5.20 Transaction Values exceeding R10 million

If the value of the transaction is expected to exceed R10 million (VAT included), a tenderer

shall submit the following information (complete Schedule 3):

5.20.1 If a tenderer is required by law to prepare annual financial statements for auditing,

their audited annual financial statements –

(i) for the past three years, or

(ii) since their establishment if establish during the past three years.

5.20.2 A certificate signed by the tenderer certifying that the tenderer has no undisputed

commitments for municipal services towards a municipality or other service provider

in respect of which payment is overdue for more than 30 days; and

5.20.3 Particulars of any contracts awarded to the tenderer by an organ of state during the

past five years, including particulars of any material non-compliance or dispute

concerning the execution of such contract.

TENDER 288P/2015/16

32


5.21 Independent Bid Determination

5.21.1 Tenderers must complete, sign and submit, together with their tender or upon being

requested to do so in writing, a certificate of independent bid determination

(Schedule 8 hereto) failing which the tender offer may be declared non-responsive.

5.21.2 Tenders may also be declared non-responsive if it is determined on reasonable

grounds or evidence that the tenders are submitted by tenderers:

(a) who (notwithstanding having submitted duly completed certificates of

independent tender determination) are nevertheless deemed to have

knowledge of the contents of any other tenderer’s offer and/or has submitted a

certificate which is not true and correct in every respect;

(b) in a horizontal relationship which has the effect of substantially preventing or

lessening competition in a market, subject to the exceptions as set out in

section 4(1)(a) of the Competitions Act, 89 of 1998;

(c) who are presumed to be firms engaged in a restrictive horizontal practice as

contemplated in section 4(1)(b) read with section 2 of the Competitions Act, 89

of 1998;

(d) in a vertical relationship which has the effect of substantially preventing or

lessening competition in a market, subject to the exceptions as set out in

section 5(1) of the Competitions Act, 89 of 1998.

5.22 Inducements, rewards, gifts and other abuses of the Supply Chain Management

System

No person who is a provider or prospective provider of goods or services, or a recipient or

prospective recipient of goods / property disposed or to be disposed of by the CCT, may

directly or indirectly:

5.22.1 Through a representative or intermediary promise, offer or grant:

(a) any inducement or reward to the City for or in connection with the award of a

contract; or any reward, gift, favour or hospitality to any official or

(b) any other role player involved in the implementation of the supply chain

management policy.

5.22.2 Influence or interfere with the work of any City Officials involved in the tender process

in order to inter alia:

a) influence the process and/or outcome of a bid;

b) incite breach of confidentiality and/or the offering of bribes;

c) cause over or under invoicing;

d) influence the choice of procurement method or technical standards;

e) influence any City Official in any way which may secure an unfair advantage

during or at any stage of the procurement process.

5.22.3 Abuse of the Supply Chain Management System is not permitted and may result in

the tender being rejected, cancellation of the contract, “blacklisting” and/or any such

remedies as determined by the CCT’s SCM Policy and the CCT’s Abuse Policy.

TENDER 288P/2015/16

33


5.23 Declarations, authorisation and attachments to this tender submission

5.23.1 Tenderers are required to complete all statutory declarations and authorisations in

the schedules attached hereto, failing which the tender may be declared non-

responsive in terms of Section 6 (Evaluation Criteria).

5.23.2 The onus is on each tenderer to ensure that the tender submission information and

attachments required by the tender specification and evaluation details are

attached to the back of this tender submission, including the following as are

appropriate to the type of tendering entity;

5.23.3 Original and currently valid Tax Clearance Certificate showing the correct name of

the Tenderer (a certificate of each partner, in the case of a partnership, joint

venture or consortium); or in the case of a Non-Profit Organisation an original

notification from the SA Revenue Service (SARS) to confirm that the Tenderer is

approved by SARS as a Public Benefit Organisation (PBO).

5.23.4 If the Tenderer is a company or close corporation, a complete copy of the latest

Registration Certificate issued by CIPC (the Companies and Intellectual Property

Commission) showing the same name of the Tenderer as recorded in this tender

offer (a certificate of each partner, in the case of a partnership, joint venture or

consortium). In addition, a copy of the identity document first page showing the full

name and identity number of each CC member or managing shareholder (person

who owns shares in the company and is actively involved in the management of

the company or business, and exercises control over the company).

5.23.5 If the Tenderer is an individual or sole trader, a copy of the latest identity

document first page showing the full name and identity number (in the case of a

partnership, joint venture or consortium, a copy of each member/partner’s

identity document).

5.23.6 If the Tenderer is a consortium, joint venture or partnership, a copy of the joint

venture agreement or deed of partnership (formal partnership agreement).

5.23.7 If the Tenderer is a social or religious organisation, a brief background document

showing the structure, with names and contact details of the local persons in

charge of the organisation.

5.23.8 If the Tenderer is a Non-Profit Organisation (NPO), a complete copy of the latest

Registration Certificate issued by the relevant registration authority showing the

same name of the Tenderer as recorded in this tender offer (or the certificate of

each partner, in the case of a partnership / joint venture).

5.23.9 If the Tenderer is a Non-Profit Organisation, also a copy of the organisation's

Founding Document (i.e. a constitution or a deed of trust or memorandum and

articles of association) or Memorandum of Incorporation (MOI).

5.23.10 If the Tenderer is a Non-Profit Organisation, also a copy of each Office-

Bearer’s identity document.

5.23.11 If the Tenderer is a Non-Profit Organisation, a complete copy of the latest

narrative report (Non-Profit Organisation Annual Report) of its activities in the

format prescribed by the Department of Social Development in terms of the Non-

profit Organisations Act, 1997 (Act 71 of 1997).

5.24 Awards to tenderers who are not the highest ranked The tenderer that scores the highest number of adjudication points must be recommended for

acceptance unless objective criteria justify the acceptance of another tender. Such objective

criteria include whether the recommended tenderer:

http://www.dsd.gov.za/npo/index.php?option=com_docman&task=doc_download&gid=48&Itemid=39

TENDER 288P/2015/16

34


5.24.1 has demonstrated that it has the necessary resources and skills required to fulfil its

obligations in terms of the tender document;

5.24.2 poses any commercial or legal risk to the CCT;

5.24.3 is currently subject to action in accordance with the Abuse Policy.

5.25 Objections, complaints, queries and disputes/ Appeals in terms of Section 62 of the Systems Act/ Access to court

5.25.1 Disputes, objections, complaints and queries

In terms of Regulations 49 and 50 of the Local Government: Municipal Finance Management Act, 56 of 2003 - Municipal Supply Chain Management Regulations (Board Notice 868 of 2005):

a) Persons aggrieved by decisions or actions taken by the City of Cape Town in the implementation of its supply chain management system, may lodge within 14 days of the decision or action, a written objection or complaint or query or dispute against the decision or action.

5.25.2 Appeals

a) In terms of Section 62 of the Local Government: Municipal Systems Act, 32 of 2000 a person whose rights are affected by a decision taken by the City in the implementation of its supply chain management system, may appeal against that decision by giving written notice of the appeal and reasons to the City Manager within 21 days of the date of the notification of the decision.

b) An appeal must contain the following:

i) Reasons and/or grounds for the appeal

ii) The way in which the appellants rights have been affected iii) Remedy sought by appellant

5.25.3 Right to approach the courts and rights in terms of Promotion of Administrative Justice Act, 3 of 2000 and Promotion of Access to Information Act, 2 of 2000

The sub-clauses above do not influence any affected person’s rights to approach the High Court at any time or its rights in terms of the Promotion of Administrative Justice Act and Promotion of Access to Information Act.

5.25.4 All requests referring to Clauses 5.26.1, 5.26.2 and 5.26.3 must be submitted in writing to:

The City Manager C/o the Manager: Statutory Compliance Unit, Legal Services Department

Tender Appeals: Attention Ms Charlene Cebekhulu Non-Tender Appeals: Attention Mrs Melanie Cloete

Via hand delivery: 20th Floor, Tower Block, Civic Centre, 12 Hertzog Boulevard, Cape Town,

8000

Via post: Private Bag x 9181, Cape Town, 8000

Via Fax: 021 400 5963/5830

Via E-mail: [email protected]


TENDER 288P/2015/16

35


6 EVALUATION CRITERIA 6.1 Invalid Tenders

The Bid Evaluation Committee shall consider the bids received and shall note for inclusion in

the evaluation report a tenderer whose tender is considered by the Bid Evaluation Committee

to be invalid and eliminated from further evaluation for any of the following reasons:

6.1.1 the tender, including the tender amount, where applicable, is not submitted on the

official Form of Offer (Section 2);

6.1.2 the tender document is not completed in non-erasable handwritten, or printed, ink or

toner;

6.1.3 the Form of Offer has not been signed with an original signature (unless an e-

Procurement system issued);

6.1.4 the Form of Offer (Section 2) is signed, but the name of the tenderer is not stated, or

is indecipherable;

6.2 Non-Responsive Tenders

6.2.1 Valid tenders will be declared non-responsive and eliminated from further evaluation if:

6.2.1.1 The tenderer has been listed on the National Treasury’s Register for Tender

Defaulters in terms of the Prevention and Combating of Corrupt Activities Act, Act 12

of 2004, or has been listed on the National Treasury’s List of Restricted Suppliers

and who is therefore prohibited from doing business with the public sector.

6.2.1.2 The tenderer is prohibited from doing business with the CCT in terms of the Abuse Policy. 6.2.1.3 The tender does not comply with the Specification(s) (Section 4). 6.2.1.4 The tender does not comply with the instructions as contained in the Price Schedule (Section 3) and/or Schedule 9: Contract Price Adjustment and Rate of Exchange Variation (where applicable). 6.2.1.5 The tenderer has not achieved the minimum functionality scoring/points as set out in the tender document (if applicable). 6.2.1.6 The tenderer is a person, advisor or corporate entity involved with the Bid

Specification Committee or director/member of such a corporate entity and is therefore prohibited from tendering for any resulting contracts.

6.2.2 Tenders will be declared non-responsive if the tenderer fails to adhere to a written

request (within the specified period set out in such request) to:

6.2.2.1 comply with one or more of the provisions contained in the Instructions and

Conditions of Tender (Part 5);

6.2.2.2 comply with any other terms and conditions of the tender documentation after being

called upon to do so;

6.2.2.3 submit an original and valid Tax Clearance/Public Benefit Organisation

(PBO)certificate from the South African Revenue Service (SARS) certifying that the

taxes of the tenderer are in order;

6.2.2.4 submit the information as required in respect of transaction value exceeding

R10 million (see Conditions of Tender);

TENDER 288P/2015/16

36


6.2.2.5 complete and/or sign the required declarations and/or authorisations.

The above is not a closed list and requests can include but are not limited to the

requirements set out in 6.2.2.1 to 6.2.2.5 above. The written request may be sent to the

tenderer by fax or by email.

6.3 Negotiations with preferred bidders

6.3.1 The City Manager (or his delegated authority) may authorise the negotiation of the final terms of a contract with tenderers identified through a competitive bidding process as preferred tenderer provided that such negotiation:

a) does not allow any preferred tenderer a second or unfair opportunity; b) is not to the detriment of any other tenderer; and c) does not lead to a higher price than the tender as submitted.

6.3.2 Minutes of such negotiations must be kept for record purposes. 6.3.3 If negotiations fail to result in acceptable contract terms, the City Manager (or his

delegated authority) may terminate the negotiations and invite the next ranked tenderer for negotiations. The original preferred tenderer should be informed of the reasons for termination of the negotiations. Once negotiations are commenced with the next ranked tenderer, earlier negotiations may not be reopened by the CCT.

6.3.4 The provisions of clauses 6.3.1 to 6.3.3 shall apply to the invitation to negotiate of

the next ranked tenderer, mutatis mutandis.

6.4 EVALUATION OF TENDERS

6.4.1 All tenders received shall be evaluated in accordance with the provisions of the City of Cape

Town Supply Chain Management Policy, the Abuse Policy (Combating Abuse of Supply

Chain Management System Policy), and the provisions of the Policy on the Management of

Certain of the City of Cape Town’s Immovable Property, amended from time to time.

6.4.2 The City’s policies may be viewed on its website at http://www.capetown.gov.za.

6.4.3 Tenderers are also referred to the provisions in the Supply Chain Management Policy

relating to the Disposal Management System and the Asset Transfer Regulations, 2008.

6.4.4 Tenders will be further evaluated in terms of Section 14(2) of the Municipal Finance

Management Act of 2003 related to the fair market value being received in exchange for the

property.

6.4.5 Tenders received will be evaluated on compliance with the conditions of tender and

specification including responsiveness criteria and functionality.

6.4.6 The remaining tenders (which have not been declared non-responsive in terms of clause 6.2

above) will be adjudicated according to the Price.

http://www.capetown.gov.za/

TENDER 288P/2015/16

37


6.5 EVALUATION OF FUNCTIONALITY

It is the City’s opinion that the current urban design vision responds to the sensitivity of the site

in terms of its cultural, historical and environmental potential and this urban design vision must

be used as the basis for the legislated statutory approvals process required to be followed by

the successful tenderer in order to acquire development rights.

Submissions will be evaluated on the following functionality criteria on a maximum one

hundred (100) points system as set out below:

6.5.1 The functionality (technical and financial ability) of the tenderers and their

proposals/offers/bids will be evaluated taking into account the following areas for

consideration:

(i) Tenderer Company Profile;

(ii) Expertise and experience of the key personnel proposed by the tenderer who can

comprise more than one person and if not in the employ of the successful tenderer

must be contracted by the successful tenderer in writing; and

(ii) Financial ability to successfully implement the development based on the City’s urban

design vision.

Submissions will be evaluated based on the information provided by tenderers that address

the factors listed under the "Evaluation Criteria and Points" column of Table 1 (below).

TENDER 288P/2015/16

38


Table 1

Evaluation Area Evaluation Criteria Maximum Points

achievable

Tenderer company profile

Current portfolio of similar mixed use

developments completed/in progress by

tenderer/development entity/partners with a

total project value in excess of R250 million.

Limited/inadequate = 0

One similar development project(completed

or in progress) = 10

Two similar development projects

(completed or in progress) = 20

Three or more similar development projects

(completed or in progress) = 30

30

Experience and expertise of key

personnel

Relevant skills and experience of key

personnel with the planning, design, and/or

implementation of mixed use projects valued

in excess of R250 million.

Less than 5 years = 0

From 5 to 10 years = 15

Above 10 years = 30

30

Financial ability to successfully

implement the development

No proof of funding = 0

Inadequate/partial funding = 20

Adequate proof of funding = 40

40

TOTAL EVALUATION POINTS 100

NB: No tender will be regarded as an acceptable/responsive tender if it fails to achieve the minimum total qualifying

score of 60 out of the Total Evaluation Points of 100.

6.5.2 Evaluation of Tenderer profile, experience and expertise

Scoring will be determined on the basis of demonstrable proven experience and expertise in successfully developing and/or tenanting similar properties of cultural and/or historical significance. The tenderer is required to submit sufficient information and documentary proof as required.

6.5.3 Evaluation of Tenderer profile, experience and expertise of key personnel

Scoring will be determined on the basis of demonstrable and proven knowledge, experience and expertise of the tendering entity and key personnel in successfully developing, operating and managing similar developments. The tenderer is required to outline this section under the following preferred headings and attach the relevant documented proof:

(a) Composition of the tendering entity (b) Portfolio of tendering entity’s previous and current comparable developments. (c) Roles and responsibilities of individual members and key personnel to be actively

involved in the project. (d) Expertise and experience of individual members and key personnel. (e) Qualifications of individual members and key personnel.

TENDER 288P/2015/16

39


6.5.4 Evaluation of Financial ability

The tenderer must provide evidence of its ability to finance the proposed development for which the following documents must be attached as evidence:

(a) A financial plan detailing capital investment requirements and resources; (b) A letter(s) from recognised financial institutions/investors indicating access to finance

which will enable the tendering entity to develop the Property as per the financial plan; (c) Financial statements for the last 3 (three) financial years of the tendering entity (of

each member in case of a consortium), if applicable 6.6 Evaluation of functionality scores

6.6.1 No tender will be regarded as an acceptable/responsive tender if it fails to achieve the minimum total qualifying score of 60 out of the Total Evaluation Points of 100.

6.6.2 Tenderers shall ensure that all relevant supporting information has been submitted with their tender submissions to ensure optimal scoring of functionality points.

7.5.2.4 Tenders that have achieved the minimum qualifying score for functionality shall be evaluated further in terms of competitive and market-related financial offer.

TENDER 288P/2015/16

40


7 SPECIAL CONDITIONS OF CONTRACT FOR THE SALE/LEASE OF CITY-OWNED IMMOVABLE PROPERTY BY PUBLIC TENDER

THESE SPECIAL CONDITIONS OF CONTRACT (SCC) SUPPLEMENT AND MUST BE READ WITH THE GENERAL CONDITIONS OF CONTRACT (GCC, SECTION 9).

WHENEVER THERE IS ANY CONFLICT BETWEEN THE SCC AND THE GCC, THE PROVISIONS OF THE SCC SHALL PREVAIL.

The sale of each City-owned fixed property by formal tender shall be subject to special conditions, including but not restricted to the following SCC clauses. The Director: Property Management of the CCT may vary the conditions of contract and add supplementary special clauses in the Agreement of Sale as well as by particular written instructions as deemed necessary by the CCT, based on the specific circumstances and requirements of individual sites. 7.1. Key Conditions (Applicable to each property)

7.1.1 Only the tendering entity/person whose details appear on the Form of Offer AND on the Tax Clearance Certificate (or in the case of a Non-Profit Organisation the original notification from the SA Revenue Service to confirm that the Tenderer is approved by SARS as a Public Benefit Organisation certificate) will be able to take transfer. No other entity/person may be nominated by the Tenderer to take transfer without written permission from the Director: Property Management of the CCT.

7.1.2 The Property is subject to availability.

7.1.3 The Property is available for inspection by prospective tenderers and the CCT shall not be liable for any latent or patent defects in the Property which were not discovered by the Tenderer at the time of inspection of the property prior to submitting an offer.

7.1.4 After the award of the contract the successful Tenderer will be required to sign a Deed of Sale/Lease which may include conditions as indicated under Part 4 of this document.

7.2. Value-added tax (VAT)

The sale/lease of property by the CCT will be subject to VAT.

7.3. Financial Offer

The Financial Offer shall not be subject to reduction.

7.4. Risk and Insurance

Risk in the subject property under the contract shall pass to the Succesful tenderer at occupation date or transfer date, whichever occurs first, from which time the Succesful tenderer shall be fully responsible for the maintenance and insurance of the property.

7.5. Plans for the Development of the Site

The awarding of the contract by the City does not imply that the City has approved any proposed development plan(s). The successful tender must follow the compulsory formal procedures in fulfilling all statutory requirements as applicable before any development of the property can be undertaken.

7.6 Settlement of Disputes

7.6.1 Should the parties fail to resolve any dispute by way of mutual consultation, either party shall be entitled to refer the matter for mediation before an independent and impartial person appointed by the City Manager in accordance with regulation 50(1) of the Local Government: Municipal Finance Management Act, Act 56 of 2003 – Municipal Supply Chain Management Regulations (Notice 868 of 2005). Such referral shall be done by way of notice to the other party. The mediator’s ruling shall become final and binding on the parties only to the extent that it is correctly recorded as being agreed by the parties in writing. Save for reference to any portion of any settlement or decision which has been agreed to be final and binding on the parties, no reference shall be made by or on behalf of either party, in any subsequent court proceedings, to any outcome of an amicable settlement by mutual consultation, or to the fact that any particular evidence was given, or to any submission, statement or admission made in the course of amicable settlement by mutual consultation or mediation.

TENDER 288P/2015/16

41


7.6.2 Persons aggrieved by decisions or actions taken by the City of Cape Town in the implementation of its supply chain management system, may lodge within 14 days of the decision or action, a written objection or complaint or query or dispute against the decision or action.

7.6.3 Objections, complaints, queries and disputes must be submitted in writing to the Manager Statutory Compliance, Office of the City Manager, 20th Floor, Tower Block, Civic Centre, 12 Hertzog Boulevard, Cape Town, or posted to Private Bag X9181, Cape Town, 8000, or faxed to 021 418 5830 or fax 021 500 5963. The contact telephone numbers there are 021 500 2503 or 021 500 3788.

TENDER 288P/2015/16

42


8 GENERAL CONDITIONS OF CONTRACT FOR THE SALE/LEASE OF CITY-OWNED IMMOVABLE PROPERTY BY PUBLIC TENDER

8.1. Definitions

The following terms shall be interpreted in the context of this tender as indicated:

8.1.1 “Closing time” means the date and hour specified in the tender documents for the receipt of tenders.

8.1.2 “Contract” means the written agreement entered into between the CCT and the tenderer, as recorded in the Agreement of Sale/Lessee signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.

8.1.3 “Contractor” or “Succesful tenderer” or “Lessee” means the successful tenderer (the entity to whom the contract has been awarded) in terms of a tender invited by the CCT for the sale by the CCT of any immovable property or other asset.

8.1.4 “Contract price” means the financial offer payable by the Contractor.

8.1.5 “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution.

8.1.6 “Day” means calendar day.

8.1.7 ”Force majeure” means an event beyond the control of the tenderer and not involving the tenderer’s fault or negligence and not foreseeable. Such events may include, but is not restricted to, acts of the CCT in its sovereign capacity, wars or revolutions, fires, floods, epidemics, and quarantine restrictions.

8.1.8 “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of any tenderer, and includes collusive practice among tenderers (prior to or after tender submission) designed to establish tender prices at artificial non-competitive levels and to deprive any tenderer of the benefits of free and open competition.

8.1.9 “GCC” in this context means these General Conditions of Contract.

8.1.10 “Republic” means the Republic of South Africa.

8.1.11 “Seller” or “Lessor” means the Council of the City of Cape Town (also referred to in this document as the City or CCT).

8.1.12 “SCC” means the Special Conditions of Contract applicable to this tender.

8.1.13 “Written” or “in writing” means handwritten in ink or any form of electronic or mechanical writing.

8.2. Application

8.2.1 These general conditions are applicable to tenders for the sale of assets by the CCT, unless otherwise indicated in the tender document.

8.2.2 Where applicable, special conditions of contract are also laid down to cover specific requirements.

8.2.3 Where such special conditions of contract are in conflict with these general conditions, the special conditions shall apply.

8.3. General 8.3.1 The CCT shall not be liable for any expense incurred in the preparation and submission of a

tender. Where applicable the CCT may charge a non-refundable fee for documents. 8.4. Use of documents 8.4.1 Any document submitted as part of this tender shall remain the property of the CCT. 8.4.2 The tenderer shall permit the CCT to inspect the tenderer’s records relating to the performance of the

tenderer and to have them audited by auditors appointed by the CCT, if so required by the CCT.

TENDER 288P/2015/16

43


8.5. Risk and Insurance 8.5.1 Risk in the subject property under the contract shall pass to the succesful tenderer at occupation date

or transfer date, whichever occurs first, from which time the succesful tenderer shall be fully responsible for the maintenance and insurance of the property.

8.6. Payment 8.6.1 The method and conditions of payment to be made under this contract shall be specified by the CCT. 8.6.2 Payment shall be made in South African currency (Rand).

8.7. Contract Amendments 8.7.1 No variation in or modification of the terms of the contract shall be made except by written amendment signed by the parties concernedSuccesful tenderer). 8.8. Assignment 8.8.1 The tenderer shall not assign, in whole or in part, its obligations to perform under the contract, except

with the CCT’s prior written consent. 8.9. Delays in the tenderer’s performance 8.9.1 Performance in terms of the contract shall be made by the tenderer in accordance with the time

schedule prescribed by the CCT. 8.9.2 If at any time during performance in terms of the contract, the tenderer should encounter conditions

impeding timely performance of the tenderer’s obligations, the tenderer shall promptly notify the CCT in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the tenderer’s notice, the CCT shall evaluate the situation and may at its sole discretion extend the tenderer’s time for performance, with or without the imposition of penalties.

8.9.3 Except as provided under GCC Clause 12, a delay by the tenderer in the performance of its

obligations may render the tenderer liable to the imposition of penalties, unless an extension of time is agreed upon pursuant to GCC Clause 8.2 without the application of penalties.

8.10. Penalties 8.10.1 Subject to GCC Clause 12, if the tenderer fails to perform its obligations in terms of the contract within

the period(s) specified by the CCT, the CCT may, without prejudice to its other remedies in law, also consider termination of the contract pursuant to GCC Clause 11.

8.10.2 Potential penalties include the non-consideration of future tender submissions and other restrictions indicated under GCC Clause 11.

8.11. Termination for default 8.11.1 The CCT, without prejudice to any other remedy for breach of contract, by written notice of default sent to the tenderer, may terminate this contract in whole or in part:

(a) if the tenderer fails to perform its obligations within the period(s) specified in the contract, or within any extension thereof granted by the CCT pursuant to GCC Clause 8.2; or

(b) if the tenderer, in the opinion of the CCT, has engaged in corrupt or fraudulent practices in competing for or in executing the contract.

8.11.2 Failure to comply with the standards and Specification as set out in the tender document shall

constitute a material breach and the CCT reserves the right to cancel the Contract in any such event. 8.11.3 In the event the CCT terminates the contract in whole or in part, the CCT may procure, upon

such terms and in such manner as it deems appropriate, an alternative contract for the sale of the property, and the tenderer shall be liable to the CCT for any excess costs incurred by the CCT be reason of such action. However, if so instructed by the CCT the tenderer shall continue performance of the contract to the extent not terminated.

TENDER 288P/2015/16

44


8.11.4 Where the CCT terminates the contract in whole or in part, the CCT may take such default by the

tenderer into account in the consideration of future tenders, and may in addition decide to impose a restriction penalty on the tenderer by prohibiting such tenderer from doing business with the public sector for a period not exceeding 10 years.

8.11.5 If the CCT intends imposing a restriction penalty on a tenderer or any person associated with the

tenderer, the tenderer will be allowed a time period of not more than fourteen (14) days to provide reasons why the envisaged restriction should not be imposed. Should the tenderer fail to respond within the stipulated fourteen (14) days the CCT may regard the intended penalty as not objected against and may impose it on the tenderer.

8.11.6 Any restriction penalty imposed on any person by the Accounting Officer of the CCT will, at the

discretion of the Accounting Officer, also be applicable to any other enterprise or any partner, manager, director or other person who wholly or partly exercises or exercised or may exercise control over the enterprise of the first-mentioned person, and with which enterprise or person the first-mentioned person, is or was in the opinion of the Accounting Officer actively associated.

8.11.7 If a restriction penalty is imposed, the CCT must, within five (5) working days of such imposition,

furnish the National Treasury, with the following information: (i) the name and address of the tenderer and / or person restricted by the CCT; (ii) the date of commencement of the restriction (iii) the period of restriction; and (iv) the reasons for the restriction.

These details will be loaded in the National Treasury’s central database of tenderers or persons

prohibited from doing business with the public sector. 8.11.8 If a court of law convicts a person of an offence as contemplated in sections 12 or 13 of the Prevention

and Combating of Corrupt Activities Act, No. 12 of 2004, the court may also rule that such person’s name be endorsed on the Register for Tender Defaulters. When a person’s name has been endorsed on the Register, the person will be prohibited from doing business with the public sector for a period not less than five years and not more than ten years. The National Treasury is empowered to determine the period of restriction and each case will be dealt with on its own merits. According to section 32 of the Act the Register must be open to the public. The Register can be perused on the National Treasury website.

8.12. Force Majeure 8.12.1 Notwithstanding the provisions of GCC Clauses 10 and 11, the tenderer shall not be liable for damages for default if and to the extent that its delay in performance or other failure to perform its obligations under the contract is the result of an event of force majeure. 8.12.2 If a force majeure situation arises, the tenderer shall promptly notify the CCT in writing of such condition and the cause thereof. Unless otherwise directed by the CCT in writing, the tenderer shall continue to perform its obligations under the contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the force majeure event. 8.12.3 The CCT may however at its sole discretion terminate the contract by giving written notice to the

tenderer in the event of a force majeure situation that prevents a tenderer from performing its obligations under the contract if in the view of the CCT such a situation could last for more than 30 days.

TENDER 288P/2015/16

45


8.13 Termination for insolvency 8.13.1 The CCT may at any time terminate the contract by giving written notice to the tenderer if the tenderer becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the tenderer, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the CCT. 8.14. Settlement of Disputes 8.14.1 If any dispute or difference of any kind whatsoever arises between the CCT and the tenderer in connection with or arising out of the contract, the parties shall make every effort to resolve amicably such dispute or difference by mutual consultation. 8.14.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual consultation, then either the CCT or the tenderer may give notice to the other party of his intention to commence with mediation. No mediation in respect of this matter may be commenced unless such notice is given to the other party. 8.14.3 Should it not be possible to settle a dispute by means of mediation, it may be settled in a South African court of law. 8.14.4 Mediation proceedings shall be conducted in accordance with the rules of procedure specified in the SCC. 8.14.5 Notwithstanding any reference to mediation and/or court proceedings herein,

(a) the parties shall continue to perform their respective obligations under the contract unless they otherwise agree; and

(b) the CCT shall pay the tenderer any monies due the tenderer. 8.15. Limitation of Liability 8.15.1 Except in cases of criminal negligence or wilful misconduct, and in the case of infringement of patent rights;

(a) the tenderer shall not be liable to the CCT, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the tenderer to pay penalties and/or damages to the CCT; and

(b) the aggregate liability of the tenderer to the CCT, whether under the contract, in tort or otherwise, shall not exceed the total contract price, provided that this limitation shall not apply to the cost of repairing or replacing defective assets.

8.16. Governing language 8.16.1 The Succesful tenderer and the CCT elect that the contract shall be written in English. All correspondence and other documents pertaining to the contract that is exchanged by the arties shall also be written in English. 8.17. Applicable Law 8.17.1 The contract shall be interpreted in accordance with South African laws. 8.18. Taxes and Duties 8.18.1 A tenderer shall be entirely responsible for all taxes, stamp duties, license fees, and other such levies imposed. 8.18.2 No contract shall be concluded with any tenderer whose tax matters are not in order. Prior to the award of a contract the CCT must be in possession of a tax clearance certificate, submitted by the tenderer. This certificate must be an original printed document issued by the South African Revenue Service.

TENDER 288P/2015/16

46


8.19 Prohibition of Restrictive practices 8.19.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, an agreement between, or concerted practice by, firms, or a decision by an association of firms, is prohibited if it is between parties in a horizontal relationship and if a tenderer(s) is/are or a contractor(s) was/were involved in collusive tendering (or tender rigging). 8.19.2 If any tenderer(s), based on reasonable grounds or evidence obtained by the CCT, has/have engaged in the restrictive practice referred to above, the CCT may refer the matter to the Competition Commission for investigation and possible imposition of administrative penalties as contemplated in the Competition Act No. 89 of 1998. 8.19.3 If any tenderer(s), has/have been found guilty by the Competition Commission of the restrictive

practice referred to above, the CCT may, in addition and without prejudice to any other remedy provided for, invalidate the tender(s) for such item(s) offered, and/or terminate the contract in whole or part, and/or restrict the tenderer(s) or contractor(s) from conducting business with the public sector for a period not exceeding ten (10) years and/or claim damages from the tenderer(s) or contractor(s) concerned.

TENDER 288P/2015/16

47


SUPPORTING SCHEDULES INCLUDING DECLARATIONS AND CERTIFICATIONS

Schedule 1: Resolution by Directors / Members / Trustees / Office Bearers

RESOLUTION for completion by directors (if the tenderer is a (Pty) Ltd or Ltd), or members (if the tenderer is a CC), or trustees if the tenderer is a registered trust, or office bearers if the tenderer is a registered non-

governmental organisation, non-profit organisation, or a public benefit organisation (a religious organisation)

RESOLUTION by directors / members / trustees / governing office bearers of

____________________________________________________________________________ (NAME OF TENDERER)

Held at ____________________________________________ (place) On _______________________________________________ (date) RESOLVED THAT:

The Tenderer submits a tender to the City of Cape Town in respect of TENDER NO: 288P/2015/16:

PURCHASE AND LEASE OF ERF 468 CLIFTON, A PORTION OF REMAINDER ERF 148 CLIFTON, PORTIONS OF REMAINDER ERF 345 CLIFTON, AND A PORTION OF REMAINDER ERF 4 CAMPS

BAY, FOR THE REDEVELOPMENT OF SPORTS AND RECREATION FACILITIES, THE DEVELOPMENT OF RESIDENTIAL OPPORTUNITIES, A PARKING GARAGE, RETAIL FACILITIES,

AND USES ANCILLARY TO THESE FACILITIES

1. Mr/Mrs/Ms _______________________________________________ in his/her capacity as ______________________________________________ and who will sign as follows:

_____________________________ (SPECIMEN SIGNATURE)

be, and is hereby, authorised to sign the tender and any and all other documents and/or correspondence in connection with and relating to the tender, as well as to sign any contract, and/or all documentation resulting from the award of the contract to the Tenderer.

Note: The resolution must be signed by the appropriately delegated directors or members / partners / trustees / office bearers of the Tenderer. If the space provided below is not sufficient for all of those to sign, please attach a separate sheet to this tender document in the same format.

Name Capacity Signature

1

2

3

4

5

6

If the Tenderer is a company or close corporation, please attach a complete copy of the latest REGISTRATION CERTIFICATE issued by CIPC (the Companies and Intellectual Property Commission) showing the same name of the Tenderer as recorded in this tender offer.

TENDER 288P/2015/16

48


Schedule 2: Certificate of Authority for Partnership / Consortium / Joint Venture

(FOR PROPERTY PURCHASE TENDERS)

1. Names and registration / identity numbers (as applicable) of the Joint Venture (“JV”) / Consortium Partners:

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________ 2. The JV / Consortium shall carry on business under the name:

______________________________________________________________________________ (NAME BY WHICH THE JV / CONSORTIUM SHALL BE KNOWN)

3. Lead Partner

The JV/Consortium/Partnership partners hereby nominate the following partner as its “Lead Partner” for the purposes of this contract. The Lead Partner shall be responsible for the financial administration of the contract on behalf of the JV/Consortium/Partnership and will correspond, receive instructions, make/receive payment/s on behalf of the JV/Consortium/partnership, etc:

___________________________________________________________________________ (NAME OF THE PARTNER WHO WILL ACT AS LEAD PARTNER

4. A copy of the Joint Venture Agreement / Deed of Partnership is appended to this tender document.

5. Contribution of Members

Please show the percentage of the tendered value contributed by the partners (for possible evaluation purposes):

Names of Partners % of Ownership/

Contribution

Total Ownership 100%

6. Warranty

The JV/Consortium hereby warrants that the tender submitted is in accordance with the main business and objectives of the JV/Consortium.

TENDER 288P/2015/16

49


7. Banking Details

The JV/Consortium hereby confirms that the following are the details of the bank account of the Lead Partner:

Account Holder: ____________________________________________________________

Financial Institution: ____________________________________________________________

Branch Code: _________________________________

Account No.: ____________________________________________________________

The JV/Consortium partners hereby agree that in the event that there is a change in the JV/consortium/Partnership and/or should a dispute arise between the JV/Consortium partners, that the aforesaid bank account shall be used for the purposes of this contract until such time as the CCT is presented with a Court Order or an original agreement (signed by each and every partner of the JV/Consortium/Partnership) notifying the CCT of the details of the new bank account.

8. Joint and Several Liability of Partnership/JV/Consortium partners

The Partnership/JV/Consortium partners hereby agree that they shall be jointly and severally liable to the CCT for the due and proper fulfilment by the Tenderer of its obligations in terms of the contract as well as any damages suffered by the CCT as a result of breach by the Tenderer. The JV/Consortium partners hereby renounce the benefits of excussion and division.

Signatures of partners:

THUS DONE AND SIGNED

at …………………………………………….. on the ………. day of ……………….………… 20….. (PLACE) (DATE) (MONTH) (YEAR)

____________________________ ____________________________________________ SIGNATURE FULL NAMES OF PERSON SIGNING

IDENTITY NUMBER: ______________________________________________

On behalf of the partner (duly authorised) _________________________________________________________ (NAME OF J/V PARTNER – COMPANY, CLOSE CORPORATION, - AS APPLICABLE)


IDENTITY NUMBER: ______________________________________________

On behalf of the partner (duly authorised) __________________________________________________________ (NAME OF J/V PARTNER – COMPANY, CLOSE CORPORATION, - AS APPLICABLE)


IDENTITY NUMBER: ______________________________________________

On behalf of the partner (duly authorised) __________________________________________________________ (NAME OF J/V PARTNER – COMPANY, CLOSE CORPORATION, - AS APPLICABLE)

TENDER 288P/2015/16

50


Schedule 3: Declaration in terms of Regulation 21(d) – Transaction Value Exceeding R10 million


If the value of the transaction is expected to exceed R10 million (VAT included) the tenderer shall complete

the following questionnaire, attach the necessary documents and sign this schedule:

1. Are you by law required to prepare annual financial statements for auditing? (Please mark with X)

YES NO

1.1 If YES, submit audited annual financial statements:

(i) for the past three years, or

(ii) since the date of establishment of the tenderer (if established during the past three years)

By attaching such audited financial statements to Schedule 10.

2. Do you have any outstanding undisputed commitments for municipal services towards the CCT or other

municipality in respect of which payment is overdue for more than 30 (thirty) days? (Please mark with X)

YES NO

2.1 If NO, this serves to certify that the tenderer has no undisputed commitments for municipal

services towards any municipality for more than three (3) (three) months in respect of which

payment is overdue for more than 30 (thirty) days.

2.2 If YES, provide particulars:

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

3. Has any contract been awarded to you by an organ of state during the past five (5) years? (Please mark

with X)

YES NO

TENDER 288P/2015/16

51


3.1 If YES, insert particulars in the table below including particulars of any material non-

compliance or dispute concerning the execution of such contract. Alternatively attach the

particulars to Schedule 10 in the same format as the table below:

Organ of State Contract Description Contract

Period

Non-compliance/dispute

(if any)

The Tenderer hereby certifies that the information set out in this Schedule and/or attached thereto is true and correct and acknowledges that failure to properly and truthfully complete the schedule may result in the tender being disqualified and/or in the event that the Tenderer is successful, cancellation of contract.

_______________________________ _____________________________ SIGNATURE DATE

________________________________________________ PLEASE PRINT FULL NAMES OF PERSON SIGNING On behalf of the tenderer (duly authorised)

TENDER 288P/2015/16

52


Schedule 4: Declaration of Interest – State Employees MBD 04

This declaration must be completed by all tenderers. In the case of a partnership, consortium or joint venture, a separate declaration in respect of each partner

must be completed and submitted.

1. No bid will be accepted from persons in the service of the state¹.

2. Any person, having a kinship with persons in the service of the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid. In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons connected with or related to persons in service of the state, it is required that the tenderer or their authorised representative declare their position in relation to the evaluating/adjudicating authority.

3 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.

3.1 Full Name of tenderer or his or her representative: ……..…………………..…………………….

3.2 Identity Number: …………………………………………………………………………………. 3.3 Position occupied in the Company (director, trustee, shareholder²): …………………..………………….. 3.4 Company or Close Corporation Registration Number: ……………………………………………………… 3.5 Tax Reference Number: ………………………………………………………………………… 3.6 VAT Registration Number: ……………………………………………………………………… 3.7 The names of all directors / trustees / shareholders members, their individual identity numbers and

state employee numbers must be indicated in paragraph 4 below. 3.8 Are you at present in the service of the state? YES / NO 3.8.1 If yes, furnish particulars: ………………………...………………………………..…………………………… ……………………………………………………………………………………………………………………………… 3.9 Have you been in the service of the state for the past twelve months? YES / NO 3.9.1 If yes, furnish particulars: .………………………...………………………………..…………………………… ……………………………………………………………………………………………………………………………… 3.10 Do you have any relationship (family, friend, other) with persons in the service of the state and who may be involved with the evaluation and or adjudication of this bid? YES / NO 3.10.1 If yes, furnish particulars: …………………………...………………………………..………………………… ………………………………………………………………………………………………………………………………

3.11 Are you aware of any relationship (family, friend, other) between any other tenderer and any persons in the service of the state who may be involved with the evaluation and or adjudication of this bid? YES / NO 3.11.1 If yes, furnish particulars: ………………………...………………………………..…………………………… ……………………………………………………………………………………………………………………………… 3.12 Are any of the company’s directors, trustees, managers, principal shareholders or stakeholders in service of the state? YES / NO

3.12.1 If yes, furnish particulars: ………………………...………………………………..……………………………

………………………………………………………………………………………………………………………………

TENDER 288P/2015/16

53


3.13 Are any spouse, child or parent of the company’s directors, trustees, managers, principal shareholders or stakeholders in service of the state? YES / NO 3.13.1 If yes, furnish particulars: ………………………...………………………………..…………………………… ……………………………………………………………………………………………………………………………… 3.14 Do you or any of the directors, trustees, managers, principal shareholders, or stakeholders of this company have any interest in any other related companies or business whether or not they are bidding for this contract? YES / NO 3.14.1 If yes, furnish particulars: ………………………...………………………………..…………………………… ……………………………………………………………………………………………………………………………… 4. Full details of directors / trustees / members / shareholders.

Full Name Identity Number State Employee Number

The tenderer hereby certifies that the information set out in this schedule and/or attached thereto is true and correct, and acknowledges that failure to properly and truthfully complete this schedule may result in the tender being disqualified, and/or (in the event that the tenderer is successful) the cancellation of the contract.

____________________________ ____________________________________________ SIGNATURE PLEASE PRINT FULL NAMES OF PERSON SIGNING

On behalf of the tenderer (duly authorised) __________________________________ DATE

¹MSCM Regulations: “in the service of the state” means to be – (a) a member of – (i) any municipal council; (ii) any provincial legislature; or (iii) the national Assembly or the national Council of provinces; (b) a member of the board of directors of any municipal entity; (c) an official of any municipality or municipal entity; (d) an employee of any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No.1 of 1999); (e) a member of the accounting authority of any national or provincial public entity; or (f) an employee of Parliament or a provincial legislature. ² Shareholder” means a person who owns shares in the company and is actively involved in the management of the company or business and exercises control over the company.

TENDER 288P/2015/16

54


Annexure to Declaration of Interest – State Employees Please provide these details, if applicable

Record: IN SERVICE OF THE STATE

Indicate, by marking the relevant boxes with a cross, if any individual, sole proprietor, partner in a partnership / consortium / joint venture, or director, manager, principal shareholder or stakeholder in a company, or member of a close corporation, is currently or has within the last 12 months been in the service of any of the following:

a member of any municipal council a member of any provincial legislature a member of the National Assembly or the

National Council of Provinces a member of the board of directors of any

municipal entity an official of any municipality or municipal

entity

an employee of any provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, Act 1 of 1999

a member of an accounting authority of any national or provincial public entity

an employee of Parliament or a provincial legislature

If any of the above boxes are marked, disclose the following*:

Name of individual, sole proprietor,

partner, director, manager, principal

shareholder or stakeholder or member

Identity Number Name of institution, public

office, board or organ of state and position held

Status of service (tick appropriate

column)

Current Within last 12 months

*attach separate page if necessary

Record: SPOUSES, CHILDREN OR PARENTS IN THE SERVICE OF THE STATE

Indicate, by marking the relevant boxes with a cross, if any spouse, child or parent of an individual, a sole proprietor, partner in a partnership / consortium / joint venture, or director, manager, principal shareholder or stakeholder in a company, or member of a close corporation, is currently or has within the last 12 months been in the service of any of the following:

a member of any municipal council a member of any provincial legislature a member of the National Assembly or

the National Council of Provinces a member of the board of directors of

any municipal entity an official of any municipality or

municipal entity

an employee of any provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, Act 1 of 1999

a member of an accounting authority of any national or provincial public entity

an employee of Parliament or a provincial legislature

Name of spouse, child or parent

Identity number Name of institution, public office, board or organ of state and position held

Status of service (tick appropriate column)

Current Within last 12 months

*attach separate page if necessary

TENDER 288P/2015/16

55


Schedule 5: Conflict of Interest Declaration

1. The tenderer shall declare whether it has any conflict of interest in the transaction for which the tender

is submitted. (Please mark with X)

YES NO

1.1 If yes, the tenderer is required to set out the particulars in the table below:

2. The tenderer shall declare whether it has directly or through a representative or intermediary

promised, offered or granted:

2.1 any inducement or reward to the CCT for or in connection with the award of this contract; or

a. any reward, gift, favour or hospitality to any official or any other role player involved in the

implementation of the supply chain management policy. (Please mark with X)

YES NO

If yes, the tenderer is required to set out the particulars in the table below:

Should the tenderer be aware of any corrupt or fraudulent transactions relating to the procurement

process of the City of Cape Town, please contact the following:

[email protected]

or

the City’s anti-corruption hotline at 0800 32 31 30 (toll free)

The tenderer hereby certifies that the information set out in this schedule and/or attached hereto is true and

correct, and acknowledges that failure to properly and truthfully complete this schedule may result in steps

being taken against the tenderer, the tender being disqualified, and/or (in the event that the tenderer is

successful) the cancellation of the contract and/or steps in terms of the Abuse Policy.

_______________________________ _____________________________ SIGNATURE DATE



TENDER 288P/2015/16

56


Schedule 6: Declaration of Tenderer’s

Past Supply Chain Management Practices MBD 8

Where the entity tendering is a partnership, consortium or joint venture, each party to the partnership / consortium / joint venture must sign a declaration in terms of the

Municipal Finance Management Act, Act 56 of 2003, and attach it to this tender. 1 The bid of any Tenderer may be rejected if that Tenderer or any of its directors / members have:

a. abused the municipality’s / municipal entity’s supply chain management system or committed any improper conduct in relation to such system;

b. been convicted for fraud or corruption during the past five years;

c. willfully neglected, reneged on or failed to comply with any government, municipal or other public sector contract during the past five years; or

d. been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004).

2 In order to give effect to the above, the following questionnaire must be completed and

submitted with the bid.

Item Question Yes No

2.1 Is the tenderer or any of its directors listed on the National Treasury’s Database of Restricted Suppliers as companies or persons prohibited from doing business with the public sector? (Companies or persons who are listed on this Database were informed in writing of this restriction by the Accounting Officer/Authority of the institution that imposed the restriction after the audi alteram partem rule was applied). The Database of Restricted Suppliers now resides on the National Treasury’s website (www.treasury.gov.za) and can be accessed by clicking on its link at the bottom of the home page.

Yes

No

2.1.1 If so, furnish particulars:

2.2 Is the tenderer or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? The Register for Tender Defaulters can be accessed on the National Treasury’s website (www.treasury.gov.za) by clicking on its link at the bottom of the home page.

Yes

No


http://www.treasury.gov.za/

http://www.treasury.gov.za/

TENDER 288P/2015/16

57


Item Question Yes No

2.3 Was the tenderer or any of its directors convicted by a court of law (including a court of law outside the Republic of South Africa) for fraud or corruption during the past five years?

Yes

No


2.4 Does the tenderer or any of its directors owe any municipal rates and taxes or municipal charges to the municipality / municipal entity, or to any other municipality / municipal entity, that is in arrears for more than three months?

Yes

No


2.5 Was any contract between the tenderer and the municipality / municipal entity or any other organ of state terminated during the past five years on account of failure to perform on or comply with the contract?

Yes

No


The Tenderer hereby certifies that the information set out in this schedule and/or attached thereto is true and correct, and acknowledges that failure to properly and truthfully complete this schedule may result in the tender being disqualified, and/or (in the event that the tenderer is successful) the cancellation of the contract.

____________________________ ____________________________________________ SIGNATURE PLEASE PRINT FULL NAMES OF PERSON SIGNING On behalf of the tenderer (duly authorised) __________________________________ DATE

TENDER 288P/2015/16

58


Schedule 7: Declaration in terms of Regulation 38(1)(d)(i) –

Municipal Rates and Charges Owed, and Authorisation to Deduct Amounts Due to City of Cape Town

The Tenderer, _______________________________________________________________ (Name of Tenderer)

a) hereby acknowledges that according to SCM Regulation 38(1)(d)(i) the City Manager may reject the tender of the tenderer if any municipal rates and taxes or municipal service charges owed by the Tenderer or any of its directors/members/partners to the City of Cape Town, or to any other municipality or municipal entity, are in arrears for more than 3 (three) months; and

b) therefore hereby agrees and authorises the City of Cape Town to deduct the full amount outstanding by the tenderer or any of its directors/members/partners from any payment due to the tenderer; and

c) confirms the following information for the purpose of giving effect to b) above; d) hereby certifies that the information set out in this schedule and/or attached thereto is true and correct.

The tenderer acknowledges that failure to properly and truthfully complete this schedule may result in the tender being disqualified, and/or (in the event that the tenderer is successful) the cancellation of the contract.

Physical Business address(es) of the Tenderer Municipal Account number(s)

If there is not enough space for all the names, please attach the information to this tender document in the same format:

Name of Director / Member /

Partner Identity Number

Physical residential address of Director / Member / Partner

Municipal

Account number(s)

The Tenderer hereby certifies that there are no municipal rates and taxes or municipal service charges owed by the Tenderer or any of its directors to the municipality or municipal entity, or to any other municipality or municipal entity, that are in arrears for more than three months.

_______________________________ _____________________________ SIGNATURE DATE


TENDER 288P/2015/16

59


Schedule 8: Certificate of Independent Bid/Tender Determination


I, the undersigned, in submitting this tender in response to the tender invitation made by THE CITY OF CAPE TOWN, TENDER NO: 288P2015/16 PURCHASE AND LEASE OF ERF 468 CLIFTON, A PORTION OF REMAINDER ERF 148 CLIFTON, PORTIONS OF REMAINDER ERF 345 CLIFTON, AND A PORTION OF REMAINDER ERF 4 CAMPS BAY, FOR THE REDEVELOPMENT OF SPORTS AND RECREATION FACILITIES, THE DEVELOPMENT OF RESIDENTIAL OPPORTUNITIES, A PARKING GARAGE, RETAIL FACILITIES, AND USES ANCILLARY TO THESE FACILITIES

do hereby make the following statements which I certify to be true and complete in every respect. I certify, on behalf of: ___________________________________________________________

(NAME OF TENDERER) That: 1. I have read and I understand the contents of this Certificate; 2. I understand that this tender will be disqualified if this Certificate is found not to be true and complete

in every respect; 3. I am authorized by the Tenderer to sign this Certificate, and to submit this tender, on behalf of the Tenderer; 4. Each person whose signature appears on this tender has been authorized by the Tenderer to

determine the terms of, and to sign, the tender, on behalf of the Tenderer; 5. For the purposes of this Certificate and this tender, I understand that the word “competitor” shall

include any individual or organization, other than the Tenderer, whether or not affiliated with the Tenderer, who: (a) has been requested to submit a tender in response to this tender invitation; (b) could potentially submit a tender in response to this tender invitation, based on their

qualifications, abilities or experience; and (c) is in the same line of business as the Tenderer.

6. The Tenderer has arrived at this tender independently from, and without consultation, communication, agreement or arrangement with any competitor. However communication between partners in a joint venture or consortium* will not be construed as collusive price quoting. (* Consortium: Joint Venture or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract.)

7. In particular, without limiting the generality of paragraphs 5 and 6 above, there has been no consultation, communication, agreement or arrangement with any competitor regarding: (a) prices/rentals; (b) geographical area (market allocation); (c) methods, factors or formulas used to calculate prices/rentals; (d) the intention or decision to submit, or not to submit, a tender; (e) the submission of a tender which does not meet the conditions of the tender; or (f) tendering with the intention not to win the contract.

8. In addition, there have been no consultations, communications, agreements or arrangements with any competitor regarding the conditions or particulars to which this tender invitation relates.

9. The terms of this tender have not been, and will not be, disclosed by the Tenderer, directly or indirectly, to any competitor, prior to the date and time of the official tender opening or of the awarding of the contract.

10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive practices related to tenders and contracts, tenders that are suspicious will be reported to the Competition Commission for investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act No. 89 of 1998 and/or may be reported to the National Prosecuting Authority (NPA) for criminal investigation and/or may be restricted from conducting business with the public sector for a period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No. 12 of 2004 or any other applicable legislation.

_______________________________ _____________________________ SIGNATURE DATE


TENDER 288P/2015/16

60


Schedule 9: Organisation’s Current Office-Bearers

[Please complete this Schedule only if applicable, or mark it Not Applicable]

Where a Tender/Proposal is submitted by an entity that is a registered non-governmental organisation, non-profit organisation, or a public benefit organisation (a religious organisation), the tenderer must provide full details of the entity’s office bearers. An Organisation’s Current Office Bearers are those persons who hold positions of authority and responsibility within the Organisation. These are normally the members of your Governing Board or Controlling Committee. If this form does not have enough spaces for all your office bearers, please add the other details on a sheet of paper in this format, and attach it to this tender submission. At least two office bearers must be nominated as official Contact Persons for the purposes of this tender.

PARTICULARS OF OFFICE-BEARERS

Nominated Tender Contact Persons for the organisation

Personal Title: (Ms/Mrs/Mr/Rev/Dr/Prof etc)

Office-Bearer Title: (Capacity in Organisation)

Name(s)

Surname

Identity Number

Postal address


Work street address


Work Telephone

Cellphone number

e-mail address

Home street address


Home Telephone

TENDER 288P/2015/16

61


PARTICULARS OF OFFICE-BEARERS

Personal Title: (Ms/Mrs/Mr/ Rev/Dr/Prof etc)


Name(s)

Surname

Identity Number

Postal address


Work street address


Work Telephone

Cellphone number

e-mail address

Home street address


Home Telephone

Personal Title: (Ms/Mrs/Mr/ Rev/Dr/Prof etc)


Name(s)

Surname

Identity Number

Postal address


Work street address


Work Telephone

Cellphone number

e-mail address

Home street address


Home Telephone

(Additional information in the above format may be attached behind this tender document)

TENDER 288P/2015/16

62


Schedule 10: Record of Tenderer’s Addenda to Tender Document

The Tenderer has attached the following additional documentation to this Schedule:

Date of Document

Title or Description of Document

1

Original and currently valid Tax Clearance Certificate showing the correct name of the Tenderer (or of each partner, in the case of a partnership); or in the case of a Non-Profit Organisation an original notification from the SA Revenue Service (SARS) to confirm that the Tenderer is approved by SARS as a Public Benefit Organisation (PBO)

2

If the Tenderer is a company or close corporation, a complete copy of the latest Registration Certificate issued by CIPC (the Companies and Intellectual Property Commission) showing the same name of the Tenderer as recorded in this tender offer (or of each partner, in the case of a partnership / joint venture). In addition, a copy of the identity document first page showing the full name and identity number of each CC member or managing shareholder (person who owns shares in the company and is actively involved in the management of the company or business, and currently exercises control over the company).

3

If the Tenderer is an individual or sole trader, a copy of the latest identity document first page showing the full name and identity number (in the case of a partnership, joint venture or consortium, a copy of each member/partner’s identity document as well as a copy of the JV/Partnership agreement).

4

If the Tenderer is a Non-Profit Organisation (NPO), a complete copy of the latest Registration Certificate issued by the relevant registration authority showing the same name of the Tenderer as in this tender, and a copy of the NPO's Founding Document (constitution / articles of association) or Memorandum of

Incorporation (MOI), narrative report and a copy of each Office-Bearer’s identity document.

5

6

7

8

Please attach additional pages in this format if more space is required.

_______________________________ _____________________________ SIGNATURE DATE


PLEASE ATTACH YOUR ANNEXURES AFTER THIS PAGE

TENDER DOCUMENT - Microsoft

Documents

Transcript of TENDER DOCUMENT - Microsoft