Ecology Assessment and nvironmental delianation study on ...

ECONOMIC DEVELOPMENMT UNIT

Ref :7N-3780 01 September 2021

To : 1. Manager : Tenders and Contract coordination

2. Legal Services

PLEASE ARRANGE TO ADVERTISE THE UNDERMENTIONED CONTRACT

Contract Number :

7N-3780

Description : Ecology Assessment and Environmental delianation

study on Portion 4 of Erf 205 Sunnyside Park, Adams

Mission

:

:

Advertising Date : Wednesday 01 September 2021

Closing Date for Tenders : Wednesday 15 September 2021

Non-refundable Tender Charge

(bank guaranteed cheques or

cash only). Tick one

: R 200,001 - R 1,000,000

R 100 R 1,000,001 - R 250

R 5,000,001 - R 10 000,000 R 500 above R 10,000,000 R 1,000

Tender Documents are :

obtainable from : Economic Development Unit, 11 Floor Rennie House, 41 Margaret Mncadi

Avenue (former Victoria Embankment)

Download from http://www.durban.gov.za/Resource

Centre/Tenders/Pages/default.aspx or can be requested on email from:

[email protected]

Technical / General Enquiries to : Ms Sthembile Khumalo Telephone - 031 322 8786

Date : N/A

Site

Inspection Venue : N/A

:

TENDERERS MUST MAKE NOTE OF THE FOLLOWING : (delete non-applicable)

• Attendance at the clarification meeting and site inspection is compulsory if applicable and tenders will not be

considered from tenderers who do not attend.

• Only those tenderers who are registered and active with the eThekwini vendor portal at time of close of tenders

will be eligible to submit tenders. It is estimated that tenderers should have a CSD registration.

• Tender documents must be collected no later than 3 days prior to close of tender.

TENDER ADVERT

mailto:[email protected]

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TENDER NUMBER:

PQ: 7N-3780

ETHEKWINI MUNICIPALITY

ECONOMIC DEVELOPMENT AND PLANNING CLUSTER

CONTRACT: PQ- 7N-3780

TERMS OF REFERENCE: ECOLOGY ASSESSMENT AND ENVIRONMENTAL DELIANATION

STUDY ON PORTION 4 OF ERF 205 SUNNYSIDE PARK, ADAMS MISSION.

FOR OFFICIAL USE ONLY Tenderer Name :

CIDB Registered - Y N VAT Registered - Y N

Price (excl)

VAT

Price (incl)

Submitted

Corrected

NOTE: SEALED PROPOSALS (INCLUDING ALL REQUIRED DOCUMENTATION) ARE TO BE HAND

DELIVERED AND DEPOSITED INTO THE TENDER BOX AT THE RECEPTION AREA, CORPORATE

PROCUREMENT (MATERIALS MANAGEMENT), ARCHIE GUMEDE PLACE, (FORMERLY OLD FORT

PLACE, DURBAN, 4001 BEFORE 11H00 ON THE 15 SEPTEMBER 2021. ALL ENVELOPES MUST BE

CLEARLY MARKED.

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TENDER NUMBER:

PQ: 7N-3780

DOCUMENTS PERTAINING TO THIS QUOTATION

A) This Quotation Document

1) Quotation Form ..........................................................................................................................

2) Annexure A: Schedule of Previous Work .................................................................................

3) Annexure B: Declaration of Municipal fees ............................................................................

4) Annexure C : Declaration of Interest .......................................................................................

5) Annexure D : Supplier Database Accreditation Application forms ...................................

6) Conditions of Quotation and Contract ……………………………………………………

7) Project Scope and Deliverables…………… ......................... ……………………………………

8) Functionality Assessment……………………………………………………………

9) Requirements for Submission………………………………………

NB

B) Other Documentation Pertaining to this Quotation: Available on Request

1) Application for Registration on the eThekwini Municipality Procurement

Directory (Supplier / Contractor / Service Provider)Materials Management Branch

2) Application for Targeted Enterprise Status ............. Materials Management Branch

3) Targeted Procurement Policy (July 2003) ............... Materials Management Branch

4) Code of Conduct ...................................................... Materials Management Branch

5) Participation and Conditions Pertaining to Targeted Procurement ......... Materials

Management Branch

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TENDER NUMBER:

PQ: 7N-3780

Q U O T A T I O N F O R M

7N-3780: ECOLOGY ASSESSMENT AND ENVIRONMENTAL DELIANATION STUDY ON PORTION 4 OF

ERF 205 SUNNYSIDE PARK, ADAMS MISSION.

I / We the undersigned hereby offer to carry out the above-mentioned work and to supply all

the requisite materials and workmanship of the best description, according to the Conditions

of Quotation, the true intent and meaning of the drawings, and Bill of Quantities, and the

Specification for the sum of :-

REGISTERED VAT VENDOR NON-REGISTERED VAT VENDOR

AMOUNT OF TENDER : R ......................................

+ 15% V.A.T. : R ......................................

TOTAL TENDER SUM : R ...................................... R ......................................

AMOUNT IN WORDS : ......................................................................................... RAND

.......................................................................................... CENTS

I / We agree to complete the whole of the work in every respect to the satisfaction of the

Head: Economic Development & Investment Promotion within four (4) months from date

of appointment.

Validity Period of Quotation: 12 Weeks from Closing Date

Signature : …………………………………. Date : ……………………………...

Full Name (Block Letters) …………………………………………………………………………………..

Designation : ………………………………………………………………………………….

Name of Firm (Block Letters): …………………………………………………………………………………..

Address: ……………………………………………………………………………………..

: ……………………………………………………………………………………..

Telephone Number : …………………………………. Fax : ……………………………...

Cell Number : …………………………………………………………………………………..

VAT Registered Vendor : Yes / No (Delete non-applicable) VAT Reg. No.: .......................

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TENDER NUMBER:

PQ: 7N-3780

EVALUATION OF TENDER OFFERS

The procedure for evaluation of responsive Tender Offers will be in accordance with the

eThekwini Municipality’s revised Procurement Policy that was adopted by full council on

30 July 2003 and the Participation and Conditions Pertaining to Targeted Procurement

(as revised by Council), the Preferential Procurement Policy Framework Act No 5 of 2000,

and the Preferential Procurement Policy Framework Act Regulations (2017).

a) Financial offer points (N(FO)) will be scored using the following formula (80

maximum):

• N(FO) = 80 x (1 + ( P – Pm) / Pm )

where P is the comparative quotation offer under consideration; and Pm is the

comparative

quotation offer of the most favourable comparative quotation offer, and

b) Preference points (N(P)) will be awarded for preference to Organizations who

attain the BBBEE status level of contributor in accordance with the table below (20

maximum):

B-BBEE Status Level of

Contributor

N(P)

(max 20)

B-BBEE Status Level of

Contributor

N(P)

(max 20)

1 20 5 8

2 18 6 6

3 16 7 4

4 12 8 2

Non-Compliant Contributor 0

A full listing of conditions for the awarding of preference points is found under

Clause 11 of the PPPFA Regulations (2017).

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TENDER NUMBER:

PQ: 7N-3780

c) Quality points (N(Q)) will be scored based on the following criteria (100

maximum):

Quality shall be scored independently by not less than three evaluators. Each evaluation

criteria will be assessed in terms of five indicators - no response, poor, satisfactory, good and

very good. Scores of 0, 40, 70, 90 or 100 will be allocated respectively. The scores of each of

the evaluators will be averaged, weighted, and then totalled to obtain the final score for

quality (N(Q)).

Failure to score a minimum of 70 (satisfactory) out of 100 points for quality will render a

quotation offer nonresponsive.

Quality criteria Max No of points

Experience of tendering firm in conducting feasibility studies, projects of similar

nature.

30

Clear methodology including plan of dealing with mixed used economic driven

developments as envisaged in the municipality’s vision for the site.

30

Resources with relevant experience allocated for the project

- Proposed organization organogram with duties attached

- Experience of Key Staff registered with SACNASP

10

30

Maximum possible score for quality 100

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TENDER NUMBER:

PQ: 7N-3780

EVALUATION SCHEDULE: TENDERING COMPANY

The tenderer’s experience relevant to this tender will be assessed and the number of feasibility

projects undertaken by the tenderer.

• The tendering firm should have a minimum of 5 years’ relevant experience.

• The tenderer’s Company Profile must contain the necessary details to permit this

assessment to be made.

• In this regard the tenderer must provide details of experience (within the categories as

specified above) undertaken for similar residential projects.

The scoring of the tenders’ experience will be as follows:

(score 0) No response/ no evidence of experience submitted

Poor

(score 40: 12 points ) Tenderer has limited experience > 3 years’ experience.

Satisfactory

(score 70: 21 points )

Tenderer has relevant experience but has not dealt with the critical issues

specific to the assignment 3-5 years’ experience.

Good

(score 90: 27 points )

Tenderer has extensive experience in relation to the project and has worked

previously under similar conditions and circumstances 6 -9 years’ experience.

Very good

(score 100: 30 points

)

Tenderer has outstanding experience in projects of a similar nature, and has

extensive local experience. Has a vast knowledge of policies and processes

associated with the discipline<10 years

Signed .............................................

.

Date .................................................

.

Name .............................................

.

Position .................................................

.

Tenderer ......................................................................................................................

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TENDER NUMBER:

PQ: 7N-3780

TENDERER’S EXPERIENCE SCHEDULE

THE FOLLOWING IS A STATEMENT OF PROJECTS OF A SIMILAR NATURE SUCCESSFULLY EXECUTED

AND/OR COMPLETED BY THE TENDERER.

Client, contact person and

telephone number

Name and Nature of

Project

Value of Project Date Completed

NAME :........................................................................ (Block Capitals)

SIGNATURE : ……………………………..…………………..… DATE: ................................

(of person authorised to sign on behalf of the Tenderer)

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TENDER NUMBER:

PQ: 7N-3780

EVALUATION SCHEDULE: METHODOLOGY

• The approach paper must respond to the scope of work and outline the proposed

approach in interpreting it. The approach paper should articulate what values adds

the tenderer will provide in achieving the stated objectives for the project.

• Tenderers must explain their understanding of the objectives of the assignment and the

Employer’s stated and implied requirements, highlight the issues of importance, and

explain the technical approach they would adopt to address them.

• The approach paper should explain the methodologies to be adopted and should

also include a project plan and programme which outlines processes, procedures and

associated resources.

• The approach paper should also indicates how risks will be managed and identifies

what contribution can be made regarding the mitigation factors.


(score 0) No response/ no documents submitted

Poor(score 40;12

points)

The technical approach methodology are poor and is unlikely to satisfy project objectives

and the core requirements. The tenderer has misunderstood certain aspects of the scope

of work and does not deal with the critical aspects of the project

Satisfactory (score

70;21 points)

The approach is generic and not tailored to address the specific project objectives and

methodology. The approach does not adequately deal with the critical characteristics of

the project. The project plan and manner in which risk is to be managed is acceptable.

Good(score 90;27

points)

The approach is tailored to address the specific project objectives and methodology and

is sufficiently flexible to accommodate changes that may occur during execution. The

project plan and approach to managing risk is tailored to the critical characteristics of the

project. The programme is well thought and has allowed for all critical aspects.

Very good(score

100;30 points)

Besides meeting the “good” rating, the important issues are approached in an innovative

and efficient way, indicating that the tenderer has outstanding knowledge of the

approaches. The programme is well thought out and makes allowance for all the key risk

areas. The approach paper details ways to improve the project outcomes and the quality

of the outputs.

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TENDER NUMBER:

PQ: 7N-3780

Signed ................................................. Date ......................................................

Name ............................................

Position ......................................................

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TENDER NUMBER:

PQ: 7N-3780

EVALUATION SCHEDULE: ORGANIZATION ORGANOGRAM

• The tenderer should propose the structure and composition of their team i.e. the main

operational areas involved, the key staff member / expert responsible for each area,

and the proposed technical and support staff.

• The roles and responsibilities of each key staff member / expert should be set out as

brief job descriptions

• A project implementation plan with a detailed task breakdown, key milestones and

timetable, and resource to be used


(score 0) No response/ no documents submitted

Poor(score 40;4 points) The organization chart is sketchy the staffing plan is weak in important areas There is no

clarity in allocation of tasks and responsibilities.

Satisfactory (score 70;7

points)

The organizational chart is complete and detailed, the technical level and composition of

the staffing arrangements are acceptable.

Good(score 90; 9 points) Besides meeting the “satisfactory” rating, staff are well balanced. The proposal show

good co-ordination, complimentary skills, clear and defined duties and responsibilities,

Very good(score 100; 10

points )

Besides meeting the “good” rating, the proposed team is well integrated in critical

projects areas

Signed ................................................. Date ......................................................

Name ............................................ Position ......................................................

Tenderer ...................................................................................................................................

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TENDER NUMBER:

PQ: 7N-3780

EVALUATION SCHEDULE: EXPERIENCE OF THE PROFESSIONAL ENVIRONMENTALIST (PROJECT

LEADER)

• A 4-year relevant Degree.

• Professional registration from the (Professional registered SACNASP)

• A minimum of five (5) years relevant experience is required.

• The CVs of professional is to contain the necessary details to permit this assessment to be made


General experience and

qualifications

Project specific experience

(score 0) No response/ no documents

submitted

No response/ no evidence of experience

submitted

Poor(score 40;12

points)

Key staff have limited levels of

general experience <3 years

Key staff have limited levels of the project

specific, skills, training and experience<3

years

Satisfactory (score

70; 21 points)

Key staff have acceptable levels of

general experience > 4 years

Key staff have acceptable levels of the

project specific, skills, training and

experience > 4 years

Good(score 90; 27

points )

Key staff have extensive levels of


Key staff have extensive levels of the project

specific, skills, training and experience> 5

years,

Very good(score

100; 30 points )

Key staff have outstanding levels of


Key staff have outstanding levels of the

project specific, skills, training and

experience > 7 years,

Signed .............................................

.

Date .................................................

.

Name ............................................ Position .................................................

.

Tenderer

.......................................................................................................................

.

The undersigned, who warrants that he / she is duly authorized to do so on behalf of the

enterprise, confirms that the contents of this schedule are within my personal knowledge and

are to the best of my belief both true and correct.

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TENDER NUMBER:

PQ: 7N-3780

ANNEXURE B - DECLARATION OF MUNICIPAL FEES

I / We do hereby declare that the Municipal fees of the company .......................................... ,

are, as at the date of the tender closing, fully paid up, or arrangements have been

concluded with the Municipality to pay the said fees :

Account Account Number

Electricity ___________________

Water __________________

Rates ___________________

JSB Levies _____________________

: to be completed by Tenderer.

I / We acknowledge that should it be found that Municipal fees are not up to date, the

Council may take such remedial action as is required, including termination of contract, and

any income due to the Contractor shall be utilised to offset any monies due to the Council.

NAME: ................................................................................................................... (Block Capitals)

SIGNATURE: ................................................... DATE: .................................................................


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TENDER NUMBER:

PQ: 7N-3780

ANNEXURE C – DECLARATION OF INTEREST

1. Any legal person, including persons employed by the principal, or person having a

kinship with persons employed by the principal, including blood relationship, may make

an offer or offers in terms of this invitation to bid. In view of possible allegations of

favoritism, should the resulting bid, or part thereof, be awarded to persons employed by

the principal, or to persons connected with or related to them, it is required that the

bidder or his/her authorized representative declare his/her position in relation to the

evaluating/adjudicating authority and/or take an oath declaring his/her interest, where

-

● the bidder is employed by the principal; and/or

● the legal person on whose behalf the bidding document is signed, has a

relationship with persons / a person who are/is involved in the evaluation and or

adjudication of the bid(s), or where it is known that such a relationship exists

between the person or persons for or on whose behalf the declaring acts and

persons who are involved with the evaluation and or adjudication of the bid.

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

and submitted with the bid.

2.1 Are you or any person connected with the bidder, employed by the principal?(Yes / No)

2.1.1 If so, state particulars ................................................................................................................

......................................................................................................................................................

......................................................................................................................................................

2.2 Do you, or any person connected with the bidder, have any relationship ..... (Yes / No)

(family, friend, other) with a person employed by the principal and who may be

involved with the evaluation and or adjudication of this bid?


......................................................................................................................................................

......................................................................................................................................................

2.3 Are you, or any person connected with the bidder, aware of any relationship (family,

friend, other) between the bidder and any person employed by the principal who may

be involved with the evaluation and or adjudication of this bid?


......................................................................................................................................................

I, THE UNDERSIGNED .............................................................................................................. (NAME)

CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2.1 TO 2.3.1 ABOVE IS CORRECT. I

ACCEPT THAT THE PRINCIPAL MAY ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE

FALSE.

SIGNATURE : .................................................. DATE: ....................................................................................

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TENDER NUMBER:

PQ: 7N-3780


ANNEXURE D - SUPPLIER DATABASE ACCREDITATION APPLICATION FORMS

COMPULSORY ENTERPRISE QUESTIONNAIRE

The following must be furnished. In the case of a joint venture, separate enterprise

questionnaires in respect of each partner must be completed and submitted.

Section 1: Name of enterprise: ...........................................................................

Section 2: VAT registration number, if any ...........................................................................

Section 3: CIDB registration number, if any: ...........................................................................

Section 4: Particulars of sole proprietors and partners in partnerships

Name Identity number Personal income tax number

Complete only if company has a sole proprietor or comprises of a partnership. Attach

separate page if there are more than 3 partners

Section 5: Particulars of companies and close corporations

Company registration number: ...................................................................

Close corporation number: ......................................................................

Tax reference number: ......................................................................

Section 6: Record in the service of the state

Indicate by marking the relevant boxes with a cross, if any sole proprietor, partner in a

partnership or director, manager, principal shareholder or stakeholder in a company or close

corporation is currently or has been within the last 12 months in the service of any of the

following:

a member of any municipal council an employee of any provincial

department, national or provincial

public entity or constitutional a member of any provincial legislature

a member of the National Assembly

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TENDER NUMBER:

PQ: 7N-3780

or the National Council of Province institution within the meaning of the

Public Finance Management Act,

1999 (Act 1 of 1999)

a member of the board of directors of

any municipal entity

a member of an accounting

authority of any national or provincial

public entity

an official of any municipality or

municipal entity

an employee of Parliament or a

provincial legislature

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

Name of sole proprietor,

partner, director, manager,

principal shareholder or

stakeholder

Name of institution, public

office, board or organ of state

and position held

Status of service

(tick appropriate

column)

Current Within

last 12

months

insert separate page if necessary

Section 7: Record of spouses, children and parents in the service of the state

Indicate by marking the relevant boxes with a cross, if any spouse, child or parent of a sole

proprietor, partner in a partnership or director, manager, principal shareholder or stakeholder

in a company or close corporation is currently or has been within the last 12 months been in

the service of any of the following:

a member of any municipal council an employee of any provincial

department, national or provincial

public entity or constitutional

institution within the meaning of the

Public Finance Management Act,

1999 (Act 1 of 1999)

a member of any provincial

legislature

a member of the National Assembly

or the National Council of Province

a member of the board of directors of

any municipal entity

a member of an accounting

authority of any national or

provincial public entity

an official of any municipality or

municipal entity

an employee of Parliament or a

provincial legislature

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

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TENDER NUMBER:

PQ: 7N-3780

Name of spouse, child or

parent

Name of institution, public

office, board or organ of state

and position held

Status of service

(tick appropriate column)

Current Within last 12

months

insert separate page if necessary

The undersigned, who warrants that he / she is duly authorized to do so on behalf of the

enterprise:

i) Authorizes the Employer to obtain a tax clearance certificate from the South African

Revenue Services that my / our tax matters are in order;

ii) Confirms that neither the name of the enterprise or the name of any partner, manager,

director or other person, who wholly or partly exercises, or may exercise, control over the

enterprise appears on the Register of Tender Defaulters established in terms of the

Prevention and Combating of Corrupt Activities Act of 2004;

iii) Confirms that no partner, member, director or other person, who wholly or partly

exercises, or may exercise, control over the enterprise has within the last five years been

convicted of fraud or corruption;

iv) Confirms that I/we are not associated, linked or involved with any other tendering

entities submitting tender offers and have no other relationship with any of the Tenderers

or those responsible for compiling the scope of work that could cause or be interpreted

as a conflict of interest; and

iv) Confirms that the contents of this questionnaire are within my personal knowledge and

are to the best of my belief both true and correct.

NAME: ................................................................................................................... (Block Capitals)

SIGNATURE: ................................................... DATE: .................................................................


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TENDER NUMBER:

PQ: 7N-3780

CONDITIONS OF QUOTATION AND CONTRACT

CoQ.1 QUOTATIONS

Quotations are required for the whole of the work embraced by the documents.

Quotations must hold good for a period of 12 weeks from the date of tender

closing. Withdrawal during this period may only be authorized by the Deputy

Head: Economic Development Projects

This Quotation will be adjudicated in terms of the ‘Targeted Procurement Policy -

July 2003’. The Tenderers attention is drawn to the ‘Code of Conduct - Applicable

to the Procurement of Goods, Services, Engineering and Construction Works’ and

the ‘Participation and Conditions Pertaining to Targeted Procurement’ included in

the quotation documentation.

Note: The lowest or any quotation will not necessarily be accepted.

CoQ.2 ELIGIBILITY

A Tenderer will not be eligible to submit a tender if :

(a) the Contractor submitting the tender is under restrictions or has principals

who are under restriction to participate in the Employer/s procurement due

to corrupt of fraudulent practices;

(b) the Tenderer does not have the legal capacity to enter into the contract;

(c) the Contractor submitting the tender is insolvent, in receivership, bankrupt or

being wound up, has his affairs administered by a court or a judicial officer,

has suspended his business activities, or is subject to legal proceedings in

respect of the foregoing;

(d) the Tenderer does not comply with the legal requirements stated in the

Employer=s procurement policy;

(e) the Tenderer cannot demonstrate that he possesses the necessary

professional and technical qualifications and competent, financial resources,

equipment and other physical facilities, managerial capability, personnel,

experience and reputation to perform the contract;

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TENDER NUMBER:

PQ: 7N-3780

(f) the Tenderer cannot provide proof that he is in good standing with respect to

duties, taxes, levies and contributions required in terms of legislation

applicable to the work in the contract;

CoQ.3 TENDERERS' CONDITIONS OF CONTRACT

Every Tenderer shall be deemed to have waived, renounced and abandoned any

condition printed or written upon any stationery used by him for the purpose of, or

in connection with, the submission of his tender which conflicts with the letter of this

contract.

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TENDER NUMBER:

PQ: 7N-3780

CoQ.4 QUOTATION FORMS

Quotations will be liable to rejection unless submitted on the attached Quotation

Form, and Bill of Quantities where applicable, all of which must be duly completed,

signed, and delivered by the date and time, to the location, as stated on the

Quotation Form. Failure to complete and return Annexures and the Bill of

Quantities with the Quotation Form will be considered a material divergence from

the Conditions of Quotation and may render the tender invalid.

CoQ.5 COMPLETION OF QUOTATION

The Tenderer is to complete and sign the Quotation Form. Pencil or erasable ink is

not to be used. No erasure, or any scratching out, relating to the completion of the

Quotation Form shall be made. Any corrections or alterations shall be made by

ruling out incorrect words or figures and inserting the correct words or figures

above, with the Tenderers initials affixed thereto. Failure to comply with these

conditions will invalidate the Quotation.

The Total Tender Sum, as per the Quotation Form, shall be deemed to be correct.

The Employer shall check the Tender Offers for arithmetical errors, correcting them

in the following manner:-

a) Where there is a discrepancy between the amounts in figures and in words,

the amount in words shall govern.

b) If a Bill of Quantities applies and there is an error in the line item total

resulting from the product of the unit rate and the quantity, the line item

total shall govern and the rate shall be corrected. Where there is an

obviously gross misplacement of the decimal point in the unit rate, the line

item total as quoted shall govern, and the unit rate shall be corrected.

c) Where there is an error in the total of the prices, either as a result of other

corrections required by this checking process or in the Tenderer/s addition of

prices, the total of the prices shall govern and the Tenderer will be asked to

revise selected item prices (and their rates if a Bill of Quantities applies) to

achieve the tendered total of the prices.

CoQ.6 VALIDITY OF DECLARATION AFFIDAVITS FOR TARGETED ENTERPRISES

Should a Tenderer claim HDI status, whether incorrectly and/ or fraudulently on any

tender, such Tenderer shall immediately be disqualified from tendering. Should a

tender be found to be fraudulent, the Tenderer shall be disqualified from all future

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TENDER NUMBER:

PQ: 7N-3780

tenders for a minimum period of 24 months, or as otherwise decided by the

eThekwini Municipality.

Where the Contractor was awarded tender adjudication points in respect of

enterprise parameters and the information given in the Tender Declaration Affidavit

is found to be false, the Contractor shall pay the Employer penalties in an amount

equal to one and half times (1,5) the number of points claimed and awarded

under false pretences, expressed as a percentage of the contract amount

exclusive of V A T, all allowances for contingencies, provisional sums and

escalation, at the time of the award of the Contract. In addition the Tenderer will

be liable to prosecution and disqualification from future eThekwini Municipality

tenders.

It is primarily the responsibility of the Tenderer to understand the relevant criteria,

definitions and interpretations that are necessary to comply in claiming such status.

It is the responsibility of the Tenderer to notify the Procurement Department of any

changes ie ownership, SMME status, location etc. which are necessary to comply in

claiming HDI status. It should be noted that the final decision to accredit any

business for preference point award rests with the Procurement Department.

CoQ.7 DISCREPANCY IN DOCUMENTS

In the case of any accidental discrepancy or doubt as to the meaning or intention

of any part of the document(s) connected with this Quotation, reference must

always be made to Economic Development Unit for explanation and the

Contractor will be held responsible for any errors that may arise from neglect of this

precaution.

CoQ.8 ABILITY TO PERFORM

Tenderers shall satisfy the Employer of their ability to perform the works covered by

the Contract within the time and shall furnish details on Annexure A of similar

contracts, which they have satisfactorily executed in the past.

CoQ.9 VALUE ADDED TAX (VAT)

Tenderers shall indicate on the Quotation Form whether they are registered VAT

vendors and, if so, they shall indicate their VAT Registration Number.

Registered VAT vendors : All rates and totals in the Bill of Quantities

shall be exclusive of VAT.

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TENDER NUMBER:

PQ: 7N-3780

Non-Registered VAT vendors : All rates and totals in the Bill of Quantities

shall be inclusive of VAT.

The Tenderer is to note that VAT is itemized separately on the Quotation Form and

must be included in the Total Tender Price if the Contractor is a registered vendor.

CoQ.10 COMMENCEMENT OF WORK AND TIME FOR COMPLETION

It is anticipated that delivery on the project be received within minimum

stipulated timeframe. This must be presented to the Office of the Deputy

Head: Economic Development Projects and a final report should be

submitted once comments are obtained.

Once the appointment has been made, the consultant has seven (7)

working days to hand in the inception report detailing the following:

Implementation schedule with milestones

Deadlines must be met; failure to do so will result in penalties and ultimately in

the termination of the contract.

CoQ.11 QUALITY OF MATERIALS AND WORKMANSHIP

The materials and workmanship shall be to the standard required by this

Department and executed to the satisfaction of Deputy Head: Economic

Development Projects. The Deputy Head: Economic Development Projects

reserves the right to request a benchmark sample for approval against which

quality of the final product will be assessed. The Contractor will be liable for the

cost of such samples.

CoQ.12 COMPETENT EMPLOYEES

The Contractor shall employ, for the execution of the works, only such persons as

are competent and efficient in their several trades and callings.

CoQ.13 CONTRACTOR'S REPRESENTATIVE

At all times during the execution of the work a competent and responsible

employee of the Contractor shall be the point of contact for the Employer, and

any instructions given to such employee by the Employer’s Representative shall be

deemed to have been given to the Contractor. The Contractor’s representative

must have a cellular phone on which he/she can be contacted at all reasonable

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hours.

CoQ.14 MATERIALS, EQUIPMENT AND LABOUR

The Contractor shall supply all materials, equipment and labour, etc, necessary for

the due completion of the work.

CoQ.15 SUBCONTRACTING OF CONTRACT

The following will apply:-

(1) The Contractor shall not subcontract the whole of the Contract.

(2) Except where otherwise provided by the Contract, the Contractor shall not

subcontract any part of the Contract without the prior written consent of the

Employer, which consent shall not be unreasonably withheld.

(3) The Employer’s consent in respect of a Subcontractor may be withdrawn at

any time on reasonable grounds being given in writing to the Contractor by

the Employer, in which event the Contractor shall forthwith terminate the

employment of that Subcontractor.

(4) Any such consent shall not relieve the Contractor from any liability or

obligation under the Contract and he/she shall be liable for acts, defaults

and neglects of any Subcontractor, his agents or employees as fully as if they

were the acts, defaults or neglects of the Contractor, his agents or

employees.

CoQ.16 PAYMENT

Economic Development and Planning Cluster, Deputy Head: Economic

Development Projects has the sole discretion to determine whether an interim

payment should be made.

On completion of the work to the entire satisfaction of the Economic

Development Projects Unit and on receipt of an invoice from the Contractor,

addressed to the Deputy Head: Economic Development Projects Unit, the full

contract amount, or balance owing in the case of an interim payment, will be

paid.

NOTE : (1) the invoice is to include the heading and the number of the

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Service Order;

(2) is to be made payable to the firm or individual whose name

appears on the Quotation Form;

(3) is to contain the Contractor's name, address, VAT registration

number; and

(4) a statement that the amount includes VAT, and the rate at which

VAT is charged.

(5) the invoice shall include the eThekwini Municipality’s VAT

registration number which is 4 880 193 505.

CoQ.17 LIQUIDATED DAMAGES FOR DELAYS

Time is of the essence in this contract. If the Consultant fails to proceed with and

complete the works in the period stated on the Quotation Form Liquidated

damages will be charged for each and every day that the work is incomplete

after its due date of completion accordingly to the municipality rates.

The imposition of such penalty shall not relieve the Consultant from his obligation

to complete the works or from any other obligations and liabilities under the

contract.

CoQ.18 TERMINATION OF CONTRACT

If, in the opinion of the Head: Economic Development Unit the Consultant: -

1. is not executing the contract in accordance with the true intent and

meaning thereof;

2. is refusing or delaying executing the contract; or

3. is not carrying out the contract at such rate of progress as to ensure

completion within the period specified;

or in the event of any other failure or default by the Consultant, the Head:

Economic Development Unit may give notice in writing to the Contractor to make

good the failure or default. Should the Contractor fail to comply with the notice

within the period specified therein, then and in such case Head: Economic

Development Unit shall, without prejudice to any of the eThekwini Municipality’s

rights under the contract, be at liberty forthwith to perform such service as the

Consultant may have neglected to do, or to take the contract, wholly or in part,

out of the Consultant hands and order from, or contract with, any other person.

The Consultant shall be responsible for any loss the Municipality may sustain by

reason of the action taken in terms of this clause.

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SCOPE OF WORKS

BACKGROUND

The Economic Development Unit (EDU) is mandated to promote economic development,

job creation, economic transformation, and economic intelligence within the Municipality

Region. It is guided by the policies established by National and Provincial Government

and articulates the approach to economic development through the Municipality’s

Integrated Development Plan (IDP,s) and an Economic development strategy (EDS)from

which all actives are guided by , but restricted to , as the unit also responds to the broader

challenges facing the greater region by endorsing other initiatives such as the millennium

Development goals .

SITE LOCATION

Site description Portion 4 of Erf 205 Sunnyside Park, Adams Mission.

Ownership eThekwini Municipality

Extent ± 29.1ha

Ward 67

Zoning Indeterminate

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The investigated land is situated within Ward 67, in the Southern Region. It is situated in the

suburb of Adams Mission and in the district of Adams Rural. It is surrounded by largely rural

type settlement. The investigated property is accessible via M37 RTE (Moss Kolnik Rd) which is

one of the main feeder access roads.

The investigated portion is largely vacant with few structures that have encroached on the

site. The property appears to have mixed vegetation from trees to grassland portion possibly

due to water courses.

SCOPE OF WORKS

Ecological Assessment – Terms of Reference

The findings of the Ecological Assessment must be written up in an Ecological Assessment

Report. This report must include as a minimum the following information:

• Contact details and curriculum vitae of the specialist including SACNASP registration

number and field of expertise and their curriculum vitae.

• A signed statement of independence by the specialist.

• Duration, date and season of the site inspection and the relevance of the season to

the outcome of the assessment.

• A description of the methodology used to undertake the ecological assessment and

site inspection, including equipment and modelling used where relevant.

• A description of the assumptions made and any uncertainties or gaps in knowledge or

data as well as a statement of the timing and intensity of site inspection observations.

• Areas deemed not suitable for development, to be avoided if the site was to be

developed.

• Potential environmental impacts expected from any development related activities

based on those already evident on the site and a discussion on the cumulative

impacts.

• Impact management actions and impact management/recommendations outcomes

proposed by the specialist; and

• A reasoned opinion, based on the findings of the specialist assessment, regarding the

acceptability or not of any development within the proposed site or recommendations

for rehabilitation. If a development can be allowed, any conditions that need to be

observed.

The findings of the Ecological Assessment must be presented, in a report, including shapefiles

of the mapped ecological areas to be avoided.

• A signed copy of the Assessment must be submitted, with a signed statement of

Specialist’s independency.

• The assessment must be undertaken by a suitably qualified and SACNASP registered

specialist.

• Description of the preferred site - the following aspects, as a minimum, must be

considered in the baseline description:

• A description of the ecological drivers/processes of the system and how the proposed

development will impact these.

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o Ecological functioning and ecological processes (e.g. fire, migration,

pollination, etc.) that operate within the proposed development site;

o The ecological corridors that the development would impede including

migration and movement of flora and fauna.

o The description of any significant landscape features (including rare or

important flora/faunal associations, presence of Strategic Water Source Areas

(SWSAs) or Freshwater Ecosystem Priority Areas (FEPA) sub catchments.

• A description of terrestrial biodiversity and ecosystems on the proposed development

site, including –

Main vegetation types.

• Threatened ecosystems, including Listed Ecosystems as well as locally important

habitat types identified.

• Ecological connectivity, habitat fragmentation, ecological processes, and fine-scale

habitats; and

• Species, distribution, important habitats (e.g., feeding grounds, nesting sites, etc.) and

movement patterns identified.

• Identify any suitable development footprints within the preferred development site

which would be of a “low” sensitivity as identified by the national web based

environmental screening tool and verified through the Initial Site Sensitivity Verification.

The Ecological Assessment must be based on the results of a site inspection undertaken on

the proposed site and must identify:

• Critical Biodiversity Areas (CBAs), including:

• The reasons why an area has been identified as a CBA.

• An indication of whether the development will be consistent with maintaining the CBA

in a natural or near natural state or in achieving the goal of rehabilitation.

• Ecosystem threat status.

• Explicit subtypes in the vegetation.

• Overall species and ecosystem diversity of the site; and

• Populations of species of special concern in the CBA.

• Ecological Support Areas, including.

• The ecological processes that operate within or across the site;

• The extent the development will impact on the functionality of the ESA; and

• Loss of ecological connectivity (on site, and in relation to the broader landscape) due

to the degradation and severing of ecological corridors or introducing barriers that

impede migration and movement of flora and fauna.

The deliverables include:

Inception report plus a revised program: This should contain details on the overall

approach, including any research methodologies to be applied, as well as details of the

project team that will be responsible for execution of each stage of the project. Key

timelines and budgets must be outlined in the inception report.

Preliminary Report / Situational Analysis: To explain and present the progress of the

project up to this far, including any conceptualisation of the project under

consideration.

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Draft Report: A Draft Feasibility Study Report as per the TORs complete with analysis and

recommendations plus a Business Plan.

Final Report (within sixteen (16) weeks of appointment): A final completed Feasibility Study

Report and a Conceptual Designs.

Tasks, Duties and Responsibilities

In addition to the Service Provider’s initiative and innovation, the Tenderer will also be

required to undertake the following tasks and duties for the successful completion of this

project:

- Outline economic impact: negative and positive.

- Outline business impact: negative and positive.

- Potential partnerships with the private sector in particular

Milestones and Timeframes

The service provider is expected to commence with the project immediately after

appointment. The project is to be completed in four (4) months from the date of

appointment. The timeframes and deliverables for the various phases will be discussed upon

appointment.

End Products and Format

The end products, as specified above, are to be supplied to Projects Department in editable

and hard copy format. All content to be provided by the service provider. This will remain as

the property of eThekwini Municipality. Furthermore, templates are to be made in an email

ready and print form.

Copyright on Documents

Please note that as a requirement of this project, all output and copyright thereof will

become the property of eThekwini Municipality. The findings and results from this project shall

by no means be used by any other sources. In the event of termination of this appointment,

the Economic Development and Investment Promotion Unit reserve the right to use all or any

parts of the documentation for completion of the project.

Payment

Payments due will be as aligned to the service providers provided cost breakdown

schedule which should be in alignment with the scope elements as listed below but not

limited to the table provided below:

Project Budget and Disbursement

The consultant is to prepare a detailed budget breakdown for the full scope of

deliverables including all disbursements and VAT. Cost competitiveness and

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Empowerment will be scored in the final stage of adjudication. Allowance and

estimates must be provided for any anticipated specialist studies. Available previous

studies already undertaken will be made available to the appointed consultant: The

total contract price is not expected to exceed R 200 000.00 including VAT and

disbursements. The consultant is to prepare a detailed budget breakdown for the full

scope of deliverables including all disbursements and VAT. Cost competitiveness and

Empowerment will be scored in the final stage of adjudication. Allowance and

estimates must be provided for any anticipated specialist studies

Tax Clearance and Broad Based Black Economic Empowerment certificate

Proposals must include with their submission a valid Tax Clearance and Broad Based Black

Economic Empowerment certificate (or a letter from the Company Auditors stating that the

company’s turnover is less than R5 million).

Confidentiality

All the products must be made available in the way stated above and the following must

also be noted:

• All data, information and concepts developed during this course of this appointment

whether direct or incidental remains the property of the eThekwini Municipality;

• Information which would come out of this process is to be treated as confidential and

can only be released with the permission of the eThekwini Municipality.

• The consultant is accountable to the Project Manager: Economic Development Unit

and will work under the direction of the Project Steering Committee.

Submission of Proposals

Sealed proposals (including all required documentation) are to be hand delivered at the

Tender Box located in the reception area, Corporate Procurement (Material Management),

Archie Gumede Place, (Formerly Old Fort Place), Durban, 4001 before 11h00, on 15

September 2021.

No late submissions will be accepted.

PROPOSAL DEADLINE

Proposals must be submitted for consideration by 15 September 2021. before 11H00.

For further information about this project please contact:

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Sthembile Khumalo

Project Manager: Economic Development Unit

Tel: (031) 322 8786

Email: sthembile. [email protected]

mailto:[email protected]

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