ENVIRONMENTAL REQUIREMENTS
a. Background
The NMBMM is continually striving to redress legacy of apartheid. One component of which has been the adequate provision Public Open Spaces within residential areas inhabited by:
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historically disadvantaged and
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physically challenged citizens
A cursory look at the NMBMM Parks and Nature Reserves, for example, in these areas shows that an enormous imbalance exists between the residents access to developed nature reserves in various areas of the Metro. Various legislation including the Local Government: Municipal Planning and Performance Management Regulations (August of 2001) as well as the Land Use Management Bill (June of 2002) now require that the Metro’s strategic and local planning initiatives redress this imbalance through spatial reconstruction of the municipal area.
It is however important to reflect that the natural heritage of Nelson Mandela Bay is unparalleled in a Metropolitan Municipality and something of which the NMBMM can be justifiably proud. The need to conserve this extraordinary biodiversity is enshrined in National and Provincial legislation and requires action from all stakeholders within the municipality. Through that approach of protection of biodiversity assets, infrastructure development accompanied with provision of access to NMBMM’s natural resources by the current and future generation should be recognized.
b. Environmental Management Principles
These principles are embedded within the Infrastructure Guidelines, CDF’s and other legislative frameworks of other sector departments.
c. Generic Requirements
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Undertaking an Environmental Impact Assessment, in terms of the Regulations of the National Environmental Management Act 1998 (NEMA - Act 107 of 1998) and other NEMA based legislation as and when applicable.
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Any envisaged sinking and use of boreholes will be subject to the necessary permits by Department of Water Affairs.
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Footpaths – joint agreement between the concessionaire and the NMBMM on network of paths and maintenance.
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NMBMM will undertake alien invasive plant clearing and biodiversity management.
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Concessionaire will need to fence the high-impact areas depending on the nature of development (whether introduction of animals is required or not; and for security purposes or division of recreational activities)
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Concessionaire to contribute towards the security of the natural networks through its own security staff and/or through contributing towards the Ranger Program.
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Sewage may not be treated on-site, unless the development would integrate sewage treatment as a sustainable design feature, provided that any return flow to the rivers meets DWA Special Water Release standards
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Storm water from any developed areas will need held on site as is feasible (harvesting of rain water or any green technology to divert storm water for other alternative uses), so as to prevent increased flooding to the rivers.
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Bio diversity and horticultural functionality: a joint agreement between the applicant and the NMBMM on the maintenance of these elements to be concluded upon.
d. Location based requirements
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The reserve is dominated by fynbos, which is sensitive to disturbance and nutrient supply. The concessionaire is cautioned that fynbos needs to burn periodically and that the design safety of the facilities needs to bear this in mind (e.g.: if thatching is used, roof sprinkler-systems could be included). A fire management plan must be developed and implemented with the NMBMM, and possibly in conjunction with neighboring landowners
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Concession can consider the ‘view site’ as a development node.
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If the footpath of the cave is to be utilized, it must be upgraded, in consultation with the NMBMM, with the necessary erosion control measures.
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Concession can consider introducing non-extra-limital game species, subject to the necessary studies to determine appropriate species, stocking densities and animal husbandry. The concessionaire will have to supply this expertise.
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MINIMUM CRITERIA FOR PROPOSAL DOCUMENT
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Functional and Spatial requirements
The Applicant is to provide the following and annexured as indicated
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Overall architectural spatial concept and site development plan, marked as
Annexure “F”
The purpose of this annexure is for the applicant to illustrate the overall spatial concept through the site development plan and also explain the level of integration of the proposal with the environment and existing context.
The applicant is to provide a Site Development Plan to form part of the A3 document (larger drawings to be folded to A3 format) with the following information:
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Locality plan indicating the position of the building(s) in relation to the larger nature reserve on a scale no less than 1:1000.
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Site plan indicating positions and areas of building(s) on a scale no less than 1:500.
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Conceptual services layout: use site plan format to indicate each on a separate page:
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Storm water layout
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Drainage layout (runs and connections)
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Parking layout (number of parking bays as per NMBMM regulations) and access
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New vegetation including a list of trees and plants
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Disturbance of existing vegetation
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Walkways
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Refuse and delivery areas
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Use of external lighting (if any).
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Site development plan must indicate areas (footprint) and usage of each room.
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A conceptual section through each building indication the maximum height (measured from the lowest point of the building to the highest point of the roof) above natural ground levels and efforts made to keep building height as low as possible in relation to the slope of the natural ground level.
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Horticultural requirements A complete horticultural plan must be included in the Site Development Plan provided for each park with a layout plan indicating the proposed development of the botanical aspects and a comprehensive plant list:
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Settlers Park - Indigenous botanical garden
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St Georges Park – Exotic botanical garden
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Victoria Park – Arboretum
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Dodd’s Farm – Aquatic (river) theme
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Quality of the architectural language used, marked as Annexure “G”
The purpose of this annexure is for the applicant to illustrate the overall architectural language used in the design and illustrate awareness of existing guidelines and documentation in this regard (see 5. POLICY AND ENVIRONMENTAL FRAMEWORK) and how the spatial concept will be carried through to the use of materials and the integration of the project in the landscape and materials.
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Conceptual list of basic finishes indicating materials to be used including window and door frames, balustrades, all exterior finishes and other items that will be visible from the outside of the building.
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A “green”schedule listing and illustrating passive and active methods used to reduce the carbon footprint of each building. For example:
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Passive: orientation, location, natural ventilation, shading devices, materials etc.
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Active: rain water harvesting, solar heating/cooling, grey water recycling etc. Also indicate how these devices would be hidden from the public eye or used as part of the aesthetics of the building.
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Architectural 3D renderings to be provided of different angles to illustrate the concept, overall site layout and general aesthetics of the proposal.
8.2. Legal requirements
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The following documents that are required, are required from the Applicant and not the Community Group or Entity.
Proposals signed by an Agent or representative:
Proposals signed by an agent must be accompanied by a duly authorized Power of Attorney and those signed on behalf of a Company, Close Corporation or Trust, must be accompanied by a certified extract of the Company’s, Close Corporation’s or Trust’s minutes in terms of which such signature is authorized.
Proposals submitted by an individual shall be accompanied by certified copies of:
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The individual/s identity document; and
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A SARS Tax Clearance Certificate issued in respect of Good Standing.
Proposals submitted by a Company shall be accompanied by certified copies of:
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The Company’s Memorandum and Articles;
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The Company’s Certificate of Incorporation;
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The Company’s Certificate to commence business;
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The Company’s current CM29 or CIPRO Certificate reflecting the Company’s current Directors;
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A Certificate by the Auditor of the Company confirming the issued share capital of the Company and the beneficial owners of such issued share capital;
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The Identity Documents of all Directors and all shareholders and in the event of such shareholders being a Company, Close Corporation or Trust, the information required in respect of such entities as is contained herein; and
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A SARS Tax Clearance Certificate issued in respect of Good Standing.
Proposals submitted by a Close Corporation shall be accompanied by certified copies of:
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The Close Corporation’s Founding Statement and all amending Founding Statements or a currently dated CIPRO Certificate reflecting the Members of the Close Corporation;
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The Identity Documents of all Members of the Close Corporation.
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The Identity Documents of all Members of the Close Corporation and in the event of such members being a Trust, the information required in respect of such entities as is contained herein.
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A SARS Tax Clearance Certificate issued in respect of Good Standing.
Proposals submitted by a Trust shall be accompanied by certified copies of:
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The Trust Deed and any amendments thereto;
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The Trust’s Letters of Authority and endorsements thereto;
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The Identity Documents of all Trustees;
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The Identity Documents of all Beneficiaries and in the event of such beneficiaries being a Company, Close Corporation or Trust, the information required in respect of such entities as is contained herein.
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A SARS Tax Clearance Certificate issued in respect of Good Standing.
Proposals submitted by Joint Venture Vehicles or Consortiums shall be accompanied by certified copies of:
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The documentation under which such Joint Venture Vehicle or Consortium has been established (as required above, dependant on the nature of the Joint Venture Vehicle / Consortium), full details of the interests of all parties interest in such Joint Venture Vehicle or Consortium and such parties information as required in the aforegoing paragraphs.
8.3. Financial requirements
The Applicant is to provide a chapter within their proposal which outlines the overall business case for the eco-tourism development and indicates overall financial viability:
The proposal needs to clearly indicate an understanding of the tourism market in the NMBMM and the tourism target market segment for the proposed development of the nature reserve. Visitor numbers and types per annum need to be indicated.
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Product offering and marketing strategy:
The proposal needs to clearly indicate the features, facilities and products which will be offered by the eco-tourism facility and what the initial prices for these offerings will be. The prevailing prices in the market and of competitor organizations also needs to be provided where relevant. The product volumes per annum and pricing structure need to be apparent in the budgeted income statement. An overview of the marketing strategy and medium needs to be provided and correlate with the marketing expenses in the budgeted income statement.
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Operating plan and budget:
The operating plan needs to relate to the product offering and indicate adequate staffing and skills levels, facilities and equipment, stock and/or consumables and a sound understanding of the business operating model to be employed. Occupancy or capacity levels should be indicated and where necessary fixed and variable expenses.
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Budgeted income statement:
The results of the above analysis need to be presented in an acceptable budgeted income statement format over a five year period from the commencement of operations. Sufficient detail needs to be supplied to be able to gain a meaningful understanding of the operation of the nature reserve. Particular attention needs to be given to the maintenance and preservation of the nature reserve such as fence repairs, security systems and personnel, gate control, natural habitat upgrade and the like. A suggested pro forma budgeted income statement is attached herewith as Annexure “E”.
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Projected financial statements:
The projected financial statements need to incorporate the budgeted income statement and indicate the source and application of funds for the proposed nature reserve and are to include an income statement, balance sheet and statement of cashflow. Standard ratio analysis and investment return indicators are also to be provided. The debt and equity for the project is to be indicated together with the terms and the source thereof. The projected financial statements need to be for a period that indicates the redemption of all debt, and should be for a minimum of ten years. The projected financial statements should commence from the first lease period and capital expenditure programs need to be clearly indicated.
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Economic impact of the project:
The economic impact of the ecotourism project needs to be estimated to the level that anticipated employment during construction and operations needs to provided, with the emphasis being on sustainable employment creation. The direct and indirect economic impact of the ecotourism project on both the local and regional economy should be indicated, with an emphasis on the extent to which local service providers and suppliers will be used, the use of Small, Medium and Micro Enterprises (SMMEs) and the use of Black Economic Empowerment (BEE) suppliers.
9 EVALUATION
9.1 All proposals submitted in terms of the RFP shall be evaluated in terms of the Local Government: Municipal Finance Management Act 56 of 2003 and in particular the Supply Chain Management Policy (incorporating the Acquisition Directives referred to therein) adopted by the NMBMM.
9.2 If no letter of acceptance is received within 3 months of closing date of submissions please consider your proposal to have been unsuccessful.
9.3 A two stage evaluation of proposals will be undertaken.
9.3.1 Firstly each proposal shall be evaluated in terms of the Functionality Criteria Score Sheet annexed hereto marked “I” to measure the expected quality, reliability, viability, sustainability and durability of the expected service so as to minimize any risk to the NMBMM and only those proposals meeting a minimum threshold of 70 points out of 100 will be carried forward for further evaluation.
9.3.2 Secondly, those proposals meeting the requirement reflected above shall thereafter be evaluated on a 90/10 basis, the 90 points being in respect of price (which shall be calculated by totaling the aggregate rentals (including all escalations) proposed for the duration of the envisaged lease period and the value of the proposed development (which shall become the property of the NMBMM on the expiry of the envisaged Lease) of the properties expressed in Rands which development the successful Applicant will be required to warrant will be undertaken in terms of any lease to be concluded pursuant to this RFP and the 10 points being in respect of preference points as stipulated in the NMBMM’s Supply Chain Management Policy incorporating the Acquisition Management Directives referred to therein.
9.3.3 Applicants must accordingly correctly complete Annexure “A” where applicable (yes/no answers), and supply documentation supporting each answer as indicated.
10 SWORN STATEMENTS
All Applicants shall be obliged to submit a sworn statement in accordance with either annexure “B” or “C” hereto confirming his/her/its historically disadvantaged status, gender, disability (if applicable), age and domicile.
All Applicants shall further in such sworn statement:
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declare any conflict of interest which they may have in respect of the transaction for which the proposal is submitted and declare where it is in the Service of the State as referred to in the NMBMM’s Supply Chain Management Policy.
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furnish their Income Tax reference numbers, VAT registration numbers and identification or registration numbers.
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Confirm whether it has been convicted for fraud or corruption within a five year period prior to submission of its proposal.
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Confirm whether it has been engaged in any government contract within a five year period prior to the submission of its proposal.
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Confirm that it has no outstanding tax obligations or has made arrangements to meet its outstanding tax obligations to the South African Revenue Services, which fact shall be verified by a certificate issued by the South African Revenue Services.
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Disclose whether it is in arrears (or if it has failed to make suitable arrangements with the NMBMM to settle such arrears) in respect of any charges payable in terms of Section 118 of the Municipal Systems Act.
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Failure to submit the required sworn statement, or the submission of a false statement, shall render a proposal null and void.
11 GENERAL TERMS
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NMBM should fully involved in the management and operational functions of the botanical
precinct
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Management functions (involved in the management structures)
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Operational functions (involved in the maintenance of the garden, designing the landscape)
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NMBM staff should be the only horticultural maintenance team of the botanical precinct
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The JV should work hand in glove with the NMBMM Parks Department’s assigned person to the botanical precinct
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Social responsibility projects in the community to grow herbs or elements of the ‘Themes of the Garden’ will need to be pursued
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Board Structure ( representatives appointed by Council to serve on the structure)
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Management Structure – (representatives appointed by Council to serve on the structure)
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The NMBMM Mangold Nursery should be looked at as an available infrastructure for the Nursery of the Botanical Precinct
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All amounts quoted by the Applicant must be quoted exclusive of VAT however the rate of VAT applicable at the time of invoicing will apply in respect of the agreement to be concluded with the successful Applicant.
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Applicants shall not be permitted to sub-contract any work or item, without the written approval of the NMBMM.
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Any Applicant:
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having a conflict of interest in respect of the transaction for which the proposal is submitted or in the Service of the State as referred to in the NMBMM’s Supply Chain Management Policy; and/or
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having been convicted for fraud or corruption within a five year period prior to the submission of its proposal; and/or
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who has wilfully neglected, reneged on or has failed to comply with a government or local government contract within a five year period of the submission of its proposal; and/or
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has outstanding tax obligations to the South African Revenue Services in respect of which arrangements have not been made;
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is in arrear in respect of charges payable to the NMBMM in terms of Section 118 of the Municipal Systems Act and has failed to make suitable arrangements to settle such arrears; and/or
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Failing to submit Annexure “D” duly completed and signed and/or whose submissions in Annexure “D” are false; shall be barred from applying.
12 APPOINTMENT
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Any appointment pursuant to this RFP shall be subject to the conclusion of an agreement between the NMBMM and the JV to be established between the successful Applicant and the successful Community Group or Entity (to be selected by the NMBMM pursuant to a separate competitive bidding process) upon terms and conditions acceptable to the Accounting Officer of the NMBMM and the NMBMM shall be entitled to negotiate the final terms of any such contract provided that it is not done to the prejudice of any other competing Applicants.
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Should any successful Applicant fail to sign any required agreement pursuant to this proposal within 30 (thirty) days of date of dispatch of written notification that its proposal has been accepted, the NMBMM shall be entitled, but not obliged, to regard such Applicant's proposal and any award thereof as null and void.
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The successful Applicant and JV shall be required to register with the accredited service provider database of the NMBMM, currently being Quadrem (Contact details: Help Desk – 0861 225 577) within 30 (thirty) days of date of dispatch of written notification that its proposal has been accepted, failing which the NMBMM shall be entitled, but not obliged, to regard such Applicant's proposal and any award thereof as null and void.
13 CLOSING DATE, TIME AND VENUE FOR SUBMISSIONS
One bound copies of the proposal, clearly marked “Botanical Garden – Settler’s Park, St. George’s Park, Victoria Park and Dodds’ Farm Proposal – Attention Mr. J Mkosana” must be deposited in the NMBMM Tender Box, which is located at the SCM Unit, Harrower Road Offices or City Hall, Uitenhage, Port Elizabeth by no later than 11h00 on the 23rd February 2012 where after same will be open in public at the Boardroom, SCM Unit, Harrower Road Offices or City Hall, Uitenhage, Port Elizabeth.
No late submissions will be accepted.
Posted, e-mailed, or faxed submissions will also not be accepted.
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