1. society
2. work
3. contracts

REPUBLIC OF CROATIA
ZAGREB COUNTY
TOWN OF SVETI IVAN ZELINA
CLASS: 406-09/14-01/23
REG.NO.: 238/30-02/19-14-2
PREPARATION OF FEASIBILITY STUDY
FOR MULTIFUNCTIONAL SPA RESORT
IN THE CITY OF SVETI IVAN ZELINA
(Procurement rec.no. 2/14)
– TENDERS DOCUMENTATION –
Sv. Ivan Zelina, 2014.
2/16
CONTENT
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
INFORMATION ON THE CONTRACTING AUTHORITY ......................................................................... 3
PERSON OR DEPARTMENT RESPONSIBLE FOR CONTACT .................................................................. 3
PROCUREMENT REFERENCE NUMBER ............................................................................................... 3
TYPE OF THE PUBLIC PROCUREMENT PROCEDURE ........................................................................... 3
ESTIMATED VALUE OF THE PROCUREMENT: ..................................................................................... 3
TYPE OF CONTRACT ON PUBLIC PROCUREMENT (GOODS, WORKS OR SERVICES) ........................... 3
STATEMENT ON WHETHER A CONTRACT ON PUBLIC PROCUREMENT OR A FRAMEWORK
STATEMENT IS CONCLUDED ............................................................................................................... 3
STATEMENT ON WHETHER THE ELECTRONIC AUCTION WILL BE CARRIED OUT ............................... 3
DESCRIPTION OF THE SUBJECT MATTER OF PROCUREMENT ............................................................ 3
DESCRIPTION AND DESIGNATION OF GROUPS OF THE SUBJECT MATTER OF PROCUREMENT ........ 3
TYPE, QUALITY, QUANTITY AND SIZE OF THE SUBJECT MATTER OF PROCUREMENT ....................... 4
BEGINNING AND COMPLETION OF THE PROVISION OF SERVICES..................................................... 4
MANDATORY REASONS FOR EXCLUSION OF TENDERERS AND DOCUMENTS TO BE SUBMITTED BY
TENDERERS AS EVIDENCE THAT THERE ARE NO REASONS FOR EXCLUSION ..................................... 4
OTHER REASONS FOR EXCLUSION OF TENDERERS AND DOCUMENTS TO BE SUBMITTED BY
TENDERERS AS EVIDENCE OF HIS CAPACITY ...................................................................................... 5
PROVISIONS ON THE TENDERER'S CAPACITY AND DOCUMENTS TO BE SUBMITTED BY TENDERER
AS EVIDENCE OF HIS CAPACITY .......................................................................................................... 6
CAPACITY CONDITIONS IN CASE OF A CONSORTIUM OF BIDDERS .................................................... 7
CLARIFICATION AND SUPPLEMENTING OF DOCUMENTS AND ELEMENTS OF THE TENDER ............. 7
CONTENTS AND THE MANNER OF PREPARING AND DELIVERING THE TENDER ................................ 8
ELECTRONIC SUBMISSION OF TENDER .............................................................................................. 9
DETERMINING THE PRICE OF TENDER ............................................................................................... 9
CRITERION FOR SELECTION OF TENDER ............................................................................................. 9
LANGUAGE AND SCRIPT OF TENDER ................................................................................................ 10
TENDER VALIDITY PERIOD ................................................................................................................ 10
CONSORTIUM OF BIDDERS .............................................................................................................. 10
SUBCONTRACTORS........................................................................................................................... 11
GUARANTEES.................................................................................................................................... 12
DATE, TIME AND PLACE OF SUBMISSION OF TENDERS AND PUBLIC OPENING OF TENDERS ......... 13
DEADLINE FOR MAKING THE DECISION ON SELECTION OR ANNULMENT ...................................... 13
DEADLINE, WAYS AND TERMS OF PAYMENT ................................................................................... 13
NAME AND THE ADDRESS OF THE APPEAL BODY AND INFORMATION ABOUT THE DEADLINE FOR
LODGING AN APPEAL AGAINST TENDERER DOCUMENTATION ....................................................... 14
GRACE PERIOD ................................................................................................................................. 14
THE EFFECT OF THE SELECTION DECISION AND CONCLUDING A PUBLIC PROCUREMENT CONTRACT
........................................................................................................................................................15
CONFIDENTIALITY OF THE DOCUMENTS PROVIDED BY ECONOMIC OPERATORS ........................... 15
NECESSARY STATEMENTS ................................................................................................................ 15
OTHER .............................................................................................................................................. 15
TENDER FORM WITH ATTACHMENTS AND OTHER FORMS ............................................................. 16
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
3/16
1. INFORMATION ON THE CONTRACTING AUTHORITY
The City of Sveti Ivan Zelina
Trg A. Starčevića 12, 10380 Sv. Ivan Zelina
OIB (Personal Identification Number): 49654336134
Phone: 385 (01) 2019-200, fax: 385 (01) 2019-202
Website: www.zelina.hr
E-mail: [email protected]
There are no economic operators with which the employer is in conflict of interest in the sense of Article
13 of the Public Procurement Act (Official Gazette 90/11, 83/13, 143/13 and 13/14).
2. PERSON OR DEPARTMENT RESPONSIBLE FOR CONTACT
Person responsible for providing information on tender documentation: Dragutin Mahnet, dipl.iur., phone:
385 (01) 2019-209, fax.: 385 (01) 2019-202 or via e-mail: [email protected].
During the period for tender delivery, economic operators may request explanations and changes related
to the tender documentation. The request must be delivered to the Contracting Authority in written form
only, that is, by letter, fax or e-mail. The request is timely if delivered to the Contracting Authority not later
than during the sixth day before the day, which is the deadline for tender delivery.
The Contracting Authority shall publish the reply on the same web pages where the basic documentation
is available, without explicitly mentioning of the information on the entity filing the request, and not later
than during the fourth day before the day, which is the deadline for tender delivery.
3. PROCUREMENT REFERENCE NUMBER
2/14
4. TYPE OF THE PUBLIC PROCUREMENT PROCEDURE
Open public procurement procedure.
5. ESTIMATED VALUE OF THE PROCUREMENT:
Estimated value of the procurement is (HRK) 1.000.000,00 kuna (exclusive of VAT).
6. TYPE OF CONTRACT ON PUBLIC PROCUREMENT (GOODS, WORKS OR SERVICES)
Contract on the public procurement of goods.
7. STATEMENT ON WHETHER A CONTRACT ON PUBLIC PROCUREMENT OR A FRAMEWORK STATEMENT IS
CONCLUDED
After the decision of the most advantageous tenderer is made effective, the contract on public
procurement will be concluded between the Contracting Authority and the selected tenderer.
8. STATEMENT ON WHETHER THE ELECTRONIC AUCTION WILL BE CARRIED OUT
No electronic auction shall be conducted.
9. DESCRIPTION OF THE SUBJECT MATTER OF PROCUREMENT
The subject matter of the procurement is the Preparation of feasibility study for Multifunctional spa resort
in the City of Sveti Ivan Zelina.
Subject matter should be prepared according to Terms of Reference, which is an integral part of this tender
documentation.
The study should be submitted in electronic form as well, on a CD/DVD in 3 (three) copies.
10. DESCRIPTION AND DESIGNATION OF GROUPS OF THE SUBJECT MATTER OF PROCUREMENT
Any offering of a group of the subject matter of the procurement is not allowed in the scope of this
procedure.
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
4/16
11. TYPE, QUALITY, QUANTITY AND SIZE OF THE SUBJECT MATTER OF PROCUREMENT
A public procurement contract for the Preparation of feasibility study for Multifunctional spa resort in the
City of Sveti Ivan Zelina in accordance with the technical specifications, Terms of Reference and tender
form which includes the title, quantity and other specifications necessary for tender completion.
Tenderers must tender for the whole of the quantity as required by the tender dossier.
Tenders for parts of the quantity will not be considered.
The tenderer must tender and carry out the requested service in a way that it meets all of the technical
specifications as required by the tender documentation.
12. BEGINNING AND COMPLETION OF THE PROVISION OF SERVICES
Beginning of the provision of services is immediately upon signing the contract for public procurement, and
the deadline for the completion of providing services is 5 months.
13. MANDATORY REASONS FOR EXCLUSION OF TENDERERS AND DOCUMENTS TO BE SUBMITTED BY
TENDERERS AS EVIDENCE THAT THERE ARE NO REASONS FOR EXCLUSION
The Contracting Authority shall exclude a tenderer in the following cases:
13.1.
If an economic operator or a person authorized by law to represent the economic operator has been
convicted of any of the following offenses or for equivalent offenses under the relevant regulations of
the state where the economic operator is established or the country of citizenship of the person
authorised under law to represent the economic operator:
a) fraud (Article 236), fraud in business activities (Article 247), acceptance of bribery in business
transactions (Article 252), giving bribery in business transactions (Article 253), abuse of the
procurement procedure (Article 254), evasion of payment of taxes or duties (Article 256), subsidy
fraud (Article 258), money laundering (article 265), abuse of position and authority (Article 291),
illegal facilitation (Article 292), acceptance of the bribery (Article 293), giving bribery (Article 294),
trading in influence (Article 295), bribery of trading in influence (Article 296), criminal association
(Article 328) and the offenses within the criminal association (Article 329) of the Croatian Criminal
Law,
b) fraud (Article 224), money laundering (article 279), fraud in business activities (Article
293),acceptance of bribery in business transactions (Article 294), giving bribery in business
transactions (Article 294b), organizing association to commit a crime (Article 333), abuse of
position and authority (article 337), abuse of public office authority (Article 338), illegal mediation
(Article 343), acceptance of bribery (Article 347) and giving bribery (Article 348) of the Croatian
Criminal Law ("Official Gazette", no. 110/97., 27/98., 50/00., 129/00., 51/01., 111/03., 190/03.,
105/04., 84/05., 71/06., 110/07., 152/08., 57/11., 77/11. i 143/12.).
For the purpose of ascertaining the circumstances from the paragraph 13.1., the economic operator shall
submit a declaration in the tender, which must be made by the person authorised under law to represent
the economic operator.
The declaration may not be older than three months counting from the date of commencement of the
public procurement procedure.
The Declaration Form (Form 1) is an integral part of this Tender Documentation.
During the public procurement procedure, in order to verify the circumstances from the paragraph 13.1.,
The Contracting Authority may request from the authority competent for keeping criminal records and the
exchange of such records with other states to issue a certificate probate of the facts that are a matter of
official record with such authority for any tenderer or any person authorised under law to represent the
economic operator.
Provided it is unable to obtain the certificate in order to verify the circumstances from paragraph 13.1., the
Contracting Authority may request the tenderer to provide within an appropriate period, a valid:
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
5/16
a) document issued by the authority competent for keeping criminal records in the country where the
economic operator is established and/or the country of citizenship of the person authorised under
law to represent the economic operator or,
b) an equivalent document issued by the competent judicial or administrative body in the country where
the economic operator is established and/or the country of citizenship of the person authorised
under law to represent the economic operator, if the document from criminal records foreseen in
item a) of the present paragraph is not issued or,
c) a declaration under oath or equivalent declaration made by the person authorised under law to
represent the economic operator before the competent judicial or administrative authority or notary
public or the competent professional or trade body in the country where the economic operator is
established and/or in the country of citizenship of the declarant, or a declaration with a notarized
signature, if the documents from items a) and b) above are not issued in the country where the
economic operator is established and/or in the country of citizenship of the declarant or such
documents do not include all criminal acts specified in paragraph 1.a) and 1.b)
13.2. If it failed to fulfil its obligation to pay all outstanding tax liabilities and contributions for pension and
health insurance, unless the special law to pay these obligations is not allowed or deferred payment is
approved.
For the purposes of ascertaining the circumstances from the paragraph 13.2., the economic operator shall
submit the following in the tender:
a) a certificate issued by the Tax Administration concerning the state of debt which may not be older
than 30 days counting from the date of commencement of the public procurement procedure, or
b) a valid equivalent document issued by the competent body of the country where the economic
operator is established, if the certificate from item a) of this paragraph is not issued, or
c) a declaration under oath or equivalent declaration made by the person authorised under law to
represent the economic operator before the competent judicial or administrative authority or notary
public, or the competent professional or trade body in the country where the economic operator is
established or a declaration with a notarized signature which may not be older than 30 days counting
from the date of commencement of the public procurement procedure if the certificate from item a)
or the equivalent document from item b) of this paragraph is not issued in the country where the
economic operator is established.
13.3. If it has submitted false information at the time of submitting documents in accordance with paragraphs
13, 14, and 15 of the present Tender Documentation.
In the case of a consortium of bidders, the circumstances referred to in paragraph 13.1, 13.2 and 13.3 of this
Tender Documentation, shall be established for all members of the consortium individually.
14. OTHER REASONS FOR EXCLUSION OF TENDERERS AND DOCUMENTS TO BE SUBMITTED BY TENDERERS
AS EVIDENCE OF HIS CAPACITY
The contract authority will exclude tenderers from further public procurement procedure if:
1. They are bankrupt or being wound up, are having their affairs administered by the courts, have
entered into an arrangement with creditors, have suspended business activities, are the subject of
proceedings concerning those matters, or are in any analogous situation arising from a similar
procedure provided for in national legislation or regulations.
2. They launched preliminary proceedings in order to determine the conditions for the opening of
bankruptcy, or liquidation ex officio, or procedure before the court to set the person who will
manage liquidation, or an arrangement with creditors, or similar procedure under regulations of
the state where the economic entity is established.
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
6/16
For the purposes of ascertaining the circumstances from the paragraph 1 and 2, the economic operator
shall submit the following in the tender:
a) Excerpt from the court, or other appropriate register of the state of residence of the economic
entity, that may not be older than three (3) months from the date of commencement of the public
procurement procedure or,
b) equivalent document issued by a competent judicial or administrative authority in the state of
residence of the economic entity, if the document from item a) of this paragraph is not issued or it
does not contain all the information needed to determine required circumstances or,
c) statement under oath or equivalent statement from the person who is legally authorized to
represent the economic operator before a competent judicial or administrative authority, or a
notary, or a competent professional, or trade body in the state of residence of the economic
entity, or a statement certified by a notary which may not be older than 3 months counting from
the date of commencement of the public procurement procedure if the excerpt from item a) or
the document from item b) of this paragraph is not issued in the country where the economic
operator is established or if they do not contain all the information needed to determine
required circumstances
In the case of a consortium of bidders, the circumstances referred to in paragraph 14.1 and 14.2 of this
Tender Documentation, shall be established for all members of the consortium individually.
15. PROVISIONS ON THE TENDERER'S CAPACITY AND DOCUMENTS TO BE SUBMITTED BY TENDERER AS
EVIDENCE OF HIS CAPACITY
a) Conditions for a tenderers legal and business capacity and to be submitted by tenderer as evidence of
his capacity:
The Tenderer has to prove its registration with a court, trades, crafts, professional or other applicable
registry in the country where the economic operator is established
The registration with the registry is proven by appropriate extract, and if such extracts are not issued in the
state where the economic operator is established, the economic operator may submit a declaration on
which the signature has been legalised by the competent body.
The extract or declaration may not be older than three months, counting from the date of commencement
of public procurement procedure.
In the case of a consortium of bidders, all members of the consortium must prove their capacity
individually from item 15.a).
b) Minimal financial standing threshold of the tenderer and documents to be submitted by tenderer to
prove tenderer capacity:
1. The document issued by a bank or other financial institution proving the solvency of the economic
operator (BON 2/SOL 2).
With the requested evidence, economic operator proves that his principal bank account has not been
overdrawn for more than 10 days during the course of the past six months and continuously more than 20
days during the course of the past six months. With the requested evidence of good financial standing, the
economic operator proves that it has good financial standing and activity not to compromise the
performance of the contractual obligations. Account overdraft for a longer period is an indicator that the
economic operator is unable to pay off their current liabilities. We consider that account overdraft lasting
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
7/16
a few days can happen to any economic operator (short-term problems), but a continuous account
overdraft for a longer period is an indicator of more serious financial problems of the economic operator.
To ensure the comparability of tenders and for the requested evidence to prove its purpose to the
Contractor, the very evidence may not be older than 30 days counting from the date of commencement
of the public procurement procedure (it is of course clear that for example BON 2/SOL 2 issued 5 years ago
do not fulfil the purpose prescribed in the Tender Documentation and in the Public Procurement act, since
the data from the mentioned Act could have changed several times).
An economic operator may, where appropriate and for a particular contract, rely on the capacities of other
operators, regardless of the legal nature of the links, which it has with them. It must in that case prove to
the contracting authority that it will have at its disposal the resources necessary.
Under the same conditions, a consortium of bidders as referred to in Article 4 may rely on the capacities of
participants in the consortium or of other entities.
If for any justifiable reason, the economic operator is unable to submit a financial standing document
requested by the Contracting Authority, it is free to prove financial standing by any other document
deemed appropriate by the Contracting Authority.
c) Minimal technical and professional capacity conditions threshold of the tenderer and documents to
be submitted by the tenderer as evidence of his capacity:
A list of service agreements realised in the year in which the public procurement procedure commenced,
as well as in the six years preceding that year, with the value, date of the services rendered and the name
of the other contracting party, the Contracting Authority within the scope of the Public Procurement Act
(Official Gazette 90/11, 83/13, 143/13 and 13/14) or a private entity – Form 2.
In addition to the list, the tenderer must enclose at least three certificates duly services provided for the
same or similar contracts as the subject of procurement and whose aggregated value at least equal to the
estimated value of procurement (Form 3), with at least one certificate must be from contract for the
project, which was implemented and which investment value was at least € 15,000,000.
An economic operator may, where appropriate and for a particular contract, rely on the capacities of other
operators, regardless of the legal nature of the links, which it has with them. It must in that case prove to
the contracting authority that it will have at its disposal the resources necessary.
Under the same conditions, a consortium of bidders as referred to in Article 4 may rely on the capacities of
participants in the consortium or of other entities.
All required evidence and documents requested in items 13, 14, and 15 in this Tender Documentation
can be submitted as unverified copies. An unverified print of an electronic document is also deemed an
unverified copy. In case of doubt about the authenticity of the data given in the documents, the
Contracting Authority can request the submission of the original or certified copies or contact the issuer of
the documents and/or the competent authority.
16. CAPACITY CONDITIONS IN CASE OF A CONSORTIUM OF BIDDERS
In the case of a consortium of bidders, all members are obliged to individually submit evidence and
documents required under paragraphs 13, 14 and 15. a).
17. CLARIFICATION AND SUPPLEMENTING OF DOCUMENTS AND ELEMENTS OF THE TENDER
Pursuant to the Article 92 of the Public Procurement Act (Official Gazette 90/11, 83/13, 143/13 and 13/14)
in the procedure of examination and evaluation of tenders, the Contracting Authority may ask tenderers
for clarification or supplementation related to documents required under paragraphs 13, 14 and 15 in this
Tenders Documentation, to remove errors, omissions or ambiguities that can be removed. Under errors,
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
8/16
omissions or ambiguities are considered documents that are or seem ambiguous, incomplete, and fallible,
contain errors or are missing.
Clarification may not result in the change of the tender.
18. CONTENTS AND THE MANNER OF PREPARING AND DELIVERING THE TENDER
The tenderer submits the tender in one paper original in a closed envelope to the address of the Contractor
stated in the Tender Documentation.
The following has to be stated on the envelope containing the tender:
- The front side of the envelope:
GRAD SVETI IVAN ZELINA
Trg A. Starčevića 12
10380 SVETI IVAN ZELINA
Ref.no: 2/14
„PREPARATION OF FEASIBILITY STUDY FOR MULTIFUNCTIONAL SPA RESORT IN THE CITY OF SVETI IVAN
ZELINA“ – DO NOT OPEN
- On the backside:
Name and address of the tenderer
The offer consists of:
- Filled-in tender form,
- Bid bond ,
- Documents by which the tenderer proves that there are no mandatory reasons for exclusion,
- Documents by which the tenderer proves that there are no other reasons for exclusion,
- Required evidence for capacity,
- Elaborate for the evaluation of the technical part of the offer,
- Other required evidence pursuant to the Tender Documentation
The tender is drawn up in such a way to constitute an integral unit. If due to the scope or other objective
circumstances the tender cannot be drawn up so as to constitute an integral unit, then it is drawn up in
two or more parts.
When preparing the tender, the tenderer is not allowed to modify or supplement the text of the Tender
Documentation (except for the Tender Form in terms of adding information on the members of the
consortium of bidders, or on subcontractors.)
The tender shall be bound in such a way so as to prevent subsequent removal or insertion of sheets.
If the tender is drawn up in two or more parts, each part shall be bound in such a way so as to prevent
subsequent removal or insertion of sheets.
The tenderer shall mark with a title parts of the tender such as samples, catalogues, storage media and the
like which cannot be bound, and list them in the content of the tender as part of the tender.
If the tender consists of several parts, the tenderer shall indicate in the content of the tender how many
parts the tender comprises.
Sheets in the tender shall be numbered in such a way so as the current number of the page and the total
number of pages is visible. Where the tender is drawn up in several parts, the sheets are marked so that
each following part starts with the ordinal number subsequent to the ordinal number closing the preceding
part. If part of the tender is numbered in the original (for example, catalogues), the tenderer need not
numerate this part of the tender.
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
9/16
Tenders shall be submitted in originals.
The tenders shall be written in indelible ink.
Corrections in the tender must be drawn up so as to be visible. Corrections shall be accompanied by the
correction date and signature of the tenderer.
The tenderer may, before the expiry of the time limit for the receipt of tenders, submit change and/or
supplement to the tender. Changes and/or supplements to the tender shall be submitted in the same
manner as the basic tender with obligatory indication that these are changes and/or supplements to the
tender.
Until the expiry of the time limit for the receipt of tenders, the tenderer may issue a written statement
withdrawing its submitted tender. The written statement shall be submitted in the same manner as the
tender with obligatory indication of withdrawal of tender. In this case, the unopened tender shall be
returned to the tenderer.
19. ELECTRONIC SUBMISSION OF TENDER
Electronic submission of the tender is not allowed.
20. DETERMINING THE PRICE OF TENDER
The tenderer shall denominate offer price in kunas.
The tender price shall be written in numbers.
The tender price net of VAT shall include all costs and discounts.
The tender price is invariable for the duration of the contract.
If the tenderer is not registered in the VAT system or the subject matter of procurement is exempt from
VAT, in the tender form, in the field envisaged for entering the tender price inclusive of VAT, the equal
amount shall be entered as in the field envisaged for entering the price net of VAT, and the field envisaged
for entering the amount of VAT shall be left empty.
21. CRITERION FOR SELECTION OF TENDER
Criteria for selection of the tender is the most economically advantageous tender.
The contractor will choose the most economically advantageous tender, ie. acceptable tender with the
highest-rated calculate the number of points according to the following criteria and their relative
importance:
Technical part of the tender
Financial part of the tender
80 points
20 points
a) Technical part of the tender
Technical part of the of the tender will be evaluated as follows:
In accordance with the Terms of Reference, Feasibility Study for multifunctional spa resort in the city
of Sveti Ivan Zelina should consist of five components:, market, concept, feasibility and project
development. These five components represent also the assessment criteria for the technical part of
the tender. Therefore, in order to be able to asses the tender, tenderers are required to attach
Elaborate in which referring to the above components of the study is to describe and explain its offer.
Given the approach, elaboration and compliance with the required criteria of the scoring system is as
follows:
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
10/16
Basic data
Market
Concept
Feasibility
Project development
0 - 5 points
0 - 15 points
0 - 25 points
0 - 20 points
0 - 15 points
Technical part of the of the tender will be evaluated with a maximum of 80 points. The minimum score
for acceptance of the technical part of the offer is at least 70% of the number of points, ie. 56 points.
b) Financial part of the tender
The maximum number of points that the tenderer can get to this criterion is the 20. The tenderer that
submit a responsive tender with the lowest price will get the maximum points.
Points value of this criteria is calculated according to the following formula:
(The lowest tender price / tender price) * 20
The Orderer will determine for each bidder point value according to individual criteria, and points will
be awarded for each of the criteria and summarized to obtain the total number of points for each
tenderer. Most preferred is the tenderer that will achieve the highest total number of points according
to all of these criteria.
22. LANGUAGE AND SCRIPT OF TENDER
The tender shall be drawn up in Croatian and Latin script.
All evidence attached to the tender must be in Croatian.
If any of the documents and evidence required in the Tenders Documentation is written in a foreign
language, the tenderer shall enclose both the Croatian version of the documents/evidence, translated and
certified by a registered court interpreter.
23. TENDER VALIDITY PERIOD
Tender validity period shall be 90 days from the expiry of the time limit for the receipt of tenders.
Should the original validity of the tender expire, the contracting authority shall request the extension of
the period from the tenderers.
For the purpose of submitting a written statement of the tender on the extension of the tender validity
period pursuant to the extended period of tender validity, the tenderer shall be given an appropriate time
limit.
24. CONSORTIUM OF BIDDERS
Consortium of bidders is an association of several economic operators, which has submitted a timely joint
tender.
The joint tender must also enclose Appendix 1 for the consortium of bidders as well as the Statement of
Joint Bidding. The Statement must contain at least the following information:
- On a member of a consortium of bidders authorized to communicate with the Contracting Authority
as well as the authority to sign the Tender Form in the name of the consortium of bidders,
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
11/16
-
Which part of the public procurement contract (subject matter, quantity, value and percentage) they
should execute for each of the members of the consortium of bidders.
The consortium of bidders assume joint and several liability.
Should the consortium of bidders be selected for the conclusion of public procurement contract, it is
obliged within 8 (eight) days from the day of the date of the contract award decision to submit to the
Contracting Authority a legal act-agreement binding them to jointly perform the contract with all the
elements from the Statement of Consortium of bidders which show:
- Part of the services provided by each of the member of the consortium of bidders
- Assuming liability and obligations if one or more members of consortium of bidders are unable to
perform the contractual obligations,
- Information about the public procurement contract signer/signers.
All the members of the consortium of bidders must sign the legal act-agreement.
25. SUBCONTRACTORS
A subcontractor is an economic operator, which provides the services that are directly related to the
subject matter of the procurement, for the selected tenderer with which the Contracting Authority entered
into a public procurement contract.
Economic operators who intend to subcontract a part of the public procurement contract to one or more
subcontractors shall specify in their tender the data from the Article 86, paragraph (2) of the Public
Procurement Act (Official Gazette 90/11, 83/13, 143/13 and 13/14) and fill in Appendix II for
subcontractors.
Where the selected tenderer subcontracted a part of the public procurement contract, the previously
mentioned data shall be stated in the public procurement contract.
Participation of subcontractors does not affect question of the liability of the selected tenderer for the
execution of the public procurement contract.
If the part of the public procurement contract is subcontracted, then the contracting authority shall effect
payments directly to the subcontractor for the services provided.
Where part of a public procurement contract is subcontracted, the mandatory integral parts of the public
procurement contract shall be, as follows:
- Services to be provided by the subcontractor
- Subject matter, quantity, value, place and the deadline for the provision of the services, and
- Information about the subcontractor (name, company name, abridged company name, seat, OIB –
personal identification number and IBAN – account number).
The tenderer shall submit invoices of subcontractors together with their own invoices, which he verified
before.
Selected tenderer may during the performance of public procurement contract require from the
Contracting Authority the following:
- Change of the subcontractor for that part of the public procurement contract that it had previously
subcontracted,
- assuming the performance of the part of the public procurement contract that it had previously
subcontracted,
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
12/16
-
introducing one or more new subcontractors whose total share shall not exceed 30% of the value of
public procurement contract irrespective of whether it previously subcontracted a part of the public
procurement contract or not.
Along with the request referred to above, the selected tenderer shall submit to the contracting authority
the information referred to in paragraph (2), Article 86 of the Public Procurement Act (Official Gazette
90/11, 83/13, and 143/13) concerning the new subcontractor.
26. GUARANTEES
1. Tender guarantee (bid bond)
The tender is obliged to submit the tender guarantee in the amount of 50.000 kuna. The tender guarantee
may be in any of the following forms: a bill of exchange with the clause without protest or a blank
debenture bond (certified by a notary) or an unconditional and irrevocable bank guarantee payable by the
bank on demand without protest or cash deposit in the amount specified on the IBAN of customer:
HR9023600001842900004 reference number: 7242 HR68-OIB.
The original of the tender guarantee must be submitted.
The validity of the tender guarantee shall not be less than the tender validity period.
In the case of consortium of bidders, the tender guarantee is submitted by one of the members.
The contracting authority shall release the tender guarantee to tenderers immediately after completion of
the procurement procedure, and save the copy of the guarantee pursuant to paragraph 104 of the Public
Procurement Act (Official Gazette 90/11, 83/13, 143/13 and 13/14)
The Tender guarantee shall be forfeited by the contracting authority if a tenderer:
- withdraws its Tender during the period of Tender validity
- provides false information in the sense of Article 67 Paragraph 1 item 3 of the Public Procurement Act
- fails to present the original or certified copies pursuant to Article 95 item 4 of the Public Procurement
Act
- refuses to sign the Public Procurement Act
- fails to provide guarantee for the proper performance of the contract
Based on the results of the examination and evaluation of tenders, the Contracting Authority will reject the
tender not accompanied by the Tender Guarantee or if the submitted guarantee is not valid.
Guarantee shall be enclosed in a way that it can be inserted and retrieved without damage.
2. Performance guarantee
After receiving the public procurement contract, the tenderer is obliged to deliver the performance
guarantee within the period of 8 (eight) days from the day of signing and validating the contract. Before
the expiry of tender guarantee period the tender is obliged to deliver the guarantee for good performance
of the contract in the amount of 10 % (ten percent) of the total value of the contract (exclusive of VAT).
Performance guarantee shall be in the form of irrevocable bank guarantee payable by the bank on demand
without protest, and shall remain valid for 60 (sixty) days from the date of expiry of the contract period for
completion of services.
Substitution of the submitted bank guarantees with other security instruments is not allowed, except if a
security deposit in the amount of the bank guarantee is insured, on which the tenderer has no right to
charge the statutory default interest.
In the case of concluding the contract with a consortium of bidders, the performance guarantee can be
delivered by any member of the consortium of bidders, in full or partially with a member/members,
providing that the performance guarantee in any case must be 10% (ten percent) of the contract price of
services (exclusive of VAT).
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
13/16
In the case of failure to deliver the performance guarantee within the set deadline, the Contracting
Authority will annul the contract and forfeit the performance guarantee.
Performance guarantee shall be returned upon the successful performance of services.
27. DATE, TIME AND PLACE OF SUBMISSION OF TENDERS AND PUBLIC OPENING OF TENDERS
The tenders must be delivered to the address: Grad Sveti Ivan Zelina, Trg A. Starčevića 12, 10380 Sveti Ivan
Zelina.
The deadline for the submission of tenders is 11.11.2014. at 12:00 AM.
The public opening of tenders starts simultaneously with the time of expiry of the deadline for the
submission of tenders at the address of the Contracting Authority.
Tenders submitted after the expiry of the tender submission deadline will not be opened and will be
marked as late tenders and immediately returned to economic operators that have submitted them.
The authorized representatives of the tenderers as well as other persons may attend the public opening of
the proposals. Only the authorized representatives of the Contracting Authority and the authorized
representatives of the tenderers are entitled to actively participate in the procedure of the public opening
of the proposals.
28. DEADLINE FOR MAKING THE DECISION ON SELECTION OR ANNULMENT
The term for making the decision on selection or annulment is 45 days from the day of the expiry of the
deadline for submitting tenders.
One valid tender is sufficient for the selection.
If two or more tenders are equally have equally low prices the Contracting Authority the tender to be
evaluated will be picked at random.
If two or more valid tenders are ranked equally according to the selection criteria of most advantageous
offer, the concession grantor shall choose the tender, which was received earlier.
29. DEADLINE, WAYS AND TERMS OF PAYMENT
For the provision of contractual services, the Contracting Authority will not provide advance payment.
Payments to the selected tenderer for the provided services will be made by the Contracting Authority,
based on the issued invoice.
The authorized representative of the Contracting Authority is obliged to verify the invoice within 7 days,
and the Contracting Authority to make the payment within 45 days from the receipt of the invoice.
In the event of an invalid invoice, the Contracting Authority will return the original invoice to the tenderer
for correction, and the selected tenderer is obliged to re-submit the valid invoice to the Contracting
Authority within 3 days.
In the consortium of bidders, each member will be paid directly for the services provided, in such a manner
that the members make a recapitulation of all the services, submit all the R1 receipts from all the members
of the consortium (issued to the Contracting Authority) just for the aliquot part that belongs to them. A
receipt completed in such a way is submitted to the Contracting Authority for verification and further
procedure.
The Contracting Authority will record every R1 receipt separately and connect it with the payment. The
payment will be done directly to each member.
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
14/16
If a part of the public procurement contract is subcontracted, then the service to be carried out by the
subcontractors will be paid by the Contracting Authority directly to each subcontractor, which are
confirmed in the public procurement contract with a mandatory submission of subcontractors’ receipts to
the tenderer/members of the consortium.
The selected tenderer is obliged to specify on the receipt the amount to be paid and the number of account
of the subcontractors or the members of the consortium.
Without the consent of the Contracting Authority the selected tenderer shall not transfer to third parties
its claims towards the Contracting Authority.
30. NAME AND THE ADDRESS OF THE APPEAL BODY AND INFORMATION ABOUT THE DEADLINE FOR
LODGING AN APPEAL AGAINST TENDERER DOCUMENTATION
The appeal is stated in writing to the State Commission for Public Procurement Procedure Control to the
following address:
Republika Hrvatska
Državna komisija za kontrolu
postupaka javne nabave
Koturaška cesta 43 / IV
10000 Zagreb
Simultaneously with the delivery of the appeal to the State Commission, the Appealing Party must also
deliver a copy of the appeal to the contract authority in a provable manner. The appeal is submitted
directly, by post.
The appeal not submitted to the Contracting Authority in accordance with the item 3 paragraph 145 of the
Public Procurement Act (Official Gazette 90/11, 83/13, 143/13 and 13/14) shall be dismissed as irregular.
In the open procedure of low-value public procurement, the appeal is lodged within the term of five days
from the day of:
- publication of the invitation to tender with respect to the content of the invitation to tender and the
tender documentation and additional documentation if it exists,
- publication of amendments to the tender documentation with respect to the contents of the
modification of the documentation
- the opening of tenders with respect to allowing the Contracting Authority to respond to a timely
delivered request for explanation or modification related to the tender documentation and to the
tender opening procedure,
- the receipt of the decision on the selection or the decision on the annulment regarding the procedure
of checking, evaluation and selection of tenders, i.e. the reasons for the annulment.
The appellant who failed to lodge the appeal in the specific phase of the open procedure of the public
procurement in accordance with the paragraph (1) Article 146 of the Public Procurement Act (Official
Gazette 90/11, 83/13, 143/13 and 13/14) has no right to lodge an appeal in a later phase of the procedure
for the previous phase.
31.GRACE PERIOD
The grace period is ten days from the day of the delivery of the decision on selection in accordance with
Article 98, paragraph (1) of the Public Procurement Act (Official Gazette 90/11, 83/13, 143/13 and 13/14),
or ten days from the day of the delivery of the decision on annulment in accordance with article 101,
paragraph (7) of the Public Procurement Act (Official Gazette 90/11, 83/13, 143/13 and 13/14).
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
15/16
After the expiry of the grace period, if no legal protection proceedings are initiated, or after the delivery of
the decision of the State Commission for Public Procurement Procedure Control if a legal protection
proceeding is initiated, the decision on selection or the decision on annulment becomes effective.
32.THE EFFECT OF THE SELECTION DECISION AND CONCLUDING A PUBLIC PROCUREMENT CONTRACT
The decision on selection becomes effective after the expiry of the grace period. With the decision on
selection being enforced, the public procurement contract is created.
The contracting authority cannot enter a public procurement contract or enforce if before the decision on
selection has taken effect.
If an appeal against the decision has been stated, the decision becomes executive on the day the State
Commission for Supervision of Public Procurement Procedure has reached a decision pursuant to article
171 of the Public Procurement Act (Official Gazette 90/11, 83/13, 143/13 and 13/14) which dismisses the
appeal, rejects it or suspends it.
If the tender expired by the time the selection decision has taken effect, the public procurement contract
is concluded through the written statement of the tenderer extending the validity period, and if required,
delivering the tender guarantee in accordance with the extended validity period. An appropriate deadline
is set for the purpose of delivering the statement and the guarantee.
If the chosen tenderer within the deadline does not:
- deliver the statement extending the validity period and tender guarantee pursuant to paragraph (7)
of the article 95 of the Public Procurement Act (Official Gazette 90/11, 83/13, 143/13 and 13/14),
- withdraw the tender,
- refuse to sign the public procurement contract, or
- deliver the performance guarantee as required in the tender documentation, pursuant to the article
95 of the Public Procurement Act (Official Gazette 90/11, 83/13, 143/13 and 13/14), the contracting
authority will rank the tenderers according to tender evaluation criteria disregarding the selected
tenderer’s tender and choose the next most advantageous valid tender, or if there are reasons for it,
revoke the public procurement proceeding.
The contracting authority will publish a contract notice for every concluded public procurement contract
not later than 48 days from the day of the conclusion of public procurement contract.
33. CONFIDENTIALITY OF THE DOCUMENTS PROVIDED BY ECONOMIC OPERATORS
If the economic operator designates certain information from the tender as confidential, it shall have the
obligation to specify in its tender the legal basis to which the information is confidential.
The economic operator may not designate as confidential any information about the unit prices, the
amounts of individual items, the price of the tender and the information provided in the tender with
respect to the criteria for the selection of the most advantageous tender.
34. NECESSARY STATEMENTS
Tenderer’s statement regarding the acceptance of all provisions of the tender documentation (tender
documentation contains the tender form – Form 4).
Tenderer’s statement regarding the acceptance of the Public procurement contract (tender
documentation contains the tender form – Form 5).
35. OTHER
The Public Procurement Law (Official Gazette 90/11, 83/13, 143/13 and 13/14), the Directive on the
Composition and Treatment of Tender Documentation and Tenders (Official Gazette No. 10/12), other
laws and legal regulations of the Republic of Croatia will be applied to all questions regarding the tender,
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
16/16
conditions, manner and process of the procurement which are not regulated by this Tender
Documentation.
The tenderer makes the tender without special compensation.
36. TENDER FORM WITH ATTACHMENTS AND OTHER FORMS
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
TENDER FORM
A. Contracting Authority: GRAD SVETI IVAN ZELINA
Trg A. Starčevića 12, 10380 Sv. Ivan Zelina
OIB (Personal Identification Number): 49654336134
B. Subject matter of procurement:
C. Tenderer information:
 Consortium of bidders:
YES1
or
NO
(circle)
 Name of the Tenderer: _____________________________________________________________
 Registered seat:
___________________________________________________________
 Address:
______________________________________________________________
 Personal Identification Number:
_______________________________________________________________
 Account number:
______________________________________________________________
 Tenderer is included in the VAT system:
 Mailing address:
YES
or
NO
(circle)
________________________________________________
____________________________________________________________________________
 E-mail address:
______________________________________________________
 Tenderer contact person:______________________________________________________
 Telephone number:
______________________________________________________
 Fax number:
______________________________________________________
 Part of the contract is being subcontracted:
YES2
or
NO
(circle)
D. Name of the member of the consortium of bidders authorized for the communication with the
Contracting Authority:
_____________________________________________________________________________________
_________________________________________________________________________________
E. Tender price exclusive of VAT:
1
2
___________________________________________ kn
Amount of VAT (25%):
___________________________________________ kn
Tender price inclusive of VAT:
___________________________________________ kn
In case of joint tender, fill in Attachment I in the Tender Form
If the answer to item 2 is YES, fill in Attachment II in the Tender Form
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
A. In the event our tender is evaluated and selected, we are ready to carry out our service immediately
after signing the public procurement contract and finish within 4 months.
B. Tender Validity Period:
_______________________________________________
C. We hereby declare that the service which is the subject of this public procurement shall be carried
out on the basis of the concluded public procurement contract
M.P.
In __________________ 2014.
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
____________________________________________
(Signature of tenderer)
ATTACHMENT I OF THE TENDER FORM3
INFORMATION ABOUT THE MEMBERS OF THE CONSORTIUM OF BIDDERS
(enclose only in case of consortium of members)
_______. MEMBER OF THE CONSORTIUM OF BIDDERS
 Name of the member of the consortium of bidders:
_______________________________
 Headquarters of the member of the consortium of bidders:________________________________
 Personal Identification Number of the member of the consortium of bidders: __________________
 Account number of the member of the consortium of bidders:_____________________________
 Member of the consortium of bidders is included in the VAT system:
YES
or
NO
(circle)
 Mailing address of the member of the consortium of bidders:_____________________________
______________________________________________________________________________
 E-mail address of the member of the consortium of bidders:_______________________________
 Contact person for the member of the consortium of bidders:______________________________
 Telephone/fax number of member of the consortium of bidders:____________________________
Date: _______________________
Signature: _______________________
_______. MEMBER OF THE CONSORTIUM OF BIDDERS
 Name of the member of the consortium of bidders:
_______________________________
 Headquarters of the member of the consortium of bidders:________________________________
 Personal Identification Number of the member of the consortium of bidders: __________________
 Account number of the member of the consortium of bidders:_____________________________
 Member of the consortium of bidders is included in the VAT system:
YES
or
NO
(circle)
 Mailing address of the member of the consortium of bidders:_____________________________
______________________________________________________________________________
 E-mail address of the member of the consortium of bidders:_______________________________
 Contact person for the member of the consortium of bidders:______________________________
 Telephone/fax number of member of the consortium of bidders:____________________________
Date: _______________________
3
Several attachments I can be added, depending on the number of tenderers
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
Signature: _______________________
ATTACHMENT II OF THE TENDER FORM4
INFORMATION ABOUT THE SUBCONTRACTORS
(enclose only if part of the contract is to be subcontracted)
SUBCONTRACTOR_______.
Information about the subcontractor
Name or company:
Headquarters:
Personal Identification
Number:
Account Number:
Part of the public procurement contract which is to be carried out by the subcontractor
Subject matter:
Quantity:
Value:
Percent stake of the
public
procurement
contract
to
be
subcontracted:
Deadline:
4
Several attachments II can be added, depending on the number of subcontractors
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
FORM 1.
DECLARATION
(Pursuant to Art. 67, para. 1. item 1. of the Public Procurement Act (Official Gazette 90/11, 83/13, 143/13 and
13/14)
Whereby I
_________________________________________________________________________________________
(name and last name, address, ID Card number issued by _______________________________)
_________________________________________________________________________________
as the person authorized under law to represent the legal entity
_________________________________________________________________________________________
(name and registered seat of the economic entity, OIB)
under full material and criminal liability, do hereby declare that neither I personally nor the economic operator
have been the subject of a conviction by final judgement for any of the following criminal acts according to the
laws and regulations of the country where the economic operator is established or the country of citizenship
of the person authorized under law to represent the economic operator:
a) fraud (Article 236), fraud in business activities (Article 247), accepting a bribe in business activities
(Article 252), offering a bribe in business activities (Article 253), abuse in public procurement
procedure (Article 254), tax or customs duties evasion (Article 256), state aid fraud (Article 258),
money laundering (Article 265), abuse of position and official powers (Article 291), illegal intercession
(Article 292), accepting a bribe (Article 293), offering a bribe (Article 294), influence peddling (Article
295), offering a bribe for influence peddling (Article 296), criminal association (Article 328) and
committing a criminal act as a member of a crime syndicate (Article 329) from the Criminal Act,
b) fraud (Article 224), money laundering (Article 279), fraud in business activities (Article 293), accepting
a bribe in business activities (Article 294 a), offering a bribe in business activities (Article 294 b),
association for the purpose of perpetrating criminal acts (Article 333), abuse of position and official
powers (Article 337), abuse in performing governmental duty (Article 338), illegal intercession (Article
343), accepting a bribe (Article 347), and offering a bribe (Article 348) from the Criminal Act (Official
Gazette No. 110/97., 27/98., 50/00., 129/00., 51/01., 111/03., 190/03., 105/04., 84/05., 71/06.,
110/07., 152/08., 57/11., 77/11. and 143/12.).
_________________________________________
(Signature of the person authorized under law to represent the legal entity)
Date: _________ 2014.
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
FORM 2.
LIST OF SERVICE AGREEMENTS
NUMBER
DESCRIPTION OF THE SUBJECT
MATTER OF THE AGREEMENT
Date: _____________________
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
AGREEMENT
VALUE
(VAT excluded)
DATE OF SERVICES
RENDERED
OTHER
CONTRACTING
PARTY
Signature: __________________
FORM 3.
CONFIRMATION OF RENDERED SERVICES
NAME AND HEADQUARTERS OF THE OTHER CONTRACTING PARTY:
_______________________________________________________________________________________
NAME AND HEADQUARTERS OF THE SERVICE PERFORMER:
_______________________________________________________________________________________
NAME OF THE CONTRACT:
_______________________________________________________________________________________
_______________________________________________________________________________________
LIST OF SERVICE AGREEMENTS:__________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
VALUE OF RENDERED SERVICES (EXCLUSIVE OF VAT):
___________________________________________________
DATE OF SERVICES RENDERED:
________________________________________________________________
Date: _________________
Signature of the other contracting party:
__________________
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
FORM 4.
ACCEPTANCE STATEMENT
We do hereby declare that we are knowledgeable of all the provisions of the tender documentation, that we
accept all the terms and conditions set out in the said tender documentation, and we hereby undertake to
perform the contract in accordance with its provisions, and for the prices stated in the tender.
Date: _____________________
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
Signature: __________________
FORM 5.
STATEMENT ACCEPTING
PUBLIC PROCUREMENT CONTRACT PROPOSAL
We do hereby declare that we are knowledgeable of all the provisions of the public procurement contract
proposal, that we accept all its provision and we hereby undertake to perform the contract proposal in
accordance with its provisions.
Date: _____________________
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
Signature: __________________
The City of Sveti Ivan Zelina, Trg A. Starčevića 12, 10380 Sv. Ivan Zelina, PIN: 49654336134, represented by
Major Hrvoje Košćec (hereinafter the Client)
and
_________________________________________________________________________________________
_________________________________________________________________________________________
(hereinafter: the Contractor)
have concluded the following:
PUBLIC PROCUREMENT CONTRACT
Subject of Contract
Article 1
(1) With this contract the Client entrusts and the Contractor undertakes to render the services
______________________.
(2) The Contractor undertakes to perform ____________ in all according to the Terms of Reference and to the
Contractor’s tender, which are the integral part of this Contract.
Contract Price
Article 2
(1) The Client agrees to pay the Contractor for the compensation of services rendered, as stated in Article 1 of
this Contract, the Contract Price in the amount of:
Price
of
services _____________
(exclusive of VAT):
VAT (25%):
_____________
kunas
Price
of
services _____________
(inclusive of VAT):
kunas
kunas
In letters: (________________________________________________________________________).
(2) The contract price is invariable for the duration of the contract.
Sufficiency of the Contract Price
Article 3
(1) The Contractor shall be deemed to have based the Contract Price on the data, interpretations, necessary
notices, and information on all the relevant issues and that he has obtained all the necessary information about
all the circumstances, which can affect the provision of services under this Contract.
(2) The Contract Price covers all cover all the obligations of the Contractor under the Contract and all matters
and things necessary for a proper, scrupulous and professional provision of services.
Deadlines and progress of the provision of services
Article 4
(1) The contractor undertakes to commence the provision of services under this Contract immediately upon
signing this contract within the period of 5 months.
Article 5
(1) The correction of shortcomings in the documentation identified by the Client shall not be considered a
sufficient reason for an extension of the deadline from the Article 4 of this Contract.
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
(2) The cost of the correction of shortcomings stated in the previous paragraph, for whatever reason, will be
charged to the Contractor.
Article 6
(1) If the Contractor fails to complete the preparation of the documentation within the contract period from
Article 4 (1), he is obliged to pay the Client penalties in the amount of 2‰ (two per mil) of the total value of
the contract price daily and for each day of the delay, providing that the total amount of the penalties may
not exceed 10% (ten per cent) of the contract price.
(2) The Client has the right to reduce the contract price by the amount from the previous Article or, if he wants
to, through the performance guarantee.
Article 7
(1) The deadline for the completion of documentation from Article 4 (1) of this Contract will be extended if:
 during the preparation of documentation, modifications are being made at the demand of the Client,
 due to changed circumstances, force majeure or unfulfilled obligations by the Client, the Contractor
was unable to fulfil the contractual obligations. Changed circumstances are considered to be
circumstances which occur after the conclusion of Contract and whose occurrence the Contractor was
unable to foresee, and which are of such nature that the Contractor was unable to prepare the
documentation within the deadline from Article 4 (1) of this Contract. The reason for extending the
deadline can be only that change in circumstances, which the Contractor did not cause by itself or
because of the reason for which the Contractor is responsible.
(2) In such cases referred to in the previous paragraph, the Client shall grant a new, appropriate time period
for the completion of services to the Contractor.
(3) In the event of changed circumstances referred to in the paragraph (1) of this Article which condition the
necessity of extension of time for the completion of services, the Contractor is obliged to submit a detailed
written explanation to the Client and obtain an extension no more than 30 (thirty) days prior to the expiry of
the contract period.
(4) If the Contractor fails to inform the Client about the necessity of time extension on time and does not get
his approval, the extension will not be accepted and Article 6 of this Contract shall be applied.
Issuing, verification and payment of receipt
Article 8
(1) For the provision of contractual services, the Client will not provide advance payment.
(2) Payments to the Contractor for the services rendered will be made by the Client based on the issued invoice.
(3) The authorized representative of the Client is obliged to verify the invoice within 3 days, and the Client shall
make the payment within 45 days from the receipt of the invoice.
(4) In the event of an invalid invoice, the Client will return the original invoice for correction, and the Contractor
is obliged to re-submit the invalid invoice to the Client within 3 days.
(5) In the consortium of bidders, each member will be paid directly for the services provided, in such a manner
that the members make a recapitulation of all the services, submit all the R1 receipts from all the members of
the consortium (issued to the Client) just for the aliquot part that belongs to them. A receipt completed in such
a manner is submitted to the Client for verification and further procedure.
The client will record every R1 receipt separately and connect it with the payment. The payment will be done
directly to each member.
(6) If a part of the public procurement contract is subcontracted, then the service to be carried out by the
subcontractors will be paid by the Client directly to each subcontractor, which are confirmed in the public
procurement contract with a mandatory submission of subcontractors’ receipts to the tenderer/members of
the consortium.
Contractor is obliged to specify on the receipt the amount to be paid and the number of account of the
subcontractors or the members of the consortium.
(7) Without the consent of the Client, the Contractor shall not transfer to third parties its claims towards the
Client.
Contractor’s obligations
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
Article 9
(1) In providing the services under this contract, the Contractor is obliged to represent the interests of the
Client, in a way to consider and propose more rational solutions during the preparation of the documentation.
(2) The Contractor undertakes not to give any information about the documentation to anyone, without the
Client’s knowledge and consent, and he is obliged to keep the subject matter of the Contract as a business
secret.
(3) Integrity Clause: The Contractor agrees to act professionally, independently, ethically and with caution of
a good expert during the performance of the contractual obligations.
Article 10
(1) The Contractor is obliged to perform the contractual obligations according to the Terms of Reference and
its Tender, all in accordance with the provisions of this Contract.
(2) The Contractor undertakes to warn the Client as soon as possible about the shortcomings of the Terms of
Reference, based on which the Contractor should prepare the documentation from the article 1 of this
contract.
Article 11
(1) The contractor is obliged to enable the Client access and checking of the state of the preparation of the
documentation in its quality and quantity.
Article 12
(1) The contractor undertakes to submit the complete documentation under this Contract in the number of
copies specified in the Terms of Reference.
Performance Guarantee
Article 13
(1) The Contractor is obliged, within the term of 8 days from the day of signing and verifying this Contract and
before the expiry of the tender guarantee, to submit to the Client the performance guarantee in the amount
of 10% of the total contract price (exclusive of VAT) in the form of an irrevocable bank guarantee payable by
the bank on demand without protest valid for 60 (sixty) days after the contract period for the completion of
services.
(2) The Contractor shall inform the representative of the Client about the submitted guarantee.
(3) The substitution of the submitted bank guarantee with other security instruments is not allowed, except if
a security deposit in the amount of the bank guarantee is insured, on which the Contractor has no right to
charge the statutory default interest.
(4) In the case of concluding the contract with a consortium of bidders, the performance guarantee can be
delivered by any member of the consortium of bidders, in full or partially with a member/members, providing
that the performance guarantee in any case must be 10% (ten percent) of the contract price of services
(exclusive of VAT).
(5) In the case of failure to deliver the performance guarantee within the contract period from paragraph (1)
of this Article, the Client will terminate the contract.
(6) Should the completion of services under this Contract be extended after the contract period from Article 4
(1) of this Contract, the Contractor is obliged to deliver to the Client a new guarantee from the paragraph (1)
of this article, for the following period in which the contractual services will be completed.
(7) The Contractor is obliged to submit the new guarantee no later than 15 days before the expiry of the validity
of the guarantee from paragraph (1) of this Article.
(8) Should the Contractor fail to deliver the new guarantee from paragraph (5) of this Article within the period
stated in paragraph (6) of this Article, the Client will charge the guarantee from paragraph (1) of this Article
and has the right to terminate the Contract.
(9) In the event that the Contractor is not able to, for justifiable reasons, submit the new guarantee from
paragraph (6) of this Article within the period stated in paragraph (7) of this Article, the Client shall not pay the
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
outstanding liabilities under Contract, in the total amount of the guarantee from paragraph (1). On the held
funds, the Contractor has no right to accrue statutory default interests. After the submission of the guarantee
from paragraph (7), the Client will pay the held funds.
(10) Performance guarantee shall be returned upon the successful performance of services.
Assignment of a part of the Contract to the Subcontractors
Article 14
(1) During the performance of services under the Contract, the Contractor may request from the Client:
– a change of the subcontractor for that portion of the public procurement contract that was previously
subcontracted
– to take over a portion of the public procurement contract that was previously subcontracted
– to introduce one or more new subcontractors whose total share may not exceed 30% of the value of public
procurement contracts regardless of whether or not parts of the public procurement contract had previously
been subcontracted .
(2) Subcontracting a part of the Contract cannot affect the rights and obligations of the contracting parties
stated in this Contract.
(3) The Contractor shall be responsible for any act or breach of Contract of his subcontractors and their agents
or employees, as if were an act or breach of contract of the Contractor.
(4) Information on subcontractors:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
(5) The Client is obliged to pay directly to the subcontractors the part of the contract performed by
subcontractors.
The Contractor is obliged to specify the amount to be paid to the subcontractors and the number of the
account of the subcontractors.
Breach of Contract by the Client
Article 15
(1) If the Contractors fails to discharge some of its obligations under this Contract, the representative of the
Client may, after giving the Contractor written notice, demand from the Contractor to fulfil his obligations
within a reasonable period.
(2) The Client has the right to terminate the Contract if the Contractor:
 the Contractor fails to comply within a reasonable period with a notice to fulfil his obligation pursuant
to the previous paragraph
 does not submit the requested guarantees
 becomes insolvent or bankrupt, or
 fails to discharge other obligations in which case by this Contract or by law a breach of Contract is
provided as a sanction.
Article 16
(1) The Client has the right to terminate this Agreement at any time by giving written notice of such termination
to Contractor. Contractor in this case retains all the rights that belong to him
The termination shall take effect 30 (thirty) days after the date the Contractor receives such notice or the Client
returns the performance guarantee, whichever date is later.
Article 17
(1) The Client terminates the contract via a written notice to the Contractor.
(2) In the event of terminating the contract pursuant to Article 15 and Article 16, the Client shall pay the
Contractor only the services rendered, which shall be reduced by the costs and damages the Client suffers
because of the termination.
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
Termination of Contract by the Contractor
Article 18
(1) The Contractor may terminate this Contract if the Client substantially fails to perform its obligations under
this Contract.
Entire agreement, severability clause
Article 19
(1) The contracting parties shall cooperate in good faith with one another in consummating this Contract and
undertake to sign all documents, give all observations and perform other actions which will be necessary to
fulfil this Contract.
(2) Should the provisions under this Contract be or become invalid, or in the event of legal gaps in the
provisions of this Contract, it will have no bearing on the validity of all other provisions under this Contract. In
such events the invalid provision shall be replaced with a new one which will be, in economic terms, the closes
to the invalid provision.
Joint liability
Article 20
(1) Should the Contractor establish a joint venture, consortium or some other group of two or more members
(consortium of members) which do not represent a legal entity, it shall be considered that those members are
individually and jointly liable to the Client for the realisation of the Contract.
(2) Change in the organisation or legal status from the previous paragraph must be approved by the Client.
Final provisions
Article 21
(1) The integral parts of this Contract are the below listed documents in paragraph (2)
(2) The documents that make up this Contract complement each other. For the purposes of the interpretation
of the documents, their order of precedence shall be as follows:
 this Contract,
 Offer,
 Statement of Joint bidding,
 Funds availability statement.
Article 22
Any disputes arising in connection with this Contract shall be resolved amicably by the Contractor and the
Client, and in the event of failure to reach consensus, the disputes will be handled by a competent authority.
Article 23
(1) This Contract is made in 8 (eight) identical copies, with each copy having the force of the original, with each
contracting party retaining 4 (four) copies.
(2) This Contract enters into force upon signing by both contracting parties.
CLASS:
REG.NO:
Sv. Ivan Zelina,
FOR THE CLIENT:
Mayor
Hrvoje Košćec
_________________________
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
In __________, _____________
FOR THE CONTRACTOR:
__________________________
TERMS OF REFERENCE
1.0)
Initial Situation
The city of Sveti Ivan Zelina strategically decided ten years ago for the development of tourism, whose basis and
driving force is represented in the revitalisation of the existing Sport and recreation centre given the available natural
resources (two thermal springs), geo-traffic position, preserved nature and landscape.
Throughout the past ten years the City has made great efforts in creating the preconditions for the realization of
investment: the adoption of the Spatial Plan of the City, Urban Plan of the Tourism and Hospitality Zone, and
particularly the settlement of property-legal relations in the land complex which was preserved as an integral whole
of approximately 25 ha, and next to the mentioned area, a golf course of 50 ha is reserved by the Spatial Plan.
According to first estimations, Croatia has not yet caught the wellness “boom” of central Europe with its high-quality
tourism in modern multifunctional spa resort, so there is no such complex in Croatia. However, a great proportion of
guests and the purchasing power are flowing into the adjacent spa in Slovenia, such as Terme Čatež or Terme
Olimnia.
Since 01.07.2013. Croatia is a member of the European Union creating thereby conditions for the withdrawal of funds
from the EU structural funds for the development of tourism in the program planning for the period of 2014th-2020th
The funds can be claimed only with adequately prepared projects.
Macrolocation Sveti Ivan Zelina with its existing tourism resources, attractive land for the development of thermal
springs’ project, the vicinity of the source market Zagreb and the necessary and available incentives, has ideal
conditions for the development and realization of Wellness & Spa Resort.
Spas of this kind have supraregional reach and can turn and supply the source markets such as Zagreb. The
realization of such a key project makes, as is evident from numeral examples of central Europe, a basis of an
economic growth and employment and creates prosperity in the secondary and tertiary industries of the whole region.
In the feasibility study, the foundations for the project Sveti Ivan Zelina Multifunctional spa resort (working title)
should be examined, processed and presented, and the necessary general conditions and structures in the typical
five components:
- General information
- Market
- Concept
- Feasibility
- The development of the project
2.0)
The scope of the study
The feasibility study should cover the first conceptual and economic definition and specification of complex tourism
infrastructure project. It will serve as a general assessment of the feasibility of the project and will be the central
element in deciding on initiating the project development. The feasibility study should consist of five components,
which are:
I) Basic information – encompassing and assessing the bases relevant for the project about macrolocation
and microlocation, demographics, purchasing power, the existing tourism, economic background, the history
of the project etc.
II) Market – encompassing, representing and evaluating the target market for the "product" wellness spa in
developments and trends, case studies, analysis and market competition, the performance potential of the
market, the ability of activation, estimates of frequency, etc.
III) Concept – the development of the first project concept with marketing basics, target groups to be addressed,
project modules and elements of supply, zoning and logistics, the first program area and a possible
architectural preliminary draft.
IV) Feasibility - making the first calculation of the overall cost-effectiveness of the project with its profit potentials,
initial estimates of investment costs and the necessary infrastructure, funding model, and an overview of the
company cash flow, profit calculation, etc.
V) Project Development - defining and structuring of the further development of the program using the tools
Development Program and Corporate Structure, as well as a SWOT analysis, a catalogue of arguments and
presentation materials on the project.
2.1)
Component I – Basic information
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
The component “Basic information2 should include encompassing, analysing and evaluating relevant bases for the
project Sveti Ivan Zelina Multifunctional spa resort, as the foundation for all subsequent processing steps. The
individual elements are:
I.1
Macrolocation
Presentation and assessment of macrolocation at national, regional and local level , i.e. the Republic of
Croatia, Prigorje region and the City of Sveti Ivan Zelina, with basic information about the region, location and
accessibility, history, climate, demography, economy, etc.
I.2
Purchasing power analysis
Compiling and preparing data on regional purchasing power from international analyses and regional
assessments, if available or accessible to the Contractor of the study in preparation.
I.3
Analysis of tourism
Analysis of the existing tourism in the framework of a standardized analysis of tourism with an evaluation of
supply, demand, structure, seasonal character, trends, etc.
I.4
Project and history
Verification and presentation of the project in its illustrated condition and its history up to the present moment,
as well as harmonization in terms of preparatory works which are in any case necessary to be taken over.
I.5
Microlocation
Verification, presentation and evaluation of the location of the expected project location in relation to the
position, connectivity, size, property relations, infrastructure, suitability, etc.
I.6
Strategies of tourism and tourism development
Overview and a short presentation of the adopted national, regional or local tourism strategies of tourism and
the program of tourism development and an equalization with the project.
2.2)
Component II – Market
Understanding and proper assessment of the target market are the foundation of a successful project development.
The Component “Market” should include the analysis and evaluation of the wellness market, the demographic
framework conditions and a potential demand for the project. Elements of the components are:
II.1 Market for health and wellness services in Croatia
Analysis and presentation of markets for health and wellness services in Croatia on the basis of the available
secondary data, as well as an evaluation in relation to the designed spa complex.
II.2 Analysis of competition
Analysis and presentation of relevant competitors on the regional and above regional level and determining
their level of competition. Competitors who are monitored (max. 10) are defined within the project team, the
Contractor visits them and presents their data if they are available or published as part of the study.
II.3 International trends – case study
Compressed presentation of international trends in the field of spas, as well as the preparation of three case
studies on successful complexes under a common umbrella brand/economic operators. Based on these
reference projects, the development, dimensioning, supply and performance factors of profitable wellness
complexes are presented and designed.
II.4 Catchment area and market potential
Determining catchment area to Sveti Ivan Zelina and processing the basic potential it contains.
II.5 Frequency estimation
Estimating the frequency of visitors for the project in the area of daily guests using a structured procedure for
performing frequency based on the comparative values and assumptions that need to be presented.
2.3)
Component III – Concept
The component should include the development of the concept of Sveti Ivan Zelina Multifunctional spa resort, starting
with the principal orientation and positioning of the complex, its individual projects and elements of the offer, to the
first default sizes related to architecture. Individual elements of the components are:
III.1 Development guidelines and positioning
Determining development guidelines for the Sveti Ivan Zelina Multifunctional spa resort, from the general
orientation of the complex and its positioning in the market in collaboration with the project team, with the basic
statements in relation to the function, marketing and target groups.
III.2 Components and dimensions
The definition and concept design of the integral parts of the complex (provided spas, hotels and
infrastructure), joint bidding leader and elements of the tender, determining the dimensions, capacity and
economic parameters.
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
III.3
III.4
Zone planning and logistics
Zone planning on land designed for construction, as well as territorial positioning of individual projects within
it , in cooperation with the project team with the determination of the basic functions and logistics of the
complex and, if necessary, superior connectivity/design plan.
Spatial planning
Preparation and presentation of the first general spatial plan for the complex and its individual projects based
on dimensioning and comparative figures stating the first default sizes in relation to architecture.
We suggest that the underlying study does not contain any specific or technical and professional services or
expertise.
2.4)
Component IV – Feasibility
In this area of services it is necessary to make the first calculation of the profitability of the multifunctional spa resort
complex and its sectors on the basis of previous components of Basic information, Market, and Concept, as well as
further estimates and assumptions that need to be presented. The elements are:
IV.1 Operational Planning
Establishing operational bases in the tables for planning the profit for the spa, treatments and a hotel, with the
basic assumptions of frequency and profit curves for the start of operations, as well as the first planning of
staff.
IV.2 Company reports
Prepare profit and loss account and cash flow statement for the complex, in the time series of 10 years and
on the basis of the system USALI (Uniform Systems of Account for the Lodging Industry) and assumptions for
individual cost items.
IV.3 Investment and infrastructure
Creating the investment table with the preliminary estimates of construction costs, additional costs and the
basic costs of the complex, as well as the costs of special infrastructural measures and projects needed for
the realisation of this project.
IV.4 Financing model
Establishing the first financing model and its parameters on the basis of equity, foreign capital and incentives,
also in close collaboration with the Client.
IV.5 Profit
Calculation and presentation of the total capital gain and the economic rent of equity (NPV, IRR) on the basis
of cash flows statements from IV.2 and assumptions of undepreciated value.
The feasibility is a model estimate, based on the general numerical indicators of the industry/standard values
and knowledge specific to the project. This component should determine the economic background and the
ability of the project to create income. It does not contain any trade or tax legal deepening/optimization.
2.5)
Component V – Project Development
Area of the component should include the development of structures for the realization of the concept of the project
if there is a further development of the project. This should be implemented by standardized development tools
(Development Tools) and supplemented by argumentation and presentational aids. Elements of this component are:
V.1 Development Program©
Preparation and presentation of the development program for the project with its main stages, implementation
steps, essential points of decision-making, as well as rough estimates of costs and deadlines.
V.2 Corporate Structure
Preparation and presentation of the company structure and the structure of the contract for the project, broken
down on functional units with the main contracts which they must mutually conclude, and which form the basis
for later legal structure and financing structure.
V.3 SWOT analysis
Analysis and assessment of strengths and weaknesses, as well as the opportunities and risks of the project
for the target region
V.4 Arguments catalogue
Making a brief catalogue of the key arguments for helping with the argumentation in favour of the project.
V.5 Presentation material
Creating a Power Point presentation that contains the results of the feasibility study intended for the
presentation of the project to different target groups.
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14
3.0)
Organization
Preparation and development of The feasibility study will be carried out with the involvement of the Client’s project
team within 3-5 meetings with the team on the spot. Selection of project team members (max. 7 people) will be
carried out by mutual agreement between the Client and the selected Tenderer.
Grad Sveti Ivan Zelina: Tender Documentation rec.no. 2/14