SIA “Eiropas dzelzceļa līnijas” -...

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APPROVED BY

SIA “Eiropas dzelzceļa līnijas”

Procurement Commission meeting

of 20 February 2017

(minutes of the meeting No.2)

Chairperson of Procurement Commission

K.Vingris

____________________________


Open tender

“Identification and study of cultural heritage within the compartment zone of

Rail Baltica line in Latvian territory “

Regulations

Procurement identification No. EDZL 2017/1 CEF

Riga,

2017

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1. General information

1.1. Procurement procedure

The procurement procedure is an open tender (hereinafter – tender), which is carried out

according to the Public Procurement Law and these regulations (hereinafter – regulations).

1.2. Procurement identification number EDZL 2017/1 CEF.

1.3. Contracting Authority: Name of the contracting authority: Limited Liability Company “Eiropas dzelzceļa

līnijas”

Registration number: 40103836785

Registered address: 3 Gogoļa Street, Rīga, LV-1743

Actual address: 12 Maskavas Street, Rīga, LV-1050

Phone: 66954242

1.4. Tenderer

A supplier, who has submitted its offer in the tender.

1.5. Procurement Commission

The tender is carried out by the procurement commission of limited liability company

„Eiropas dzelzceļa līnijas” (hereinafter – SIA “Eiropas dzelzceļa līnijas”), which is

established according to the decree No EDZL-03-1/19 of 25 January 2017 “On the

establishment of a procurement commission for the procurement „Identification and

study of cultural heritage within the compartment zone of Rail Baltica line in Latvian

territory“ (hereinafter – commission).

1.6. Funding

The procurement is funded from the Connecting Europe Facility (CEF) project

„Development of 1435 mm gauge railway line Rail Baltic/ Rail Baltica (RB) corridor

through Estonia, Latvia, and Lithuania (Stage 2)”, No. 2015-EU-TM-0347-M, funds.

1.7. Contact of the contracting authority

Ms Ira Koleba, procurement expert at the Legal Department of SIA „Eiropas dzelzceļa

līnijas“, address: 12 Maskavas Street, Riga, LV-1050, ph. +371 66954255, (e-mail

address: [email protected].

1.8. Information about the tender subject 1.8.1. The subject of the tender is listing and study of cultural heritage within the partition

zone of Rail Baltica route, section in Latvia, according to the Technical

Specification (Annex 2 hereof).

1.8.2. The tender is not split into lots.

1.8.3. The tenderer is forbidden to submit alternative offers.

1.8.4. CPV code: 71000000-8.

1.9. Time and place of framework agreement execution

1.9.1. The framework agreement is concluded for a period up to 1 September 2018, or

until the lump sum of the framework agreement amounting to EUR 295,000.00

(two hundred ninety-five thousand Euro, 00 cents) excluding VAT is reached. The

Contracting Authority is entitled to prolong the Framework agreement term subject

to a written agreement entered by and between the framework agreement parties,

where the Contracting Authority is being prolonged the allocated funding term for

a period equal to that of the prolonged period, but no longer than by 2 (two) years.

1.9.2. Location of framework agreement execution: Territory of the Republic of Latvia.

mailto:[email protected]

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1.9.3. The Framework agreement will be closed with at least 3 (three) and no more than 7

(seven) Tenderers, who will have submitted bids according to the requirements of

the regulations and will have offered the lowered contract price.

1.9.3.1. In case 3 (three) bids according to the requirements of the regulations will not be

received, the Commission is entitled to select a smaller number of bids meeting

all the requirements of the regulations and offering the lowest price;

1.9.3.2. In case less than 2 (two) bids according to the requirements of the regulations and

offering the lowest price, but where the price is equal, will be received, the

Commission is entitled to select a larger number of bids meeting all the

requirements of the regulations and offering the lowest price.

1.10. Procedures for information exchange and receipt of tender regulations

1.10.1. Exchange of information between the commission and interested suppliers and

Tenderers shall be by mail or e-mail to the Contracting Authority contact person's

e-mail address.

1.10.2. Tender regulations, amendments to regulations and other relevant information

about the Tender regulations shall be published on the Contracting Authority's

website: www.edzl.lv.

1.10.3. Where the interested supplier requests extra information on the requirements

contained within the regulations regarding the drafting and submission of bid or the

Tenderers' selection in due time, the commission shall provide it within 5 (five)

days, but no later than 6 (six) days before the bid submission deadline. Answers to

the supplier requests for extra information about the regulations are sent to the

interested supplier, who posted the question, and is also published on the website of

the Contracting Authority: www.edzl.lv.

1.10.4. The interested suppliers are obliged to check the information published on the

website of the Contracting Authority.

1.10.5. All interested suppliers can view the regulations free of charge in the premises of

the Contracting Authority, address according to Clause 1.7 herein, every business

day from 8.30am to 5pm, subject to prior announcement of the visit to the contact

person of the Contracting Authority by calling +371 66954255 at least 2 (two)

hours in advance.

1.10.6. Where the interested supplier requests the regulations in paper, the commission

shall present it to the interested supplier within 2 (two) business days after the

respective request has been received, provided that the request has been submitted

prior to the bid submission deadline.

1.11. Bid submission and opening

1.11.1. The bids can be submitted by mail or in person to SIA “Eiropas dzelzceļa līnijas”,

12 Maskavas Street, Riga, LV-1050, on business days from 8.30am till 5pm, by 21

April 2017 at 10am, subject to prior notification of the visit by calling +371

66954242 or +371 66954255. Postal deliveries are deemed submitted in time, if

they are received in the address indicated above by the bid submission deadline.

1.11.2. The submitted bid can be revoked or amended by the Tenderer only by the bid

submission deadline. In case of bid replacement the bid submission time is deemed

the time the last bid was submitted.

1.11.3. Where the bid has been submitted after the bid submission deadline, it is given

back or sent by mail back unopened to the Tenderer.

1.11.4. The submitted bids will be opened at SIA “Eiropas dzelzceļa līnijas”, 12 Maskavas

Street, Riga, LV-1050, in an open meeting on 21 April 2017 at 10am.

http://www.edzl.lv/

http://www.edzl.lv/

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1.11.5. The bids are opened according to the sequence they were submitted by calling out

the Tenderer, the date and time its bid was submitted.

1.12. Requirements as regards the design of the bid

1.12.1. The bid is submitted in a sealed/ stamped envelope/ package, which bears the

following on top of it:

a) Name and office address of the Contracting Authority; SIA “Eiropas dzelzceļa

līnijas”, 12 Maskavas Street, Riga, LV-1050;

b) Name, registration number and registered address of the Tenderer;

c) remark:

„BID FOR THE OPEN TENDER

“Identification and study of cultural heritage within the compartment zone of Rail

Baltica line in Latvian territory “

Identification No. EDZL 2017/1 CEF

Do not open before the bid submission deadline on 21 April 2017 at 10am“

1.12.2. The bid consists of the following sections:

a) Application for participation in the tender;

b) Qualification documents of the Tenderer;

d) Technical Offer;

d) Financial Offer

1.12.3. The Tenderer submits 1 (one) original bid typed in paper bearing the remark

„ORIGINAL“ and 2 (two) copies with the remark „COPY“. Where the copy of the

bid differs from its original, the commission shall refer to the original. The bid shall

be submitted also electronically, on a digital data carrier, in a format, which is

legible by standard software tools, while the financial offer shall be submitted in

Microsoft Office Excel format. The electronically submitted bid shall be enabled

the print functions and documents by the Tenderer shall be enabled the search

function. The digital data carrier containing the electronic bid shall be inserted in

the envelope/ package according to Clause 1.12.1 herein.

1.12.4. The bid shall have a table of contents listing each part of the bid documents.

1.12.5. The bid documents shall be sewn together preventing the removal of any page

thereof without damage to the perforation fixing. The perforating string is attached

at the back of the last page by sticking a self-adhesive label onto it; the label shall

bear a remark of the number of pages in the document and shall be signed by an

authorised signatory or an authorised person of him. The pages shall be numbered

in line with the attached table of contents.

1.12.6. The documents included in the bid shall be clearly legible in typewriting, without

any strikethrough texts, additions, unjustified corrections, use of correction pens or

deletions. In case of any amendments, these shall be justified in according to

statutory requirements under the Cabinet of Ministers Regulations No. 916

„Procedures for drafting and finishing documents“ of 28 September 2010.

1.12.7. In the bid or following a request by the commission, original documents of legal

power shall be submitted. For a document to become valid, it shall be issued and

designed according to the Law On Legal Force of Documents, while a public

document issued abroad shall be legalised or approved (by means of an apostille)

according to the statutory requirements of the Document Legalisation Law.

1.12.8. The bid shall be drawn up in Latvian. Bid documents drafted in another language

shall be attached a translation approved by the Tenderer in Latvian according to the

Cabinet of Ministers Regulations No 291 „Procedures for the Certification of

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Document Translations in the Official Language“ of 22 August 2000. The Tenderer

is liable for the consistency of translation with the original/

1.12.9. Copies of documents are drafted and designed according to Law On Legal Force of

Documents and Cabinet of Ministers Regulations No. 916 „Procedures for drafting

and finishing documents“ of 28 September 2010. Should the commission doubt the

authenticity of a submitted document copy, it requires the Tenderer presents the

original document.

1.12.10. At the submission of the bid, the Tenderer has the right to approve all copies and

translations of submitted documents with a single approval, provided the whole

bid is bound as a single unit.

1.12.11. The bid shall be signed by and authorised signatory of the Tenderer or an

authorised person by him, and a respective power of attorney shall be attached,

which is a proof the person is authorised to sign the bid and approve the copies

and translations of submitted documents.

1.12.12. Where the bid is submitted by a partnership, the bid shall be signed by all

entities, which are part of the partnership, or a person authorised by the

partnership.

1.12.13. Upon submission of the bid, the Tenderer fully acknowledges all provisions

contained within the regulations.

1.12.14. The submitted bids are property of Contracting Authority and shall not be

returned to the Tenderer.

1.13. Other information

1.13.1. All submitted bids are stored unopened in their sealed packages until the bid

opening meeting. Early opening of bids is prohibited.

1.13.2. The Tenderer shall ensure communication with the Contracting Authority in

Latvian. The language of procurement procedure, exchange of information,

framework agreement, and contract executing language is Latvian.

1.13.3. The tenderer shall cover all and any costs related to the preparation and submission

of the bid.

1.13.4. Where the bid is submitted by a group of suppliers, which is awarded the

framework agreement, before signing the contract, it shall officially register the

general partnership within 15 (fifteen) days after the expiry of waiting term

according to Article 67(4) of the Public Procurement law.

2. Bid guarantee The present tender does not provide for a bid guarantee.

3. Documents to be included in the bid

3.1. The bid shall contain documents in the following sequence:

3.1.1. title page bearing the title „Bid for the procurement „ Identification and study

of cultural heritage within the compartment zone of Rail Baltica line in Latvian

territory“, Procurement No. EDZL 2017/1 CEF, and title of the Tenderer;

3.1.2. Table of contents with page numbering;

3.1.3. application for participation in the tender according to the template provided in

Annex 1 hereof;

3.1.4. power of attorney, where the bid is signed by a person authorised by the

Tenderer, who is not the official authorised signatory of the Tenderer;

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3.1.5. where the bid is submitted by a partnership of suppliers, an agreement signed

by all parties stating the willingness to take part in the tender shall be

submitted. The agreement shall contain the following;

3.1.5.1. a statement that all members of the partnership of suppliers will be jointly

liable for the fulfilment of the framework agreement and contract, in case

the Tenderer will be granted the right to conclude the contract;

3.1.5.2. determination of the scope of involvement by each member of the

partnership of suppliers, including the share, roles, and tasks to be carried

out;

3.1.5.3. an authorisation of the member of the partnership, who will represent all

members of the partnership;

3.1.5.4. a written document stating that in case the partnership of suppliers will be

granted contract conclusion rights it undertakes to merge by conclusion of

the framework agreement and register a general partnership in a

registration authority within 15 (fifteen) days after the expiry of the waiting

term according to Article 67(4) of the Public Procurement Law.

3.1.6. Tenderer's qualification documents, which shall be submitted under Section 5

of the regulations.

3.1.7. Statement by the Tenderer that it has drafted the bid independently according to

Annex 3 hereof. Where the application for participation in the tender is

submitted by a group of persons, the application shall be filled in by all persons

of that group.

3.1.8. Where the Tenderer relies on the capabilities of other entities, for the Tenderer

to meet the qualification requirements as regards the Tenderer's compatibility

for professional activity, economic and financial condition, or technical and

professional skills, a statement on participation in the tender signed by each

entity, on whose capabilities the Tenderer relies, and in case the framework

agreement will be concluded, a statement on the involvement in the framework

agreement fulfilment and resources, which will be placed at the disposal of the

Tenderer, along with the following information to be provided:

3.1.8.1. for a legal entity – title, registration number and registered address, while

for a physical entity – name, surname, personal ID number and address;

3.1.8.2. information according to the regulations as regards the qualification

requirements, for the fulfilment of which the Tenderer relies on the

capabilities of other person.

3.1.8.3. Where the Tenderer relies on the capabilities of other persons, for the

Tenderer to meet the qualification requirements as to the economic and

financial condition, this person shall be jointly liable together with the

Tenderer for the fulfilment of the framework agreement.

3.1.9. Where the Tenderer plans to employ sub-contractors for the fulfilment of the

framework agreement, a list (drafted according to template provided in Annex 7

herein) of sub-contractors and sub-contractors of sub-contractors, whose share

of service to be assigned to them is at least 20% of the total framework

agreement value. The following information shall be indicated for each of the

sub-contractors:

3.1.9.1. name, joint registration number (or name, surname, personal ID No. of the

person), address, contact person and his/her phone, share (%) and

description of the part of framework agreement to be subcontracted, and

the financial calculation shall be added, which indicates the share (%) of

subcontracted framework agreement works;

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3.1.9.2. statement by each sub-contractor that it is willing to carry out the part of

the subcontracted framework agreement work;

3.1.10. Technical offer (according to Section 6 of the regulations);

3.1.11. Financial offer (according to Section 7 of the regulations).

4. Tenderers' exclusion rules

4.1. The commission shall exclude the Tenderer from further participation in the

procurement procedure and shall not review the Tenderer's bid, if it meets the

tenderer exclusion criteria under Article 391(1) Point 1, 2, 3, 4, 5, 6, 7 and 8 of

the Public Procurement Law:

4.1.1. a Tenderer or a person, who is a member of the board of directors or council or

procurator of a tenderer, or a person having the right to represent the Tenderer in

activities related to a subsidiary, has been found guilty in any of the following

criminal offences by a such punishment prescription of prosecutor or a judgement of

a court that has entered into effect and is non-disputable and not subject to appeal:

4.1.1.1. establishment, management, or involvement in the activities of a

criminal organisation or part of an organised group thereof, or in any

other illegal formation, or participation in the criminal offences of such

organisation,

4.1.1.2. bribetaking, bribery, bribe misappropriation, intermediation in bribery,

taking of prohibited benefit or commercial bribing, requesting, taking

and giving illegal benefit, trading for impact,

4.1.1.3. fraud, misappropriation, or laundering

4.1.1.4. terrorism, financing of terrorism, invitation to terrorism, terrorism threats

or recruiting and training of a person for performance of terror acts,

4.1.1.5. human trafficking,

4.1.1.6. evading payment of taxes and payments equivalent thereto;

4.1.2. a Tenderer, by such a decision of a competent authority or a judgement of a court

which has entered into effect and has become non-disputable and not subject to

appeal, has been found guilty of an infringement, which means:

4.1.2.1. employment of such one or more persons, who do not hold the respective

work permit or if they reside in the territory of the European Union

Member States illegally,

4.1.2.2. employment of one person without entering into a written employment

contract, not submitting an informative declaration regarding employees

in respect of such person within a time period laid down in the laws and

regulations, which is to be submitted regarding persons who commence

work;

4.1.3. a Tenderer, by such a decision of a competent authority or a judgement of a court

which has entered into effect and has become non-disputable and not subject to

appeal, has been found guilty of infringement of competition rights manifested as

horizontal cartel agreement, except for the case when the relevant authority, upon

determining infringement of competition rights, has released the Tenderer from a

fine or reduced fine within the framework of the co-operation leniency programme.

4.1.4. Insolvency proceedings have been declared for the Tenderer, the economic activity

of the Tenderer has been suspended, the Tenderer is wound up.

4.1.5. It has been established that on the last day of bid submission the Tenderer or on the

day a decision is made to grant the contract conclusion rights the Tenderer has tax

debts in Latvia and a country where it is registered or permanently residing,

including debts of mandatory State social insurance contributions in total exceeding

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150 Euro in each country. In respect to Tenderers registered or permanently residing

in Latvia, the Contracting Authority shall take into account the information, which

is published on the last date of update on the public tax debtors' database of State

Revenue Service, which is an information system determined by the Cabinet of

Ministers.

4.1.6. Considering Article 23(1) and Article 23(2) of the Public Procurement Law, the

individual, who has drafted the procurement documentation (an official or employee

of the Contracting Authority), a member or expert of the procurement commission is

related to or interested in the selection of a particular Tenderer, and the Contracting

Authority cannot avert the situation by measures restricting the Tenderer to a

smaller degree;

4.1.7. The Tenderer has competitive advantages in the procurement procedure, because it

itself or an affiliated legal entity has been involved in the preparation of the

procurement procedure according to Article 11(4) of the Public Procurement Law

and it cannot be averted with less limiting measures and the Tenderer cannot prove,

that the participation of it or its affiliated legal entity in the preparation of the

procurement procedure does not limit the competition.

4.1.8. a Tenderer has provided false information to certify the conformity with the

provisions of Article 391 of the Public Procurement Law or qualification

requirements of Tenderers laid down in accordance with this Law, or has not

provided the requested information at all.

4.2. The Contracting Authority shall not exclude a Tenderer from the participation in a

procurement procedure if:

4.2.1. three years have passed from the day when the judgement of a court, the

punishment prescription of a prosecutor or a decision taken by another competent

authority on infringements referred to in Article 391(1) Clause 5 and Clause 2,

Sub-clause “a” (Clause 4.1.1 and Clause 4.5.2.1 herein) became non-disputable

and not subject to appeal till the day when the application or tender was submitted;

4.2.2. 12 months have passed from the day when the judgement of a court or a decision

taken by another competent authority on infringements referred to in Article 391(5)

Clause 2, sub-clause „b“, and Clause 3 (Clause 4.5.2.2 and Clause 4.1.3 herein)

became non-disputable and not subject to appeal till the day when the application

or tender was submitted;

4.3. According to Article 391(1) Clause 9 of the Public Procurement Law, the member of a

general partnership, where the Tenderer is a general partnership, shall be subject to

requirements of Article 391(1) Clause 1, 2, 3, 4, 5, 6 or 7 of the Public Procurement

Law.

4.4. According to Article 391(1) Clause 9 of the Public Procurement Law, the sub-

contractor of the Tenderer, where the value of the subcontracted construction works or

services to be provided is at least 20 per cent of the total contract value, shall be subject

to requirements of Article 391(1) Clause 2, 3, 4, 5, 6 or 7 of the Public Procurement

Law.

4.5. According to Article 391(1) Clause 11 of the Public Procurement Law, the person, on

whose capabilities the Tenderer relies to prove its qualification meets the requirements

set in the announcement of the contract or in the procurement procedure documents, is

subject to requirements of Article 391(1) Clause 1, 2, 3, 4, 5, 6 or 7 of the Public

Procurement Law.

4.6. The verification regarding the existence of exclusion cases for Tenderers according

to Article 391(1) is carried out for each Tenderer, who according to requirements of

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the regulations and the selected bid selection criterion should be awarded the

contract.

4.7. In order to verify, whether the Tenderer or a member of a general partnership, if the

Tenderer is a general partnership, or a sub-contractor indicated by the Tenderer, the

subcontracted contract value of which is at least 20 per cent of the total contract value, or

a person indicated by the Tenderer, on whose capabilities the Tenderer relies to approve

its qualification meets the Regulation requirements, shall not be excluded from the

procurement procedure according to Article 391(1) Clause 1, 2, 3, 4, 5 and 7 of the Public

Procurement Law, as regards persons registered or permanently residing in Latvia, the

Contracting Authority shall make use of the information system determined by the

Cabinet of Ministers.

4.8. Depending on the results from the information system, the Contracting Authority:

4.8.1. does not exclude the Tenderer from the procurement, if it establishes that

according to the information, which is published on the last date of update on the

public tax debtors' database of State Revenue Service, which is an information system

determined by the Cabinet of Ministers, the Tenderer or the person according to

Article 391(1) Clause 9, 10 and 11, has had no tax debts on the last day of bid

submission, including mandatory State social insurance contributions, exceeding in

total 150 Euro.

4.8.2. informs the Tenderer that according to the information, which is published on

the last date of update on the public tax debtors' database of State Revenue Service,

which is an information system determined by the Cabinet of Ministers, the Tenderer

or the person according to Article 391(1) Clause 9, 10 and 11, has had tax debts on the

last day of bid submission or at the day, when the decision on alleged granting of

contract conclusion rights is made, including mandatory State social insurance

contributions, exceeding in total 150 Euro, and the Contracting Authority sets a

deadline of 10 after the day the information was provided or sent that the Tenderer

shall submit a statement that on the last day of bid submission or at the day, when the

decision on alleged granting of contract conclusion rights is made it had no tax debts,

including mandatory State social insurance contributions, exceeding in total 150

Euro. Where the Tenderer fails to submit the statement in due time, the Tenderer is

excluded from the procurement. In order to approve that the Tenderer or the person

according to Article 391(1) Clause 9, 10 and 11, had no tax debts on the last day of

application submission, including mandatory State social insurance contributions,

exceeding in total 150 Euro, the Tenderer shall submit the following document by the

respective person or its representative within the term stipulated by Article 391(5) of

the Public Procurement Law:

4.8.2.1. approved printout from the electronic declaration system of State

Revenue Service or a statement from State Revenue Service that this

person did not have the respective tax debts, including mandatory State

social insurance contributions' debts;

4.8.2.2. before the last day of bid submission or before the day, when a decision

is made on alleged contract conclusion, a copy of a document, where

the State Revenue Service extends the deadline for tax payment or on

tax postponement, or a copy of an agreement with State Revenue

Service on tax payment, or other objective proof of the non-existence

of tax debts.

4.9. Where the Contracting Authority establishes that the sub-contractor, whose

subcontracted service value is at least 20 per cent of the total contract value, or where the

person, on whose capabilities the Tenderer relies to approve that its qualification meets

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the requirements as set out in the tender regulations, meets the exclusion cases as

mentioned by Article 391(1) Clause 1, 2, 3, 4, 5, 6 or 7 of the Public Procurement Law, it

shall request that the Tenderer replaces the respective person. Where the Tenderer within

10 business days after it has been provided or sent a request fails to submit documents

about a new sub-contractor or a person meeting the requirements as set out in the tender

regulations, on whose capabilities the Tenderer relies to approve that its qualification

meets the requirements as set out in the tender regulations, the Contracting Authority

shall exclude it from participation in the procurement procedure.

4.10. In order to check, whether or not the member of the board of directors or council or

procurator of the Tenderer, who is registered in Latvia, or a person having the right to

represent the Tenderer in activities related to a subsidiary and who is registered or

permanently resides abroad, or a Tenderer, who is registered or resides permanently

abroad, or a person according to Article 391(1) Point 9, 10 and 11, who is registered or

resides permanently abroad, does not meet the exclusion provisions according to Article

39.1(1) of the Public Procurement Law, the Contracting Authority, except for cases

stipulated by Article 39.1(11) of the Public Procurement Law, shall request that the

Tenderer submits a certificate by the respective competent authority proving that the

member of the board of directors or council or procurator of the Tenderer, who is

registered in Latvia, or a person having the right to represent the tenderer in activities

related to a subsidiary and who is registered or permanently resides abroad, or a

Tenderer, or a person according to Article 391(1) Point 9, 10 and 11, does not meet the

cases according to Article 39.1(1) of the Public Procurement Law. The deadline for the

submission of the certificate is set to at least 10 business days from the day the request

was provided or sent. If the Tenderer does not submit the referred-to statement within

the laid down deadline, the Contracting Authority shall exclude it from participation in

the procurement procedure.

4.11. If such documents, by which the Tenderer registered or permanently residing in a

foreign country may certify that the conditions indicated in Article 391(1) of the Public

Procurement Law do not apply to him or her, are not issued or they are not sufficient to

certify that the conditions indicated in Article 391(1) of the Public Procurement Law do

not apply to the tenderer, the referred-to documents may be replaced with an oath or, if

laws and regulations of the relevant country do not provide for giving of an oath, with a

certification of the tenderer itself or the person referred to in Article 391(1) of the Public

Procurement Law to the competent executive authority or judicial authority, a sworn

notary or a competent organisation in the relevant sector in the country of registration

(permanent residence) thereof.

4.12. Assessment of proof submitted to ensure credibility according to Article 393 of the

Public Procurement Law:

4.12.1. Where the Tenderer or a member of the general partnership, if the Tenderer is a

general partnership, meets the exclusion case according to Article 391(1) Point

1, 2, 3, 4, 6 or 7 of the Public Procurement Law, the Tenderer indicates this in

the bid and, if it is deemed as the one, which should be granted contract

conclusion rights, it shall together with the bid submit an explanation and proof

of the loss compensation or a concluded agreement on the loss compensation,

cooperation with investigation authorities and undertaken technical,

organisational, or human resource management measures to prove its reliability

and prevent the occurrence of the same or similar cases in future.

4.12.2. Where the Tenderer fails to submit an explanation and proof, the Contracting

Authority shall exclude the respective Tenderer from the procurement

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procedure, since it meets the exclusion case according to Article 391(1) Point 1,

2, 3, 4, 6 or 7 of the Public Procurement Law.

4.12.3. The Contracting Authority shall assess the measures and their proof by the

Tenderer or a member of the general partnership, where the Tenderer is a

general partnership, considering the severity of the crime or offence and the

particular circumstances. The Contracting Authority is entitled to request the

competent authorities of the respective crime or offence to provide a statement

regarding the adequacy of measures undertaken by the Tenderer to restore the

reliability and to prevent such and similar cases in future.

4.12.4. Where the Contracting Authority is of the opinion that the measures undertaken

are sufficient to restore the reliability and to prevent such and similar cases in

future, it makes a decision not to exclude the respective Tenderer from the

procurement procedure. If the measures undertaken are not sufficient, the

Contracting Authority makes a decision to exclude the respective Tenderer

from the procurement procedure.

4.13. The Contracting Authority shall accept and acknowledge statements and other

documents, which are issued by competent authorities according to the cases stipulated

by the Public Procurement Law, if these are issued not earlier than 1 (one) month before

the date of submission.

4.14. Accepting the European Single Procurement Document:

4.14.1. The Contracting Authority shall accept the European Single Procurement

Document as an initial proof for the eligibility of qualification requirements

imposed on the Tenderer by the Tender. Where the Tenderer opts for submitting

the European Single Procurement Document in order to approve that it meets

the qualification requirements imposed on the Tenderer by the Tender

regulations, the Tenderer shall submit such a document also for each person, on

whose capabilities the Tenderer relies to prove its qualification meets the

requirements of the Tender documentation, and for the sub-contractor, whose

value of subcontracted services is at least 20 per cent of the procurement

contract value. Where the Tenderer is a partnership of suppliers, the Tenderer

shall submit an individual European Single Procurement Document for each of

its members.

4.14.2. The Tenderer is entitled to submit to the Contracting Authority the European

Single Procurement Document, which was submitted within another

procurement procedure, if it approves that the information contained therein is

correct.

4.14.3. The templates of the European Single Procurement Documents are set by the

Commission Implementing Regulation (EU) 2016/7 of 5 January 2016

establishing the standard form for the European Single Procurement Document,

and can be found at: http://www.iub.gov.lv/lv/node/587.

5. Tenderers' qualification requirements

5.1. The Tenderers shall meet the following qualification requirements as to its compatibility

to undertake the professional activity, economic and financial condition, or technical and

professional skills, and shall submit the following documents:

No. Qualification requirements to Tenderers Documents to be submitted 1. Requirements as the the compatibility of

the tenderer to undertake professional

activity

1.1. For its economic activities, the Tenderer is Tenderers registered in the Republic of

http://www.iub.gov.lv/lv/node/587

12

registered according to statutory provisions. The requirements apply to the general

partnership and each member of the general

partnership (where the bid is submitted by a

general partnership) or each member of the

partnership of suppliers (where the bid is

submitted by a partnership of suppliers),

and to sub-contractors and persons, on

whose capabilities the Tenderer relies to

meet the qualification requirements as to

the compatibility of Tenderer to undertake

professional activity, economic and

financial conditions, or technical and

professional skills (if the Tenderer

envisages to employ sub-contractors or

persons, on whose capabilities it relies).

Latvia – the Contracting Authority shall

acquire information from a system set

by the Cabinet of Ministers, whether or

not the Tenderer is registered according

to statutory provisions. A foreign Tenderer shall submit a

document (original or copy) issued by a

respective competent authority abroad,

which proves that the Tenderer is

registered according to statutory

provisions (the Tenderer holds legal

capacity to act).

1.2. The official of the Tenderer, who has

signed the bid documents, holds signatory

(representation) rights. The requirements apply also to the general

partnership and each member of the general

partnership (where the bid is submitted by a

general partnership) or each member of the

partnership of suppliers (where the bid is

submitted by a partnership of suppliers),

and to sub-contractors and persons, on

whose capabilities the Tenderer relies to

meet the qualification requirements as to

the compatibility of Tenderer to undertake

professional activity, economic and

financial conditions, or technical and

professional skills (if the Tenderer

envisages to employ sub-contractors or

persons, on whose capabilities it relies).

Persons from Latvia – the Contracting

Authority will check public data bases,

whether the official of a Tenderer, who

has signed the bid documents, holds

signatory (representation) rights.

For foreign persons an original

document or a copy thereof issued by a

respective competent governmental

authority proving the official of the

Tenderer, who has signed the

application documents or who has issued

a proxy to sign application documents,

holds signatory (representation) rights,

has to be submitted.

Where the bid is signed by a person,

who does not hold signatory

(representation) rights, the Tenderer

shall issue a proxy by a person holding

signatory rights authorising another

person to sign the bid, if it will be signed

by this authorised person. 2. Requirements as to the economic and

financial condition of the Tenderer

2.1. The average annual net financial turnover

of the Tenderer for the last 3 (three) years

(2014, 2015, and 2016) equals to at least

EUR 50,000.00 (fifty thousand Euro and 00

cents). Where the Tenderer is a group of suppliers,

the total turnover sum of all members of the

group represents the relevant turnover

value. Where a Tenderer (including a member of a

partnership) has been established later, the

financial turnover shall be met for the

shorter period respectively.

Filled-in and signed template of Annex

4 of regulations with an attached copy of

the profit or loss balance for each year,

or a similar document about the

financial turnover of the tenderer. Profit or loss balance for 2016 may be

submitted according to operational

financial data.

3. Requirements as to technical and

13

professional capacity of the Tenderer

3.1. During the last 3 (three) years (i.e., 2014,

2015, 2016 and 2017 until the bid

submission day) the tenderer has carried out

at least 5 (five) cultural heritage inventories

and/or studies of cultural monuments of

national or local value*, which have been

carried out in the territory of Latvia or

regions of similar features of cultural

heritage monuments, circumstances and

findings.

Filled-in and signed table of the

experience of tenderer, which is drafted

according to Annex 5 of regulations.

3.2. During the last 3 (three) years (i.e., 2014,

2015, 2016 and 2017 until the bid

submission day) the tenderer has carried out

at least 5 (five) archaeological study works,

which have been carried out in the territory

of Latvia or regions of similar features of

cultural heritage monuments, circumstances

and findings.

Filled-in and signed table of the

experience of tenderer, which is drafted

according to Annex 5 of regulations.

3.3. For the performance of the Contract the

following staff is at the disposal of the

Tenderer: 3.2.1. at least 2 (two) persons holding the

right to receive a work permit issued by

VKPAI to study cultural monument and

where each of these persons during the last 3

(three) years (i.e., 2014, 2015, 2016 and

2017 until the bid submission day) have

carried out at least 1 (one) cultural heritage

inventory and/or study of cultural

monuments of national or local value*,

which has been carried out in the territory of

Latvia or regions of similar features of

cultural heritage monuments, circumstances

and findings;

3.2.2. at least 2 (two) persons holding the

right to receive a permit issued by VKPAI

to management of archaeological works and

where each of these persons during the last

3 (three) years (i.e., 2014, 2015, 2016 and

2017 until the bid submission day) have

carried out at least 1 (one) archaeological

study work, which has been carried out in

the territory of Latvia or regions of similar

features of cultural heritage monuments,

circumstances and findings;

3.2.3. at least 2 (two) persons of an

architect practice right holding the right to

receive a work permit issued by VKPAI to

study cultural monument and where each of

these persons during the last 3 (three) years

(i.e., 2014, 2015, 2016 and 2017 until the

bid submission day) have carried out at

least 1 (one) cultural heritage inventory

CV of the staff proposed by the

Tenderer according to the template in

Annex 6 of the Regulations with

attached statements by the VKPAI that

the persons of the republic of Latvia are

entitled to receipt of the respective

permits. For an architect in the Republic of

Latvia – valid certificate of practising

architect. For the respective foreign person, a

statement issued by the respective

foreign authority shall be submitted,

which approves that the respective

person in its country of residence holds

the right to receive permits to carry out

the works listed below, or a document,

which approves that the respective

person is entitled to: a) to carry out cultural monument study

works b) to carry out archaeological study

works c) to provide services as an architect. For the respective foreign person, the

Tenderer shall submit a statement that in

case the procurement contract will be

concluded with the Tenderer, the

respective foreign person: 1) will receive a work permit issued by

the VKPAI to study the cultural

monument during the term of the

procurement contract; 2) will receive a work permit issued by

the VKPAI to manage the

14

and/or study of cultural monuments of

national or local value*, which has been

carried out in the territory of Latvia or

regions of similar features of cultural

heritage monuments, circumstances and

findings.

To meet the requirements of Clause 3.2.1,

the tenderer may also offer experts meeting

the requirements of Clause 3.2.3 hereof.

archaeological study works during the

term of the procurement contract; 3) the architect, no less than within five

days after the conclusion of the

framework agreement, according to

statutory procedures will submit a

declaration to the recognising body

about short-term provision of

professional services in a regulated

(architect's) profession in the Republic

of Latvia.

*

The listed objects shall be included on the

list of state protected cultural monuments

according to the Cabinet of Ministers

regulations „Regulations regarding the

Registration, Protection, Utilisation and

Restoration of Cultural Monuments, the

Right of First Refusal of the State and the

Granting of the Status of an Environment-

Degrading Object“ of 26/08/2003 or be of

a similar status, if the works are carried out

abroad.

6. Technical Offer

6.1. The technical offer is drafted by the Tenderer according to the Annex 2 „Technical

specification“ of the Regulations.

6.2. The Technical offer shall be attached a preliminary understanding by the tenderer about

the performance of envisaged works according to the template provided in Annex 9 of

the Regulations.

6.2. The technical offer is signed by a authorised signatory of the Tenderer or a person

authorised by him.

6.3. The Tenderer shall submit only one alternative of the technical offer.

7. Financial Offer

7.1. The financial offer shall be drafted according to the financial offer template (Annex 8 of

the Regulations).

7.2. All prices on the financial offer shall be indicated in euro (EUR), excluding value added

tax (hereinafter – VAT).

7.3. The Tenderer shall submit only one alternative of the financial offer.

7.4. Besides the financial offer, the Tenderer shall submit also printouts from the electronic

declaration system of State Revenue Service regarding the average hourly rates of the

Tenderer and its listed sub-contractors (if applicable) by the profession groups for the

first three quarters of the year over a period of the last four quarters of the year until bid

submission date. In case the overview from the electronic declaration system of State

Revenue Service regarding the respective period of time demonstrates any discrepancies,

to submit an explanation of the difference between the employees' average hourly rates

by profession groups and the data collated by State Revenue Service on the employees'

average hourly rates by profession groups.

8. Bid selection criteria, assessment criteria, and assessment procedure

15

8.1. Bids submitted according to procedures stipulated by the regulations and in time, shall be

assessed in a 4 (four) stage procedure:

8.1.1. Stage 1 – Verification of the bid design

8.1.1.1. Commission checks the compatibility of the bid design with the

requirements under 1.12 of the Regulations.

8.1.1.2. Where the commission establishes non-compatibility with any of the bid

design requirements, the commission shall decide on passing the bid to next bid

assessment steps;

8.1.2. Stage 2 – Verification of the Tenderer's qualification

8.1.2.1. The commission checks, whether the Tenderer complies with

qualification requirements under Section 5 herein.

8.1.2.2. Where the Tenderer fails to submit any document of those listed in the

regulations or required by the commission according to Section 5 herein, or where

their content does not comply with the requirements of the regulations, the

commission shall decide on passing the bid to next bid assessment steps,

considering Article 45(1) of the Public Procurement Law.

8.1.3. Stage 3 – Verification of compatibility of technical and financial offer

8.1.3.1. The commission checks the compatibility of the Tenderer's Technical

offer with the requirements of the regulations, and whether there are no

mathematical errors in the financial offer.

8.1.3.2. Where the commission establishes mathematical errors, it shall re-

calculate the sums and apply the corrected sums in the next steps of bid

assessment. Any corrections made due to mathematical errors shall be notified by

the commission to the Tenderer.

8.1.3.3. Where the commission establishes non-compatibility of the technical

offer by the Tenderer with the requirements of regulations, the commission shall

decide on passing the bid to next bid assessment steps.

8.1.3.4. The commission shall check, whether the offered price is not below a

justifiable minimum threshold.

8.1.3.5. Where the commission establishes that the offer is below a justifiable

minimum threshold, before rejecting it, it shall request in writing a detailed

explanation on the key offer provisions.

8.1.3.6. The commission is obliged to check, whether the offered price is not

below a justifiable minimum threshold, if it establishes that the average hourly rate

of employees of the Tenderer or its listed sub-contractors for at least one

profession groups during the first three quarters of the year during the last four

quarters of the year until bid submission day is by 80 per cent less (or is below the

statutory minimal hourly rate) of the employee's average hourly rate for the

respective profession group in the country for the respective period according to

data collated by State Revenue Service published on the website of State Revenue

Service. Where the Tenderer is registered as a taxpayer during the last four

quarters of the year until bid submission day, the commission considers the

employees' average hourly rate for the period from the next month following the

month of registration until the bid submission day.

16

8.1.3.7. To establish the difference between the employees' average hourly rate

for profession groups indicated by the Tenderer and its listed sub-contractor and

data collated by State Revenue Service on the employees' average hourly rate for

profession groups, the commission will request a statement from the State Revenue

Service to attest the validity of employees' average hourly rate for profession

groups indicated by the Tenderer and its listed sub-contractor considering the

economic activity undertaken by the Tenderer and its listed sub-contractors.

8.1.4. Stage 4 – selection of bids according to the bid selection criterion and

decision-making about the granting of rights to conclude the contract

8.1.4.1. The bid selection criterion is a bid of the lowest price.

8.1.4.2. A Tenderer, who shall be granted the rights to conclude the contract, is

assigned by the commission, based on the fact it complies with all

requirements of the regulations and has offered the lowest price.

9. Framework agreement

9.1. Conclusion of the Framework Agreement.

9.1.1. The Contracting Authority will conclude a framework agreement with no more

than 7 (seven) preferred Tenderers, based on the bid by the selected tenderer

and according to the draft framework agreement (Annex 10 of the regulation).

9.1.2. Where the Tenderer refuses to conclude the framework agreement with the

Contracting Authority without a substantive reason within 10 (ten) business

days after the expiry of the waiting term under Article 67(4) of the Public

Procurement Law, or where the successful Tenderer withdraws its bid or does

not sign and submit to the Contracting Authority the framework agreement, or

the partnership of suppliers does not register their entity as a general

partnership within 15 (fifteen) business days after the expiry of the waiting term

under Article 67(4) of the Public Procurement Law, the commission shall opt

for the Tenderer with the next lowest price offered in the bid. If such does not

exist or if the next preferred Tenderer rejects to conclude the framework

agreement, the commission is entitled to reduce the number of Tenderers, with

whom to conclude the framework agreement, or to terminate the procurement

and to reject from concluding the framework agreement. Before deciding on the

contract conclusion with the next valid Tenderer, who offered the lowest price,

the Contracting Authority shall check, whether it shall not be deemed a single

market player together with the initially preferred Tenderer, who refused to

conclude the framework agreement with the Contracting Authority. If needed,

the Contracting Authority will request a statement and proof from the next

preferred Tenderer that it shall not be deemed a single market player together

with the initially preferred Tenderer.

9.1.3. Where the next Tenderer offering the cheapest price is deemed a single market

player together with the initially preferred Tenderer, the commission is entitled

to reduce the number of Tenderers, with whom to conclude the framework

agreement, or to decide to terminate the procurement and to reject from

concluding the framework agreement.

9.2. Replacement of sub-contractors and engagement of new sub-contractors in the fulfilment

of the framework agreement.

17

9.2.1. After the conclusion of the framework agreement or contract conclusion,

subject to Article 68 of the Public Procurement Law, the Tenderer is entitled to

replace the sub-contractor, on whose capabilities the tenderer relied to prove it

meets the qualification requirements, and staff, which has been engaged in the

fulfilment of the framework agreement, of whom it provided information to the

Contracting Authority and whose qualification was assessed for compatibility

by the latter:

9.2.1.1. The Tenderer selected in the procurement procedure is allowed to

replace the staff and sub-contractors without an approval from the

Contracting Authority, as well as involvement of additional staff and sub-

contractors in the fulfilment of the framework agreement and contract

fulfilment, except for cases stipulated by Article 9.2.1.2 and 9.2.1.4 herein.

9.2.1.2. After entering into the contract, the staff of the tenderer selected in the

procurement procedure, which has been involved thereby in

implementation of the framework agreement or the contract, regarding

which it has provided information to the Contracting Authority and the

conformity of the qualification of which with the requirements brought

forward has been assessed by the Contracting Authority, as well as the sub-

contractors on whose capabilities it has relied to certify that the

qualification thereof conforms to the requirements of the regulations, shall

be replaced only with a written consent of the Contracting Authority

subject to Article 9.2.1.3 herein.

9.2.1.3. The Contracting Authority shall not approve of the replacement of an

expert or sub-contractor under Article 9.2.1.2 herein, provided any of the

conditions exists:

9.2.1.3.1. the staff or sub-contractor proposed by the supplier does not meet

the requirements specified in the procurement procedure documents,

which refer to the staff or sub-contractors of the supplier;

9.2.1.3.2. the sub-contractor, on whose abilities the Bidder selected in the

procurement procedure has relied on to certify that the qualification

thereof conforms to the requirements specified in the procurement

procedure documents, is being replaced, and the proposed sub-

contractor does not have at least the same qualification as the one,

on which the Bidder selected in the procurement procedure has

relied, to certify that the qualification thereof conforms to the

requirements specified in the procurement procedure;

9.2.1.3.3. the proposed sub-contractor meets the Tenderers' exclusion

provisions specified by Article 39¹(1) of the Public Procurement

Law. By checking the eligibility of a sub-contractor, the Contracting

Authority shall apply the provisions of Article 39¹(1) of the Public

Procurement Law. Terms specified by Article 39¹(4) of the Public

Procurement Law are deemed started from the day, when the request

on the replacement of staff or sub-contractor is submitted to the

Contracting Authority.

9.2.1.4. The tenderer selected in the procurement procedure may replace the

sub-contractors as specified in Article 20(2) of the Public Procurement Law,

which are not subject to provisions of Clause 9.2.1.2 herein, and

18

involvement of sub-contractors meeting the said criteria at a later stage of

framework agreement and contract fulfilment, if the Tenderer selected in the

procurement procedure has notified the Contracting Authority and has

received a written consent from the latter to allow the replacement of a sub-

contractor or to allow the involvement of a sub-contractor. The Contracting

Authority approves the replacement of a sub-contractor or the involvement

of a new sub-contractor in framework agreement and contract fulfilment, if

the proposed sub-contractor does not comply with the Tenderers' exclusion

provisions as specified in Article 39¹(1) of the Public Procurement Law,

which is verified by the Contracting Authority considering the provisions of

Clause 9.2.1.3.3 herein.

9.2.2. The Contracting Authority makes a decision regarding the approval or rejection

of replacement of the Tenderer's selected in the procurement procedure staff or

sub-contractor or the involvement of new sub-contractor in framework

agreement and contract fulfilment as soon as possible, but not later than within

5 (five) business days after it has received all information and documents

necessary to make the decision and according to provisions of Clause 9.2

herein.

10. Rights and duties of the commission

10.1. Rights of the commission:

10.1.1. to invite independent experts for an expertise;

10.1.2. to check the relevant information at a competent authority, public data base or

other public sources, if it is necessary for the verification of the bid compatibility,

Tenderers' selection, assessment and comparison on bids;

10.1.3. to invite the Tenderer to provide clarified information about its bid, if it is

necessary for the verification of the bid design, Tenderers' selection, verification of

the bid compatibility, assessment and comparison on bids;

10.1.4. to amend the regulations according to statutory provisions;

10.1.5. to invite the group of persons, which has been decided upon as the preferred

Tenderer, to merge, considering the required legal status;

10.1.6. according to statutory provisions, to decide on the procurement suspension,

provided there is an objective justification, or termination thereof;

10.1.7. during the course of bid assessment, the commission is entitled to invite the

Tenderer to explain information contained within its bid;

10.1.8. to undertake any other measures arising out of the laws and regulations in relation

to the regulations and the procurement process.

10.2. Duties of the commission:

10.2.1. to organise the tender and register all and any activities in relation to it in paper;

10.2.2. to ensure free competition of Tenderers, and an equal and fair treatment of these;

10.2.3. following a request by the Tenderers according to lawful order to provide

information about the regulations;

10.2.4. to assess the Tenderers and their bids according to laws and regulations;

10.2.5. to inform all Tenderers at a time about the decision taken regarding the granting of

contract conclusion rights subject to the procedure and terms stipulated by Public

Procurement Law.

19

11. Rights and duties of the Tenderer

11.1. Rights of the Tenderer

11.1.1. before expiry of the bid submission deadline, to amend or withdraw its

submitted bid.

11.1.2. to participate in the bid opening meeting.

11.1.3. to submit an application about violation of the procurement procedure

according to Article 83 of the Public Procurement Law.

11.1.4. other rights of a tenderer stipulated by Public Procurement Law, the present

regulations and valid Latvian law.

11.2. Duties of the Tenderer

11.2.1. to submit the bids according to requirements of the regulations.

11.2.2. to provide true information.

11.2.3. to provide answers to requests by the procurement commission regarding extra

information relevant for the Tenderers' selection, verification of the bid

compatibility and selectin of bids.

11.2.4. cover all and any costs in relation to preparation and submission of the bid

irrespective of the open tender outcome.

11.2.5. other obligation of a tenderer stipulated by Public Procurement Law, the

present regulations and valid Latvian law.

12. Attachments:

12.1. Annex 1 – Application for participation in the tender;

12.2. Annex 2 – Technical specification;

12.3. Annex 3 – Statement the bid was elaborated independently;

12.4. Annex 4 – Information about the financial turnover of Tenderer;

12.5. Annex 5 – Tenderer's list of experience;

12.6. Annex 6 – CV template for the staff proposed by the Tenderer;

12.7. Annex 7 – List of sub-contractors;

12.8. Annex 8 – Financial offer template;

12.9. Annex 9 – Preliminary understanding of the tenderer about the performance of

envisaged works (template);

12.10. Annex 10 – Draft framework agreement.

20


Annex 1

Application for participation in open tender “Identification and study of cultural heritage within the compartment zone of Rail Baltica line

in Latvian territory “

Tenderer

Firm

Registration No.

Registered address

Mailing address (if different from above)

Phone, Fax

Bank details

Authorised person to represent the tenderer

with the submission of this bid, the Tenderer:

- approves its participation in the open tender „Identification and study of cultural

heritage within the compartment zone of Rail Baltica line in Latvian territory “

(procurement identification No. EDZL 2017/1 CEF);

- undertakes to observe the requirements of the open tender regulations and accepts the

provisions of the regulations;

- approves it accepts the draft contractual provisions of the framework agreement and

Service agreement attached to the regulations, and in case of Framework agreement

award it is ready to conclude the framework Agreement with the Contracting Authority

according to the Draft Framework agreement wording;

- approves the relevant resources needed to carry out the services under the Technical

specification and according to requirements of the regulations are at its disposal;

- guarantees all and any information contained within the bid is true.

_____ ___________ 2017

_____________________________________________________________________ (signature, name, surname of the person, who is entitled to represent the tenderer, or a person authorised by

him (attach original or an approved copy of the letter of authorisation)

21


Annex 2

Technical specification

Open tender „Identification and study of cultural heritage within the compartment zone of Rail


Explanations of terms used in this document:

Identification of cultural values – visual site-visits to territory to be inspected and use

of relevant methods to identify and preliminary study possible cultural values,

including archaeological, architectural and urban construction, art, industrial values,

and sites of historical events to a degree, which allows preparing the information about

the value of discoveries and recommendations regarding further steps their protection,

transformation or in-depth study.

Cultural heritage inventory and/or study thereof – in-depth study of architectural and

industrial monuments in order to determine the cultural heritage value and technical

condition of the objects, and the value and relevance of individual parts within these in

order to draft detailed recommendations for the Contracting Authority for the

protection and transformation thereof.

Archaeological study – archaeological trial excavations and archaeological excavations

aimed at the identification of preserved archaeological evidence, and if such are

discovered to study these completely.

1. The approved route of Rail Baltica railway line crosses Latvia for 263 km, and the

partition zone of the route is set 60 m wide. At several sites the related infrastructure shall

be built along the route within a wider zone. To determine the route location and its impact

on environment, prior to route alignment approval, an Environmental Impact Assessment

was carried out, after the completion of which the route alignment in Latvia was approved

in August 2016 with the Cabinet of Ministers decision (Cabinet of Ministers decision No.

467 „About the acceptance of intended activity for the construction of European gauge

public use railway infrastructure line“). The envisaged railway infrastructure was granted

the status of an object of national interest (Cabinet of Ministers Decree No. 468 „About the

granting of the status of an object of national interest to the European gauge public use

railway infrastructure Rail Baltica“). According to the programme issued by the State

Environmental Bureau, the Environmental Impact Assessment assessed the cultural

heritage relevance by collating information available from archives, databases and

literature sources, and by carrying out on-site visits. Before commencing the construction

of the railway infrastructure, the identification of cultural values within the envisaged work

area shall be ensured according to the Law On Protection of Cultural Monuments of

12/02/1992 and according to Cabinet of Ministers regulations No. 474 „Regulations

regarding the Registration, Protection, Utilisation and Restoration of Cultural Monuments,

the Right of First Refusal of the State and the Granting of the Status of an Environment-

Degrading Object“.

The documents of works carried out so far are available online:

The programme for the Environmental Impact Assessment of the construction of

European gauge public use railway infrastructure line “Rail Baltica”:

http://bit.ly/2ltWf8Z

Environmental Impact Assessment: http://bit.ly/2kSXc78

http://bit.ly/2ltWf8Z

http://bit.ly/2kSXc78

22

Statement by the State Environmental Bureau:

http://www.vpvb.gov.lv/lv/?id=1178

Rail Baltica route alignment map: http://bit.ly/2lgw0Aj

2. The subject of the framework agreement is the right to provide the services of the

identification, inventory and/or study of cultural values, and/or study of archaeological

heritage within the partition zone of Rail Baltica and related infrastructure construction

areas within the Republic of Latvia preliminary in the following:

2.1. route sections:

2.1.1. Border of Estonia – Salaca;

2.1.2. Salaca – Kurliņupe;

2.1.3. Kurliņupe – Pēterupe;

2.1.4. Pēterupe – Silakrogs;

2.1.5. Silakrogs – Āgenskalns;

2.1.6. Āgenskalns – Daugava;

2.1.7. Daugava – Iecava station;

2.1.8. Iecava station – border of Lithuania;

2.2. archaeological objects:

2.2.1. direct proximity and protection belt of castle mound Sakaiņu within the partition zone

of the route;

2.2.2. protection belt of Murjāņi old graveyard within the partition zone of the route;

2.2.3. protection belt of Tiniņkalns old graveyard within the partition zone of the route;

2.2.4. protection belt of castle mound Daugmale within the partition zone of the route;

2.2.5. and other;

2.3. architectonic and industrial objects:

2.3.1. railway bridge over the river Mazā Jugla;

2.3.2. Torņakalns station building;

2.3.3. Railway overpass over Gogoļa Street;

2.3.4. Overpass over Altonava Street;

2.3.5. Overpass over Torņakalna Street;

2.3.6. and other.

3. Following the framework agreement, the Contracting Authority undertakes to supply the

Contractor with:

3.1. results of studies carried out previously within the project;

3.2. updated information about the technical solutions of the Project;

3.3. Mapping data in shapefile format;

3.4. Airborne terrestrial laser scanning data (LIDAR);

3.5. Information about property ownership, existing and envisaged consents for the

performance of works;

3.6. particular technical specifications for the performance of works.

4. According to the statutory provisions the Contracting Authority is subject to and

according to the technical solutions of the Project, the Contractor undertakes to:

4.1. To carry out identification of existing cultural values within the partition zone of the

route, and within the terms set by the Contracting Authority to ensure also:

4.1.1. to carry out LIDAR data analysis and use these on-site, and to carry out surveying

according to LKS 92 coordinate system,

http://www.vpvb.gov.lv/lv/?id=1178

http://bit.ly/2lgw0Aj

23

4.1.2. to draft and communicate the schedule of works and timeframe with the Contracting

Authority,

4.1.3. to provide information to the State Inspection for Heritage Protection (hereinafter–

VKPAI) about the scheduled works and methods to be applied, and, if necessary, to

receive a VKPAI permit for works,

4.1.4. to communicate and receive consent from property owners to carry out planned works,

4.1.5. to get permits from respective authorities,

4.1.6. to collate information about the historical, scientific, and artistic value of a monument,

to undertake visual site-visits, test drilling, sounding, doing test digging, use of metal

detectors or other appropriate methods according to Contracting Authority's

instructions for the particular work assignment.

4.1.7. to take photos and record in writing the identification process and the discoveries, to

prepare mapping materials, GPS files of inspected routes, including with reference to

coordinates of the discoveries,

4.1.8. to provide information to Contracting Authority and respective authorities according to

statutory provisions in cases, when the remains of WWI and WWII soldiers or

explosive items are found,

4.1.9. in case of need – to identify cultural values underwater of due quality according to

Contracting Authority's instructions for the particular work assignment by preparing

GPS route files with the coordinates of fixed structures and findings, if such exist. To

carry out the works for the particular contract, experts of relevant qualification and

technical resources shall be engaged.

4.1.10. to submit monthly progress reports to the contracting authority, including at least the

following information:

4.1.10.1. report on the compatibility of performed works with the schedule of works

and timeframe,

4.1.10.2. data about cultural heritage value findings and recommendations as to the

further actions to be taken regarding these,

4.1.11. to draft and submit brief report about the key results of the works to VKPAI, the

respective municipality, monument owner or manager and other authorities in charge,

by including a description of the inspection results with a reference to the assessment

of the significance of the detected cultural heritage values, enclosing the mapping and

visual materials within no later than 30 (thirty) days after completion of field works,

4.1.12. to draft a full review of works to the Contracting Authority, including full description

of findings, mapping material of the location, assessment of the cultural heritage

value, and a general illustrative material, which describes the findings, within no later

than 90 (ninety) days after the completion of field works,

4.1.13. to draft a full review of works to VKPAI according to Article 31 of the Cabinet of

Ministers regulations No. 474 „Regulations regarding the Registration, Protection,

Utilisation and Restoration of Cultural Monuments, the Right of First Refusal of the

State and the Granting of the Status of an Environment-Degrading Object“ and the

approved schedule of works.

4.2. to carry out inventory and/or study of cultural heritage for the railway bridge over

the River Mazā Jugla, railway overpass over Gogoļa Street, Torņakalns station

building, overpass over Altonavas Street, overpass over Torņakalna Street and other

objects, and within the terms stipulated by the Contracting Authority to ensure also:

4.2.1. the drafting and communication of the schedule of works and timeframe with the

Contracting Authority and VKPAI,

24

4.2.2. to communicate and receive consent from property owners to carry out planned

works,

4.2.3. to get permits from respective authorities,

4.2.4. to exactly record the condition of objects and to prepare measurement printouts

according to the requirements of a particular work assignment,

4.2.5. in case of need, to survey the object by means of 3D laser scanning method with a

precision no less than 5 cm and to prepare an 3D model. To carry out the works for

the particular contract, experts of relevant qualification and technical resources shall

be engaged.



4.2.6.1. report on the compatibility of performed works with the schedule of works

and timeframe,

4.2.6.2. data about the condition of cultural heritage values and recommendations as

to the further actions to be taken regarding these,

4.2.7. to draft a brief report about the key results of the works to the Contracting Authority,

VKPAI, the municipality, monument owner or manager and other authorities in

charge, by including a description of the inspection results, enclosing the

measurement printouts and photos within no later than 30 (thirty) days after

completion of field works,

4.2.8. to draft a full overview of works to the Contracting Authority, by enclosing the

surveying data, measurement printouts, photos, conclusions and recommendations to

Contracting Authority for the design works according to the instructions of a

particular work assignment within no less than 90 (ninety) days after the completion

of field works,




State and the Granting of the Status of an Environment-Degrading Object“ of

26/08/2003 and the approved schedule of works,

4.3. archaeological excavations within the route section within the protection belt of castle

mound Sakaiņu, Murjāņi old graveyard and Tiniņkalna old graveyard and within other

potential objects according to Contracting Authority's instructions for the particular

work assignment aiming to identify the remained archaeological evidence, if such are

discovered, by carrying out full study thereof, and within the terms set by the

Contracting Authority to ensure also:

4.3.1. to draft and communicate the schedule of archaeological works with VKPAI, and to

get a permit for the management of archaeological study works,

2.1.1. to communicate and receive consent from property owners to carry out planned

works,

2.1.2. to get permits from other relevant authorities to carry out the works, if applicable,

2.1.3. to take photos and record in writing the study process and the discoveries, to prepare

mapping materials, GPS files of inspected routes, including with reference to

coordinates of the findings,



2.1.4.1. report on the compatibility of performed works with the schedule of works and

timeframe,

25

2.1.4.2. data about cultural heritage value findings and recommendations as to the further

actions to be taken regarding these,

2.1.5. to draft a brief report to VKPAI, the municipality, monument owner or manager and

other authorities in charge, by including a description of the excavation results with

a reference to the assessment of the significance of the detected cultural heritage

values, enclosing the mapping and visual materials within no later than 30 (thirty)

days after completion of field works,

2.1.6. to draft a full overview of study works and documentation to Contracting Authority

as a roadmap for further actions with the findings from the study within no less than

90 (ninety) days after the completion of field works,




State and the Granting of the Status of an Environment-Degrading Object” of

26/08/2003 and the approved schedule of works.

__________________________________________________________________ (signature, name, surname of the person, who is entitled to represent the tenderer, or a person authorised by him

(attach original or an approved copy of the letter of authorisation)

26


Annex 3

Statement the bid was elaborated independently

Herewith, providing detailed and true information,

________________________________ Tenderer's/ bidders' title, Reg. No.

(hereinafter – Tenderer), in respect to the particular procurement procedure, approves that

1. the Tenderer has studied and accepts the content of the present statement.

2. The Tenderer is aware that it may be excluded from participation in the procurement

procedure, if it will be found out that the present statement is not detailed and true in any way.

3. The Tenderer has authorised each person, who has signed the procurement bid, to

sign this statement on behalf of the Tenderer.

4. The Tenderer informs that (as necessary, tick one or more of the following):

☐ 4.1. has submitted a bid independently from competitors1 and without having

consulted, entered contracts or agreements, or having made any other

communication with the competitors;

☐ 4.2. it has consulted, entered contracts or agreements, or has communicated in

other ways with the one or more competitors regarding this procurement, and

therefore the Tenderer attaches to this statement detailed and true information

about it, along with the titles of such competitors and the aim, subject matter

and content of such communication.

5. Except for cases, when the tenderer has notified about such communication

according to Clause 4.2 herein, the Tenderer has not communicated with any competitor about

the following:

5.1. prices;

5.2. price calculation methods, factors (circumstances) or formulas;

5.3. the intent or decision to participate or not to participate in this procurement

(to submit or not to submit a bid); or

5.4. submission of such bids, which do not comply with the procurement

requirements;

5.5. quality, scope, specification, performance, delivery or other conditions,

which shall be addresses irrespective of competitors, those products or services,

which are subject to the present procurement.

6. The Tenderer has not on purpose, either directly or indirectly, disclosed and will not

disclose the bid terms to any competitor before the official bid opening date and time or before

1 For the purposes of this statement, the term „competitor“ refers to any physical or legal entity, which is not the

Tenderer itself and which:

1) submits a bid under this procurement;

2) considering its qualification, capabilities and experience, and the offered goods or services, might submit a

bid under this procurement.

27

the contract conclusion rights are awarded, or it has been specially disclosed according to

Clause 4.2 herein.

7. The Tenderer is aware that according to the Competition Law there it can be fined

for prohibited agreements with up to 10% of the net turnover of the last financial year of the

guilty party, and according to the Public Procurement Law2 it may be excluded form

participation in procurement procedure for a period of 12 months. The exceptional case is

when the competent competition authority, having established an infringement of competition

law, has released the tenderer, who has cooperated with it within the Leniency Programme3

from the fine or has reduced the fine.

Date ______________

Address of the company _________________________________________

phone (fax) numbers ______________________________________

e-mail address ___________________________

Position, name and surname of the company manager or authorised person

_________________________________________

Signature _____________________________

(Remark: The Tenderer fills in the gaps on this template as necessary, and fills in the annex or uses it as a

template for the statement.)

Annex

Information about the communication by the Tenderer with other competitors related to

this procurement

No. Company-competitor, with whom

there has been communication

Type of communication, aim,

subject matter and content

[Title of the merchant, Reg. No.]

Date ______________

Address of the company _________________________________________

phone (fax) numbers ______________________________________

e-mail address ___________________________

Position, name and surname of the company manager or authorised person

_________________________________________

Signature _____________________________

2 Article 39.1 (1) Point 3 and (4) Point 2. 3 A Programme, within which a company, which is or was involved in a cartel, according to procedures stipulated

by Cabinet of Ministers regulations No. 796 „Procedures for the Determination of Fines for the Violations

Provided for in Section 11, Paragraph one and Section 13 of the Competition Law” of 29/09/2008, is completely

released from a fine, because it first voluntarily submits evidence on this infringement to the Competition

Council, or is reduced the fine, because it cooperates with the Competition Council to detect the infringement, if

compete release from the fine is not available.

28


Annex 4

Statement about financial turnover

Period of time (year) Net turnover, EUR

2014

2015

2016

Average turnover (total sum divided

by the number of respective years)

Attached: copies of the profit or loss balance for each listed financial year according to requirements of

Clause 2.1 under Section 5 „Qualification requirements to Tenderers” of the regulations.

I herewith approve that the actual financial turnover of _______________ (title of tenderer)

complies with the figures indicated in this statement and the provided information is true.

___________________________________________________________ (signature, name, surname of the person, who is entitled to represent the tenderer, or a person

authorised by him (attach original or an approved copy of the letter of authorisation)

29


Annex 5

Statement by the Tenderer regarding its experience

For the open tender “Identification and study of cultural heritage within the compartment

zone of Rail Baltica line in Latvian territory”

___________________________________________________________ (signature, name, surname of the person, who is entitled to represent the tenderer, or a person

authorised by him (attach original or an approved copy of the letter of authorisation))

No. Contracting

authority

(title, address,

contact

person,

phone)

Title of object Description of

service

State protection

number of the

cultural monument

(or similar

information about

foreign objects)

Duration of works

– year/months of

beginning-end

According to requirements of Clause 3.1 under Section 5 „Qualification requirements to

Tenderers“ of the regulations:

According to requirements of Clause 3.2 under Section 5 „Qualification requirements to

Tenderers“ of the regulations:

-------------

-------------

-------------

-------------

30


Annex 6

CV template of tenderer's staff

For the open tender “Identification and study of cultural heritage within the compartment zone

of Rail Baltica line in Latvian territory”

1. Surname:

2. Name:

3. Certificate No. (if relevant):

4. Education:

Educational establishment [date from – to] Degree/ diploma.

5. Language skills: Please indicate the level of proficiency from 1 to 5 (5 – excellent, 1 –

basic)

Language Reading Speaking Writing

6. Current employee and position:

7. Main qualification (relevant for the service provision):

8. Career experience:

Date from – to

(month/ year)

Enterprise Area of

business

Title and description of project/work/object to prove

all requirements under Clause3.3 of the regulations

„Qualification requirements to Tenderers“ for the

respective expert are met, indicating the Contracting

Authority, its contact person and contact information

9. Any other significant information, which describes the qualification and

experience of the expert and is relevant for the service provision:

10. Statement:

I, the undersigned, approve the present CV contains truthful information about me, my

knowledge, qualification, and experience. I understand that the provision of false

information here may be the reason for non-conformity and rejection of the present bid.

I agree to participate in this open tender for the provision of listed services as an expert

proposed by the tenderer <title of the tenderer>. Should the tenderer be selected as the

preferred bidder, I approve that I can and wish to deliver this work in the expert role

assigned to me, and which is the reason my CV is attached.

_____________________________

[Expert signature]

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

31


Annex 7

Sub-contractors and information about persons, on whose capabilities the tenderer relies

„Identification and study of cultural heritage within the compartment zone of Rail Baltica line


* The Tenderer lists all sub-contractors, who are engaged on a permanent basis to deliver the works and the

share of whom for the works is at least 20%.

No. Description Sub-contractor/ expert, on whose

capabilities the tenderer relies

1. Name, registration No. (or name,

surname, personal ID No.)

2. Registered address:

3. Contact:

4. Phone, e-mail:

5. Status in the offer (sub-contractor or an

entity (expert), on whose capabilities

the tenderer relies)

6. Brief description of the works to be

assigned to the sub-contractor/ partner

7. Share of works to be assigned (%)

______________________________________________________________ (signature, name, surname of the person, who is entitled to represent the tenderer, or a person


32

Procurement identification No. 2017/1 CEF

Annex 8

Financial Offer

Open tender „Identification and study of cultural heritage within the compartment zone of Rail


We herewith offer to provide inspection and study of cultural heritage and/or works to

study archaeological heritage within the partition zone of Rail Baltica route, section in Latvia,

according to requirements of the Technical specification (Annex 2 of Regulations) and

according to the draft framework agreement for the price of:

No. Description of works Man-day rate, excl.

VAT, EUR

1. Route scoping works

2. Inventory and works to study cultural heritage

3. Archaeological excavation works

4. Works to identify cultural values underwater

5. Surveying of buildings and industrial monuments by

means of 3D laser scanning, preparation of the 3D

model

Offered price EUR, excl. VAT

*The man-day rate covers all and any costs related to the complete fulfilment of Works under

the present Contract, including, but not limited to the costs for works and labour, machines,

tools and transport, work organisation, equipment for health and safety measures, taxes (excl.

VAT), insurance and guarantee costs, costs related to drafting all relevant documents, receipt

of all relevant approvals and permits, including works, products, materials, equipment and

devices not listed under the Contract, but are needed to properly fulfil the Service of due

quality and in time.

______________________________________________________________ (signature, name, surname of the person, who is entitled to represent the tenderer, or a person


33


Annex 9

Preliminary understanding of the tenderer about the performance of envisaged works

“Identification and study of cultural heritage within the compartment zone of Rail Baltica line


Work to be done General description of

methods to be applied to

the performance of works

General description of

technical resources

available for the

performance of works

LIDAR data analysis, use of LIDAR data

on site, surveying within the LKS 92

coordinate system

Identification of cultural values

Inspection of cultural values underwater

Cultural heritage inventory and study

Archaeological excavations

Recording and demonstration of the

Works process and findings to

Contracting Authority

_____________________________________________________________________ (signature, name, surname of the person, who is entitled to represent the tenderer, or a person authorised by him

(attach original or an approved copy of the letter of authorisation)

34


Annex 10

FRAMEWORK AGREEMENT No. ________

about the identification and study of cultural heritage within the compartment zone of

Rail Baltica line in Latvian territory

Riga,

___ _________ 2017 ______________

SIA “Eiropas dzelzceļa līnijas”, joint registration No.40103836785, (hereinafter –

Contracting Authority), represented by its ___________________ according to

__________________, on one hand,

and

____________, registration No.____________, represented by its ______________________,

according to_____________,









according to the result of the procurement procedure: ________________, procurement

identification No. ______________, conclude the following framework agreement,

1. TERMS USED

1.1. Contracting Authority - SIA „Eiropas dzelzceļa līnijas”, joint registration No.

40103836785, registered address: 3 Gogoļa Street, Rīga, LV-1050, actual address: 12

Maskavas Street, Rīga, LV-1050.

1.2. Contractor No.1 - ____________________________.

1.3. Contractor No.2 - ____________________________.

1.4. Contractor No.3 - ____________________________.

1.5. Contractor No.4 - ____________________________.

1.6. Contractor No.5 - ____________________________.

1.7. Contractor – Contractor No.1, Contractor No.2, Contractor No.3, Contractor No.4 or

Contractor No.5.

1.8. Contractors – Contractor No.1, Contractor No.2, Contractor No.3, Contractor No.4 or

Contractor No.5.

1.9. Party – Contracting Authority or Contractors.

1.10. Parties – Contracting Authority or Contractors.

1.11. Procurement – Contracting Authority's launched open tender “______________”,

35

procurement identification No. ____________________.

1.12. Agreement – the present framework agreement and all its annexes entered by and

between the Parties.

1.13. Contract – a contract, which is concluded by and between the Contracting Authority and

Contractor about the performance of Works at a particular Object/-s. The draft contract is

attached as Annex 4 of this Agreement.

1.14. Object/-s – land unit/-s ir real estate or buildings (or structures) within the partition zone

and related infrastructure of the European gauge public use railway infrastructure line

“Rail Baltica” route.

1.15. Works – identification of cultural values at the Object, heritage inventory and/or study

of cultural monuments at the object, archaeological excavation a the Object, considering

the provisions of Agreement, Technical specification, Contract, requirements of the

Contracting Authority, and the laws and regulations valid in the republic of Latvia.

1.16. Amount of Agreement – maximum lump sum excluding VAT, which the Contracting

Authority can pay to the Contractors during the whole term of the Agreement for the

complete and duly performed Works. The Amount of Agreement includes all costs

related to the performance of Works, including costs for the purchase of materials and

equipment, acquiring consents ad information, transport, taxes, excluding VAT, relevant

costs, and costs for works, which are not directly included, but whose need for their

performance or use arises out of the subject matter of Agreement and/or scope, and

whose performance and use might be necessary to complete the Works.

1.17. Contract fee - the total sum indicated in the Contract for the performance of Works at

all Objects indicated in the Contract, excluding VAT.

1.18. VAT – value added tax.

1.19. Force majeure circumstances – circumstances and events, which could neither be

foreseen, nor prevented, nor affected by the Parties, including acts of God, floods, earth

quake, and other natural phenomena, war and warfare, and other circumstances, which

occurred after the effective date of the Agreement and which hinder or prohibit from

meeting the liabilities of the Agreement. Force majeure circumstances are not deemed

the fact that the Contractor does not any more hold valid certificates relevant to meet the

obligations of the Agreement.

2. SUBJECT OF AGREEMENT AND DEADLINE

2.1. The Agreement lays down the procedures, how the Contracting Authority will select

Contractors from the Contractors, who have concluded the Agreement, to perform the

Works, how Contracts will be concluded by and between Parties, will lay down

obligation, rights and responsibility of Parties, and how Works performed under the

Contract will be accepted and paid for.

2.2. In carrying out the Works, the Contractors shall meet the requirements of Agreement,

Technical specification, invitation to submit a price bid, Contract, Contracting Authority,

and the respective price bid by the Contractor offering to perform Works at a particular

Object/-s.

2.3. The Works performance deadline for a particular Object is indicated in the invitation to

submit a price bid.

2.4. The Agreement becomes effective on the day it is signed by both Parties, and is valid

until the liabilities of parties are met in full.

2.5. Within the Agreement, the Contracting Authority is entitled to receive the Services by 1

September 2018 or until the Agreement sum is reached (whichever is first). The

Contracting Authority is entitled to prolong the Agreement term subject to a written

36

agreement entered by and between the Parties, where the Contracting Authority is being

prolonged the allocated funding term for a period equal to that of the prolonged period,

but no longer than by two years. Where any of the Contractors refuse to conclude the

agreement for the prolongation of Agreement, the Contracting Authority concludes an

agreement with a lower number of Contractors respectively.

2.6. The procurement is funded from the Connecting Europe Facility (CEF) project

„Development of 1435 mm gauge railway line Rail Baltic/ Rail Baltica (RB) corridor

through Estonia, Latvia, and Lithuania (Stage 2)“, No. 2015-EU-TM-0347-M, funds.

3. CHOICE OF CONTRACTOR, CONTRACT CONCLUSION, AND

ASSIGNMENT OF SERVICE PROVISION

3.1. Where the Contracting Authority is in need of Works at a particular Object/-s, the

Contracting Authority shall prepare the Object/-s and descriptive information of Works

(Work assignment) and send to the e-mails of Contractor's contacts, indicated under

Clause 12 of the Agreement, an invitation to Contractors to submit a price bid (Annex 3

of Agreement) about the performance of Works at a particular Object/-s.

3.2. Within the term stipulated by the invitation, but no less than within 10 (ten) business

days, starting from the day the invitation was sent, the Contractor sends by mail to the

mailing address indicated in the invitation by the Contracting Authority its price bid for

the performance of Works at a particular Object/-s, Manager/-s of Works, who will be

involved in Contract fulfilment and who is/are listed on the List of Experts (Annex 6 of

Agreement), as well as any other information requested by the Contracting Authority

according to the templates provided by the Contracting Authority, Work assignment and

other information indicated in the invitation to submit a price bid about the performance

of Works at a particular Object/-s. Postal deliveries are deemed submitted in time, if they

are received in the address indicated in the invitation by the bid submission deadline.

3.3. Where the Contractor fails to submit its price bid within the term stipulated by the

Contracting Authority, it is deemed the price bid has not been submitted and the

Contractor has rejected the possibility to perform Works at a particular Object/-s.

3.4. When submitting a price bid about the performance of Works at a particular Object/-s,

the unit prices of Works offered by the Contractor for the respective Type of works at the

particular Object/-s cannot exceed the unit price of Works for the respective Type of

works it indicated in its financial offer submitted within the Procurement to become a

Contractor within this Agreement.

3.5. The Contracting Authority is entitled to ask the Contractor to explain in detail the

breakdown of the costs of Works indicated in the price bid. The Contractor is obliged to

submit to the Contracting Authority a detailed breakdown of the indicated costs of

Works no later than within 2 (two) business days after receipt of the respective request.

3.6. The Contracting Authority reviews the submitted price bids for their compliance with the

invitation to submit a price bid, and the requirements contained within the attached Work

assignment and technical specification (Annex 1 of the Agreement).

3.7. The Contracting Authority is entitled to reject the price bid submitted by the Contractor

in any of the following cases:

3.7.1. Where having reviewed the detailed breakdown of the costs of Works, the

Contracting Authority establishes that it is unreasonably cheap;

3.7.2. Where on the price bid submission day the Contractor is in delay of the

previously concluded Contract execution for more than 15 (fifteen) days from

the Contract execution date, and there is no valid agreement on the extension

of the Contract execution term.

3.8. The price bid by the Contractor is rejected in any of the following cases, if:

37

3.8.1. Any unit price indicated in the price bid exceeds the maximum threshold of

the unit price of respective Type of works indicated by the Contractor in its

financial offer submitted within the Procurement (Annex 2 of Agreement);

3.8.2. The price bid lacks information about the Manager of Works, who will be

engaged for the Contract execution, or any other requested information does

not comply with the requirements provided in the invitation to submit a price

bid;

3.9. In case the price bid submitted by the Contractor is rejected due to reasons under Clause

3.7 and 3.8 of the Agreement, the Contracting Authority opts for the next cheapest price

bid.

3.10. The Contracting Authority chooses one Contractor, who offered the cheapest price bid

for the performance of Works at a particular Object/-s, and notifies all other Contractors

regarding its decision by sending information to the emails of Contractor's contact

persons, which were indicated under Clause 12 of Agreement.

3.11. A Contract is concluded with the Contractor, who has been selected as the contractor of

Works at a particular Object/-s.

3.12. Where within 5 (five) business days as stipulated under Clause 3.10 of the Agreement,

starting from the day the Contracting Authority has submitted the Contract (Annex 4 of

the Agreement) for signing, it is not being signed and not handed over or sent to the

Contracting Authority, it is deemed the Contractor has refused from signing the Contract

and the Contracting Authority is entitled to conclude the Contract about the performance

of Works at a particular Object/-s with the Contractor, who has submitted the next

cheapest price bid.

4. AGREEMENT FEE, CONTRACT FEE AND PAYMENTS

4.1. The amount of the Agreement does not exceed EUR _______________ (____________

Euro and __ cents) excl. VAT.

4.2. According to the procedures stipulated by this Agreement and Contract, the Contracting

Authority pays for the duly provided Service at a particular Object/-s.

4.3. The Contract fee for each fulfilment of Works at a particular Object/-s is set down in the

Contract.

5. RESPONSIBILITIES OF PARTIES

5.1. The Contractor is liable for the compliance of Works performed by it with the provisions

contained in the Agreement, Technical specification, the Contracts and its annexes.

5.2. Each Party is liable to compensate for losses incurred to the other Party due to the illegal

actions of the former.

5.3. The Contractor bears liability towards the Contracting Authority for the Works

performed and any errors made by its engaged sub-contractors. The Contractor is liable

for the damage incurred to the Contracting Authority and/or third parties due to non-

performance or unduly performance by the sub-contractors engaged by the Contractor.

6. REPRESENTATIONS AND OBLIGATIONS OF THE PARTIES

6.1. The Contractor approves its employees hold the relevant qualification to perform the

Works.

6.2. Each Contractor is responsible to ensure permanent compatibility with the provisions

under Clause 6.1. during the whole term of the Framework agreement.

38

6.3. The Contracting Authority is obliged to provide information at its disposal requested by

the Contractor, which is needed to carry out Works at a particular Object.

7. CONFIDENTIALITY

7.1. The Contractor undertakes to protect, not to disseminate and without the prior written

consent form the Contracting Authority not to disclose to third parties the content, either

in full or partially, of documents related to the Agreement, Contract or other fulfilment

related to these, and any technical, commercial and any other information about the

operations of Contracting Authority, which has been made available to the Contractor

during the course of the Agreement and/ot Contract execution.

7.2. Confidentiality restrictions do no apply to public and well-known information, and to

information which under the provisions of the Contract or Agreement shall be disclosed

to third parties, or which under the laws and regulations is deemed as generally available

information.

7.3. The confidentiality provisions do not apply, where information is requested by

governmental or municipal authorities according to statutory provisions.

7.4. The provisions contained within this section shall continue beyond expiry of the present

Contract and Agreement.

8. ENGAGEMENT AND REPLACEMENT OF SUB-CONTRACTORS AND

EXPERTS

8.1. The Contractor ensures that the experts listed on the List of Experts (Annex 6 of

Agreement) are involved for Works performance, and the sub-contractors listed on the

List of Sub-contractors (Annex 5 of Agreement) are involved for Contract and

Agreement execution.

8.2. The Contractor is entitled to replace the sub-contractors engaged for the Agreement and

Contract, upon the capabilities of which the Contractor relied in the procurement

procedure to meet the tender requirements, and the experts listed in the Contract and

Agreement subject to prior notification to the Contracting Authority and the receipt of a

written consent by the Contracting Authority, considering the following conditions (the

Contract is not subject to amendments in such case):

8.2.1. the sub-contractor or expert proposed meets the requirements specified in the

notice regarding the contract and the procurement procedure documents,

which refer to the sub-contractors or expert;

8.2.2. the sub-contractor proposed for Contract fulfilment is replaced, upon the

capabilities of which the Contractor relied in the procurement procedure to

meet the tender requirements, and the replaced sub-contractor is at least of the

same qualification, the Contractor relied on, when the latter approved it is

compatible with the requirements of the procurement procedure;

8.2.3. the proposed sub-contractor does not comply with the tenderers' exclusion

provisions specified by Article 39¹(1) of the Public Procurement Law;

8.3. The Contractor is entitled to replace its sub-contractors for Contract and Agreement

fulfilment, if their share of services provided equals or exceeds 20% (twenty percent) of

the total Agreement value, and to engage new sub-contractors, if their share of services

provided equals or exceeds 20% (twenty percent) of the total Agreement value, subject

to a prior notification to Contracting Authority and receipt of a written consent by the

latter, provided the proposed sub-contractor does not comply with the tenderers'

exclusion provisions specified by Article 39¹(1) of the Public Procurement Law (the

Contract is not subject to amendments in such case).

39

8.4. The Contracting Authority is entitled to request in writing the Contractor to replace its

experts, where the Contracting Authority is not satisfied with the productivity, working

quality or other circumstances in relation to the Contractor's staff.

8.5. To verify, whether or not the staff or sub-contractors engaged by the Contractor for the

performance of the Agreement and Cpntract meet the requirements of Article 68 of the

Public Procurement law, following a request by the Contracting Authority the Contractor

shall submit for review the relevant and requested extra information.

8.6. The Contracting Authority makes a decision regarding the approval or rejection of

replacement of the Contractor's selected sub-contractor or expert, or the involvement of

new sub-contractor in Contract fulfilment as soon as possible, but not later than within 5

(five) business days after it has received all information and documents necessary to

make the decision.

9. FORCE MAJEURE

9.1. The Party is exempt from liability due to full or partial non-performance of the

contractual liabilities or liabilities stipulated by the Agreement, if the non-performance is

due to Force majeure conditions after the effective date of the Agreement, which could

not be foreseen or averted.

9.2. The Party subject to Force Majeure conditions shall immediately notify the other Party

in writing of the Force Majeure conditions, and where possible to attach to the

notification a statement, which is issued by a competent authority and which contains the

characterisation and approval of Force Majeure conditions.

9.3. Where due to Force Majeure conditions the contractual liabilities are not met for more

than 3 (three) months, each Party is entitled to Contract termination subject to a written

notification to the other Party at least 15 (fifteen) days in advance. In such case, the

Parties cannot claim for compensation of losses due to Contract termination.

9.4. Neither of the Parties shall be held liable for losses due to Force majeure conditions,

where the relevant Party has notified the other Party according to provisions of the

Agreement.

9.5. Force majeure conditions are not deemed the non-performance, unduly or undue

performance by the employees of the Contractor and other persons engaged by the

Contractor.

10. AGREEMENT TERMINATION

10.1. The Contracting Authority is entitled to unilateral Agreement termination with any of the

Contractors subject to a written notification to the Contractor at least 10 (ten) business

days in advance without any compensation of costs and/or losses, in case at least one of

the following has occurred:

10.1.1. the Works by the Contractor have been carried out in poor quality, improperly

or not corresponding to the contractual provisions;

10.1.2. the Contractor has refused to conclude the Contract or carry out Works at a

particular Object, although it submitted the price bid;

10.1.3. during the term of the Agreement, the Contractor has failed to submit price

bids more then 2 (two) times following the Contracting Authority's invitation

to submit a price bid for the performance of Works at a particular Object/-s, or

the price bid submitted by the Contractor has been turned down for Contract

conclusion due to any of the cases stipulated by Clause 3.7.1., 3.7.2., 3.8.1., or

3.8.2. of the Agreement;

40

10.1.4. The insolvency procedure of the Contractor has been declared, it is being

dissolved, its operations are terminated or discontinued, or its economic

operation are suspended.

11. DISPUTE RESOLUTION

All and any disputes in relation to the Contract shall be settled by amicable negotiations.

Where the dispute cannot be settled by negotiations, any disputes, disagreements, or

claims arising out of the Contract shall be settled by a court of the Republic of Latvia

according to Latvian law.

12. CONTACTS

12.1. Authorised person by the Contracting Authority: __________________

12.2. Contractor's authorised person No.1: _______________





13. MISCELLANEOUS

13.1. The Parties approve they hold the relevant powers to enter this Agreement and to

undertake its rights and obligations, and that they are able to deliver the obligations

stipulated by this Agreement.

13.2. The Agreement fully approves the will of Parties. Verbal supplements and agreements to

this Agreement are not deemed provisions of this Agreement. Any amendments become

effective only if drafted in writing, signed by both Parties and attached to the Agreement

as its annexes.

13.3. Issues not regulated directly by the Agreement shall be settled according to valid laws

and regulations of the Republic of Latvia.

13.4. The Agreement in drawn up in Latvian on _______ (______________) pages, in ______

copies; each Party holding one copy. All copies of the Agreement are of the same legal

effect.

14. ANNEXES:

At the moment of signing, the Agreement is attached the follwing annexes:

Annex 1 – Technical specification on ___ (____) pages;

Annex 2 – Financial offer on ___ (____) pages;

Annex 3 – Invitation template to submit a price bid on ___ (____) pages;

Annex 4 – Price bid template on ___ (____) pages;

Annex 5 – Draft contract on ___ (____) pages;

Annex 6 – List of sub-contractors on ___ (____) pages;

Annex 7 – List of experts on ___ (____) pages.

15. DETAILS OF PARTIES

41

________________________________ ______________________________

42

Draft Framework Agreement

Annex 3

INVITATION No. ____

to submit a price bid (procurement identification No. EDZL 2017/1 CEF)

To the Contractor _________________

Riga, _______________ 201__ (date)

We herewith invite you to submit an offer in relation to ___________________________(description

of work to be carried out) to carry out the Works according to the concluded Framework agreement

No.____________.

Request by the Contracting Authority:

1. Last possible Works performance term: within ____ (number of days) days after the effective

date of the Contract.

2. Location of performance of Works – (address).

3. Location where the Documentation has to be delivered – (address).

4. Work assignment.

5. Bid submission deadline – (year, month, date, time).

6. Mailing address for bid submission: _______________

7. Other information (if relevant).

Contact of the contracting authority


Project coordinator

Ilze Lukstiņa

.

43


Annex 4

PRICE BID No. ____

for the performance of Works (procurement identification No. EDZL 2017/1 CEF)

Title of contractor __________

Riga, _____________ 201__ (date)

We offer ti carry out the Works and elaborate the Documentation acoording to the Contracting

Authority's invitation No. ____ for the following price:

No. Types of works

(according to the General

technical specification)

Man-day

rate, excl.

VAT, EUR

Number of

man-days

needed to

carry out the

Works

Price of

Works EUR,

excl. VAT

1. Route scoping works

2. Inventory and/or works to

study cultural heritage

3. Archaeological excavation

works

4. Works to identify cultural

values underwater

5. Surveying of buildings and

industrial monuments by

means of 3D laser scanning,

preparation of the 3D model

Total, EUR (excluding VAT)

VAT 21%

Total, EUR (excluding VAT)

(Title of contractor) undertakes to carry out Works within ____ (number of days) days after

the effective date of the Contract.

Person, which will receive the approval ________________ to carry out the Works

__________________ (name, surname, personal ID No.) according to Annex ____ of the

Framework agreement

We herewith approve that the Contractor has studied the requirements under this Invitation, is

ready to carry out the Works within the given time, and it has not entered any other contractual

liabilities, which might hinder it from meeting its contractual liabilities.

We approve that the price included all costs, which are indicated in Annex 1 „Financial

Offer“ of the Agreement.

On behalf of the Contractor: ______________________________________

(position, signature, name, surname)

44


Annex 5 CONTRACT No. ________________

about the Identification and study of cultural heritage within the compartment zone of Rail Baltica line

in Latvian territory

attached to the Framework agreement No. ____ of __________ 2017 „ Identification and study of

cultural heritage within the compartment zone of Rail Baltica line in Latvian territory “

Riga ____ _____________ 2017

SIA „Eiropas dzelzceļa līnijas”, joint registration No.40103836758, represented by its

member of the board Dins Merirands acting according to company bylaws, on one hand, and

___________, joint registration No. ___________________, represented by its _______________

acting according to __________________, on the other hand,

The Contracting Authority and the Contractor hereinafter jointly referred to as Parties, based on

____ results, enter into the following contract:

1. DEFINITION AND TERMS OF THE CONTRACT

1.1. Contracting Authority - SIA „Eiropas dzelzceļa līnijas”, joint registration No.

40103836758, registered address: 3 Gogoļa Street, Rīga, LV-1050, actual address: 12 Maskavas Street,

Rīga, LV-1050.

1.2. Contractor - .

1.3. Party/ Parties – Contracting Authority or Contractor, or both.

1.4. Contract – a contract and all its annexes entered by and between the Parties.

1.5. Object – territory and/or building and/or structure on the approved route of Rail Baltica,

where Works have to be undertaken and the exact location of which is indicated on the work

assignment;

1.6. Works – one or more types of Works listed under Clause 1.7 herein, which are described in

detail in the Work assignment.

1.7. Types of works:

1.7.1. Identification of cultural values – visual site-visits to territory to be inspected and use

of relevant methods to identify and study possible cultural values, including

archaeological, architectural and urban construction, art, industrial values, and sites of

historical events to a degree, which allows preparing the information about the value of

discoveries and recommendations regarding further steps their protection,

transformation or in-depth study.

1.7.2. Cultural heritage inventory of cultural monuments and/or study thereof – in-depth

study of architectural and industrial monuments in order to determine the cultural

heritage value and technical condition of the objects, and the value and relevance of

individual parts within these in order to draft detailed recommendations for the

Contracting Authority for the protection and transformation thereof.

1.7.3. Archaeological study – archaeological trial excavations and archaeological excavations

aimed at the identification of preserved arachaeological evidence, and if such are

discovered to study these completely.

1.8. Field works – part of Works or part of Types of works, which shall be carried out at the

Object.

1.9. Documentation preparation works – part of Works or part of Type of works, which is

45

related to drafting and submitting the Documentation to the Contracting Authority and/or

State Inspection for Heritage Protection.

1.10. Documentation – considering the Work assignment and valid Latvian statutory requirements,

a brief report drafted at the completion of the Type of works about the outcome of works,

review of works or other documentation, which is submitted by the Contractor within the

term stipulated by the Contract to the Contracting Authority and/or State Inspection for

Heritage Protection and/or respective municipality and/or other institution or persons.

1.11. Work assignment – Work assignment attached to the invitation to submit a price bid (Annex

1 of the Contract).

1.12. Contract fee – total sum (excl. VAT) indicated in the Contract according to the price bid

submitted by the Contractor about the performance of Works at a particular Object, which the

Contracting Authority will pay to the Contractor in full for duly performed Works by the

Contractor at a particular Object, which are accepted by the Contracting Authority. The

Contract fee covers full payment for the complete fulfilment of Works under the present

Contract, including, but not limited to all and any costs related to complete fulfilment of the

Works, including the costs for works and labour, machines, tools and transport, work

organisation, equipment for health and safety measures, taxes (excl. VAT), insurance costs, costs

related to drafting all relevant documents, receipt of all relevant approvals and permits, including

works, products, materials, equipment and devices not listed under the Contract, but are needed

to properly fulfil the Works of due quality and in time.

1.13. Man-day rate – price (excl.VAT) of specialists of respective qualification to perform the

works, which is used to calculate the Costs of Works and which constitutes the Contract fee. 1

(one) man-day amounts to 8 (eight) hours of work. The man-day rate covers all and any costs

related to the complete fulfilment of Works under the present Contract, including, but not limited

to the costs for works and labour, machines, tools and transport, work organisation, equipment

for health and safety measures, taxes (excl. VAT), insurance costs, costs related to drafting all

relevant documents, receipt of all relevant approvals and permits, including works, products,

materials, equipment and devices not listed under the Contract, but are needed to properly fulfil

the Service of due quality and in time.

1.14. VAT – Value Added Tax.

1.15. Force majeure – events beyond the control and responsibility of Parties (acts of God, floods,

fire, earth quake, and other natural phenomena, war and warfare, strikes, enactments and

instructions adopted by Latvian governmental authorities and municipal authorities, along

with other circumstances beyond the reasonable control of Parties, etc.), which could neither

be foreseen, nor prevented.

1.16. Works performance protocol – a protocol, which after being signed by both Parties is proof

of the performance and acceptance of Field works under the Contract by the Contracting

Authority, except for drafting and submitting of Documentation to the Contracting

Authority.

1.17. Works delivery-acceptance protocol – a protocol, which after being signed by both Parties is

proof of the performance and acceptance of Works or Type of works under the Contract by the

Contracting Authority.

1.18. Monthly report – a report drawn by the Contractor about the Progress of Works during the

last calender month, which is submitted by the Contractor to the Contracting Authority on a

monthly basis and which includes at least the information according to Annex 1 „Technical

specification“ hereof.

46

2. SUBJECT OF THE AGREEMENT

The Contracting Authority assigns and the Contractor undertakes to perform the Works at the

Object according to the provisions of the Agreement and the Contract, and their anexes, and the

valid Latvian law.

3. CONTRACT FEE AND PAYMENTS

3.1. The contract fee amounts to __________ EUR (_________ Euro and ____ cents) (hereinafter –

Contract fee). The Contract fee consists of (insert Contract fees for Types of Works, where the

Contract is concluded for several Types of Works):

3.2. The payment of the Contract fee or the Contract fee for Types of works is divided in the

following shares:

3.2.1. for the performance of Field works – 40% (forty per cent) of the Contract fee or the

Contract fee for Types of works;

3.2.2. for drafting and submitting the Documentation to the Contracting Authority and the

authority/-ies indicated in the Work assignment – 60% (sixty per cent) of the Contract

fee or the Contract fee for Types of works.

3.3. The Contracting Authority pays the VAT on top of the Contract fee according to statutory

provisions.

3.4. The Contract fee will not be increased during the whole Contract duration due to increase of

labour and/or material costs, amendments to valid Latvian law, inflation or currency fluctuations,

and any other circumstances, which might affect the Contract fee.

3.5. The part of Contract fee or part of Contract fee for the Type of Works according to Clause 3.2.1

herein is paid by the Contracting Authority to the Contractor within 30 (thirty) days after the

completion of Field works or the mutual signing of the Works performance act, and after

submitting a respective invoice to the Contracting Authority.

3.6. The part of Contract fee or part of Contract fee for the Type of Works according to Clause 3.2.2

herein is paid by the Contracting Authority to the Contractor within 30 (thirty) days after full

or partial completion on Works or Type of Works, mutual signing of the Works delivery-

acceptance act, submission of Documentation to the respective authority/-ies indicated in the

Work assignment, and after submitting a respective invoice to the Contracting Authority.

3.7. The payment is deemed made on the day the Contracting Authority has made the transfer to

the bank account indicated by the Contractor on its invoice.

3.8. The procurement is funded from the Connecting Europe Facility (CEF) project „Development

of 1435 mm gauge railway line Rail Baltic/ Rail Baltica (RB) corridor through Estonia, Latvia,

and Lithuania (Stage 2)“, No. 2015-EU-TM-0347-M, funds.

4. WORKS PERFORMANCE DEADLINE AND THE PROCEDURES FOR THE DELIVERY

AND ACCEPTANCE OF WORKS

4.1. The Works have to be completed no less than within _________ days after the effective date of

the Contract. Full performance of the Works is approved by a mutually signed Works

acceptance-delivery act (with a reference to the deadline indicated by the Contracting Authority

in the Work assignment).

4.2. After completion of the Field works, the Contractor notifies the Contracting authority of the

completion of Field works and submits a signed Works performance act.

4.3. The Contracting Authority shall review the submitted Works performance act within 10 (ten)

business days, and shall either sign it or submit written objections to the Field works or the

Works performance act. Where the Contracting Authority has submitted written objections to

the Field works or the Works performance act to the Contractor, the Contractor shall remedy

the deficiencies in the Field works and/or shall revise the Works performance act respectively,

and submit to the Contracting Authority a revised Works performance act for repeated review

according to the procedures stipulated under this clause.

4.4. Where the Contracting Authority signs the Works performance act, this does not constitute a

complete acceptance of the Field works by the Contracting Authority and does not constitute a

waiver by the Contracting Authority to raise objections regarding the performance of Field

47

works at the acceptance of Works.

4.5. After all Works have been completed, the Contractor submits to the Contracting Authority the

Works delivery-acceptance protocol. The Contracting Authority shall review the signed

Delivery-acceptance protocol within 10 (ten) business days, and either signs it or provides

written objections on the Works or the Delivery-acceptance protocol of Works. Where the

Contracting Authority has submitted written objections to the Works or the Works delivery-

acceptance protocol to the Contractor, the Contractor shall remedy the deficiencies in the

Works and/or shall revise the Works delivery-acceptance protocol respectively, and submit to

the Contracting Authority a revised Works delivery-acceptance protocol for repeated review

according to the procedures stipulated under this clause.

4.6. The Contracting Authority is entitled to prolong the Works performance deadline, if:

4.6.1. additional Works have to be undertaken during the Archaeological excavation;

4.6.2. the Works cannot be carried out, because the Object owner rejects or hinders the

Works performance at the Object;

4.6.3. the Works are suspended due to any archaeological finding.

4.7. In cases under Clause 4.5. herein, the Contract deadline is prolonged for a period of time,

which is needed to properly carry out the additional Works or to study the detected objects, or for

a period of time, during which the Works were suspended.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. Obligations of the Contractor:

5.1.1. to carry out the Scope of works under this Contract with own tools, devices, and labour

force at own risk, to organise and carry out works and other assignments relevant for the

performance of Works according to the provisions contained within the Present Contract,

Annexes and valid laws and regulations, and to submit these to the Contracting

Authority by the deadline stipulated under Clause 4.1 herein;

5.1.2. to communicate the performance of Works with respective authorities, and to receive

respective permits to carry out the works, and to cover costs related to receipt of these

permits; 5.1.3. to inform the Contracting Authority in due time of any envisaged changes, discrepancies

in the documents, inspections, and other conditions;

5.1.4. according to valid laws and regulations, to ensure all and any relevant health and safety,

and fire protection measures are organised and observed at the Object, and to ensure

relevant fixings, safety phrases, and illumination at the study site;

5.1.5. to observe the valid statutory requirements to prevent pollution and deterioration of the

environment;

5.1.6. to ensure access of Contracting Authority's representatives and representatives from

controlling authorities to the Object;

5.1.7. to organise the Works in a manner that the cultual heritage elements of the Object are not

damaged;

5.1.8. to ensure organisation of Works at the Works Area;

5.1.9. to provide a monthly report to the Contracting Authority.

5.2. Rights of the Contractor:

according to contractual provisions, to receive remuneration of properly provided Works of due quality

under the Contract.

5.3. Obligations of the Contracting Authority: 5.3.1. To assign an authorised representative at the Object, who will check the performance of

Works and monitor the Works, without intruding the economic activities of the

Contractor;

5.3.2. To accept from the Contractor duly delivered Works of due quality under the Contract,

and to pay for completed Works according to contractual provisions.

48

5.4. Rights of the Contracting Authority:

5.4.1. To control the performance of contractual provisions, and to visit the Object to study the

progress and quality of Works;

5.4.2. to issue instructions to the Contractor at any time, which may be relevant for the Works

fulfilment and remedy of deficiencies under the present Contract.

6. INSURANCE

6.1. The Contractor undertakes prior to commencement of Works, but no later than within 5

(five) business days after the effective date of the present Contract, to submit to the

Contracting Authority copies of insurance policies, insurance contract and of documents,

which are proof of the payment of the insurance premium, and to present the originals of these

documents, for the purpose of its own professional indemnity insurance under the following

terms:

6.1.1. the total liability cap at the particular object is no less than 10% of the Contract fee;

6.1.2. for each case, no less than 10% of the Contract fee;

6.1.3. excess not to exceed EUR 1,000.00 (one thousand Euro and 00 cents);

6.1.4. insurance risks - all and any losses and damages (i.e., material losses, personal injuries,

financial losses), which the Contractor, during Contract performance, has incurred to

third parties (incl. the Contracting Authority – SIA „Eiropas dzelzceļa līnijas”). 6.2. Where the insurance agreement is not concluded aimed at a particular object, together with the

insurance policy, insurance agreement and a document, which is proof of the payment of the

insurance premium, the Contractor shall submit a certificate to the Contracting Authority

which approves the insurance protection in relation to the particular object.

6.3. The Contractor undertakes to maintain valid all and any insurance agreement, policy and

liability limits in relation to the professional indemnity insurance according to Clause 6.1 of

the Contract for the whole duration of the Agreement.

6.4. Where the insurance agreement and/or policy expires during the term under Clause 6.3 herein,

the Contractor submits to the Contracting Authority new documents of the same type and

content as stipulated by Clause 6.1 and 6.2 herein within no later than 10 (ten) days before the

expiry of the professional indemnity insurance agreement and policy.

6.5. Before signing the insurance agreement and insurance policy as stipulated under Clause 6.1.

herein, the respective insurance agreement and insurance policy, along with any amendments

to the insurance agreement and insurance policy shall be communicated in writing in advance

with the Contracting Authority. In case the Contractor fails to meet the provisions

hereunder, it shall be deemed the Contractor has failed to meet its obligation regarding

provision of and maintaining the insurance agreement and policy within the term stipulated by

the present Cpntract.

7. AUTHORISED CONTACT BY PARTIES

7.1. The authorised contact by Contracting Authority for Contract fulfilment issues, is Mr/

Mrs_______________________________________, phone _____________, e-mail:

_________________. The authorised contact of the Contracting Authority, without going

beyond the scope of Contract, is entitled to settle all on-going operational issues related to

Contract fulfilment, to organise and control the course of Contract fulfilment, including, but

not limited to communication between the Parties, to request information from Contractor,

to provide information to Contractor, to ensure delivery/ acceptance, signing of relevant

documents of the Contract (documentation of Works, Delivery-acceptance protocols of

Works, etc.), to ensure acceptance of delivered Works, to issue instructions regarding the

Contract and Works execution, and to undertake other actions related to proper fulfilment of

contractual obligations. This person is not authorised to undertake amendments or additions to

the Contract, including changes to the Contract fee and/or Works performance deadlines or

Scope of Works.

7.2. The authorised contact by Contractor for Contract fulfilment issues, is Mr/

Mrs_______________________________________, phone _____________, e-mail:

49

_____________________. The authorised contact of the Contractor, without going beyond

the scope of Contract, is entitled to settle all on-going operational issues related to Contract

fulfilment, to organise and control the course of Contract fulfilment, including, but not limited

to communication between the Parties, to request information from Contracting Authority,

to provide information to Contracting Authority, to ensure delivery/ acceptance, signing of

relevant documents of the Contract (documentation of Works, Delivery-acceptance protocols

of Works, etc.), to ensure acceptance of delivered Works, to issue instructions regarding the

Contract and Works execution, and to undertake other actions related to proper fulfilment of

contractual obligations. This person is not authorised to undertake amendments or additions to

the Contract, including changes to the Contract fee and/or Works performance deadlines or

Scope of Works.

8. ADDITIONAL WORKS

8.1. The Contracting Authority is entitled to extending the Scope of archaeological works, if

during the archaeological works new large-scale archaeological or other objects are detected

and additional Archaeological excavation works have to be undertaken.

8.2. The Contracting Authority is entitled to reducing the Scope of Works, where some part of

Works cannot be carried out, because the Object owner rejects or hinders the Works

performance.

8.3. Where the Scope of archaeological works is extended, the price for additional Archaeological

excavation works is determined based on the man-day rates offered by the Contractor in its

Price bid and considering the Scope of additional Archaeological works.

9. RESPONSIBILITIES OF PARTIES

9.1. Parties bear full material responsibility for damage and losses incurred due to illegal action of

either Party during the Works performance to the other Party or third parties.

9.2. The Contractor bears material responsibility for damage to the Object and all losses incurred

due to performance of Works.

9.3. The Contractor bears material responsibility for damage and losses incurred to the Contracting

Authority or third parties or the Object by the Contractor's sub-contractor.

9.4. Where the Contractor exceeds the Works performance deadline under Clause 4.1 herein, the

Contracting Authority is entitled to request and the Contractor is obliged to pay a penalty fee

of 0.5% (zero-point one percent) of the Contract fee for each day in delay, but no more than 10%

(ten percent) of the Contract fee.

9.5. Where the Contractor fails to meet or neglects any of the Contract provisions, except for the

Works performance deadline under Clause 4.1 herein, the Contracting Authority is entitled to

request from the Contractor and the Contractor is obliged to pay a penalty fee of 3% (three per

cent) of the Contract fee for each day in delay.

9.6. Where the Contractor, in carrying out the Works, has tolerated a discrepancy in the Works,

which the Contracting Authority has established and notified to the Contractor within 48

(forty-eight) months after the Works/ type of Works have been accepted, which is proven by a

mutually signed Works acceptance-delivery act, the Contracting Authority is entitled to request

from the Contractor a penalty fee of 10% (ten per cent) of the Contract fee for each

infringement case.

9.7. Where the Contracting Authority falls behind with the contractual payments and the

Contractor has met its contractual liabilities, the Contractor is entitled to request and the

Contracting Authority is obliged to pay a penalty fee of 0.5% (zero-point one percent) of the

outstanding payment for each day in delay, but no more than 10% (ten percent) of the

outstanding payment.

9.8. The Contracting Authority is entitled to deduct the penalty fee and losses from any payment

pertaining to the Contractor under this Contract before it is paid to the Contractor.

9.9. The Contracting Authority is not liable for Contractor's liabilities, which it has entered into

with third parties regarding the Contract execution.

50

9.10. The payment of the penalty fee does not constitute a waiver by the Parties from the further

execution of the Contract or compensation for losses.

10. CONTRACT TERMINATION

10.1. The Parties may terminate the Contract subject to a written agreement, or an unilateral

termination in cases stipulated herein.

10.2. The Contracting Authority is entitled to unilateral Contract termination subject to a prior

notification to Contractor at least 10 (ten) days in advance and waiving from any

compensations to the Contractor due to losses or costs incurred to the latter, if at least one of the

following cases has occurred:

10.2.1. The Works performed do not comply with valid statutory provisions and/or contractual

provisions and/or provisions of Contract annexes;

10.2.2. The Contractor falls behind the Service deadlines under 4.1 herein for at least 15

(fifteen) days;

10.2.3. The Contractor fails to meet the provisions of Clause 6 herein;

10.2.4. According to statutory procedures, the Contractor is declared insolvent, a decision has

been taken to dissolve it, or its economic actions have been suspended.

10.3. The Contractor is entitled to unilateral Contract termination subject to a prior notification to

Contracting Authority at least 10 (ten) days in advance and waiving from any compensations

to the Contracting Authority due to losses or costs incurred to the latter in relation to Contract

termination, if:

10.3.1. The Contracting fails to make the payments within terms stipulated by the Contract,

the Contractor has met its contractual liabilities, and the payment has been delayed for

more than 60 (sixty) calender days;

10.3.2. According to statutory procedures, a decision has been taken to dissolve the

Contracting Authority, or its economic activities have been suspended.

11. FORCE MAJEURE

11.1. The Party is exempt from liability due to full or partial non-performance of the contractual

liabilities, if the non-performance is due to Force majeure conditions after the Effective date of

the contract, which could not be foreseen or averted.

11.2. The Party subject to Force Majeure conditions shall notify the other Party in writing of the

occurrence of Force Majeure conditions within a reasonable time, and where possible to attach

to the notification a statement, which is issued by a competent authority and which contains the

characterisation and approval of Force Majeure conditions.

11.3. Where due to Force Majeure conditions the contractual liabilities are not met for more than 3

(three) months, each Party is entitled to Contract termination subject to a written notification to

the other Party at least 10 (ten) days in advance. In such case, the Parties cannot claim for

compensation of losses due to Contract termination.

11.4. Neither of the Parties shall be held liable for losses due to Force majeure conditions, where the

relevant Party has notified the other Party according to Clause 11.2 herein.

12. SPECIALISTS

12.1. The Contractor ensures the following specialists carry out the Works:

13. DISPUTES

All and any disputes in relation to the Contract shall be settled by amicable negotiations. Where the

dispute cannot be settled by negotiations, any disputes, disagreements, or claims arising out of the

Contract shall be settled by a court of the Republic of Latvia according to Latvian law.

51

14. CONFIDENTIALITY

14.1. The Contractor undertakes to observe confidentiality, including to protect, not to disseminate

and without the prior written consent form the Contracting Authority no to disclose to third

parties the content, either in full or partially, of documents related to the Contract or its

fulfilment, and any technical, commercial and any other information about the operations of

Contracting Authority, which has been made available to the Contractor during the course of

the Contract execution.

14.2. Confidentiality restrictions do no apply to public and well-known information, and to

information which under the contractual provisions shall be disclosed to third parties, or which

under the laws and regulations is deemed as generally available information.

14.3. The confidentiality provisions do not apply, where information is requested by governmental or

municipal authorities according to statutory provisions.

14.4. Parties agree that the breach of confidentiality provisions is a breach of the Contract, which

entitles the Contracting Authority to invite the Contractor compensate for any losses the

former has incurred due to breach of confidentiality provisions.

14.5. The provisions contained within this section shall continue beyond expiry of the present

Contract.

15. MISCELLANEOUS

15.1. The Contract shall come into effect after it has been signed by both Parties and shall be valid

until complete fulfilment of contractual liabilities.

15.2. Any amendments to contractual provisions are subject to mutual agreement. The amendments

shall be made in writing and shall come into effect after both Parties have signed these.

15.3. The Parties shall immediately notify each other of the change of their location, representatives,

bank details and other significant changes, which might affect the proper fulfilment of the

Contract. Parties bear full liability for failing to meet this obligation in due time.

15.4. Where any of the contractual provisions shall become invalid due to law amendments, this

Contract shall not become ineffective as regards all its other provisions, and in such case the

Parties are obliged to adapt the Contract to the valid laws and regulations.

15.5. Where any of the provisions of the Contract annexes come in conflict with the contractual

provisions, the Parties shall apply the provisions of the Contract annex insofar as these are not

limited by the contractual provisions.

15.6. The Contract is drafted on ____ pages in two copies, in Latvian, each Party holding one copy;

both copies are of equal legal efficiency.

15.7. At the time of signing, the Contract covers the following annexes:

15.7.1. Annex 1 – Invitation to submit a price bid on ___ (____) pages;

15.7.2. Annex 2 – Price bid on ___ (____) pages;

16. DETAILS OF PARTIES


Reg. No. 40103836785

Registered address: 3 Gogoļa Street, Rīga, LV-

1050

Actual address: 12 Maskavas Street, Rīga, LV-

1050

Bank: Nordea banka

SWIFT: NDEALV2X.

IBAN: LV13NDEA0000084691697

_______________________

Member of the board Dins Merirands

_______________

Reg. No. ____________

Registered address _____________

Bank: ________________

SWIFT:

IBAN:

____________________________

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