1 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 ____________________________ SIA “Eiropas dzelzceļa līnijas” 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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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
____________________________
SIA “Eiropas dzelzceļa līnijas”
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
2
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
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
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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
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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
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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.
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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.
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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
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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.
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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.
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Procurement identification No. EDZL 2017/1 CEF
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)
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Procurement identification No. EDZL 2017/1 CEF
Annex 2
Technical specification
Open tender „Identification and study of cultural heritage within the compartment zone of Rail
Baltica line in Latvian territory “
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”:
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. to submit monthly progress reports to the contracting authority, including at least the
following information:
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,
4.2.9. 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“ 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. to submit monthly progress reports to the contracting authority, including at least the
following information:
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,
2.1.7. 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” 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
Procurement identification No. EDZL 2017/1 CEF
Annex 3
Statement the bid was elaborated independently
Herewith, providing detailed and true information,
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
Procurement identification No. EDZL 2017/1 CEF
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
Procurement identification No. EDZL 2017/1 CEF
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
Procurement identification No. EDZL 2017/1 CEF
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
Procurement identification No. EDZL 2017/1 CEF
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
in Latvian territory “
* 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
authorised by him (attach original or an approved copy of the letter of authorisation)
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
Baltica line in Latvian territory “
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
authorised by him (attach original or an approved copy of the letter of authorisation)
33
Procurement identification No. EDZL 2017/1 CEF
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
in Latvian territory “
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
Procurement identification No. EDZL 2017/1 CEF
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_____________,
____________, registration No.____________, represented by its ______________________,
according to_____________,
____________, registration No.____________, represented by its ______________________,
according to_____________,
____________, registration No.____________, represented by its ______________________,
according to_____________,
____________, 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.
6. Mailing address for bid submission: _______________
7. Other information (if relevant).
Contact of the contracting authority
SIA “Eiropas dzelzceļa līnijas”
Project coordinator
Ilze Lukstiņa
.
43
Draft Framework Agreement
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
Draft Framework Agreement
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/