Proposals must be submitted before 3 April 2019 at 14:00, in the EIS subsystem

Transcription

1 AMENDMENTS INTRODUCED IN THE SITTING OF THE PROCUREMENT COMMISSION ON to the REGULATIONS of the Open Tender ENGINEERING CONSULTANT, CONSTRUCTION SUPERVISION AND CONSTRUCTION DESIGN EXPERT- EXAMINATION SERVICES IN THE PROJECT "RAIL BALTICA RIGA RAILWAY BRIDGE, RAILWAY EMBANKMENT AND RIGA CENTRAL PASSENGER STATION COMPLEX CONSTRUCTION (Identification No. EDZL 2018/4 CEF) On , the Procurement Commission has adopted a decision in the sitting to introduce the following amendments to the Regulations of the Open Tender ENGINEERING CONSULTANT, CONSTRUCTION SUPERVISION AND CONSTRUCTION DESIGN EXPERT-EXAMINATION SERVICES IN THE PROJECT "RAIL BALTICA RIGA RAILWAY BRIDGE, RAILWAY EMBANKMENT AND RIGA CENTRAL PASSENGER STATION COMPLEX CONSTRUCTION (Identification No. EDZL 2018/4 CEF) (hereinafter referred to as the Regulations), to Annex No. 2 Technical Specification (Time Schedule of Specialists), Annex No. 12 Form of Financial Proposal, Annex No. 13 Draft Procurement Contract, Annex No. 3 Financial Proposal to Annex No. 13 Draft Procurement Contract and Annex No. 4 Time Schedule of Specialists to Annex No. 13 Draft Procurement Contract : 1. To read Sub-Clause as follows: Proposals must be submitted before 3 April 2019 at 14:00, in the EIS subsystem of e-tenders. 2. To read Sub-Clause as follows: The submitted proposals will be electronically opened right after expiry of the time limit set for the submission on 3 April 2019 at 14:00, in the EIS sub-system of e- tenders. 3. Replace in the Time Schedule of Specialists of Annex No. 2 Technical Specification to the Regulations the words FIDIC arbitrator by FIDIC arbitrator (90 working hours per year). 4. In Annex No. 13 Draft Procurement Contract to the Regulations: In Clause 3 of the Contract Agreement, delete the words The aforementioned services are to be considered as Additional services within the meaning of the General Provisions of the Contract To read Clause 4 of the Contract Agreement as follows: 4 Without prejudice to the Employer's rights stipulated in the Special Provisions of the Contract to make amendments and/or rights to reduce of the volume of Services to be provided, if, during the performance of the Contract, the Employer or the Consultant finds that the services stipulated in Annex No. 1 to the Contract / Scope of Services/ are not necessary or useful, the Parties to the Contract shall

2 agree on reduction of the Scope of Services and the Accepted Contractual Amount To read Clause 12 of the Contract Agreement as follows: 12 Advance payment shall not exceed 5% of the Accepted Contractual Amount. Mobilisation payment shall be 7% of the Accepted Contractual Amount To read Sub-Clause Services, Paragraph 2 to the Special Provisions of the Contract in a new The Consultant shall provide the Services with regard to the Stage of Works No. 3 and/or the Stage of Works No. 4 of the Works Contract, and the Employer shall pay for them in accordance with the procedure stipulated in the Contract, if the Employer has issued an order to the Contractor of the Works Contract regarding execution of the Stage of Works No. 3 and/or the Stage of Works No. 4 of the Works Contract and the Employer has issued an order to the Consultant regarding execution of the Services with regard to the Stage of Works No. 3 and/or the Stage of Works No. 4 of the Works Contract. The Employer shall issue the order regarding execution of the Services with regard to the Stage of Works No. 3 and/or the Stage of Works No. 4 of the Works Contract within the time limits as stipulated in the Works Contract regarding the issue of orders regarding execution of the Stage of Works No. 3 and/or the Stage of Works No. 4 of the Works Contract In Clause of the Special Provisions of the Contract, delete the words: If Time Schedule of the Works Contract is amended during the validity period of the Contract, the Employer and the Consultant shall amend Annex No. 4 [Time Schedule of the Services] to the Contract accordingly To read Sub-Clause 4.3 of the Special Provisions of the Contract in a new To read Sub-Clause 4.3 in a new Changes may be introduced by the Employer at any time before the issuance of approval of the Works Contract laid down therein in accordance with Sub-Clause 11.9 of the Works Contract by issuing an order, by which the Time Schedule of the Services and/or the Accepted Contractual Amount are being extended or shortened. The Consultant shall not be entitled to refuse implementation of the Changes, unless the Consultant has immediately submitted a notification to the Employer indicating (together with explanatory information) that Labour Safety or the intended use thereof would be jeopardised. Upon receiving this notice, the Employer shall be obliged to revoke, approve or change its instructions. If the Employer extends or shortens the Time Schedule of the Services and/or the Scope of Services is increased or reduced, and/or the Accepted Contractual Amount is increased or reduced by a relevant Order of Changes, the Employer shall calculate the remuneration due to the Consultant according to the prices of the Services payments and/or daily rates of the Consultant's specialists, applicable according to the content of changes laid down in the Employer's Order of Changes. 2

3 The Employer may increase the Accepted Contractual Amount by issuing an Order/-s of Changes in the amount of not more than 50% of the initially Accepted Contractual Amount (total amount of the Consultant's financial proposal in the Procurement). Without prejudice to the preconditions laid down in Sub-Clause of the Contract for the performance of the Services with regard to the Stage of Works No. 3 and the Stage of Works No. 4, the Employer shall be entitled to reduce the Scope of Services according to the Scope of Services reduced within the framework of the Works Contract. The Employer may extend the Time Schedule of the Services by issuing Order/-s of Changes with regard to the Services applying to the construction works of the Project, up to 31 December 2026, correspondingly extending also the Time Schedule of the Services with regard to the Services during the period of notification of the construction works defects of the Project. Justification of the changes: (a) Consequences of the Employer's risks as stipulated in Sub-Clause 17.3 of the Works Contract; (b) Force majeure circumstances according to the Works Contract; (c) Necessity to exclude certain part of the Services or reduce the volume, scope thereof or increase the volume, scope of the Services; (d) Necessity to expand or shorten the Time Schedule of the Services due to changes in the time limits for execution of the Works of the Works Contract (including due to the delays of the Contractor of the Works Contract); (e) Insufficiency of funding for the implementation of all Services, a part thereof; (f) Changes introduced in accordance with the procedures laid down in Clause 13 of the Works Contract; (g) In other cases, allowed by the Applicable law with regard to the public procurement. Delete Sub-Clauses 4.3.1, and To read the first sentence of Sub-Clause of the Special Provisions of the Contract in a new Without prejudice to the provisions of Clause 4.3 of the Contract, the Employer may instruct the Consultant to suspend execution of all Services or parts thereof at any time To read the fourth sentence of Sub-Clause 5.1.1, Paragraph 1 of the Special Provisions of the Contract in a new Contractual Price may be bindingly corrected by increase or decrease solely upon mutual agreement between the Employer and the Consultant, except for the cases laid down in Clause 4.3 of the Contract [Changes] To read Sub-Clause of the Special Provisions of the Contract in a new The Employer shall pay the mobilisation payment in the amount of 7% of the Accepted Contractual Amount to the Consultant within 60 days, counting from the day, when the Employer has signed the Mobilisation Act submitted by the Consultant. 3

4 To read Sub-Clause of the Special Provisions of the Contract in a new The Employer shall make monthly payments to the Consultant for the actually completed Services in accordance with the following procedures and in the following amount according to the prices and conditions of monthly payments laid down in Annex No. 3 [Remuneration and Payment] to the Contract: (I) During the period from mutual signing of the Mobilisation Act till the end of the 21st month of the execution of the Works, the Employer shall pay to the Consultant the monthly payments Designing Supervision and Fidic Contract Administration laid down in Annex No. 3 [Remuneration and Payment] to the Contract. If the Contractor of the Works Contract completes the Stage of Works No. 1 before the end of the 21st month of the execution of the Works, the Employer shall pay to the Consultant the monthly payments Designing Supervision and Fidic Contract Administration laid down in Annex No. 3 [Remuneration and Payment] to the Contract only for the period, when the Services were provided with regard to the Stage of Works No. 1 of the Works Contract; (II) During the period from the 22nd month till the end of the 59th month of the execution of the Works, the Employer shall pay the monthly payments Construction Supervision and Fidic Contract Administration laid down in Annex No. 3 [Remuneration and Payment] to the Contract. If the Contractor of the Works Contract commences the Stage of Works No. 2 and/or the Stage of Works No. 3 before the end of the 21st month of the execution of the Works, or completes the the Stage of Works No. 2 and/or the Stage of Works No. 3 before the end of the 59th month, the Employer shall pay to the Consultant the monthly payments Designing Supervision and Fidic Contract Administration laid down in Annex No. 3 [Remuneration and Payment] to the Contract only for the period, when the Services were provided with regard to the Stage of Works No. 2 and/or the Stage of Works No. 3 of the Works Contract. Remuneration for the Services with regard to the Stage of Works No. 3 of the Works Contract shall be included in the monthly payments for the Services applying to the Stage of Works No. 2 and the Stage of Works No. 4 of the Works Contract. If the execution of the Stage of Works No. 3 of the Works Contract is not provided simultaneously with the Stage of Works No. 2 and/or the Stage of Works No. 4 of the Works Contract, for the period, when the execution of the Stage of Works No. 3 of the Works Contract is not provided simultaneously with the Stage of Works No. 2 and/or the Stage of Works No. 4 of the Works Contract, the Employer shall pay to the Consultant the remuneration for the provided Services with regard to the Stage of Works No. 3 of the Works Contract in accordance with the monthly prices laid down in Annex No. 3 [Remuneration and Payment] to the Contract, position AB. Fee for the provision of the Services in the Stage of Works No. 3 The Employer shall make the monthly payment within 60 days counting from the day, when the Employer has approved the monthly report submitted by the Consultant, and the Consultant has submitted to the Employer and invoice for the respective monthly payment. The Consultant shall be entitled to receive the Monthly payments from the day, when the Employer has signed the Mobilisation Act submitted by the Consultant 4

5 and the Consultant has submitted to the Employer the securities laid down in the Contract To read Sub-Clause of the Special Provisions of the Contract in a new During the period of notification of the defects laid down in the Works Contract up to the moment of issuance of the approval of execution of the Contract laid down in Clause 11.9 of the Works Contract, the Employer shall semi-annually pay to the Consultant the payment specified in Annex No. 3 [Remuneration and Payment] to the Contract for the Services during the period of notification of the defects To read Sub-Clause of the Special Provisions of the Contract in a new Execution of the Contractual obligations of the Consultant shall be secured by: (a) Advance payment security in the amount of the Advance Payment paid to the Consultant; (b) Security of execution of the Contract in the amount of not less that 50% of the Accepted Contractual Amount; (c) Deduction in the amount of 5% from each payment to be made to the Consultant, except for the Advance payment; and (d) Security of the Deduction money paid to the Consultant in accordance with Sub-Clause The Consultant shall submit the security of execution of the Contract to the Employer in instalments in accordance with the following procedures: (i) The Consultant shall submit the security of execution of the Contract to the Employer in the amount of 50% of the price of the share of the Services applying to the Stage of Works No. 1 of the Works Contract and the Stage No. 2 within 28 days from the day of conclusion of the Contract. (ii) The Consultant shall submit the security of execution of the Contract to the Employer in the amount of 50% of the price of the share of the Services applying to the Stage of Works No. 3 of the Works Contract within 28 days from the day, when the conditions laid down in Sub-Clause of this Contract have occurred for the provision of the Services with regard to the Stage of Works No. 3 of the Works Contract by increasing the amount of the initial security of execution of the Contract (applicable, if the Stage of Works No. 3 of the Works Contract is not performed simultaneously with the Stage of Works No. 2 or No. 4). (iii) The Consultant shall submit the security of execution of the Contract to the Employer in the amount of 50% of the price of the share of the Services applying to the Stage of Works No. 4 of the Works Contract within 28 days from the day, when the conditions laid down in Sub-Clause of this Contract have occurred for the provision of the Services with regard to the Stage of Works No. 4 of the Works Contract by increasing the amount of the initial security of execution of the Contract. 5

6 To read Sub-Clause of the Special Provisions of the Contract in a new The Consultant shall be obliged to ensure that the approved security of execution of the Contract remains in effect and is implementable up to the moment, when approval of the execution of the Works Contract has been issued in accordance with the procedures laid down in the Works Contract (Sub-Clause 11.9 of the Works Contract), having regard to the fact that, from the day, when the Stage of Works No. 2, Stage No. 3 and/or Stage No. 4 has been put into service in accordance with the procedures laid down in the Works Contract and the regulatory enactments and Acceptance-Handover Approval of the Stage No. 2, Stage No. 3 and/or Stage No. 4 has been issued in accordance with the procedures laid down in the Works Contract, the amount of the security of execution of the Contract shall be reduced after putting of each referred to Stage of Works into service by the amount of the security of execution of the Contract according to the one submitted for the share of the Services applying to the relevant Stage of Works of the Works Contract put into service and accepted by the Acceptance-Handover Approval of the Stage issued in accordance with the procedures laid down in the Works Contract. In any case, the Consultant shall ensure that the security of execution of the Contract approved by the Employer, which remains effective and is implementable up to the moment, when approval of the completion of the Works Contract is issued in accordance with the procedures laid down in the Works Contract (Sub-Clause 11.9 of the Works Contract) remains at least 10% of the Accepted Contractual Amount. If the conditions of the security of execution of the Contract specify expiry date thereof and no approval of the completion of the Works Contract has been issued in accordance with the procedures laid down in the Works Contract, the Consultant shall be obliged to extend the validity period of the security of execution of the Contract up to the day, which exceeds the moment of issue of the approval of the completion of the Contract by at least 10 (ten) business days To replace in the first sentence of Sub-Clause of the Special Provisions of the Contract the words deducting 10% (ten per cent) by the words deducting 5% (five per cent) To replace in Annex No. 4 Time Schedule of Specialists to Annex No. 13 Draft Procurement Contract the words FIDIC arbitrator by FIDIC arbitrator (90 working hours per year). 5. To read Annex No. 12 Financial Proposal to the Regulations in a new wording and Annex No. 3 Financial Proposal to Annex No. 13 Draft Procurement Contract in a new wording.. 6