ENGINEERING AND CONSTRUCTION REGULATIONS

STR 1.08.02:2002 Construction ActivitiesSecond Issue

Environmental Protection Ministry VILNIUS 2002

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1.SUBMISSION FOR APPROVAL - Construction and House Building Department under the Environmental Protection Ministry of the Republic of Lithuania. 2. APPROVED Order of the Environmental Protection Minister No. 211 dated April 30 2002. 3. Review Frequency Time Every 5 years. 4. Engineering Regulations First Review 2007.

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3 LIST OF CONTENTSClause 1. General Conditions Clause 2.References Clause 3. Terms and Definitions Clause 4. Ways to Construct Clause 5. Mandatory Document to Precede Constructing Clause 6. Mandatory Documents to be Provided for Constructing Clause 7. Procedure for Construction Activities Clause 8. Terminating Construction Activities Clause 9. Managing Construction Activities Clause 10. Surveillance to Be Provided in the course of Constructing STR 1.08.02:2002

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Clause 11. Designing Construction Procedure Activities to Be Done on Site

Clause12. Legal Status of Construction Site Manager and Managers of General and Special Construction Clause13. Nominating Construction Site Manager and Managers for General and Special Construction Activities on Site Clause14. Liabilities of Construction Site Manager and Managers for General and Special Construction Activities on Site Clause 15. Rights of Construction Site Manager and Managers for General and Special Construction Activities on Site

Clause 15. Rights of Construction Site Manager and Managers for General and Special Construction Activities on SiteClause 16. Competency (Qualification) Requirements Clause 17. Concluding Contracts

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Attachment 1

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4 I. GENERAL CONDITIONS 1.These Construction and Engineering Regulations (hereinafter Regulations) specify the requirements for constructing new buildings, upgrading, redecorating and pulling down construction facilities which are defined in the Lithuanian Construction Law (4.1) and in order to exercise liabilities of the Environmental Protection Ministry assumed from the Government of the Republic of Lithuania (4.2), the Regulations shall specify as follows: 1.1. When Construction Activities shall be performed to comply with the approved Construction Design developed by the Contractor to construct a facility (hereinafter Contractor); 1.2. The Procedure for Construction Activities to be procured in compliance with the Lithuanian Public Procurement Law, Construction Termination Activities for a structure being built in case of terminating any construction work (without any reference to termination cause); 1.3. The Legal Status of the Construction Structure Manager and Manager of Special Construction Structure Activities, Procedure to Nominate responsible people, their Liabilities, Rights and Responsibilities (4.1). 2. Construction Activity, Purpose To Construct (to install, to lay) something new, redecorate or demolish something old or present one. This definition also includes construction activities to be provided for estates valuable for culture and history or activities to construct facilities on their areas (4.1). 3. The Regulations shall be mandatory for everyone who is involved in constructing or in public administrating. They are mandatory for owners of communications lines (or their users) or for other legal or physical entities whose principles of activity in the area of constructing are defined in the Construction Law (4.1). II. REFERENCES 4. The references look as follows: 41. Construction Law of the Republic of Lithuania (Official Gazette Zinos, 1996, 32-788; 2001, 101-3597); 42. Statement of the Government of the Republic of Lithuania No. 280 dated 26 February 2002. ,,Implementing Construction Law of the Republic of Lithuania (Official Gazette Zinos, 2002, 22-819); 43. Public Procurement Law of the Government of Lithuania (Official Gazette Zinos, 1996, 842000; 1997, 117-3000; 1999, 56-1809, 86-2565; 2000, 7-177, 28-766); 44. Staff Health Care and Safety Law of the Republic of Lithuania (Official Gazette Zinos, 1993, 55- 1064; 2000, 95-2968, 99); 45. STR 1.01.07:2002 ,,Special Facilities (Official Gazette Zinos, 2002, No. 43-1639); 4

46. Order issued by the Construction and Urbanization Ministry of the Republic of Lithuania, No. 231 dated 14 October 1997 ,,Approving Construction Log Format (Official Gazette Zinos, 1997, No 98); 47. STR 1.07.02:1999 ,,Earthworks (Official Gazette Zinos., 1999, No. 79-2348); 48. STR 1.01.07:2002 ,,Construction Activities Permission; 49. STR 1.05.06:2002 ,,Designing Structures; 410.STR 1.01.05:2002 ,,Procedure to Assess Structures Fit for Service ; 411.STR 1.03.01:2000 ,,Certifying Construction Products (Official Gazette Zinos, 2000, No 8-214); 412.STR 1.09.04:2002, Structure Design Adherence Surveillance (Official Gazette Zinos. 2002, No 43-1638); 4.13.STR 1.09.05:2002,Structure Construction Technical Surveillance (Official Gazette Zinos. 2002, No 431638); 414.STR 1.09.06:2002 ,,Construction Activities Suspension. Eliminating Consequences due to Unauthorized Construction Activities; 415.STR 1.05.07:2002 ,,Code of Requirements for Designing Structures; 416.STR 1.02.06:2002 ,,Certifying Design, Construction and Audit Authorities; 417Order issued by the Minister of the Environmental Protection Ministry No. 376 dated July11 2001 ,,List of Standard Construction Products (Official Gazette Zinos, 2001, No 64-2364); 418.Order issued by the Minister of the Environmental Protection Ministry No. 242 dated June 15 2000. ,,Approving the Procedure for Certifying Construction Products (Z Official Gazette Zinos., 2000, No. 50-1452); 419.RSN 159-93 ,,Regulations to Terminate Constructing (Official Gazette Zinos, 1993, No 2098); 420.STR 1.02.01:2002 ,,Competency Requirements and Assessing Competency of Management Staff Involved in Main Areas of Constructing and Technical Activities and Site Planning; 4.21 Order issued by the Minister of Social Care and Labour Protection of the Republic of Lithuania and the Minister of the Environmental Protection Ministry No. 184/282 dated December 24 1998. , Approving Conditions for Furnishing Working Places on Construction Sites (Official Gazette Zinos. 1999, 7-155); 4.22. Civil Laws of the Republic of Lithuania (Official Gazette Zinos. 2000, No. 74-2262); 4.23.STR 1.01.07:2002,Simple (including Temporary) Structures (Official Gazette Zinos. No. 431639); 4.24. Lithuanian Law on Surveying Potentially Hazardous Facilities (Official Gazette Zinos.1996, No. 46-116; 2000, 89-2742); 4.25.Order issued by the Lead Labor Protection Inspector of the Republic of Lithuania, No. 346 dated December 22, 2000, Safety and Health Protection Rules for Construction Sites (Official Gazette Zinos. 2001, 3-74). 5.The law and legal act references given above in Official Gazette Zinos include amendments incorporated in legal acts and law published in the Official Gazette Zinos at least 10 days prior to the day the present Regulations are approved. The latest amendment data incorporated into legal acts can be read in ,,Zinos. If there is no data concerning any technical and construction regulations, it means that the specified technical regulations are under progress and will be put into action at the time these Regulations 5

will enter the force.

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III.MAIN TERMS AND DEFINITIONS 6. The main terms and their definitions applied in these Regulations comply with the terms and definitions specified in the Construction Law (4.1) and STR (Engineering and Construction Regulations) 1.01.02:2002 (4.20). IV. WAYS TO CONSTRUCT 7. The BUILDER (CUSTOMER) shall be entitled to opt for the way of constructing either contracting, or in-house or mixed (activities are carried out partially in the contracting way and partially in the in-house way), the way of managing the structure construction or any other ways which are not in conflict with law and other legal acts (4.1). 8. One who is entitled to be the Contractor if (4.1): 81. The Company has ID number in Lithuania and the Company Statutes define construction as a kind of business; 82. The Physical Entity who has been issued with the Construction Activities Permit under the procedure approved by the Lithuanian Government; 83. Foreign Company with certified papers issued by institutions of the holders country and which are accepted in the Republic of Lithuania in compliance with the Convention on Canceling Legalization of the papers issued in foreign countries (passed on 5 October 1961 in Gaage). 9 The Construction Authority with ID Lithuanian Number or a Foreign Construction Company as the holder of the certified paper permitting to perform the specified activities and issued by the Institution authorized by the Government. The company to construct nuclear facilities or structures is provided in compliance with the Nuclear Energy Law (4.1). 10. One who is entitled to manage construction structures (4.1): 101.The Company has ID number in Lithuania and its Company Statutes define construction as a kind of activity; 102.A Foreign Company with certified papers issued by institutions of the holders country and which are accepted in the Republic of Lithuania in compliance with the Convention on Canceling Legalization of the papers issued in foreign countries (passed on 5 October 1961, Gaaga).

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7 11. The Structure Construction Manager shall act on behalf of the Builder (Customer) and perform activities to comply with the construction and technical requirements with reference to construction and technical structure surveillance. The rights and liabilities of the Construction Structure Manager shall be specified under the Credence (Guarantee) Agreement (4.1.). 12. If the Construction Activities are performed under the contracting conditions, the Builder (Customer) shall be entitled to opt for the preferred contractors, construction site managers and suppliers (4.1). The options can look as follows: 121.Either at the Builders opt or under bidding condition (if not specified otherwise); 122.In compliance with the Public Procurement Law with reference to the specified construction activities the public procurement for which is mandatory (4.3). 13. If the construction activities are executed in the contracting way, the Builder (the Customer) and Contractor conclude a construction contract as specified in the Civil Law of the Republic of Lithuania (4.22). 14. If bids for procuring construction activities (construction activities and structure design activities are financed (partially or fully) from the funds of PHARE, ISPA, SAPARD or any other international fund) are performed to comply with the bidding requirements specified by FIDIC or any other special procurement procedures applied by international authorities, the construction contracts might be developed and concluded to comply with the FIDIC contract requirements or the requirements of other international authorities specified for construction work. The contract for construction work can be concluded in the same way in case the Builder (the Customer) and Contractor (or either of them) are legal or physical entity of a foreign country. 15. If the construction is executed in the in-house way, construction activities are performed without a contract and at the Builders (Customer) risk, involving only his labour powers, his facilities and his construction products. 16. The Builders (Customers) and the Contractors liabilities and rights are defined in the Construction Law (4.1), Civil Law (4.22) and other laws. 17. If the Builder (the Customer) is to implement constructing under the in-house conditions, he shall incur all Contractors liabilities, rights and responsibilities defined in the Construction Law (4.1), other laws, legal acts and engineering and construction regulations. The issue of the license shall not be required if the Builder (the Customer) is a physical entity (one who has higher or special construction, architectural or any other technical education as specified) and he is to build a simplified structure (4.23) for his or his familys needs (4.1). 8

8 V. MANDATORY DOCUMENTS TO BE PROVIDED TO PROCEED ACTION 18. The construction work shall only start after the Builder (the Customer) has received and then handed the Contractor (in case construction activities are performed under the contracting conditions) the following documents: 181.Construction Permit (Permission) (4.7);182.The Structure Design (4.9), which is developed and approved as specified (if it is mandatory) (if the contract condition defines it for that the Builder (the Customer)), or the Design to Identify Construction Activities for Cultural and Historical Valuable Estate. The Working Design can be provided as whole or partially to be submitted at different times within the Time Schedule approved by the Designer and Contractor. (4.9).

183.Construction Site Acceptance and Hand-Over Certificate (following the Contractors acceptance) attached with the specified enclosures (including as-built papers for preparation activities completed by the Builder (the Customer) prior to the day the Certificate is signed) with all comments on the activities completed (if any); 184.Design Conditions (4.15), copies of Requirements for Furnishing Temporary Structures (only for the time of construction) placed offsite and the Design Requirements to meet electricity, water, and communications needs raised at the time of construction (if they are not included in the Construction Project); 185.Construction Progress Log (4.6); 19. In case of building the simplified construction structures or parts of them or in case the minor redecorating of the structure, the requirements of Item 18 are nor applied at all or applied partially (4.1). 20. If the Builder (the Customer) charges the Contractor to develop the Construction Structure Design, the Contractor can: 201.Develop the Design on his own (4.9), if his Company Statutes include the architectural or engineering activity (performance) (4.1), and the Company has the Design Unit staffed with the Construction Manager and Managers of the Parts of the Construction Structure whose competency is assessed acceptable and specified; 202.Procure the Construction Design from the Main Designer (4.9). 21. Prior to earthworks in the limited secured areas equipped with engineering nets, communications lines and other facilities (on the construction site or next to it), the Contractor shall obtain the Earthworks Permit as specified in STR 1.07.02.1999 (4.7), invite in writing (by fax or telefax) the representatives of the Owners of the above specified facilities (indicating in the message the venue and the time of meeting). The representatives shall enter their requirements (or instructions) in the Construction Progress Log (4.6) or document it in any other way. 9

. VI. MANDATORY DOCUMENTS TO BE PROVIDED FOR CONSTRUCTION ACTIVITIES 22. The Construction Activities shall be executed to comply with (4.1): 221.Construction Structure Design (4.9), and the requirements specified in these Regulations based on the Contractors Performance Procedure on Construction Activities Design; 222.Law requirements, Governmental Acts, Area Outlay Papers, Technical Construction Standards, Safety Standards and Structure Applications (4.1); 223.Requirements which are forwarded by the administrative authorized people responsible for national (state) construction surveillance and requirements on safety and structure applications defined by the surveillance institutions (4.1); 224.Construction Rules which are approved by the specified Company and are issued with ID Serial Number from the Ministry of the Environmental Protection (4.1); 225.Instructions, which are issued by the Management responsible for the Construction Structure Surveillance (or Management responsible for the surveillance of some parts of the Structure) and Management responsible for technical surveillance (special and general) of the Structure. 23. Procedure for Construction Activities (from starting to structure acceptance for service), which is mandatory and provided in the Construction Progress Log (4.6). The Log also requires the entrances of all requirements and inspection findings submitted by the construction surveillance people (See. Clause ). 24. The Construction Progress Log template and the Log Completion Procedure are specified by the Institutions authorized by the Government (4.6). 25. The Procedure to Assess the construction structures are fit to be used and the other mandatory documents are defined in STR 1.11.01:2002 (4.10) (Technical and Construction Regulations). VII. PROCEDURE FOR CONSTRUCTION ACTIVITIES 26. The Structure (or a part) shall be designed and built from such construction items the properties of which shall ensure to maintain the required conditions of the Structure (or a part) for the specified and productive period of time from the economical point of view (4.1). The Structure (or part) shall be built or be being built, while the construction area shall be put into order in such a way that in the course of constructing and using of the built Structure, the living and working conditions of the third parties, which they had prior to construction commencement, could be changed only in compliance with engineering and construction standards and approved document on safety and Structure applications

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(4.1). 27. The Construction Commencement Day (which is entered in the Construction Progress Log) is the day: 271.Construction activities are performed on contract conditions: when the Contractor following the acceptance of the construction site from the Builder (the Customer), commences any kind of constructing; 272.Construction activities are performed in the in-house way: when the Builder (the Customer) commences any kind of constructing. 28. The Structure Completion Time (or a part) is the day when the Builder (the Customer) approves the Structure Acceptance Certificate under the procedure to accept the structure to be fit for service (4.10). 29. An entity of public administration responsible for national construction surveillance STR 1.09.06: 2002(4.14) is liable to suspend construction activities (or part) to comply with the approved procedure (specifying the cause for construction suspension or dismantling). 30. The entity of public administration responsible for national construction surveillance who has terminated the construction shall issue the Notice and specify how much construction work has been done so far (4.14). VIII. SUSPENDING CONSTRUCTING STRUCTURE 31. When construction work is suspended (except the cases when they appear to be impossible to continue) the Contractor shall inform the Builder (the Customer) of necessity to perform preservation work on the structure being built (4.1), (4.19). 32. When construction work to procure which we shall apply to Public Procurement Law (4.3) is suspended, it appears necessary to execute the following activities without any reference to the suspension causes to preserve the structure being built: 321.The Builder (the Customer) who has made decision to protect the structure shall approve the development of the design to protect the structure and work time schedule, nominate people to be responsible for protection and storage of the structure suspended by issuing an order or any instructing document (as specified in the Company Statutes). The design to protect the structure is recommended to be developed by the designer who has designed the specified structure; 322.The design to protect the structure being built shall be mandatory when construction work is to be suspended for a period more than 6 months or the case might raise a hazard that carrying structures might be damaged without any reference to the construction suspension cause.

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If construction work is simple, the Protection Activities Schedule rather than the present Structure Protection Design can be alternatively provided; 323. The Structure Protection Design shall specify activities, technical aids and estimate the means required to protect the structure, its elements and equipment from damage and ruining and environmental affects (until the construction work restart). The Structure Protection Design shall be developed to comply with the requirements which are applied to the requirement for developing the design for overall redecoration of the structure (4.9); 324.If the special structure or the structure included into the National Investment Programme is to be protected, the design to protect the structure shall be approved under the same procedure as the design of the above structure was approved (4.9); 325.The Builder (the Customer) shall be liable to perform the structure protection activities on his own or conclude the contract with the Contractor (alternatively one who is involved in constructing this structure or any other) to execute the specified activities; 326.The structure under protection shall be accepted from the Contractor based on the Certificate (Notice) to be signed by the Builder (the Customer), the Contractor and the entity of public administration who is responsible for national construction surveillance; 327.The Builder (the Customer) shall compensate from his own funds the costs to protect the structure and to look after the structure. The Builder (the Customer) shall compensate the above costs from the common funds provided for investments if the Procurement Law was applied to procure construction work for the specified structure. . I. MANAGING CONSTRUCTION ACTIVITIES 33. The managers who have been assessed under the approved procedure shall be liable to manage construction work (Enclosure No. 1, these Regulations) (4.1), (4.20): 33.1. The manager responsible for constructing the structure physical entity (person with higher construction, architectural or any other engineering education) whose competency has been procedurally assessed and who represents the Contractor (if the construction is executed under contracting terms) or the Builder (the Customer) (if the construction is executed on the in-house basis) shall develop the construction project for a period from the commencement to acceptance time when the structure is accepted fit for service. Moreover this manager shall manage general construction work, coordinate special construction activities and performance of managers responsible for the specified activities and be responsible for quality assurance of the structure to be built as his competency allows.

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12 The manager of special construction activities physical entity (person with higher construction, architectural or any other engineering education) whose competency has been procedurally assessed and who acts in favor of the Contractor (if the construction is executed under contracting terms) or the Builder (the Customer) (if the construction is executed on the in-house basis) and who is involved in the structure construction from the beginning up to the time the structure is accepted fit for service, shall manage the special construction works but shall report to the manager of the structure construction responsible for technical cases; 33.3.The manager of general construction works (if he does not manage the structure construction) physical entity (person with higher construction, architectural or any other engineering education) whose competency has been procedurally assessed (4.20), and who acting in favor of the Contractor (if the construction is executed under contracting terms) or the Builder (the Customer) (if the construction is executed on the in-house basis) constructs the structure from the beginning up to the time the structure is accepted fit for service, shall manage general construction work being technically under the construction structure manager and shall be responsible for quality assurance of the structure to be built in a scope his competence allows; 33.4.The people whose competency has not been assessed shall be liable also to manage the construction. The requirements to assess their competency are defined in STR1.01.07:2002 (4.23). 34. It is not required to nominate (recruit) the person to manage the structure construction if the structures or engineering structures as simple structures refer to Group 1 (4.1). 35. The Contractors obligations specified in laws, legal acts and engineering and construction regulations, which do not refer to competency area of the construction manager as defined in these Regulations shall be executed by the other Contractors people appointed under the company managers order or under other instructing documents (as specified in the Company Statutes) (4.1). 36. The Contractors company shall have the documents to be approved by the Company Manager. They are as follows: 361.Quality Assurance Documents on construction works that company executes; 362.Staff Competency Assessment Requirements (engineers, foremen, workers, etc..) (to be provided for specific positions and specific duties to be preformed). . STRUCTURE CONSTRUCTION SURVEILANCE 37. The structure construction surveillance shall include as follows:

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13 37.1 To survey how the design is adhered. This surveillance shall be performed by the structure construction surveillance manager and managers responsible for surveillance of some parts of the structure construction both of who are nominated by the designer (4.12); 372.The Engineering Surveillance of the structure is performed by the person responsible for engineering surveillance of the structure construction (or the manager of general engineering surveillance of the structure construction) and the managers responsible for general parts of the structure surveillance nominated by the Builder (the Customer) (4.13); 373.National construction surveillance shall be provided at every level as follows (4.1): 37.3.1.at the level of a region People of Regional Local Governor; 37.3.2.at the national level National Inspectorate for Site Planning to be provided for constructing and which is authorized to act in favor of the Governmental Institution; 37.3.3.Surveillance how the safety and structure application requirements are met shall be performed by the National Surveillance Institutions. 38. The national surveillance over nuclear facilities shall be executed to comply with the Nuclear Energy Law (4.1). 39. The national surveillance over construction, engineering and geodesic researches shall be provided by Regional Local Governors and the authorized Governmental Institution (4.1). 40. The national surveillance over constructing, engineering and geological, geotechnical and other researches in this area shall be performed by the Geological Department of Republic of Lithuania (4.1). 41. The manager of the contracting company shall issue either an order or any instructing document (as specified in the Company Statutes) and nominate the people to be responsible for surveillance whose responsibility is ensure that the managers responsible for constructing a structure provide safety at work, fire and environmental protection, the health protection conditions required at working places on both the sites and inside the building under construction as well as the protection and safety of the people living, working and moving towards or backwards from the site from danger which may arise in the course of to construction activities and also ensure that the living and working conditions of the third party people are not violated (4.1), (4.4), (4.25). I. PROCEDURE FOR CONSTRUCTION ACTIVITIES 42. The draft of the procedure for construction activities is a technical document, which specifies the requirements for constructing the specified structure from the point of a technological process and defines the facilities and methods required for executing the construction of the specified structure and also defines the specific aids and facilities to ensure staff safety (protection) and healthy conditions the

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(4.25).

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1443. The draft of the procedure for construction activities shall be developed for all structures except simple ones (4.23) or routine redecoration of the structure. The Contactor shall develop the draft of the procedure for construction activities on his own and shall instruct the Manager responsible for constructing the structure to do it.

44. To develop the draft of the procedure for construction activities it is necessary to apply to developments of the procedure and engineering design for construction (4.9) as well as to work safety and health protection guidelines approved for the area of construction DT5 00 (4.25). 45. The contents of the procedure for construction activities shall be specified with reference to a complexity of work to be provided, application of the specific structure, a piece of land. Generally the draft of the Procedure for Construction Activities shall include the drawings and documental solutions as follows:45.1. Construction Site Plan which shall show the existing and designing structures (including engineering networks and telephone communications), temporary structures to be used for the construction needs, places to store construction items and equipment;

452.sequence of construction activities to be performed and construction time schedules; 453.Step-by-Step Procedure for Construction Activities (cards) (4.25);454.Process documental solutions for construction activities to be performed in difficult conditions; protection from ground and surface waters, work to be performed on the area of the working and existing enterprise (4.25) (or any other object) or existing communications (roads, streets, railways and so on and their areas to be protected), valuable cultural estates important for historical inheritance (and their specified areas to be protected), and on the other areas and sections of third parties to be under protection as well as the earthworks to be performed in close proximity to the existing buildings, structures underneath water, ground and so on. II. LEGAL STATUS OF CONSTRUCTION SITE MANAGER AND MANAGERS OF GENERAL AND SPECIAL CONSTRUCTION ACTIVITIES TO BE PERFORMED ON SPECIFIED STRUCTURES

46. The positions of the manager of structure construction and managers of special and general construction activities shall be defined in the Construction Law (4.1) and these Construction Regulations. 47. The Contractor (if the construction is performed on the contracting terms), the Builder(the Customer) (if the construction is performed on in-house conditions) shall nominate the manager to construct the structure, managers of general and special construction work

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to be done at the structure (4.20), and shall define their obligations to comply with the Construction Law (4.1) and these Regulations.

48. The managers of general (if they are not managers of the structure to be built) and special construction works, experts and workers shall report to the manager of the structure under the construction. 49. The performance and responsibilities of the manager of the structure under the construction and managers of general and special construction activities shall be put into action from the time the people are appointed up to the time the structures are accepted fit for service (4.10), if not otherwise specified in the order or other instructing document (as specified in the Company Statutes) or an employment contract. 50. The Manager of the structure to be built shall sign the Structure Acceptance Certificates to certify that the structure has been built in compliance with the structure design, law, other legal acts, construction and engineering standards, safety standards and requirements for the structure application and for construction permits have been adhered, too. The entry number of his competence certificate shall be put down next to the signature. 51. The managers of the general or special construction activities to build the structure sign the Structure Acceptance Certificate to ensure that the structure has been built in compliance with the structure design the part of which refers to his authority, no deviations from laws or legal acts, construction and engineering standards, safety and application standards have been identified. The entry number of his competence certificate shall be put down next to the signature. 52. The Manager of the structure to be built shall sign the Structure Acceptance Certificates to ensure that the structure has been built in compliance with the structure design, law, other legal acts, construction and engineering standards, safety standards and requirements for the structure application and for construction permits have been adhered, too. The entry number of his competence certificate shall be put down next to the signature.

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III. NOMINATING CONSTRUCTION MANAGERS AND MANAGERS OF GENERAL AND SPECIAL CONSTRUCTION ACTIVITIES TO BUILD STRUCTURES

52. The Builder (the Customer) shall nominate the Contractor to build the structure, the entity to manage the structure construction, either due to his interest or the tender requirements (if otherwise not specified in the legal acts), the construction activities to procure which public procurement is mandatory, the responsible people are appointed to conform to the procedure defined in the Public Procurement Law (4.3). 53. Only the managers whose competence has been assessed under the approved procedure (managers of the structure to be built and managers of general and special construction activities to build the structure) shall be liable to manage construction activities (4.1), (4.20). 54. The manager of the structure to be built shall be nominated (recruited) as follows (4.1): 54.1. The Contractor if he is a legal entity shall issue an order or any instructing document (as specified in the Company Statutes) and nominate either one of his staff or recruit an external person to manage the construction or shall personally perform his duties if the Contractor is a physical entity in compliance with the contract concluded between the Builder (the Customer); 542.The Builder (the Customer) if he performs the Contractors duties or construct on the inhouse conditions; 543.Managers of general and special construction activities shall be recruited like the managers for structure construction. 55. The documents to recruit or nominate a manager for structure construction and managers for general and special construction activities shall define: 551.structure description, address of structure location, importance rate of the structure to be built, a sort of the structure (for managers of general and special construction work and special areas); 552.authorities of the manager to construct a structure and managers of general and special construction activities when he acts in favor of the Employer, namely, his rights, obligations and responsibilities. 56. The manager of the structure to be built whose competence has been successfully assessed can manage both the structure construction and special construction activities. (4.20). 57. In case the construction activities are performed under the different contracts (without concluding the general contract for constructing the structure) the Contractor shall

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nominate the structure construction manager or instruct one of the managers of general and special activities to perform these duties.

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IV. OBLIGATIONS OF CONSTRUCTION MANAGER AND MANAGERS OF GENERAL AND SPECIAL ACTIVITIES 58. The structure construction manager, managers of general and special construction activities shall adhere to laws, governmental statements, plan papers, construction and engineering standards, safety standards and standards on the structure application (4.1.). 59. The construction manager shall: 59.1. arrange and manage technically all construction activities in the scope of his competence and in compliance with these Regulations (directly or through his staff); 59.2 coordinate all special construction activities which are performed by the Contractor, by departments which perform special construction activities, and if the construction is performed by a group of contractors, he shall also coordinate all the construction activities they are involved in; 593.solve all construction issues which may rise and make decisions to comply with law, governmental statements, requirements defined in documents for planning territories, construction and engineering standards, safety standards and structure application; 594.accept from the person responsible for the construction engineering surveillance (manager of general construction engineering surveillance) (4.13) a section of the construction site to be handed over, and issue the Acceptance and Hand-Over Notes (Certificates) (attached with the other documents required); 595.indicate and fix geodesic coordinates, bench marks, red lines on the construction site and their locations; 596.indicate engineering networks and communications lines located on the site areas where the designed structure (or part) will be constructed; 597.schedules of engineering networks and communications lines located on the construction site (or parts); 598.copies of legal and technical documents to protect valuable cultural estates important as national inheritance, dismantled structures, protection of geodesic signage and other requirements (as specified for this area); 599.apply to the employer if the construction work procedure requires to be developed and arrange the development of the above procedure on behalf of the employer; 5910.communicate with the surveillance people (manager of general structure construction surveillance) (4.13) (and managers of relevant special construction activities) and issue requests to specify design requirements for the time of construction (if not specified prior to the structure design development) (4.13) to provide with electricity, water, services, to install off-site temporary structures (buildings, roads, excess routes, gates, roundabouts ways, lifting

cranes and so on); 5911.study the design of the structure and if he identifies that the design requirements are in conflict with the factual construction activities or due to other reasons they also cannot be met or in case of other discrepancies, he shall apply first to the surveillance person responsible for the structure construction or (if he permits directly) and then to the main designer and ask him to amend the design; to continuously monitor to ensure that the structure construction activities (including special activities) are performed in adequacy with quality required and design requirements (if required), construction permits, construction and engineering standards, safety standards and structure application (in case construction works are performed at the valuable cultural estates in compliance with standards defined for this area); 5913.issue the documents specified in the construction standards with reference to the building under construction (4.1), keep and complete them (4.6) and hand them over to the Builder (the Customer) (if these documents are lost, the Contractor shall restore them on his own costs); 5914.respond to the reasonable claims of the surveillance manager responsible for the structure design adherence (4.12), structure construction engineering surveillance (the manager of general structure construction engineering surveillance) (4.13) entities of public administration responsible for national construction surveillance and national surveillance institutions responsible for safety and structure application recorded in the Construction Progress Log (or any other document) and eliminate deviations identified in the course of quality assurance auditing; 5915.install a Site Notice Board next to construction site and place there information about the structure under construction excluding the cases the simple structures are constructed or route redecoration of the structure is performed (4.1); 5916.ensure safety at work, fire protection, environmental protection, and health protection required to be provided for the construction site and for the building under construction as well as to ensure that neighboring areas and their environment, valuable cultural estates important for historical inheritance, people who live, work, move in close vicinity to the construction site are protected from danger which might rise due to construction activities and ensure that the living conditions and performance of third parties are not disturbed (4.1); 5917.ensure that construction items (products) and equipment are accepted in a proper way and all the documents are checked to be compatible, stored and protected; 5918.terminate the structure construction (at the time that the Construction Termination Notice states), if the entity of the public local government responsible for national construction 21

surveillance instructs to do (4.14). Notify in writing the person responsible for the structure construction engineering surveillance (the manager of the structure construction general engineering surveillance) and the Builder (the Customer) and record the above notice in the Construction Progress Log, 5919.in cooperation with the Builder (the Customer) eliminate both the deviations recorded in the Construction Termination Notice and their consequences and agree in writing with the entity responsible for national surveillance to restart the construction (4.1); 5920.check and hand over the construction engineering surveillance responsible person (the manager of structure construction general engineering surveillance) (4.13) the carrying elements of the structure, hidden components of the structure, activities performed by relevant managers of special construction and managers of special engineering surveillance, surveillance manager responsible for design adherence procedure, surveillance managers responsible for relevant parts of the structure design (if required in the Design Adherence Surveillance Contract), and sign the Hand-Over and Acceptance Certificate;

19 5921.test the engineering networks and engineering lines and facilities installed by involving the managers of relevant construction special activities and managers responsible for special engineering surveillance (4.13), design adherence surveillance managers, managers responsible for parts of design adherence surveillance (4.12) (if specified in the Design Adherence Surveillance Contract), owners (users) of relevant engineering networks and, if required, representatives of other institutions; 5922.place an order for geodesic surveys of the structure built or engineering networks and communications lines installed and ensure that the surveys are performed in the proper way, that engineering networks and communications lines trenches are backfilled with soil only after the geodesic survey data are received; 5923. in cooperation with the person responsible for structure construction general engineering surveillance (the manager of structure construction general engineering surveillance) (on behalf of the relevant manager of structure construction engineering surveillance (4.13) obtain the agreement of test papers and documents required for facilities which are potentially hazardous from relevant institutions (as specified in construction and engineering standards approved for the specified areas) (4.24); 5924.issue the Work Completion Certificates (as specified in the Builders (the Customers) procedure) and submit them to the person responsible for structure construction general engineering surveillance (or the manager of structure construction general engineering surveillance) (4.13) for signing and by his request check if the scope of work stated in the Work Completion Certificates is adequate to the actual one; 5925.be involved in acceptance activities that the structures are fit for service, submit to the commission authorized to accept the structure to be fit for service the documents defined in the construction standards and sign the certificates to accept the structure fit for service (4.10); 5926. after the structure is accepted fit for service, the rest of the structure construction documents (which have not been submitted to the commission authorized to accept the structure fit for service) shall be handed over to the Builder (the Customer); 5927.be involved in the activities when the entities of public local administration 23

responsible for

structure construction national surveillance(4.1), national

surveillance institutions responsible for safety and structure application and check the structure construction or when accident causes and accident consequences are investigated (provide the required information, explanations, conditions for viewing the structure and construction documents);

20 5928.ensure that the staff of the public administration entity responsible for national construction surveillance and people authorized by the Builder (the Customer) and the Designer of the structure without any obstacles come to the sites, to the structures which are built (modified, repaired) or the structures which are dismantled (the existing flats) and all the necessary construction documents are provided on request of the above people (4.1); 5929.In case of accident one shall act as follows (4.1): 59.29.1.help the injured; 59.29.2.take emergency measures to prevent accident aftereffects; 59.29.3.fence the accident place from everything that might interfere with the investigation of the accident cause; 59.29.4.inform the Mayor of the Local Government (authorized Administrator or any staff of the Local Government), administration of the Regional Government of the accident if it occurs at the time of construction period and, if there are injured, inform the Builder (the Customer) and the entity responsible for structure construction engineering surveillance (the manager of structure construction general engineering surveillance) and the structure designer, law protection institution and Labor National Inspectorate. If the accident occurs inside the structure which relates to valuable cultural estate of national historical inheritance, the institution authorized to protect valuable cultural estate of national historical inheritance shall be notified. In case of accident the consequences from which might affect the environment the notice should be sent to the Ministry of Environmental Protection. In case of accident occurred on potentially hazardous facilities all the responsible entities and institutions defined in the Surveillance Law of Potentially Hazardous Facilities (4.24) and (4.1) shall be notified, too; 59.29.5.If accident is caused due to the potentially hazardous facility or due to the accident on the structure which has damaged the above facilities, the relevant national surveillance and surveillance institutions shall be notified and in case of accident of nuclear facilities additionally the National Nuclear Safety Inspectorate shall be notified (4.1); 59.29.6. describe the structure conditions and specify the places on the structure where changes are to be introduced; 5930.ensure that the Builders (the Customers) obligations defined in the contract (those to supervise which the Contracting party manager has appointed the Structure Manager to be responsible for all construction activities) are performed; 25

5931.The Structure Manager shall distribute the above obligations between him and managers responsible for general and special construction work who work in the team (unit) he manages and in compliance with the document approved by him;

5932.ensure that the managers of general and special construction work responsible for specific contractual work (without a conclusion of general contract to construct the structure up to the end) perform their functions (as specified in the contract) as follows: 59.321.in cooperation with the structure construction manager; 59.322.Independently and in compliance with the functions preliminary distributed and approved by the structure construction manager (after the contract requirements have been considered) or in compliance with instructions of the structure construction manager which are recorded in the Construction Progress Log.V. LIABILITIES OF STRUCTURE CONSTRUCTION MANAGER AND MANAGERS OF GENERAL AND SPECIAL CONSTRUCTION ACTIVITIES

60. The Structure Construction Manager shall be liable to (4.1): 601.represent the Employer (the Contractor, if the construction is performed on contracting terms) or the Builder (the Customer) (if the construction is performed on the in-house conditions) without the additional authorities to be provided (in compliance with competence specified in the contract) and be involved in solving all issues concerning the structure construction and negotiating it with the entity of Public Administration responsible for national structure construction surveillance as well as with the other legal and physical entities; 602.in the mandatory way instruct the managers responsible for special construction works and , if urgent, all responsible people involved in the construction (foremen, team leaders, workers and so); 603.waive the claims of the Builder (the Customer), the structure construction surveillance manager (managers responsible for partial surveillance), engineering surveillance managers (general and special), entities of public administration responsible for national construction surveillance, institutions responsible for safety and structure application, other legal and physical entities involved in constructing if their claims do not conform to legal acts requirements, standards, other legal statements 604.refuse to sign the statements issued by the Employer or surveillance institutions, their instructions or comments if they are incompliant with the standards required for the specified structure (requirements defined in construction standards, safety and structure application standards) and inform the Builder (the Customer) thereof in the written form recording the notice in the Construction Progress Log; 605.ignore the instructions of the Builder (the Customer), people responsible for national 27

surveillance, other legal and physical entities and refuse to sign their papers if the Employer has not delegated the structure construction manager with the authority to do that. 61. The liabilities of managers responsible for general and special construction work shall be adequate to the liabilities to which the structure construction manager responsible for special construction activities are entitled excluding the liabilities specified in Item 59.1 of these Regulations which he is authorized to exercise only on behalf of the structure construction manager.

VI. COMPETENCE REQUIREMENTS 62. The competence requirements to the structure construction manager and managers responsible for general and special construction activities are specified in STR 1.02.06:2002 (4.20). VII. CONCLUDING CONTRACTS 63. The civil responsibility of the Contractor shall be insured in the mandatory way without any reference to the design and construction funds, ownership pattern of the structure and legal status of the Contractor and the Builder (the Customer) (4.1) (except simple structures (4.23) and routine redecorations) (4.1). When legal or physical entities perform construction activities, it is not mandatory to get civil insurance (4.1). 64. If the Builder (the structure) does not conclude the contract on all construction activities required to build the structure but concludes the contract with different contractors who perform different construction activities, every contractor shall insure his civil responsibility in the individual way (4.1).

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23 65. The structure construction manager and managers for general and special construction activities shall be responsible for the structure in case it has destroyed or defects identified within the warranty period (the conditions specified in contracts and surveillance contracts). The structure warranty period shall be at least 5 years (starting from the day the structure is accepted fit for service), the warranty period for latent elements of the structure (constructions, pipes and so) shall be at least 10 years and if these elements have the latent defects intentionally installed into them the warranty period shall be at least 20 years (4.1). 66. The structure construction manager and managers responsible for general and special construction activities (in compliance with their duties) shall be responsible for the other negative consequences caused due to their deviations from the requirements specified in these Regulations and or when these Regulations are ignored. 67. The construction manager shall be responsible for the actions when his duties are performed either in the insufficient or unsatisfactory way (the duties which the Builder (the Customer) shall specify for him in the contract (4.1) under the procedure defined in Law. 68. The warranty period for construction items and equipment which do not refer to the requirements defined in Part 1 Article 4 of the Construction Law (except construction items and equipment which are installed in the latent elements of the structure) shall be defined in the papers issued by the Contractor (4.1). 69. The disputes which might rise between the construction manager and managers responsible for general and special construction activities shall be solved by the Employer under the procedure for dispute solving. 70. The disputes how to apply to these regulations shall be referred in the way defined in law.

24 STR.1.08.02:2002-11-18 ATTACHMENT 1 (mandatory) DESCRIPTION OF CONSTRUCTION ACTIVITIES 1. The construction activities shall be divided into: 1.1. general construction activities including: 1.11.earthworks (development of terrain, digging holes for foundations, trenches for engineering lines and their backfilling, digging pits, backfilling trenches to lay communication lines, digging channels and trenches and their reinforcement, excavation steep reinforcement, digging and backfilling to install dewatering systems and agricultural irrigation systems, making seabed and floor of internal water reservoirs deeper, backfilling dams and making the other earthworks of that kind); 1.12.activities to construct and install concrete, stone, metal, wood or any structures or elements of that kind, structure cladding and lining, activities of thermal insulation; 1.2. special construction activities: 1.21.mechanical activities (installation of water supply system in buildings and piping system for sewerage, systems for generating and supply heating, heating and ventilation systems for buildings, gas supply systems in buildings and external gas supply pipelines and all other similar activities);1.22.electrical and technical activities (with reference to supply, transformation, electricity distribution, lighting control, control systems, distance communications (telephone communications), security and fire alarm systems, and other activities of similar types).

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25 ORDERMINISTRY OF ENVIRONMENTAL PROTECTION

ORDER OF MINISTER OF ENVIRONMENTAL PROTECTION No. 211 dated 30 APRIL 2002 ,,TECHNICAL AND CONSTRUCTION REGULATIONS STR 1.08.02:2002,,CONSTRUCTION ACTIVITIES to be approved No. 469 dated 6 September 2002 Vilnius

With reference to Item 6.2, Guidelines of the Environmental Protection Ministry of the Republic of Lithuania ( Official Gazette Zinios, 1998, No 84-2353; 2002, No 20-766, No.60-2464), it is mandatory to amend the Engineering and Construction Regulations STR 1.08.02:2002 ,,Construction Activities (hereinafter as Regulations), approved by the order of the Minister of Environmental Protection of the Republic of Lithuania No. 211 dated 30 April 2002 ,,Approving Engineering and Construction Regulations STR 1.08.02:2002 ,,Construction Activities (Official Gazette Zinios., 2002, No. 54-2150): 1. Regulations, Sub-Item 4.5 now says as follows: ,,4.5. STR 1.01.06:2002 ,,Special Buildings (Official Gazette Zinios, 2002, No.431639);. 2. .Sub-Item 4.8: ,,4.8. STR 1.07.01:2002 ,,construction permit (permission) (Official Gazette Zinios, 2002, No.55-2203);. 3. Sub-Item 4.10: ,,4.10. STR 1.11.01:2002 ,,the procedure to accept structures fit for service (Official Gazette Zinios, 2002, No. 60-2475);. 4. .Regulations, Sub-Item 4.16 now says as follows: ,,4.16. STR 1.02.07:2002 ,,auditing structures, designing, construction, structure design (Official Gazette Zinios , 2002, No. 54-2148);. 5. Sub-Item 4.17: ,,4.17. the order of the Minister of the Environmental Protection No. 357 dated 4 July 2002 ,,Construction items to be controlled (the Official Gazette Zinios, 2002, No. 813507);. 6. Sub-Item 4.20:,,4.20. STR 1.02.06:2002 ,,Competency requirements and competence assessment of managers responsible for key construction areas of engineering and site planning ( Official Gazette Zinios, 2002,

54-2148);. 7. Sub-Item 6:

26 ,, 6. Main Terms and their Definitions of the Regulations are in compliance with the those defined in the Construction Law (4.1) and STR 1.02.06:2002 (4.20) terms and definitions,. 8. Item 11: ,,11. The construction manager shall act of behalf of the Builder (the Customer) and arrange work in the following main engineering and construction fields: construction activities and construction structure engineering surveillance. The rights and obligations of the construction manager shall be specified in the Credence Contract (4.1), which define specific areas if his performance: construction activities and the structure engineering surveillance, or either construction activities or structure engineering surveillance. 9. The first sentence in Item 23 of the Regulations says as follows:,,23. The construction work progress (from starting to acceptance of the structure to be fit for service) shall be recorded in the Construction Progress Log (4.6) which is to be mandatory.

10. Replace the word of the second sentence of Sub-Item 32.3 with the following ,,governing. 11. Replace the word in Sub-Item 32.6 ,,non-using with ,,non-used. 12. Replace the word in Sub-Item 32.7 ,,non-using with non-used. 13. Item 43 now says as follows: ,,43. The construction activities procedure shall be mandatory for the case of construction, modification or overall repair of special structures, structure placed in security restricted areas, structures placed in security restricted areas with reference to law and governmental acts, and when construction activities have to be performed in difficult conditions, on the area of the existing building (4.25) (or either object) or existing engineering networks and communications lines (4.1) and on the area, which third parties own, in case the earthworks are to be done in close vicinity to the structure to be built, underneath water or ground and so on. The draft of the construction activities procedure shall be developed by the Contractor or he can delegate it to the structure construction manager and ask him to do that. 14. Item 45 now says as follows: ,,45. The contents of the draft of the construction activities procedure shall depend upon the complexity of the specific structure or a plot. Generally the contents of the draft of the construction procedure shall be incorporated in Attachment 1. 15. Add the word structures to the name of Clause III and the amended name shall look now as follows:

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27 ,, III. NOMINATING STRUCTURE CONSTRUCTION MANAGER AND MANAGERS RESPONSIBLE FOR GENERAL AND SPECIAL CONSTRUCTION ACTIVITIES. 16. Sub-Item 55.1 says as follows:,,55.1. structure name, construction address, structure category (4.16), construction type (for managers responsible for special structure construction activities and area of special activities );.

17. Item 56 now says as follows: ,,56. The structure construction manager who has the proper qualification certificate can manage both the structure construction and special structure construction activities (4.20).. 18. The name of Clause IV now says as follows: ,, IV. OBLIGATIONS OF STRUCTURE CONSTRUCTION MANAGER AND MANAGERS RESPONSIBLE FOR GENERAL AND SPECIAL STRUCTURE CONSTRUCTION ACTIVITIES. 19. Extend the Regulations with Attachment 1 (attached). 20. In the computer system of the Ministry of Environmental Protection the key words should be construction, regulations.ENVIRONMENTAL PROTECTION MINISTER

ARUNAS KUDROTAS

_________________________ STR 1.08.02:2002 Attachment 3 (mandatory) (revised issue of the order of the Ministry of Environmental Protection No. 469 dated 2002-09-06) DESCRIPTION OF PROCEDURE FOR CONSTRUCTION ACTIVITIES GENERAL REQUIREMENTSThe Contractor (the Sub-Contractor) shall develop the procedure for construction activities prior to start of construction activities. To develop the specified procedure one shall apply to the structure design, technologies of technical design, construction and engineering regulations, construction rules defined for the specified structure and other standards which are valid. The procedure for construction activities shall specify the specific solutions to ensure safety and personnel health safety.

No references to safety and personnel health safety standards shall be considered as specific solutions. ERMS AND DEFINITIONS Production Procedure is a set of production operations to be performed in the course of construction and installation work. Production Operation is part of production procedure which cannot be productively split and is to be performed by one individual or a group of people. Diagram means a simplified solution indicated in relevant signs. Technological (Process) Diagram is a graphic description how the specific production process is to be performed and which show graphically boundaries of a working place, location of equipment and people, in which sequence they move, short description of production instructions and acceptable deviations, types of mechanisms and equipment, safety facilities and personnel health safety provisions. Technological Card is a technical document which describes the procedure for main and additional operations of construction work, equipment, operations, working time duration and limits, staff competences if required, quality insurance methods and means, safety and personnel health facilities. Hazardous Zone is an area where dangerous and/or hazardous conditions for life and health continuously lead or might lead to risk factors. Construction Site Plan is a graphic description of construction site with relevant signs which indicate existing structures and structures to be built (including engineering networks and communications lines), design technologies for construction activities and solutions on safety and personnel health protection issues. PROCEDURE FOR CONSTRUCTION ACTIVITIES 1. Generally the Performance Procedure for Construction Activities shall include as follows: 1.1. Explanatory Letter (Memo) which shall specify: 1.11.main engineering and economic indicators for constructing a structure; 1.12.analysis with reference to lifting cranes; 1.13.defining risky areas and their calculations;

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29 1.14.estimates for administrative, production, storehouses and storage facilities, types and their design technologies; 1.15.estimates for water consumption for construction operations, everyday needs, and design technologies;1.16.calculations for electricity consumption for construction operations, working place lighting, rooms and communications lines and their design technologies;

1.17.protective facilities from ground and surface waters; 1.18.production technologies (solutions) for activities to be performed in existing constructions; 1.19.production technologies (solutions) for activities to be performed on the areas on which there are culturally valuable estates; 1.110.production technologies for activities to be performed under water; 1.111.special conditions for activities to be performed in winter; 1.112.sling types, packages and containers to be used for lifting piece and granular stuff, concrete, motor and so on; 1.113.diagrams for items to be stocked (stored); 1.114. facilities and ways to enclose the construction site and hazardous areas; 1.115.Hazardous Work Schedule to be performed on the construction site; 1.116.safety signage for working places and personnel health protection, alarm and communications means; 1.117.fire protection equipment; 1.118.personal and collective protective facilities; 1.119.types of hoists, machines for earthworks; 1.120.types of scaffoldings, load carrying capacity and manufacturer. Methods and ways scaffolds are to be fixed to the structure; 1.121.calculations for non-scaffolds (non-manufactured) and the methods and ways to fix them to the structure; 1.122.types of false scaffoldings, stairs; 1.123.schedule of agreements obtained; 1.2. Diagram of the construction area with the following indices: 1.21.construction site boundaries and construction section; 1.22.existing structures and structure under construction as well as the structures close to them; 1.23.nearest streets and roads; 1.24.excess roads to come and go out of the site; 1.25.dominant wind direction and structure orientation with regard to polarities; 1.26.location lifting crane to be installed in and boundaries it moves along;

30 1.2.7. existing and temporary (for construction needs) engineering networks and their specifications; 1.3. Construction Site Plan which shall show: 1.31.boundaries of the construction site and construction section; 1.32.roads to come and go out of the construction site; 1.33.existing structures and structures under construction; 1.34.boundaries the lifting cranes move along; 1.35.limits of hazardous areas; 1.36.administrative, productive, room for everyday use and storehouses; 1.37.roads for vehicles, their profiles, parking lots and load platforms; 1.38.areas for storing construction items and stuff in the open air; 1.39.places for the hoists and scaffolds; 14. vertical cross-section of the structure with lifting cranes installed with the specifications as follows: 1.41.altitudes of the highest elements of the structure and other dimensions of the structure; 1.42.the longest overhang of the crane boom and the hook lifting height; 1.43.cross-sections of railways for tower cranes, distances from the railways to buildings under construction; 1.44. heaviest loads to be lifted; 1.45.load capacities of lifting cranes, boom overhang and hook height; 1.46.masses of lifting items (slings, bunker for concrete, boxes for motor, containers and crates for units and granular stuff, grippers and so on); 1.47.fragments which show crane working zones; 1.48.fragments which show enclosures for crane railways; 15. Construction Work Schedules which include as follows: 1.51.description of construction activities (construction site preparation, earthworks, foundations, columns, basement walls, etc.., .) incorporated parts of the structure (underneath the ground and above the ground, carrying structures, partitions for roof coverings, facing, engineering systems for the structure and so on), and the procedure how the activities are performed; 1.52.scope of construction work with reference to types (m3, m2, tons and others.); 1.53.labour input of construction work in working days; 1.54.dates the construction commences and finishes; 1.6. Production Cards for Construction Work which shall include: 1.61.description of production operations; 1.62.estimates for technical resources and labour costs;

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31 1.63.Charts which show quality assurance and major deviations which can be acceptable; 1.64.Workplace charts, which show the location of mechanisms and people and the direction they move; 1.65.Time schedules for production operations and which show their sequence and duration of the operations; 1.66.safety and health solutions and facilities to be used for collective and individual protection; 1.7. Production Charts might be incorporated parts of Production Cards or separate technical documents and are designed to describe how to perform production operations. They graphically shall show as follows: 1.71.working place boundaries; 1.72.placement of machines, mechanisms, people; 1.73.sequence in which the machines, mechanisms and people move; 1.74.short production instructions and acceptable deviations; 1.75.design technologies for safety and personnel health. 2. The design of the procedure for specific construction activities shall be developed within the period the construction activities or special construction activities are performed on existing structures in compliance with the contract. This Design shall include: 21. Explanatory Note; 22. Construction Site Plan (if required); 23. Time Schedule for Construction Activities; 24. Production Cards (Production Charts). 3. Parts of Production Design for specific construction activities, which are referred to in Sub-Items 1.1, 1.3, 1.5, 1.6 of these Regulations. In every case the contents of separate parts of the Production Design for construction activities shall be specified with reference to work types to be performed, their complexity and construction site conditions.

Translation from Russian into English

MINISTRY OF ENVIRONMENTAL PROTECTION OF REPUBLIC OF LITHUANIA ORDER AMENDMENTS TO BE INTRODUCED IN THE ORDER OF THE MINISTER OF ENVIRONMENTAL PROTECTION OF REPUBLIC OF LITHUANIA No. 211 dated 30 April 2002. ,,Technical and Construction Regulations STR 1.08.02:2002 ,,CONSTRUCTION ACTIVITIES to be approved No.126 dated 20 March 2003. Vilnius With reference to Item 11.5 Guidelines for the Ministry of Environmental Protection of the Republic of Lithuania (Official Gazette Zinios., 1998, No. 84-2353; 2002, No. 20-766), 1. It is mandatory to amend the Technical and Construction Regulations STR 1.08.02:2002 ,,Construction Activities, approved by the order of the Ministry of the Environmental Protection of the Republic of Lithuania No. 211 dated 30 April 2002. ,,Technical and Construction Regulations STR 1.08.02:2002 ,,Construction Activities to be approved (Official Gazette Zinios, 2002, 3 54-2150, No. 91-3907): 1.1.To amend Item 14 as follows: ,,14. If tenders for procuring construction works (financing construction works, designing a structure) are financed (partially or completely) from PHARE, ISPA, SAPARD or any other international funds, they shall be taken to comply with the tender requirements defined by the International Federation of Engineers and Consultants (FIDIC) (Attachment 2) or in compliance with the special procedures for procurement defined by the other international organizations. Construction Contracts shall be developed and concluded in compliance with the FIDIC or any other international institutions typical construction contract requirements. It is allowed to conclude the construction contracts based on the FIDIC typical construction contract requirements between the legal and physical entities. The FIDIC and other international institutions requirements for typical construction contracts shall be applied to ensure that the international contract obligations taken by the Republic of Lithuania including the requirements specified in the Civil Code of Laws, laws of the Republic of Lithuania, legal construction acts and other legal acts are taken into account. 1.2. To amend the Regulations and add the updated Attachment FIDIC Guidelines to be applied (attached). 2. The words ,reglamentas (Regulations), ,,statyba (construction) shall be the key words in the Information System of the Ministry of Environmental Protection.MINISTRY OF ENVIRONMENTAL PROTECTION

ARUNAS KUDROTAS

STR 1.08.02:2002 Attachment 2

FIDIC GUIDELINES TO BE APPLIED 1. To issue tenders: Tendering Procedure. Second Edition. 1994. 2. To issue construction contracts:

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2

21. Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer, First edition, 1999; 22. Conditions of Contract for Plant and Design-Build for Electrical and Mechanical plant, and for Building and Engineering Works, Designed by the Contractor, First edition. 1999; 23. Conditions of Contract for EPC/Turnkey Projects, First edition. 1999; 24. The Short Form of Contract. First edition. 1999; 25. The FIDIC Contracts Guide with Detailed Guidance on Using the First editions of FIDICS, First edition. 2000. _____________________

Translation from Russian into English

ORDER OF MINISTER OF ENVIRONMENTAL PROTECTION OF THE REPUBLIC OF LITHUANIA AMENDMENTS TO BE INTRODUCED IN ORDER OF THE MINISTER OF ENVIRONMENTAL PROTECTION OF THE REPUBLIC OF LITHUANIA No 211 dated 30 April 2002. ,, ENGINEERING AND CONSTRUCTION REGULATIONS STR 1.08.02:2002 ,,CONSTRUCTION ACTIVITIES TO BE APPROVED D1-387 dated 14 July 2004 . Vilnius With reference to Item 1.4 of the Statement of the Government of the Republic of Lithuania No. 280 dated 26 February 2002 ,, Construction Law of the Republic of Lithuania ( Official Gazette Zinios, 2002, No. 22-819), it is mandatory to amend the Engineering and Construction Regulations STR 1.08.02:2002 ,,Construction Activities (hereinafter as Regulations), approved by the Minister of the Environmental Protection of the Republic of Lithuania No. 211 dated 30 April 2002 ,,Approval of the Engineering and Construction Regulations STR 1.08.02:2002 ,,Construction Activities (Official Gazette Zinios, 2002, Nr. 54-2150): 11. Attachment 1 (mandatory) to the Regulations STR 1.08.02:2002 is now to be Attachment 3 to STR 1.08.02:2002; 12. The amended second sentence of Item 45 of the Regulations now shall say as follows: ,,The general description of the production design for construction work is provided in Attachment 3 to STR 1.08.02:2002.; 1.3. To add the following Attachment to the Regulations:Attachment 1 to STR 1.08.02:2002

DESCRIPTION OF CONSTRUCTION ACTIVITIES 1. The Construction Activities shall be divided into: 1.1. General Construction Activities: 1.11.earthworks (development of terrain, digging and backfilling holes for foundations, digging pits, trenches, filling of embankment; digging channels and ditches and their reinforcement; digging and backfilling activities to install dewatering systems and agricultural irrigation systems, deepening sea bed and floor of internal water reservoirs, filling of dams ); 1.12.constructing and installing construction structures (reinforced, concrete, metal, stone, wooden, etc..,); waterproofing; roofing, redecoration cladding works*; and the other similar activities; 1.2. special construction activities: 1.21.mechanical activities (piping internal and external water supply for a building, as well as discharging volume; generating and supplying heat, heating, ventilation and airconditioning, gas systems for buildings, technological pipelines to supply heat, gas, oil, starting-up and adjusting equipment, and the other similar activities); 1.22.electrical and engineering activities (supply, transforming, electricity distribution, lighting control, atomization, distance communications (telephone communications), alarm and fire alarm systems, starting-up and adjusting equipment, and the other similar activities).

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MINISTER OF ENVIRONMENTAL PROTECTION

ARUNAS KUDROTAS

_________________*- they are construction activities to be done at the end of construction: floor installation, final development of the floor (grinding, lacquer coating, carpet and other floor covering), installing windows and doors, plastering, painting, wallpapering, surface tiling, installing facades, partitions, ceilings, floor plates, warming partitions, painting process pipelines and equipment and other final construction activities.

4 -0025-81 Translation from Russian into English

MINISTER OF ENVIRONMENTAL PROTECTION ORDER 5. AMENDMENTS TO BE INTRODUCED INTO THE ORDER OF THE MINISTER OF ENVIRONMENTAL PROTECTION No. 211 dated 30 April 2002 AUTHORIZATION OF ENGINEERING AND CONSTRUCTION REGULATIONS STR 1.08.02:2002 ,,CONSTRUCTION ACTIVITIES No D1-371 dated 15 July 2005 Vilnius With reference to Part 5 Article 8 of the Lithuanian Construction Law (Official Gazette Zinios, 1996, No. 32-788, 2001, No. 101-3579; 2004, No. 73-2545) and Item 1.2 of the Legal Statement of the Republic of Lithuania No. 280 dated 26 February 2002 ,,Application of the Construction Law of the Republic of Lithuania (Official Gazette Zinios, 2002, Nr. 22-819), It is mandatory to amend the Technical Construction Regulations STR 1.08.02:2002 ,,Construction Activities (hereinafter Regulations), approved by the order of the Minister of the Environmental Protection of the Republic of Lithuania No. 211 dated 30 April 2002 ,Authorization of the Engineering and Construction Regulations ,,Construction Activities (Official Gazette Zinios, 2002, No. 54-2150): 1. The amended Sub-Item 4.3 now says as follows: ,,4.3. Procurement Law of the Republic of Lithuania (Official Gazette Zinios, 1996, No. 84-2000; 1999, No. 56- 1809; 2002, No. 118-5296;. 2. The amended Sub-Item 4.4 now says as follows: ,,4.4. Personnel Health and Safety Law of the Republic of Lithuania (Official Gazette Zinios, 2003, No. 70- 3170);. 3. The amended Sub-Item 4.9 now says as follows: ,,4.9. The Engineering and Construction Regulations STR 1.05.06:2005 ,,Designing a Structure (Official Gazette Zinios, 2005, No. 4-80);. 4. The amended Sub-Item 4.11 now says as follows: ,,4.11. The Engineering and Construction Activities STR 1.01.01.04:2002 ,,Construction Activities. Assessment of Conformity and Definitions CE (Official Gazette Zinios, 2002, No. 54-2140);. 5. The amended Sub-Item 4.14 now says as follows: ,,4.14. The Engineering and Construction Regulations STR 1.09.06:2002 ,,Suspending Construction. Eliminating Consequences due to Unauthorized Construction Activities (the Official Gazette Zinios, 2002, No 55- 2201);. 6. The amended Sub-Item 4.15 now says as follows: ,,4.15. The Engineering and Construction Regulations STR 1.05.07:2002 ,,Package of Design Requirements (the Official Gazette Zinios, 2002, No. 54-2153);. 7. The amended Sub-Item 4.16 now says as follows: ,,4.16. The Engineering and Construction Regulations STR 1.02.07:2004 ,,Procedure to obtain the permission to design the structure, to be the construction contractor, to manage designing or constructing, to audit the design or the structure. The Lithuanian requirements for accepting the documents submitted by physical entities, legal entities, other foreign authorities issued in foreign 43

countries and which confirm the permission to do business in the main construction and technical areas in the country of origin ( Official Gazette Zinios, 2004, No. 157-5739); 8. The amended Sub-Item 4.17 now says as follows: ,,4.17. Order of the Minister of the Environmental Protection No. D1-160 dated 31 March 2004 ,,Construction Products to Be Controlled (Official Gazette Zinios, 2004, No. 55-1919);. 9. The amended Sub-Item 4.20 now says as follows: ,,4.20. The Engineering and Construction Regulations STR 1.02.06:2005 ,,Procedure to Obtain Permission (rights) to Manage Main Engineering Activities in the Construction Area. Regulations for Accepting Diplomas of Civil Engineers Obtained in Foreign Countries (in., 2005, No. 802914);. 10. The amended Sub-Item 18.5 now says as follows: ,,18.5. Construction Progress Log (see. Attachment 4 to STR 1.8.02:2002). The Construction Progress Log shall be kept within the construction period for the structure to construct which it is required to obtain construction permission regardless the way the structure is to be built (either under the contract or in-house terms). 11. The amended Sub-Item 21 now says as follows: ,,21. Prior to earthworks to be done in monitoring zones with engineering networks, communications and other objects (on the site or in close proximity to it), the Contractor shall obtain permission for earthworks, invite in writing (by telephone or telefax) the owners or users of the specified objects (specify venue and time) in compliance with the procedure defined in STR 1.07.02:1999 [4.7]. The above representatives shall record their requirements (instructions) in the Construction Progress Log (see Attachment 4 to the Regulations) or issue the documents to specify them. 12. The amended Item 23 now says as follows: ,,23. The construction progress (from the time the construction starts up to the time the structure is accepted fit for service) shall be recorded in the Construction Progress Log (see. Attachment 4 to the Regulations). The data obtained from all inspections completed by all representatives of the authorities responsible for the structure surveillance and their requirements shall be also recorded in the Construction Progress Log (see. Clause X). 13. The amended Sub-Item 59.13 now says as follows: ,,59.13. to issue construction documents specified in construction standards [4.1], complete them, store and hand-over to the Builder (the Customer) (if these documents are lost, the Contractor shall restore them at his own costs);. 14. To add Attachment 4 Construction Progress Log to the Regulations (attached). 15. The following items shall be invalid: 46. Sub-Items 4.6, 4.18, Item 5 and Item 57. 47. Order of the Ministry of the Environmental Protection of the Republic of Lithuania No. 571 dated 31 October 2002 ,,Construction Progress Log Template (in., No. 110-4874).MINISTRY OF ENVIRONMENTAL PROTECTION

ARUNAS KUDROTAS

APPROVED Order of the Ministry of Environmental Protection of the Republic of Lithuania No. 211 dated 30 April 2002 (revision of the order of the Ministry of the Environmental Protection of the Republic of Lithuania No. D1-371 dated 15 July 2005)

STR 1.08.02:2002 Attachment 4

APPROVED by Order No. 211 of the Minister of Environment of the Republic of Lithuania of 30 April 2002 (wording of Order No. D1-371 of the Minister of Environment of the Republic of Lithuania of 15 July 2005) STR 1.08.02:2002 Annex 4LOG OF CONSTRUCTION WORKS NO. ________

________________________________________________________________________________ _______ (name and address of the building) ________________________________________________________________________________ _______ ________________________________________________________________________________ _______ The building _______________________________________________ to the category of special structures. (belongs, does not belong) Type of construction ____________________________________________________________ (new construction, renovation, repairs, demolition) Area of construction works* ______________________________________________________ (general or specialised construction works) Constructor (Customer) (company name and code or individuals name and address) ________________________________________________________________________________ _______ Contractor ______________________________________________________________________________ (company name and code or individuals name and address) ________________________________________________________________________________ ______

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Subcontractor* __________________________________________________________________________ (company name and code or individuals name and address) ________________________________________________________________________________ _______ The constructor (customer) submitted and the contractor accepted this log on ____ ______________ 20____. The contractor submitted and the subcontractor accepted* this log on ____ ______________ 20____. Constructor (Customer) _____________________________________________ (name, signature, seal) Contractor _______________________________________________________ (name, signature, seal) Subcontractor* ____________________________________________________ (name, signature, seal) This log contains __________ pages.

* Filled in when submitting the log of construction works to the subcontractor.

DESCRIPTION OF THE PROCEDURE FOR FILLING IN THE LOG OF CONSTRUCTION WORKS GENERAL PROVISIONS

1. The log of construction works (hereinafter referred to as the Log) is a mandatory document of performance of construction works describing the course of construction works of the building, quality of construction works completed and transfer of individual works to the constructor (customer). The Log is to be filled in when building new buildings, renovating, performing capital repairs and pulling down existing buildings whose construction requires construction permits [4.8] taking no account of how (by self-dependent or contract means) the buildings are built. 2. The Log No. 1 is key. The contractor is responsible for its completion and storage. Other Logs are deemed additional and are numbered chronologically (No. 2, No. 3, etc.). The form of all additional logs is the same as that of the main Log. Additional Logs are completed in the following cases: 2.1. where the main Log does not contain a sufficient number of printed forms; 2.2. where the scope of construction works performed by subcontractor is large and thus it is purposeful to complete additional Logs for some (or all) subcontractors. In this case subcontractors are responsible for completion and storage of additional Logs. If printed forms in the Log of the subcontractor are insufficient, an additional Log may also be filled in. 3. The Log is filled in to document the following: compliance of individual construction

works and construction products used with the building design project and construction regulatory documents; changes to the building design project made during construction; conclusions of the construction manager, the general construction maintenance manager and the project performance control manager on quality of completed construction works and construction products used, performance of state construction control and building safety and purpose requirements as directed by representatives of state control institutions during construction. The Log is filled in from the commencement of construction until completion of the works listed in the construction permit and submitted to the commission of recognition of the building as suitable for use together with other documents confirming the completion of the construction works and the required quality thereof. 4. In the cases of building deformations during the building construction or operation and other deviations from the project or where the building is deemed to be in critical condition or in the case of collapse, in the Log a comprehensive description of the course of construction and construction products used makes it possible to identify the time of emergence of defects (during construction or operation), reasons (design, construction or operation mistakes) and guilty persons. 5. Pages of the Log must be bound together and numbered. The constructor (customer) must certify the binder with the signature of the companys manager and seal or signature if it is an individual. The title page of the Log indicates the number of pages contained therein. LOG COMPLETION 6. Having filled in the title page and Form F-1 the constructor (customer) submits the main and additional Logs (where necessary) to the contractor. 7. The contractor submits additional Logs to subcontractors. The fact of submission is registered by the subcontractors signature and seal on the title page of the Log and in Form F-6 of the main Log. 8. When the contractor renews the main Log, the additional Log is registered in Form F-6 of the Log. 9. When the subcontractor renews the Log, the additional Log is registered: 9.1. in Form F-6 of the main Log; 9.2. in Form F-6 of the renewed Log; 9.3. by signature and seal of the subcontractor on the title page of the additional Log. 10. The main Log is filled in by: 10.1. the construction manager appointed by the contractor where construction is carried out without hiring subcontractors; 10.2. the construction manager appointed by the contractor and general or specialised construction works managers appointed by subcontractors where the scale of construction is small and there is no need to fill in additional Logs. 11. If only the main Log is filled in, the construction manager appointed by the contractor is responsible for storage thereof. They must present the instructions of the Log completion to all managers appointed by subcontractors who will have to fill it in. Where additional Logs are filled in, general or specialised construction works managers appointed by subcontractors are responsible for storage thereof. 12. When construction is carried out by the self-dependent method, the main and additional Logs are filled in and stored by the construction manager and general and specialised construction works managers appointed by the constructor (customer). 13. Log entries on completed works are recorded at the end of every day (shift). 14. Persons entitled to control the construction (general construction and specialised

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construction supervision managers, building design or partial supervision managers, representatives of state control institutions supervising compliance with state construction control and construction safety and purpose requirements) must enter their comments or directions in relevant forms of the Log. 15. The constructors (customers) representative (general construct