MUNICIPAL INFRASTRUCTURE PROGRAMME IN THE REPUBLIC OF TAJIKISTAN AND THE KYRGYZ REPUBLIC

PIU SUPPORT INCLUDING ENGINEERING, DESIGN AND CONTRACTS SUPERVISION CONSULTANCY FRAMEWORK

TERMS OF REFERENCE

1. BACKGROUND

The Republic of Tajikistan and the Kyrgyz Republic (together “the Countries”) face immense challenges in maintaining and improving their water, waste water and solid waste infrastructure. Due to substantial under-investment over the last 20 years, the infrastructure is dilapidated and funding needs for modernization are significant. In response to the above challenges the EBRD launched a tailor made Municipal Infrastructure Programme (the “Programme”) build on the Bank’s track record in supporting infrastructure reforms in the Countries, through small well designed projects combined with institutional support to utilities and local authorities, to support critical investments in smaller towns, which would be difficult to finance on a stand-alone basis. Each sub- project comprises a sovereign loan, on-lent to participating cities and companies, co-financed by a large portion of capital expenditure grant from international donors (“Donors”), or the Bank’s own resources. To date, the EBRD has signed 32 sub-project loans totaling EUR 113.3 million, and 20 sub-projects are at various stages of preparation.

Based on experience to date, it became evident, that selection of the implementation support consultants should be done in a more efficient way. It is important to ensure that implementation support consultants are mobilized by the time of loan signing to start rendering services and support the companies straight after. Therefore, the Bank is now considering the possibility to arrange for a packaged technical cooperation (“TC”) approach that would support the Programme co-financed sub-projects in the Countries in water and wastewater and solid waste sectors, and to launch a Project Implementation Unit Support (“PIU”) TC Framework (the “PIU TC Framework”). The PIU support is one of the key elements of technical cooperation under any investment to support the companies in all aspects of project implementation in accordance with the best practices and EBRD’s Procurement Policies and Rules (“PP&R”).

The beneficiaries of the PIU TC Framework are expected to be municipal water/wastewater, solid waste and district heating enterprises (each, the “Company” or the “Beneficiary”), wholly owned by the respective city or region (each, the “City”).

On this basis, the EBRD is now seeking to pre-shortlist up to eight framework consultancy firms (the “Consultants”) to be included into list of Preferred Suppliers separately for water and wastewater and solid waste sectors to support the Beneficiaries in implementing the below outlined tasks over the 2017-2021 period (the “Framework Assignment”).

The firms pre-shortlisted by EBRD will be eligible for the next stage of consultant selection – evaluation of proposals - to be managed by EBRD’s clients.

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The Preferred Supplier shortlist is expected to be refreshed every 1-2 years, depending on demand, to ensure a competitive approach is maintained.

The intent of these TORs is to provide a generic description of the required services.

A contract for specific assignments, issued to a winning Consultant following a request for proposals procedure in line with the PP&R, will determine the location of the Project and detailed scope of services for each of such specific assignment (the “Assignment”).

A copy of the project documentation, as well as all technical due diligence documents, will be made available to the Consultant.

The investments will be procured in accordance with the EBRD PP&R for Public Sector Projects. A Project Implementation Unit (“PIU”) will be formed in the Companies, with representatives from the Cities, which will manage all procurement, as well as installation, construction and implementation of the investments.

It is anticipated that the detailed design tasks will be carried out by a sub-contracted local design institute with guidance and quality control done by the Consultant.

2. OBJECTIVES

The overall objective of the Framework Assignment is to facilitate the timely and effective implementation of the Project by rendering assistance to the Company in the implementation of the Project, including design, all aspects of procurement and disbursement, and environmental and social (“E&S”) requirements, and in line with equality of opportunity principles.

With the involvement of the Consultant each Company will have access to the best practice in the implementation of the Project and procurement of works, as well as advice on specific technical issues including E&S requirements. The Consultant will provide assistance in procurement of works and goods completely in accordance with the procedures, specifications and documentation of the Bank and pursuant to all other agreements stipulated in the Loan Agreements signed between the Countries and EBRD.

3. SCOPE OF WORK

The Consultant shall perform the following main tasks:

1. Overall project management support as required;2. Design the works and prepare technical specifications for goods;3. Preparation of the prequalification, if any, and tender documents for procurement of

works and goods;4. Arrangement of the tendering procedure for works and goods, including evaluation of

tenders and drafting tender evaluation reports, when required using the EBRD Client e-procurement Portal (ECEPP);

5. Administration of contract implementation including, where appropriate, works supervision or assisting with works supervision; and,

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6. Arrangement of timely disbursements under the contracts.

3.1 Introduction

The Consultant shall support the PIU with the following tasks:

Assist the Company to establish a PIU (if relevant and not already covered by other related assignments), to train staff at utility level as required, including job descriptions, qualification of staff, annual staff appraisals, development and training on and off the job;

Review and monitor the Project Implementation Plan; Prepare conceptual/functional and/or detailed design documentation for works (in

accordance with the requirements of relevant national legislation) and prepare the Technical Specifications for goods;

Draft tender documents (including E&S requirements for contractors), carry out tender procedures, prepare evaluation report and contract, and submit the necessary documents to the EBRD, when requesting the issue of “no objection” as required;

Provide project management support to the PIU as required, including appropriate design and preparation of technical specifications; contract supervision and administration; implementation of the Environmental & Social Action Plan (“ESAP”) to enable compliance with the EBRD Performance Requirements (PRs)1, environmental and social management and monitoring plan, Stakeholder Engagement Plan (“SEP”) and preparation of annual environmental and social reports to the Bank;

Ensure that the PIU will arrange payments to the contractor, to whom payment has been certified, to ensure that all such payments are made in due time, and that appropriate control and record systems are in place to ensure compliance with financiers and the country reporting requirements;

Ensure that all reports required by the EBRD for implementation of the project and the loan are submitted on schedule; and

Prepare an integrated time schedule for progress meetings with the various parties; attend meetings together with the PIU to support the investment programme as a whole, seek response to reports, and discuss project issues on a regular basis with the PIU and other key people; prepare and circulate minutes of the meetings, including follow-up actions required to ensure progress.

3.2 Establishing the PIU structure (if required)

3.2.1 Identification of PIU staff needs at utility level The Consultant will identify job descriptions and key qualifications of PIU staff that are required for the Project.

3.2.2 Development of a training planThe Consultant will identify any training needs required at utility level (Company and PIU staff) for the Project. Appropriate training techniques, including both formal and informal techniques, will be identified. A training plan summarising the needs and training will be

1 EBRD PRs can be seen at:http://www.ebrd.com/cs/Satellite?c=Content&cid=1395238868749&d=Default&pagename=EBRD%2FContent%2FContentLayout

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drawn up. Following approval of this report by the Company, the Consultant will undertake the required training.

It is envisaged that training may be required in the following areas: procurement; project control and reporting; contracting; project accounting and disbursement; utility operations; EBRD Performance Requirements, ESAP and SEP implementation, environmental and social monitoring, and annual reporting on environmental and social issues. It is envisaged that training will include both formal training workshops and informal on the job training. The training will be designed to ensure that following the end of the assignment, the utility is able to fulfil its responsibilities without additional assistance.

3.2.3 Establishment of PIU operating procedures particular to the EBRD projectThe Consultant will establish PIU operating procedures and systems needed to manage the scope of the project. Where relevant the Consultant will develop, implement and documents any such systems. These systems include, inter alia:

A Project Procedures System, setting out the responsibilities, duties and authorities of the parties involved in the design and construction of the Project, together with all necessary procedures for communications, meetings, reporting, change control, quality control, etc. as are necessary for the efficient running and control of the Project. Corporate policies, plans and procedures for environmental management and protection, health and safety, human resources and equal opportunities. To this end, the consultant will:

o Review the issues and mitigation measures proposed under the Environmental and Social Analysis and Audit, SEP and ESAP and the environmental management practices currently in place to have a good understanding of the current issues;

o Develop an ESAP implementation plan specifying the responsible persons and where applicable, split each ESAP action into simple steps/tasks bound to a timeline.

A Financial Management System, which includes: (i) project accounting and budget management systems; (ii) procedures for payment to suppliers of services, goods and works2; (iv) management of a project and debt service reserve accounts and preparation of the appropriate documentation as required by EBRD; (v) systems for financial reporting to EBRD meeting reporting requirements specified in the EBRD loan agreement.

A Project Management System, by which all relevant parties are made aware and reminded regularly of the existence and timing of important milestones and events. This should include a Project Decision Matrix for all project stakeholders, showing the dates for all decisions and approvals over the forthcoming six months.

The Consultant will also prepare a Project Procedures Manual which documents all systems. The review and recommendations will be completed mid-way through the assignment.

3.3 Monitoring of the Project Implementation Plan

3.3.1 Establishing, reviewing and updating the Project Implementation Plan

2 If a Project is co-financed from an investment grant, this shall take into account any conditions precedent to disbursement specified in the relevant grant agreement.

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The Consultant, in consultation with the Company will establish, review and update the Project Implementation Plan (PIP) for the project acceptable for EBRD. The PIP will cover all aspects of project implementation, and will include, inter alia:

Project programme - a detailed Project programme (using appropriate presentation format: e.g. linked activity programmes, etc.) for completion of the whole Project - showing all activities and key events for design, approvals, construction, commissioning, completion, etc. In the process of developing this plan, the Consultant will verify that all planning, construction and operation approvals and permits have been identified; and that the project programme fits with city planning. ESAP, SEP, and environmental and social monitoring plan implementation shall also be included in the programme.

Project budget - a detailed cost budget as well as cash flow forecast for the whole Project including the implementation of the ESAP. The cash flow (disbursement) forecast shall be based on actual proposals of cost estimates / tenders, and shall be updated regularly based on the delivery schedules and work programmes in individual contracts.

Procurement - a procurement plan3. The Consultant, if necessary, will advise on the best contract approach.

Project risk matrix - A risk matrix outlining the key challenges and risks associated with the Project and the measures proposed to deal with them.

The Consultant will submit the updated PIP to the Company for approval.

3.3.2 Obtaining approvals for any changes to the plan in good timeFollowing approval of the PIP, the Consultant will closely monitor progress against the planned programme, budget and procurement plan. Where the Consultant and the PIU identify the need to change any aspect of the PIP, a request for approval, accompanied by a clear outline of the need for such a change, will be submitted to the Company. This will continue throughout the assignment.

3.3.3 Any other activitiesThe Consultant will ensure that ESAP, SEP, environmental and social monitoring plan and all other applicable environmental and social procedures required by the Bank and Donors are being adhered to and that the PIU is duly informed about them.

3.4 Preparation of Designs and Technical Specifications

3.4.1 Initial data collectionThe Consultant shall review available and collect missing initial technical data with regard to the contract to be implemented under the Project4.3.4.2 Development of Employer’s requirements

The designs shall be sufficiently detailed to allow the works to be procured and to enable an accurate cost estimate to be made. The designs shall provide such details as location, size, number, capacity, strength, equipment and works specifications. The design assumptions and criteria used to develop the designs shall be clearly documented. The Consultant shall notify

3 The procurement plan shall be in Bank’s format and shall be largely based on the plan prepared at Project approval stage. This plan and the template will be shared with the successful consultant.

4 Water/wastewater assignments may include development of a hydraulic model.

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the Bank about any material deviation from the Project Agreements as regards to the location, size, number, capacity, strength, equipment and works.

All design specifications shall be prepared in accordance with the requirements of national law and international standards, where appropriate. The Consultant will provide continuous supervision of the design works, as well as quality assurance. It is anticipated that the Consultant will sub-contract a local design institute. The local design institute will do the design and ensure that the final design meets the requirement of the local construction legislation.

The Consultant shall base his technical solutions on the best industrial practice and innovative solutions.

The Consultant shall prepare technical specifications and bill of quantities in accordance with the instructions and guidance included in the EBRD’s standard tender documents (STD) or ECEPP on-line module.

3.4.3 Obtaining of approvals by authoritiesThe Consultant shall obtain all necessary approvals and permits by authorities for design prepared by the Consultant, as appropriate. This may also include preparation of the national Environmental Impact Assessment (EIA) and public hearings in accordance with the regulatory requirements and EU EIA Directive and obtaining the approval for the EIA (when necessary)

3.5 Procurement Support

3.5.1 Monitoring of procurementThe Consultant will oversee all activities and ensure that all procurement is carried out in accordance with EBRD Procurement Policies and Rules.  3.5.2 Advice on procurement strategyThe Consultant will provide advice with respect to all aspects of the procurement strategy. This will include, inter alia: Forms of Contract, Interface Management, Optimum contracting timetable, Supervision Requirements selection of Dispute Resolution Procedure.

3.5.3 Support during the preparation of Tender Documents:The Consultant will support the PIU to prepare the tender documents, which will be based upon the EBRD Standard Tender Documents or ECEPP on-line modules for Procurement of Works, Goods and Supply and Installation. To this end, the Consultant will, inter alia:

Review available technical specifications and documentation Ensure that the technical specifications and EBRD’s E&S requirements, including

those in the ESAP, are converted into a form suitable for inclusion in Tender Documents and works contracts.

Advise on the possibilities for alternatives, cost savings value engineering opportunities etc and the treatment of these in the Tender documents.

Draft tender documents.

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3.5.4 Support during the procurement processThe Consultant will provide support to the PIU throughout the procurement process. To this end, the Consultant will, inter alia:

Draft and ensure that all procurement notices are placed in a timely manner in accordance with the EBRD Procurement Policies and Rules.

Ensure that all approvals and no-objections are applied for in a timely manner. Carry out the administration of the tender process, ensure that appropriate records

are kept, documentation is properly stored, recorded and managed, and confidentiality is maintained.

Prepare draft responses to Tender enquiries, arrange for approval and issue and record the same.

Arrange any data rooms, site meetings, information meetings or other pre-tender events, and record same.

If the procurement processes are managed via ECEPP the list above is not entirely applicable and the Consultant will also have to follow the guidelines and instructions enclosed in ECEPP. 3.5.5 Support during the evaluation processThe Consultant will take the lead in organising and managing the evaluation process. To this end, the Consultant will, inter alia:

Give guidance on the composition of the evaluation committee and to the committee as required.

Provide draft detailed technical evaluation report for the consideration of the committee. Compile the evaluation report in the required format, including all technical and financial analyses, records of consultation with external parties by the committee and clarifications requested and receive.

Arrange for meetings (including public opening meetings) of the evaluation committee, attend as an advisor and record these meetings, presenting the minutes for approval by the PIU Director.

Document the committee’s deliberations in relation to the evaluation report and compile the agreement there into the report prior to seeing all approvals.

Ensure that all queries and complaints are promptly attended to as appropriate and copy such inquiries as appropriate to the Bank.

If the procurement processes are managed via ECEPP the list above is not entirely applicable and the Consultant will also have to follow the guidelines and instructions enclosed in ECEPP.3.5.6 Support during contract finalisationThe Consultant will provide support to the PIU during contract finalisation. To this end, the Consultant will, inter alia:

Prepare a brief for the PIU indicating all the items to be resolved in the clarifications pre-contract, if any.

Attend pre-contract discussions, if any, and document the discussions, updating the contract documents s necessary and seeking all necessary approvals.

Advise on the validity of performance and other contract-related securities. Circulate the Contract as required by the relevant Rules.

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Notify unsuccessful Tenderers. Ensure that all queries and complaints are promptly attended to as appropriate and

copy such inquiries as appropriate to the Bank.

If the procurement processes are managed via ECEPP the list above is not entirely applicable and the Consultant will also have to follow the guidelines and instructions enclosed in ECEPP.

3.6 Coordination of Third Parties

3.6.1 Other ConsultantsThe Consultant will support the PIU to coordinate the work of all other consultants involved in the project. To this end, the Consultant will, inter alia:

Ensure that other consultants are provided with necessary documentation and other assistance, in order that they may meet the objectives of their assignments.

Work with the PIU to review and respond to any recommendations, where necessary submitting requests for amendment of the PIP.

3.6.2 Licensing Agents, regulators etcThe Consultant shall identify and advise the Company to initiate the procedures for any necessary local or republic licences, permits or other approvals, including but not limited to Site access, Building permits for permanent and temporary works as appropriate, licences. Where a contractor is responsible for obtaining specific licences or other authorisations, the Consultant shall facilitate the process. Furthermore, the Consultant will ensure that any on-going reporting requirements are met, and incorporated into the PIU procedures.

3.7 Support in ensuring compliance with the Finance Documents and other agreements

3.7.1 Conditions PrecedentThe Consultant will support the PIU to discharge the Conditions Precedent/effectiveness to the availability of funds. The Consultant shall also ensure that any conditions precedent to disbursements specified in the Finance Documents are met.

3.7.2 Covenants, Reps & WarrantiesThe Consultant will monitor and support the PIU and Company to meet all continuing, time dependant or repeating warranties and representations. The Consultant shall keep records to demonstrate the status of these. 3.7.3 Preparing disbursement requestsThe Consultant will train the PIU to prepare all disbursement requests and obtain the necessary authorised signatures and to submit these in good time in accordance with the Finance Documents and EBRD Disbursement Handbook for Public Sector Loans.

3.7.4 Project Accounts and AuditsThe Consultant shall support the Company to arrange for the preparation of Project Accounts at the time and in the form required in the Finance Documents, and arrange for audit and action any matters arising from audit in accordance with the Finance Documents. The

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Consultant shall include a monthly statement of the PIU’s expenditures and projection against its budget for the next six months in each progress report.

3.7.5 Reporting in accordance with the Finance DocumentsThe Consultant shall train the Company to meet all reporting requirements stipulated under the Finance Agreements and other Project Agreements. This will include regular reporting on any time-dependent covenants, Donors (co-financiers) reporting, implementation of any time or progress–dependant elements such as insurance policies, general progress reporting (programme, progress and financial status).

3.7.6 Environmental and Social MattersThe Consultant will ensure that all applicable environmental and social requirements of the Bank are being adhered to and that the PIU is duly informed about the requirements. This includes providing assistance to PIU in implementation of the Environmental and Social Action Plan (ESAP), environmental and social monitoring plan, Stakeholder Engagement Plan (SEP) and preparation of annual environmental and social reports to the Bank using the approved EBRD reporting format. The Consultant will also need to supervise and monitor the implementation of the ESAP by the Borrower and the contract conditions by the contractors.

3.8 Administration of supply contracts

The Consultant will perform the duties of the Project Manager or equivalent, as these may be attributable to, specified and/or implied by the contract, in accordance with the laws, technical standards and construction norms and rules. 

In order to do so the Consultant will inter alia: witness pre-shipment inspection, where applicable; carry out other inspections, when necessary and envisaged under the contracts; and witness/ participate in acceptance of delivered goods.

3.9 Supervision of the works contracts

The Consultant will perform the duties of the Engineer, according to FIDIC Conditions of Contract, for the supervision of works, as well as the laws, technical standards and construction norms and rules. 

In order to do so the Consultant will inter alia:

review and approve the working drawings prepared  by the Contractor; supervise the works and approve all materials, construction techniques and

workmanship on a day-to-day basis in accordance with the contract(s); provide expert advice on all aspects of the works undertaken, especially regarding

project supervision, measurement, contracts monitoring and quality control; ensure the proper programming, recording, measurement and accounting of the

works by means of contemporary management and measurement techniques; carry out monitoring of the project progress and promptly report to the Company

details of any aspect that may jeopardize the progress of the works, as well as any implications such aspects may have on the original time of completion or cost of the works, and the measures being (or to be) adopted to overcome such factors;

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approve the contractor’s work programmes and sources of construction materials and characteristics thereof;

approve adjustment of the constructions on the given location and instruct the contractors on these issues;

determining by measurement the value of the works in accordance with the Contracts documents;

issue Interim Certificates for interim payments to the PIU for approval and certifying quality, etc. and completion of all, or parts of, the works;

determine the value and time impact of variations, reviewing new rates proposed by the Contractor and making recommendations to the PIU for the acceptance (as appropriate) of revised rates and the issue of Variation Orders;

ensuring that environmental and social mitigation measures are implemented during construction and as permanent works are implemented as required by the ESAP;

ensuring that health and safety requirements (including on-site movements) are met and that the minimum disruption to operations is caused by the contract works as required by the ESAP;

facilitate arrangements between the Contractor and utility undertakers and owners of private apparatus sharing occupation of the worksite;

participate in the interim and final acceptance of works; agree the final measurement and payment on completion of contracts; verify “As-built” drawings supplied by the Contractor; advise the PIU on all matters related to the execution of the contract(s), including

settlement of the Contractor’s claims; prepare works maintenance programme; carry out maintenance inspection visits to each contract during the defects Liability

Period; carry out other inspections, when necessary and envisaged under the contracts.

The Consultant shall seek prior approval from the PIU before:

issuing any Variation Order with financial or time implications, except in an emergency situation when the approval of the PIU shall be obtained as soon as practicable;

sanctioning additional items, sums or costs; approving the sub-contracting of any part of the works; and approving any extension for the time(s) for completion.

See Annex 1 for more detailed description of tasks under supervision of the works contracts.

3.10 Arrangement of timely disbursement under the contracts

prepare or sum up cash flow forecast for the contract and the Project in a whole; assist with financial planning; verify the invoices and payment documents for all contracts; prepare disbursement applications according to EBRD requirements; assist with opening letters of credit, where appropriate.

3.11 Exit Strategy

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Three months before the end of the assignment, the Consultant will develop an exit strategy. This strategy will outline measures that need to be undertaken in order to ensure a smooth exit, and to ensure that the PIU is able to function without any additional support following the end of the assignment.

4. IMPLEMENTATION ARRANGEMENTS AND DELIVERABLES

Implementation Arrangements

The Framework Assignment will have a total duration of 4 years and is due to commence in Q3 2017, with a level of work allocated to the Consultant depending on the work levels and the success of the Consultant in winning the secondary competitions for specific individual assignments.

In each Assignment under PIU TC Framework, the Company will provide the Consultant’s team working space with necessary furniture and telephone connections. If the Consultants require more space than this it shall be the Consultant’s responsibility to provide it elsewhere at the Consultant’s own cost.

The Consultants shall be responsible for paying for all international telephone connections, office supplies, external printing.The Consultants shall pay for all local transportation required by the Consultant’s staff throughout the term of the Assignment.

The Consultants will report to the Company and the Bank on all aspects of the Assignment.

The City and the Company will designate a senior official to be the primary contact person with specific responsibility for assisting the Consultants and coordinating activities.

The Company will make available all of their records, plans, reports, designs and other documents as appropriate, but it will be the responsibility of the Consultants to translate these documents, if necessary.

The City and the Company will provide access to all of their facilities and employees for interviews and cooperation.

Selection of consultant and contract award for of individual assignments (Individual Assignments)

In accordance with the Bank’s Procurement Policies and Rules (PP&R), for each specific assignment over EUR 75,000, a secondary competition based on technical and financial criteria will be undertaken by the Beneficiary. The Consultants will be expected to respond to the Request for Proposal for each individual assignment within 3 weeks. The selection process for each specific Assignment is expected to be concluded within 6 weeks from the launch of the Request for Proposals documents. The timetable may be extended, depending on the complexity of the Assignment.

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The payment terms for all individual assignments under the PIU TC Framework will be standardised as follows:

- Implementation and Procurement Support (estimated at 50% of the total budget) – lump sum payments against deliverables;

- Contract supervision (estimated at 50%) – time based payments (quarterly in arrears).

Deliverables shall include, but not limited to the following:- Inception report, including Procurement Plan;- Project Implementation Plan;- Prequalification document(s), where applicable;- Tender documents (in accordance with the Procurement Plan);- Evaluation reports and draft contracts;- Quarterly reports;- Final report.

The exact deliverables and payment proportion and shall be agreed for each individual assignment under the PIU TC Framework during contract negotiations.

5. CONSULTANT PROFILE

The Consultant should ensure that appropriately qualified experts are available, as required, for each of the different tasks outlined above. It is expected that the assignment will be led by a qualified project manager with international experience in municipal water and wastewater / solid waste management sector and in implementing the key areas of this assignment, accompanied by both key and supporting experts.

The Consultant Team should comprise at least the following expertise, and some individuals may fulfil more than one role:

Category Qualification requirementsInternational Project Manager / Water and Wastewater / Solid Waste specialist

Project Manager (PM) with preferably 10 years of international and local previous professional experience in providing consultancy support in complex assignment of the similar nature and scale. PM is expected to be involved in all secondary assignments.

Local Project Manager / Water and Wastewater / Solid Waste specialist

Local Project Manager (PM) with preferably 5 years of previous professional experience in providing consultancy support in complex assignment of the similar nature and scale. Local PM is expected to be involved in all secondary assignments.

Key Senior International Water and Wastewater / Solid Waste Engineering Specialist (Design and Construction Supervision)

Expert with preferably 10 years of previous professional experience in providing of consultancy support in the municipal water and wastewater / solid waste sector in countries with comparable conditions to Countries or Central Asia (CA).

Key Senior Local Water and Wastewater / Solid Waste Engineering Specialists (Design

Experts with preferably 5 years of previous professional experience in providing of consultancy support in the municipal water and wastewater / solid waste sector in

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and Construction Supervision) Countries or CA.Key International IFI Procurement, Contracts, Disbursement Specialist

Expert with preferably 10 years or more of previous professional experience in construction contracts, and supply and installation of the equipment in similar projects gained in countries with comparable conditions to Countries or CA and have a good knowledge and practical experience of procedures and rules of procurement of international financial institutions, such as the World Bank, ADB or EBRD.

Key Local Finance/ Disbursement Specialist

Expert with five years or more of previous comparable professional experience in the administrative supervision and disbursement in similar assignments in Countries or CA.

Key Senior Environmental and Social Expert

Expert with preferably 10 years or more of previous professional experience in the successful implementation of comparable assignments and with demonstrated knowledge of the environmental and social standards of the EBRD or other comparable institutions.

Key Health and Safety Expert Expert with preferably 5 years of previous experience in the field of health and safety

Key Gender Expert Expert with preferably 5 years or more of previous professional experience in the successful implementation of comparable assignments and with demonstrated knowledge of the gender policy of comparable institutions.

6. RESOURCE AVAILABILITY

In case the Consultant is participating in more than one assignment, separate teams of experts shall be provided for each project demonstrating similar or greater experience in the sector. In case the same experts are proposed for more than one project, the Consultant shall demonstrate how the availability of such experts would be ensured.

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Attachment 1 – SUPERVISION OF THE WORKS CONTRACTS

a) Contract Supervision

The PIU will ask the Consultant to act as the Engineer, according to FIDIC Conditions of Contract, for the Supervision of Works.

b) Commencement of Work on Site

For all contracts the Consultant will have the following obligations:

˗ Upon Commencement of the Works, in accordance with the terms of the contracts, execute and deliver Commencement Certificates and obtain the countersignatures of the Contractors.

˗ If the Contractors do not receive possession of the site from time to time in accordance with the contracts, or if a Contractor does not receive a Commencement Certificate within any period stipulated in a contract, assess whether the Contractor is likely to suffer delay and/or incur extra cost and notify the Client accordingly.

c) Statutory Requirements

The Consultant will have the following obligations:

˗ Obtain a copy and keep a file of any applicable standards, rules or regulations of all the relevant authorities and public bodies and companies, whose property or rights are affected or may be affected in any way by the Project. Monitor and report to the Client on obtaining compliance with the specified consents by the Contractors.

˗ If required by the Contractors and permitted by the PIU, assist the Contractors in applications for detailed town planning consents, building by-law, building act, building and fire regulation approvals, EIA approvals and other environmental permits and all other statutory approvals and consents required.

˗ Assist in any negotiation with any owners, lessors, adjoining owners, public authorities, licensing authorities and others for the purchase by the PIU of the additional land under the Contract.

˗ Liaise as necessary with utility companies and other bodies, as appropriate, and assist in and co-ordinate such liaison as necessary.

˗ Draw up and maintain a schedule of all necessary statutory licences, permits and approvals necessary for the design, implementation and operation of the Project (the Schedule should identify the dates for submissions and approvals, and the person or persons responsible for making application for such licences, permits and approvals either on their own account or on behalf of the PIU or the Contractors). Check that such applications are made on time and assist in negotiations with other parties, as necessary from time to time.

˗ Coordinate with and assist the Client to ensure that all permits required are obtained on time.

d) Design Check (if relevant)

The Consultant will have the following obligations:

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˗ Assess the adequacy of the basic environmental data used for the design˗ Assess the applicability of the design basis established for the detailed design˗ Establish an independent computer model of the structures checks (if needed)˗ Check adequacy of the Contractors detailed design based upon own calculations and

evaluations˗ Obtain approval of the design from the technical controllers.

e) Approval of Design (if relevant)

For the design & build contracts, the Consultant will have the following obligations:

˗ Review and approve the Design Documents prepared - in the English and local language - by the Contractor and the specified consents in accordance with the Contract, in particular to ensure that such Design Documents are in accordance with the:

o Approved design;o Requirements of the contract and in particular the warranties given in the

contract.o Employer's requirements, Reference Design, and Technical Specifications;

˗ Assist the Client in obtaining the local design approvals by responsible bodies, if this is foreseen by local regulations and legislation;

˗ The Design Documents will comprise, but not be limited to, Drawings, Design Reports, Material Specifications, Test Reports, Construction Schedule and General Construction Method Statements.

˗ Receive the Design Documents from the Contractor, return within 30 days either with “no comments” or “minor comments” which do not require resubmission, or “specific comments” where the design is not in accordance with the contract. Where the Engineer has such specific comments, ensure that the Contractor returns his revised Design Documents for further comments within agreed time frames.

˗ Report to the Client on any non-compliance of the design likely to cause material delay or other adverse consequences.

˗ Receive copies in English and local language from the Contractors of such Design Documents submitted to the relevant authorities for their approval and of specified consents which have been obtained in accordance with the Contract.

˗ Receive copies in English and local language of the Final Design Documents incorporating comments arising from the design approval procedure and approve the Design in accordance with the Contract.

˗ At all times ensure that the Design Documents are commented upon and returned to the Contractor in accordance with the Design Submission Schedule and the Contract (normally within 30 days).

˗ Repeat the above process as necessary to ensure all the Design Documents are approved by the Engineer and Relevant Authorities and receives the Specified Consents.

f) Construction Risk Assessment

The Consultant will have the following obligations:

˗ Identification of hazards for the design and construction stages. This must comprise procedural risks, environmental and social risks, technical and quality risks, risk of

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cost overrun, risk of delays, risk to third parties, etc.˗ Assess the likelihood of these risks and the potential consequences˗ Identify possible mitigation measures and ˗ Proactively and continuously seek to manage and reduce/eliminate hazards/risks.

g) As-Built Drawings and Documentation

For all contracts the Consultant will have the following obligations:

˗ Upon completion, receive from the Contractors for approval copies of all As-Built Drawings - in the English and local language - of the Permanent Works as completed, and such other technical and design information and completion records relating to the said permanent works as specified in the Contract and as the Engineer or the Client may reasonably require.

h) Environmental and Social Matters

˗ The Consultant will ensure that all applicable environmental and social requirements of the Bank are being adhered to and that the PIU is duly informed about the requirements. This includes providing assistance to PIU in implementation of the Environmental and Social Action Plan (ESAP), environmental and social monitoring plan, Stakeholder Engagement Plan (SEP) and preparation of annual environmental and social reports to the Bank using the approved EBRD reporting format. The Consultant will also need to supervise and monitor the implementation of the ESAP by the Borrower and the contract conditions by the contractors.

i) Archaeological Remains

For all contracts, the Consultant will have the following obligations:

˗ Receive notice from the Contractors in the event of the discovery of any fossils, coins, articles of value or antiquity or other similar remains, dangerous dumpsites, hazardous contamination or munitions within the Site and advise the Client in relation to the steps to be taken in consequence thereof and the time and cost implications of such steps.

˗ Decide any extension of time and any additional payment to which the Contractor is entitled in accordance with the terms of the Contract as a result of discovery of any archaeological remains or dangerous dumpsites.

j) Health and Safety

Require the Contractors to prepare and implement a Construction Health and Safety Plan and where necessary, require the Contractors to provide and maintain at their own cost all lights, guards, fencing, warning signs and watching, for the protection of the Works or for the safety and convenience of the public or others.

k) Programming and Monitoring Progress

For all contracts, the Consultant will have the following obligations:

˗ Advise the Client on compliance by the Contractors with respect to sub-contracting,

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as specified in the Contracts.˗ Upon receipt of the contractors’ Programme, and within the time stipulated in the

FIDIC Conditions of Contract, notify the contractors, with a copy to the Client, whether the Programme complies with the Contract, and if not, in what respect does it not comply.

˗ Request the contractors to provide an expected monthly cash flow requirement.˗ Verify that the progress of the Works is in compliance with the Programme and

Milestone Schedule approved under the Contracts on behalf of the Client. Notify the Client as far as possible in advance of any possible failure to attain a Milestone by the applicable date or non-compliance with the Programme.

˗ Report on the Contractors’ control of the progress of the Works to ensure completion of the Works within the time established in accordance with the Contracts.

˗ If for any cause other than those listed in the Contracts, the rate of progress of the Works or any Section is at any time, in the consultant’s opinion, too slow to ensure the completion of the Works or any Section by the Completion Date, instruct the Contractors in accordance with the FIDIC Conditions of Contract in writing with a copy to the Client.

˗ Authorise any reasonable request by the Contractors to work outside agreed time windows (e.g. at night or on locally recognised holidays) to expedite progress so as to comply with the Completion Date for the Works or any Section.

˗ Receive from the Contractors due copies of formal quarterly and monthly Progress Reports, in accordance with the FIDIC Conditions of Contract, checking the same to ensure that they cover all relevant aspects of the Works and highlights actual or potential departures from the Programme or the Milestone, Payment or Design Submission Schedules and stating the proposed or necessary measures to be taken by the Contractors to overcome such departures; commenting on and supplementing as necessary such Progress Reports before forwarding them to the Client, and advising them of any necessary measures to be taken to achieve completion of each Section within the applicable Time for Completion.

˗ Convene formal monthly meetings (“Project Team Meetings”) with Project participants and other relevant parties. These meetings must have a formal agenda and minutes.

˗ Check the provision of all necessary insurance, performance securities and warranties and other relevant contract documentation.

l) Engineer’s Work Programme Report

In view of the above, within 28 days of issuance of the Engineer’s consent to the Contractors’ Work Programme, the Engineer will submit a report to the Client and the Employer (Engineer’s Work Programme Report), which will include:

a) Copy of the Contractors’ detailed cash-flow estimates, in monthly periods or in accordance with milestone based payment schedules, of all payments to which the Contractors will be entitled under the Contract;

b) Copy of the Contractors’ detailed Time Programme, showing the order in which the Contractors intends to carry out the Works, including general description of the methods which the Contractors intends to adopt, and of the major stages, in the execution of the Works and other information as may be deemed necessary and appropriate by the Engineer;

c) A supporting report which will include:

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˗ A list of critical path items and the related Contractors’ estimates of delivery periods, accompanied by the Engineer’s estimate of the latest delivery periods for each critical path item to warrant the completion in accordance with the Contract;

˗ For the manufacture of each main item of Plant and Materials, the name of the manufacturer, manufacture location and the expected dates of:

o Commencement of manufacture; o Contractors’ and/or the Engineer’s inspections and tests; ando Shipment and arrival at the Site;

˗ Materials and plant selected by the Engineer for inspections and tests, including an appropriate specification of the tests to be carried out and the associated arrangements;

˗ Names and particulars, including gender, of the Contractors’ representative and other superintendence personnel approved by the Engineer in accordance with the Contract;

˗ Names of subcontractors consented by the Engineer in accordance with the Contract and, for each subcontractor, the cost and quantity of the subcontracted Works; this section will include a brief justification for the Engineer’s consent;

˗ Copies of all notices, consents, approvals, certificates or determinations given or issued by the Engineer within the reported period; and

˗ Other information as may be required by the Client.

m) Contracts Monthly Progress Reports

The Engineer will prepare and submit to the Client monthly Progress Reports. The first Report will cover the period up to the end of the first calendar month following the Engineer’s Work Programme Report. Each monthly progress report will include:

a) Brief summary information about any events or circumstances which, in the Engineer’s opinion, may create sufficient grounds for any time, claim and/or cost overrun under a Contract and the Engineer’s recommendation of the measures being (or to be) adopted to overcome such events or circumstances and the contractual basis thereof;

b) Comparison in the form of a chart showing the Contractors’ original cumulative cash-flow estimate, in monthly periods, of all payments to which the Contractors will be entitled under the Contracts and the actual payments certified by the Engineer up to the end of the reporting period. In the event of the cumulative amount of the actual monthly payment certificates being lower than the Contractors’ estimates, the Engineer will accompany the chart with a supporting report and provide:- Details of any events or circumstances that have caused the discrepancy;- Assessment of the significance of such events or circumstances, including the

Engineer’s opinion on whether these may jeopardise the completion in accordance with the Contracts;

- Report on the measures being (or to be) adopted to overcome delays in respect of each event or circumstances and the contractual basis thereof;

c) Comparison of the actual percentage completion of delivery compared with the planned for each critical path item identified in the Engineer’s Work Programme Report; where any delivery is behind the Programme, the Engineer will comment on the likely consequences and state the remedial action being (or to be) taken;

d) Comparison of the actual percentage completion of delivery compared with the planned for each main item of Plant and Materials, if not included in the list of critical path items;

e) Information about the use of provisional sums and an appropriate justification thereof;

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f) Photographs showing the status of manufacture and of progress on the site;g) List of new quality assurance documents, reports on test results and certificates of

materials;h) Safety statistics, as provided by the contractors, including details of any major incidents

and activities (e.g., strikes, riots, demonstrations, media attention, etc) relating to workers, public, and environment;

i) List of all notices, consents, approvals, certificates or determinations given or issued by the Engineer within the reported period; and

j) Other information, as may be required by the Client.

n) Quality Control

˗ Develop a Quality Management Plan (QMP) for all aspects of the Project ˗ Require the contractors (and design consultants) to develop and adhere to a Project

specific Quality Assurance Manual.˗ Receive from the Contractors (and design consultants) the full particularised version

of their Quality Assurance Manual in English and local language; as soon as possible check and comment upon the same and, if necessary, request the Contractors to amend the same.

˗ Consultant to make Audit of the Contractors' and Sub-Consultants' QA implementation.

˗ Inform the Client if there are any difficulties in obtaining such a fully particularised Quality Assurance Manual in the form required by the Engineer. Carry out necessary oversight to ensure that the Contractors maintain an effective and sufficient quality assurance procedure for the Works and monitor its operation.

˗ Ensure that the contractors retain independent inspection companies acceptable to the Client, to undertake their own Quality Control (QC).

˗ Notify the Client if there is any failure of tests or inspection and if such failure is anticipated to cause delay to any Completion Date or other material adverse consequence; advice on further tests required and arrange that the Contractors carry out necessary rectification.

˗ Carry out oversight inspection of the work being executed by the Contractors to provide assurance as to the quality and standards of the materials and workmanship, and compliance with the specifications and drawings as included in the contracts, the Approved Design, the Detailed Drawings, the Method Statements, the Quality Assurance Manual and any agreed amendment thereto.

˗ At all reasonable times have access to the site and to workshops and places where materials or plant are being manufactured, fabricated or prepared for the Works.

˗ Verify that independent testing of the materials or plant to be supplied under the contracts as is required by the contracts has been or is to be carried out in accordance with such requirements at the expense of the Contractors.

˗ Agree with the Contractors procedures and times for inspecting, witnessing or testing any materials or plant as provided in the Quality Assurance Manual or the Contracts. Where notice of testing is required, give the Contractors not less than 72 hours notice of intention to carry out an inspection or attend tests.

˗ Agree practical procedures with the Contractors for giving notice for any examination by the Engineer, which may be required before the Contractors can cover up or put out of view any part of the Works. In accordance with such procedures, and the approved Quality Assurance Manual, examine where appropriate and check any part of the Works which is about to be covered or put out of view; notify and advise the

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Client if any material defects are discovered and monitor the remedying of same.˗ Request the Contractors to make available for review copies of all test results within a

reasonable time of the test being carried out.˗ Through oversight of the contractors operations, or through on-site inspection,

determine if any materials or plant are or are, likely to be, defective or otherwise not in accordance with the Contracts, and reject such materials or plant.

˗ Take into consideration any reasonable requirement by the PIU of inspection, testing of plant, goods or materials found to be defective pursuant to the contracts or where he has reasonable ground for suspecting the existence of a defect or defects. Carry out any such inspection and arrange such testing on behalf of the PIU in accordance with the contracts.

˗ Afford full opportunity for the PIU to ask for and to be present when examining and measuring any part of the Works which is about to be covered up or put out of view, and examining foundations before any part of the Works is placed thereon. Give reasonable prior notice to the PIU whenever such part of the works or foundations is ready for such examination.

˗ Carry out, when requested by the Client, such other inspections, supervision of testing on-site or procure the carrying out by the Contractors of such tests and supervise the same and carry out such other acceptance procedures or arrangements with the Relevant Authorities.

˗ Supervise factory inspections, all installation work at the sites and commissioning/testing of Project components, if required.

o) Site Management

˗ Attend site meetings and endeavour to ensure that at all times outstanding problems are settled in order to avoid any delay or extra expenditure (having regard, however, to the terms of the Contracts and the limitations on the authority of the Engineer referred to under these ToR).

˗ Keep track on all interfaces, attend interface co-ordination meetings and assure that all interfaces are properly managed and that interface problems are addressed and solved.

˗ Keep full and proper records of all meetings and discussions attended or conducted by the Engineer and make the same available for inspection by the Client forthwith on request.

˗ On request of the PIU, attend meetings to resolve differences of opinion on general or technical matters.

˗ Ensure that the Client receives timely notice of and is permitted to attend all site meetings and other meetings with the Contractors.

˗ Notify the Contractors if the Engineer objects to any person who has conducted himself as incompetent or negligent; notify and advise the Client if this is the case and agree on any action to be taken.

˗ Advise the Client on the general organisation of the Contractors’ resources at the Site, including management and programming systems, manpower, plant and equipment.

p) Payments and Accounts

The Consultant should carry out the duties of the Engineer in relation to payment of the Contractors’ Works in accordance with the Contracts:

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˗ Receive from the Contractors on a monthly basis invoices pursuant to the Contracts.˗ Upon receipt of the Contractors’ invoices, copy to the Client each such invoice and

give due consideration to any comments of the Client;˗ Check in accordance with the relevant provisions of the Contracts the Contractors’

invoices and resolve with the Contractors, where possible, any mistakes and queries which may arise in conjunction therewith; advise the Client of any adjustments considered necessary.

˗ Ascertain the amount to be certified in respect of the Contractors’ invoices pursuant to the Contracts. Within the times stipulated in the FIDIC Conditions of Contract, issue a certificate addressed to the Contractor and the Client specifying the aggregate amount payable by the Client to the Contractor.

˗ Certify any additional amounts due to a Contractor in respect of valid claims notified in accordance with the procedure set out in a Contract.

˗ Consider any invoices submitted by the Contractors pursuant to the Contracts and certify any additional sums which the Engineer is empowered to certify as due, provided always that the Contractors has supplied sufficient particulars to enable the Engineer to determine the amount due.

˗ Collate and prepare quarterly budgets showing sums anticipated to fall due from the PIU/Client to the Contractors, dates and amounts of invoices and certificates under the Contract and Milestones values expected to be achieved in the quarter and deliver the same to the Client forthwith.

˗ Fully comply with the procedure for disputed certificates set out in the Contracts. In particular, complete within two weeks any adjudication under the Contracts, which may be required. Forthwith carry out any correction or modification of any certificate or other action authorised by the Contracts whenever the Engineer considers it appropriate to do so.

˗ As required by the FIDIC Conditions of Contract, no later than fifty six (56) days after the date of issue of the last Performance Certificate, receive from the Contractors draft Final Payment Certificates pursuant to the Contracts. Within the times stipulated in the FIDIC Conditions of Contract after receipt of this draft Final Payment Certificate, work with the contractors to agree a Final Statement.

˗ Maintain Project accounts and prepare final Project accounts.

q) Delays and Claims

˗ Check that the Contractors continue to give the details and notices that are required under the Contracts relating to any delay and forward such details and notices to the Client.

˗ Notify the Client immediately if a Contractor fails to complete any Section within the applicable Completion Date or appears likely so to fail.

˗ Advise the Client on any difficulties that may arise generally in connection with the execution of the Works.

˗ Receive notice of the intention of a Contractor to claim any additional payment within the times stipulated in the FIDIC Conditions of Contract and adopt the stipulated process for claim resolution and notify the Client thereof.

˗ Upon the request of the Contractor, discuss the delay, the reasons therefore, determine and notify the Contractor of any extension of time and any amendments to any of the Milestone, Payment and Design Submission Schedules. Where the delay has been caused by any of the causes referred to in the Contracts or where an extension of time has been granted, consult with the Contractor on behalf of the Client, and send to

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the Client for its review, such revisions to the Programme, Milestone, Payment and Design Submission Schedules which the Contractor considers necessary in consequence of any such delay or extension of time.

˗ Work with the Client and the Contractor to set up the Dispute Adjudication Board, as required under the FIDIC Conditions of Contract, and follow up all requisite processes in addressing the Contractors or Clients claims.

˗ If necessary prepare a case for the application of Delay damages or a claim against the Performance Guarantee where a Contractor has failed to perform.

In addition to the above, in the event of receipt of a notice of claim from a Contractor, immediately thereafter, the Consultant will notify and copy the notice to the Client .

Promptly after receipt of any contractor’s claim, the Consultant will provide the Client with an assessment of the consultant’s preliminary conclusions with regard to the potential outcome of the claim. The Consultant will require the Contractor to copy to the Client all accounts sent to the Consultant with regard to the Contractor’s claim.

Prior to certification of any payment to a Contractor in relation to a Contractor’s claim, the consultant will have consulted with the Client on the grounds on which the consultant intends to certify the payment. The Consultant will provide the Client with any particulars to enable the Client to establish its position with regard to the Engineer’s certificate.

r) Completion and Defects Notification Period

˗ Within the terms and conditions stipulated within the FIDIC Conditions of Contract receive a request from a Contractor to issue a Taking-Over Certificate in respect of the Works.

˗ Within 21 days of receipt of such a request, inspect the Works with a representative of the PIU.

˗ Provided that the Client has confirmed that they have no objection to the Engineer so doing, issue immediately to the Contractor, with a copy to the said parties, a Taking-Over Certificate stating the date on which the Works were substantially completed in accordance with the Contract.

˗ Taking into account any comments of the said parties, give instruction in writing to a Contractor specifying all the work required to be done by the Contractor before the issuance of a Taking-Over Certificate; notify the Contractor of any defects in the Works affecting Completion that may appear after giving such instructions and before completion of the Works specified therein; provided that the Contractor has completed the Works so specified and remedied any defects so notified to the satisfaction of the Engineer and the Client, issue a Taking-Over Certificate within the period as prescribed in the FIDIC Conditions.

˗ Instruct a Contractor to search for defects and the cause thereof and to execute all such work of amendment, reconstruction, and remedying defects, shrinkage or other faults during the Defects Notification Period as prescribed within the FIDIC Conditions.

˗ Monitor generally the Contractors in performing their obligations during the Defects Notification Period. Prepare and issue a Performance Certificate, within the times and using procedures prescribed within the FIDIC Conditions.

˗ In the event that a Contractor refuses to carry out any rectification work, assist the Client in the employment of an alternative Contractor and in the recovery from the

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Contractor of the costs of employing the same where applicable.˗ Advice the Client of the value of any completed Section and of any further

information as may be necessary for calculating any adjustment in the amount of the Performance Security and any other bonds or securities procured by the Contractor to secure its obligations.

˗ Arrange for the return of any outstanding guarantees provided by Contractors, such as performance securities.

s) Variations

The Consultant will note that the Client is under obligation to seek the EBRD’s concurrence before agreeing to or implementing any material modification to the terms and conditions of any Contract. The term “material modification to the terms and conditions” will cover any variations, other than variations within 5 per cent of the original Contract price, provided that such variation or variations in aggregate will not increase or decrease the Contract Price by more than 10 per cent of the original price.

The Consultant will assist the Client to comply with the procedures agreed with the EBRD.

Unless, in the opinion of the Consultant, an emergency occurs affecting the safety of life or of the Works or of adjoining property, the Consultant will provide a preliminary report to the Client on any prospective variation, outlining the basis for the consultant’s valuation of the variation, including but not limited to the following:

˗ The consultant’s opinion on the extent, if any, of applicability to the varied Works of the rates and prices set out in the Contract; when expressing an opinion, the consultant will take into account the actual or expected currencies of cost (and the proportions thereof) of the inputs of the varied work without regard to the proportions of various currencies set out in the Contract;

˗ The quantity and the value of the varied Works that can be determined using the rates and prices set out in the Contracts;

˗ The quantity and the consultant’s estimate of the value of the varied Works, which can be determined using the rates and prices set out in the contract as the basis for valuation: the Consultant will provide a detailed breakdown of the rates and prices set out in the Contract and identify the price components that the Consultant used or intends to use for the valuation of the varied works;

˗ The quantity and the consultant’s estimate of the value of the varied Works, which can only be determined using the rates and prices agreed to be agreed upon between the Consultant and the Contractors. The consultant will provide to the Client with an appropriate justification of the basis for the agreement.

In case of a variation, the Consultant will follow the procedures and conditions stipulated within the FIDIC Conditions. However, in the event that the Client orders changes to the Approved Design, and if the compliance with such order has, in the opinion of the Engineer, materially delayed or is potentially likely to delay the Completion Date for the Works or any Section, determine the extension of time and the additional payment to which the Contractor will be entitled in accordance with the terms of the Contract.

t) Suspension

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If in the Consultant’s opinion, a suspension is required, the Consultant will initially consult with and seek the approval of the Client. After receiving their approval to issue a suspension, the Consultant will follow the procedures and conditions established in the FIDIC Conditions.

u) Default and Disputes

˗ Notify the Client immediately if a Contractor is failing to comply with its obligations under a Contract. Discuss with the Client possible remedies, and advise on the rights and obligations of the parties under the Contract.

˗ As soon as may be practicable after any entry and termination by the Client in accordance with a Contract, adopt the procedures and conditions stipulated in the FIDIC Conditions.

˗ If any urgent remedial work is necessary, act in accordance with the Contract, and otherwise advise the Client on carrying out the same by the Contractor or, if impossible to do so, discuss such failure with the Client.

˗ If any dispute or difference is referred to arbitration, assist the Client generally in respect of such arbitration provided always that the Engineer will not be required to act improperly or contrary to his obligations as the Engineer under the Contract.

˗ In the event of termination, provide advice and assistance in connection with the departure of a Contractor from the site and the assignment of the benefit of any agreement for the supply of goods, materials, services and/or execution of any works.

˗ Advise the Client of their rights upon the occurrence of any Force Majeure event.

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