MSIP - TERMS OF REFERENCE - CONSULTING SERVICES – FIRMS SELECTION - KMARAS C1

İhale Yayını Başlangıç-Bitiş Tarihi: 11/08/2020 - 02/09/2020

Terms of Reference for KMARAS C1

Consultancy Services for Kahramanmaraş Northern Districts Integrated Solid Waste, Elbistan Water Transmission Line & Water Network Projects

1. Background:

Following the protracted political crisis across in Syria, Turkey has become the largest refugee hosting country, serving as a transit hub and a reception country for irregular migrants and refugees from the region.[1] With almost 3.9 million refugees, more than 3.6 million are registered Syrian refugees under temporary protection (SUTP). Only a small share (approximately 10 percent) resides in camps, while the rest (90 percent) live outside camps, mostly in urban areas. Municipalities are among the primary responders in addressing the impact of the Syria crisis, and they have played an essential part in the development of more resilient capacities able to respond to the increase in demand for services.[2] The refugee crisis has resulted in a substantial increase in the population of many municipalities across Turkey, especially in the South Eastern region as well as a number of other provinces across the country.

Given the strain that the refugee influx has generated on water, wastewater and solid waste services, the Government of Turkey has requested grant financing in the amount of EUR 139,812,400 from the European Development Fund (EDF) under the Municipal Infrastructure Window of the Facilities for Refugees in Turkey - FRIT and an IBRD loan in the amount of EUR 135,355,000 for a project to support municipal services improvements in several municipalities impacted by refugees. For this Contract, the proceedings of the IBRD Loan shall be used.

The so called Municipal Services Improvement Project in Refugee Affected Areas will finance environmental infrastructure investments and technical assistance (TA) to support targeted municipalities in dealing with the increased pressure on the defined municipal services, in particular water supply, sanitation and solid waste management, in a sustainable and equitable manner, taking into account the needs of the entire population including the most vulnerable among host and SUTP populations.

1.1 Project Area:

The provinces of Adana, Kahramanmaraş, Kayseri, Konya and Osmaniye are among several provinces in Turkey impacted by the influx of refugees. In 2018, these five cities had a refugee population of about 500,000 people. The increased populations have put significant pressure on existing municipal infrastructure including water supply, wastewater and solid waste management services in affected host communities. As a result, urgent interventions in municipal infrastructure to augment existing systems are required. The Municipal Services Improvement Project in Refugee Affected Areas in Turkey directly aims municipal services priorities, particularly construction and rehabilitation of water supply, wastewater and solid waste facilities in targeted five provinces (Adana, Kahramanmaraş, Kayseri, Konya and Osmaniye) affected by the Syrian refugees in Turkey.

The scope of this Contract covers certain investments in Kahramanmaras Province as detailed in the further Sections of this Terms of Reference. The following figures shows the selected municipalities of the Project and Kahramanmaras Province as the subject of this Terms of Reference.

 

Figure-1: FRIT II Project Cities

 

Figure-2: Kahramanmaraş City

 

Figure-3: The Districts of Kahramanmaraş

1.2 Institutional Roles:

The main borrower/recipient and implementing agency of the Project is İller Bankası A.Ş. (ILBANK) which will act as the Financial Intermediary (FI) to transfer funds to participating municipalities or Water & Sewerage Administrations (Utilities) in the selected 5 provinces. Briefly ILBANK will establish a Project Management Unit (PMU) for the operation of the Project at central level. Participating municipalities/utilities will be responsible for sub-project investment implementation and will set up municipal project implementation units (PIUs) at local level to ensure effective sub-project implementation.

The procurement processes in selection of the Consultants and the Contractors for water, wastewater and solid waste projects within the scope of the Project will be under the responsibility of ILBANK. However, the relevant municipalities or Utilities will participate in the bid evaluations of their relevant contracts and sign the resulting contracts. ILBANK PMU as well as the Municipality/Utility as the signing party of the Contract has the responsibility of reviewing the Bidding Documents of the Infrastructure Investments to be prepared under the Scope of this Contract and giving comments to these documents before their finalization. Accordingly, the bidding documents for each type of procurement at national level shall be subject to ILBANK’s review and agreement.

The consultants shall be responsible for taking the comments and agreement of the relevant sub-borrowers on the technical specifications and designs of the tender documents before submitting the document to ILBANK.

The role and responsibilities of the participating municipalities/utilities are as follows;

  • Kahramanmaraş Metropolitan Municipality is responsible for providing related integrated solid waste management services within the boundaries of its service area. Kahramanmaraş Northern Districts Integrated Solid Waste Project is in the scope of Kahramanmaraş Metropolitan Municipality, who will be the Client for this sub-project that the Consultant will be carrying out.
  • General Directorate of Kahramanmaraş Water and Sewerage Administration (KASKI) is responsible for the construction and maintenance of water/wastewater treatment plants and water and sewerage networks of all settlements in its service area. Elbistan Water Supply Transmission Line Project and Elbistan Water Supply Network projects are in the scope of KASKI, who will be the Client for this sub-project that the Consultant will be carrying out.

1.3 Project Description

The Municipal Services Improvement Project in Refugee Affected Areas aims to improve water supply, wastewater and solid waste services in selected municipalities that have seen significant population increases as a result of refugee arrivals. Most of the municipalities in these provinces already had operational problems such as high water losses, inadequate water treatment, inadequate access to wastewater collection, and lack of wastewater treatment due to shortages in financial capacity and insufficient institutional capacity. With the increased population, there is additional demand on the municipal infrastructure and services.

The proposed activities directly address municipal services priorities, particularly construction and rehabilitation of water supply, wastewater and solid waste facilities in the selected provinces affected by the Syrian refugees in Turkey.

Selected municipalities within provinces affected by refugee influx are Osmaniye, Kahramanmaraş, Adana, Konya and Kayseri respectively.

The main activities that will be executed within the scope of the Project might be classified under two components:

Component 1. Environmental Infrastructure Investments: This component will finance the construction and rehabilitation works for water supply, sanitation, and solid waste management infrastructure in the targeted municipalities to achieve improvements in access, service quality and continuity of municipal services; and smaller scale critical facilities to address immediate municipal service needs of vulnerable SUTP and host communities at the neighborhood or settlement level, to be identified in a participatory manner by the beneficiaries.

Component 2. Technical Assistance for Project Management and Supervision, Capacity Building, Communication and Citizen Engagement. This component will finance goods and consultancy services for the following activities:

  1. Project Management. This activity will finance goods and consulting services required for coordination and day-to-day project management, including management of procurement and financial management aspects, management of social and environmental safeguards, including dam safety requirements associated with the project, technical and contract management, monitoring and evaluation (M&E), and project reporting and communications.
  2. Consultancy services for design review and supervision of environmental infrastructure investments. This activity will finance consultancy services for design review and preparation of bidding documents, taking into account climate change considerations, and supervision of construction and rehabilitation works for proposed environmental infrastructure investments under Component 1.
  3. Citizen Engagement, Public Communication and Visibility activities. This activity will finance:
  1. Communications and Visibility activities for the project.
  2. Citizen/Community engagement activities to facilitate effective two-way engagement among stakeholders, including Turkish citizens and SUTPs and municipalities and SKIs to identify the needs and priorities for enhancing service delivery to all people in the beneficiary communities.
  1. Institutional Capacity Building activities targeting the participating municipalities, utilities and ILBANK.

The project will seek to achieve the following results, in line with the project development objectives and activities:

(a) Improved access to safely managed water supply services;

(b) Improved access to safely managed wastewater collection / sewerage services;

(c) Improved wastewater treatment;

(d) Improved solid waste disposal in targeted municipalities; and

(e) Strengthened institutional capacity to manage municipal services in municipalities and utilities.

2. Objectives of the Assignment:

Consultancy services for design review, preparation of bidding documents, provision of Technical Assistance during the Bidding Process and supervision of construction and rehabilitation works for the below environmental infrastructure investments constitute the scope of Services of this Contract in general:

  • Kahramanmaraş Northern Districts Integrated Solid Waste Project
  • Elbistan Water Supply Network Project
  • Elbistan Water Supply Transmission Line Project

Further details of the Scope of Services shall be outlined in the proceeding Sections of this Terms of Reference.

2.1 Sub-Project Descriptions:

The Consultant shall be responsible for the following subprojects:

  1. Kahramanmaras Northern Districts Integrated Solid Waste Project under the responsibility of Kahramanmaras Metropolitan Municipality:

The project covers construction of a sanitary landfill in Afşin. A Composting Facility, a Collection and Separation Facility, Leachate Collection and Leachate Treatment Plant, Bio-Gas collection pipes and Electric Production Facility will be also established in the landfill site. Two transfer stations; one at Elbistan and the other one at Göksun, will be established. The project will also cover closure and rehabilitation of 24 existing dumpsites. The Project also covers the procurement of Vehicles and Containers.

Figure-4: Sub-province municipalities of the Kahramanmaras

  1. Elbistan Water Supply Network Project under the responsibility of Kahramanmaras Water & Sewerage Administration (KASKI):

Elbistan city center’s water is supplied from groundwater sources drilled near Ceyhan River. Water from those wells are pumped to 5 existing reservoirs that supplies 5 different pressure zones. The existing drinking network was first constructed in 1956-1957, then extended in 1984-1987 and finally in 2009. The pipeline constructed before 2009 is in poor condition. The water losses are high, estimated as more than 50%. Thus, some of the lines need to be renewed and new pipes need to be laid for extending the distribution network to new developing areas.

The project includes renewal of about 253 km of water network. In addition, 5 new concrete reservoirs will be constructed in the project together with the supply and installation of other auxiliary-equipment.

 

Figure-5 Location of Elbistan

c) Elbistan Water Transmission Line Project under the responsibility of KASKI:

The existing water supply source for Elbistan sub-province is groundwater. The water is supplied from wells drilled near Ceyhan River. The operation of these wells put high operational costs on KASKI as well as seasonal changes in the capacity resulting in intermittent water supply in the area.

The project includes 2 new concrete transmission tunnels which will go through the mountain (with a length of 2,282 m and 2,009 m respectively) for transferring water to Afşin and Elbistan sub-provinces from the Kurudere and Sarımağara water springs. The transmission line continues from Afşin province to the Elbistan province and supplies water to settlements through separated branches. Transmission line from end of tunnels to the Afşin Province has been performed by DSI.

The project includes the construction of approximately 120 km of transmission lines and 6 concrete water reservoirs with volumes between 100-2000 m3. Transmission line contains steel pipe with diameter changing between Ø100mm-Ø1000mm in total 82 km and HDPE pipes with diamaeter changing between Ø355mm-Ø110 in total 38 km.

2.1.1 Information/Data to be provided to the Consultant:

All of three above mentioned projects have their own Project Information Documents (PID) and have full set of drawings. The designs to be reviewed within the scope of this Consultancy Services had been prepared by local consultant firms under the administration of related Authorities and Municipalities. Both PIDs and drawings will be provided to the Consultant as part of this Terms of Reference in electronic format.

As a part of the Environmental and Social Assessment, the Environmental and Social Impact Assessment (ESIA) Report for “Kahramanmaras Northern Districts Integrated Solid Waste Project” and the ESMP covering two sub-projects of Kahramanmaras Municipality; Elbistan Drinking Water Network Project and Elbistan Drinking Water Transmission Line Project, a separate Stakeholder Engagement Plan (SEP) for “Kahramanmaras Northern Districts Integrated Solid Waste Project” and one for “Elbistan Drinking Water Network” and “Transmission Line Project” , Resettlement Plans (RP) and Ex-post Social Audit of these sub-projects have been prepared in full compliance with the World Bank Environmental and Social Framework (ESF). Moreover, LMP (including Code of Conduct) for the project is prepared by İlbank to be adopted by the awarded contractors/their subcontractors.

3. Scope of the Services:

The Consultant’s Services will be implemented over following two main phases:

Phase-1:     Design Review, Preparation of Tender Documents and Technical Assistance during the bidding and evaluation period

Phase-2:     Supervision of construction works.

Following is the brief outline of the scope of services, expected tasks and key deliverables under each phase, which should be carried out by the consultant:

PHASE-1: Lump-Sum Services: Design Review and Bidding

The consultant performing the services under this stage will assist the Client to carry out (i) reviewing existing design and studies relevant to the sub-projects and (ii) preparation bidding documentation and assisting in procurement.

To carry out the Design Review of the three subproject investments in Kahramanmaras as per the provided information in 2.1.1.

The Consultants shall review, complete and finalize all existing designs (civil, mechanical, electrical, infrastructure drawings including pressure and gravity transmission lines, all reservoirs, pump stations, collection pumps, buildings, tanks, water and waste water connections all related auxiliary and solid waste related works etc.) including all required calculations, drawings, details and specifications of the project components and submit to the Client for approval.

Since any delay in the review and the completion of the designs and related documents will directly affect planned commencement date for construction works and construction period, the Consultants will complete and finalize all designs and documents with due care and diligence during the envisaged periods so as not to cause any delay. The Consultant is supposed to be in strong liaison with the Client and provide economical, efficient solutions.

The selected Consultant will perform the following tasks:

TASK 1:

  1. The Consultant shall check/review all the designs and the construction drawings to ensure that they are adequate for competitive construction bids, and for executing the work.
  2. The Consultant will verify the compliance of the designs and construction documents with the most recent EU and TR legislations and regulations. The Consultant shall also make sure the compliance with the good international practice and EU/WB Environmental and Social Standards and WBG’s General and Sector Specific EHS Guidelines (Environment, Social, Health and Safety (ESHS) policies).
  3. WBG’s General and Sector Specific EHS Guidelines (Environment, Social, Health and Safety (ESHS) policies)
  4. The design review will also aim to enhance the resilience of the proposed infrastructure, as appropriate, to climate change–exacerbated risks such as droughts, floods, and degraded water quality.
  5. The Consultant shall check the compatibility of Drawings, Technical Specifications, Unit Price Definitions and the Bill of Quantities and complete the missing information.
  6. The Consultant shall check that the materials described in the Drawings or Technical Specifications are not single source materials and suitable for the Project.
  7. Specific requirements and specifications of Ministry of Environment and Urbanization and ILBANK shall be considered and the designs shall be checked whether these criteria are reflected in the designs.
  8. The Consultants shall obtain, if needed pursuant to the legislations/regulations the consent/approval of the relevant Authorities and/or their local branches to the final designs before submitting those for approval to the Client.
  9. The Consultant whether required by the Client upon its review on the submitted design/s, calculations and drawings or as a result of the review/s done by the Consultant himself shall revise designs/details or provide additional design/detail/s as per the comments and recommendations of the Client. This is as of the normal development of the project and no additional cost to the Client.
  10. The Consultant will check GHG Calculations and will assess the energy efficiency of the project.

The Consultants shall be liable and responsible for the technical viability, accuracy and content of the design drawings and documents including but not limited to all required calculations, drawings, details, analysis and specifications of the project components. The Consultants shall be responsible to develop complete set of technical documents to achieve successful bidding process and contract implementation.

TASK 2:         To provide technical assistance to the Client:

  1. in the Preparation of Bidding Documents of the given three subproject investments including the procurement and selection of the vehicles and containers
  2. in the Bidding & Evaluation and Contract Award Stages

In line with Task 2a of this Terms of Reference; the Consultant shall prepare complete bidding documents of:

  1. KMARAS-W1-Construction of Kahramanmaraş Northern Districts Integrated Solid Waste Project
  2. KMARAS-W2-Construction of Elbistan Water Network Project
  3. KMARAS-W3-Construction of Elbistan Water Transmission Line
  4. KMARAS-G1-Kahramanmaras Northern Districts Integrated Solid Waste Project -Vehicle Supply
  5. KMARAS-G2-Kahramanmaras Northern Districts Integrated Solid Waste Project -Container Supply

In accordance with the World Bank Procurement Regulations for IPF Borrowers – July 2016 revised in November 2017 and August 2018 (“Procurement Regulations”). The agreed methods for these contracts in the approved Procurement Plan is “Request for Bids” through National Procurement Procedures. Bidding Documents shall include but not limited to the Conditions of Contract, Form of Bid, Technical Specifications, Bill of Quantities (BoQ’s), final designs, system/detailed drawings and etc. The Environmental and Social Framework (ESMF), Resettlement Framework (RF), İlbank’s Labor Management Procedures (LMP), ESIA/ESMPs, SEPS and RP/Ex-post Social Audit study documents mentioned in section 2.1.1 shall be included in the bidding documents. 

The Consultant’s attention is drawn to the fact that the language of the Works Contracts may be Turkish or English, and consequently the Consultant should include sufficient number of translators and interpreters in his support staff.

The Consultants shall prepare the Bidding Documents in close cooperation with ILBANK PMU and the Client and with due care and diligence. Any of the items in these documents shall not contradict with each other and all material specifications shall be in accordance with the specifications of the Turkish standards and/or international standards.

The Consultant shall prepare the designs, plans, technical specifications, BoQ’s, tender documents etc. and all additional documents, detailed designs in such a way that the necessity for variation orders during the construction stage is minimized. The Consultants shall be responsible to develop a set of complete bidding documents (with all commercial and technical content) for successful completion of the bidding process and contract implementation with a consideration given to the Project implementation schedule.

The Consultant shall make any reasonable modification to documents, reports, etc. irrespective of its/their being approved by the Client during the various stages of approval.

In line with Task 2b of this Terms of Reference; the Consultant shall provide technical assistance throughout the bidding process conducted for the Works and Goods procurements (KMARAS-W1, KMARAS-W2, KMARAS-W3, KMARAS-G1 and KMARAS-G2 Contracts) including preparation of clarifications/addendum if deemed necessary, technical evaluation of the bids, drafting of technical input to evaluation reports and the contract. The responsibility of the Consultant shall continue until the successful conclusion of every and each contract tendered.

 

If for any reason any of the contract/s could not be concluded for the first round of the bidding, the Client upon consultation with ILBANK and World Bank may consider (i) to rebid the contract/s on its own without any further input from the Consultant or (ii) to amend the Contract Value as per the agreed Contract rates and renegotiated staff and time allocation to allow for the extra time spent by the Consultant for the second round of the Bidding Process. The Consultant shall not be entitled for any compensation or payment for such suspension of the Contract or any portion of it and shall make no claims and so forth.  The Consultant is responsible for having those Key Expert(s) available during the course of the Services under Task 3 of this Terms of Reference or otherwise with replacement/s with equivalent or better qualifications and experience, meet the eligibility requirements and at the same rate of remuneration. The consultant shall continue his assignments under Task 3 for any of the Contracts concluded under Task 2b.  

 

 PHASE-2: Supervision of Construction Works

 

TASK 3: To provide Supervision Services during the Construction Stage and Defects Liability Period

The Consultant shall be responsible to carry out all the duties and responsibilities attributed to the “Project Manager” or “Engineer” in the General Conditions of Contract (GCC), Particular Conditions of Contract and Part 2 – Work’s Requirements Sections of the World Bank’s Standard Procurement Document - Request for Bids Small Works (One-Envelope Bidding Process) For Projects with Project Concept Notes (PCN) Decision Notes dated after October 1, 2018 and its updates. The Supervision responsibility of the Contractor/Supplier shall be for all the Works Contracts signed as a result of the bidding processes concluded under this Contract and shall continue until the expiration of the Defects Liability Period/Warranty Period. Significant issues shall be subject to approval of the Client as indicated in the terms and conditions of the GCC and PCC.

As an addition to these tasks as the Project Manager, the Consultant shall:

  1. Inform the Client about progress of the work and activities, attend any meetings reasonably convened by the Client and provide any information or evidence reasonably required by the Client at any public meetings or inquiries that might be held in connection with the Project.
  2. Inform the Client about the cost and time impact and any other consequences of any sort of his proposals (such as revisions, recommendations, etc.) The Client shall not be responsible from the consequences of the fact of which the Client is not informed in advance. In case of an arbitration in the Works Contract/s, to assist the Client in the preparation of the documents needed by the Client.
  3. As in compliance with the format and ingredients determined by the Client, prepare monthly and quarterly progress reports in comparative with contractor’s original (initial) work schedules and inform the client in written for delays. 
  4. Based on the approved work schedule and cash flows of the Contractor; monitor the progress compared to the initially envisaged plan/s and inform the Client about the failures.
  5. During all kinds of material approval process; establishment and acceptance of factory and material acceptances, determination and approval of the institutions or organizations (laboratories, universities, etc.) where the tests are to be conducted, approval or rejection of the materials, manage the use of approved materials at site and removal of unauthorized materials from the site and follow.
  6. Randomly collect material samples and perform relevant tests and analyzes at specified intervals without waiting the written mandate of the Client. 
  7. To keep accurate and detailed site records.
  8. For construction works, conduct conformity monitoring of Environmental and Social liabilities including OHS issues mentioned in the Environmental and Social Impact Assessment (ESIA) and/or Environmental and Social Management Plan (EMSP)[3]. All regular reporting obligations mentioned in these documents shall be followed for the construction activities.  
  9. Ensure implementation of LMP, RP and SEPs as required, in a manner acceptable to the Bank and make sure that no construction activity shall commence before the land acquisition process completed for the privately owned land and permits/licenses received to use/transfer rights of public lands.
  10. Following up the grievance mechanism mentioned in Resettlement Framework (RF) and Resettlement Plan (RP) in addition to supporting preparation of the biannual Resettlement Plan Progress Report for KASKI and Kahramanmaras Metropolitan Municipality (Solid Waste project for Kahramanmaras Metropolitan Municipality and Elbistan Water Supply Network and Transmission Line for KASKI). These mentioned reports will be submitted by Client to the ILBANK/World Bank. Reporting format is given in Resettlement Framework (RF) document.

The Services will be carried out under the following Parts:

Part 1: Tasks prior to start of construction works will include but not be limited to:

  1. Review the qualifications of the proposed key management personnel of the Contractor and make appropriate recommendations to the Client;
  2. Receive from the Contractor, check for compliance with contract requirements and advise the Client on all performance securities, insurance certificates or policies and guarantees relating to the contract before submitting to the Client for acceptance;
  3. Before the start of the works and during the works, facilitate any communication and attend any meeting between contractors and the owners of facilities (water, telephone, electricity, gas) sharing the road right-of-way; in particular, give advice on proposed modifications by the owners of facilities;
  4. Ensure that Environmental and Social (ES) provisions set out in the contract documents are respected;
  5. Ensure that traffic operational safety is met before commencing the works and issue any work plan or drawing in that respect;
  6. Check correctness of co-ordinates and levels of all survey reference markers and require the Contractor to make an independent check;
  7. Check the Contractor's setting out and levels of the designed works;
  8. Verify estimated quantities in the Bills of Quantities and promptly advise the Client of any prospective Time and Cost effects and make appropriate recommendations;
  9. measures for the proper implementation of LMP and SEP including the grievance mechanism

Part 2: Tasks during construction will include but not be limited to:

2.1     Supervision tasks

  1. Approve and monitor the contractor's work program and the source of materials;
  2. Approve and monitor the implementation of the Contractor’s Quality Assurance (QA) Plan;
  3. Explain and/or adjust ambiguities and/or discrepancies in the Contract Documents;
  4. Inspect for approval all working drawings and as-built drawings prepared by the Contractor;
  5. Inspect and test materials and works to ensure compliance with specifications, and/or removal and substitution of improper materials and/or work as required;
  6. Ensure the Contractor’s compliance with the agreed Environmental and Social Management Plan; to control and appraise the progress of the works, to order suspension of works and to authorize, with the Client’s approval, extensions of the period for completion of the works; The Consultant shall take necessary measures for environmental, social, and occupational health and safety aspects. In this context the most recent Turkish environmental and safety regulations as well as the Client and EU/WB Environmental and Social Standards and WBG’s General and Sector Specific EHS Guidelines (Environment, Social, Health and Safety (ESHS) policies) are required to be taken into consideration particularly during the supervision of the construction works. Within this scope, Consultant shall also be responsible for the supervision of the Contractors’ environmental and social management practices/plans (waste management, noise, resettlement plan etc.) and ESHS obligations and report to the Client in his monthly progress reports. The details of the Environmental, Social, Health and Safety (ESHS) Management and the responsibilities of the “Consultant” shall also be detailed in the Contractor’s contract. Consultant shall have the responsibility for relevant supervision, oversight and instruction of the applications to the Contractor.
  7. Provide assistance in administering and resolving grievances;
  8. Issue interim certificates for payment to the Contractor on the basis of measured work items or to certify the completion of the works or parts thereof;
  9. Carry out generally all the duties of the Project Manager as specified in the Contract, within the limitations specified therein;
  10. Advise the Client on all matters relating to compensation events and claims reported by the Contractors and make recommendations thereon;
  11. Attend to the work inspections carried out by the State Authorities in accordance with the Turkish Law;
  12. Organize provisional and temporary technical acceptance of works and submit all supervision documents to the taking-over committee according to the Applicable Law;
  13. Issue the Certificates of Completion of the Works and Defects Liability Certificates;
  14. Assist the Client in taking over the site of the works.

2.2     Administration of the Civil Works Contracts

The responsibility of the Consultant shall include, but not limited to, the following tasks:

  1. Financial management of the Civil Works Contracts. Based on (i) contractor's programme of works and cash-flow predictions which should be revised at required time intervals and, (ii) upon own judgement, the Project Manager shall prepare monthly, as part of monthly reports, disbursement tables showing the status of previous disbursements and a tentative prediction of future disbursements on a monthly basis;
  2. Monitor validity of Contractor's insurance policies and guarantees and timely advice the Client on their expiry dates, necessity to request the extensions of the validity and where necessary change the amount of the insurance policies and guarantees;
  3. Provision and administration of the Project Management Information System (PMIS) for management of project correspondence and documents in accordance with the approved PMIS plan and procedures, and timely updates of the records and reports thereof;
  4. Continuous follow-up of the Contractor work programmes and monitoring cash-flow in relation to the planned schedules and alert immediately the Client if any change occurs in the progress of disbursements;
  5. Day-to-day measurement and recording of quantities of works carried out by contractors;
  6. Daily recording of work site events in a work site logbook;
  7. Recapitulation of quantities of work carried out monthly for each contractual item of work;
  8. Monthly comparison of actual progress against progress as scheduled;
  9. Review Contractor’s Monthly Statements and issue the corresponding Payment Certificates as appropriate;
  10. Attendance at periodic site meetings and monthly progress meetings and ensuring minutes signed by all parties are recorded.

The required procedures to carry out the site supervision and contract administration tasks shall be prepared by the Consultant and submitted for the approval of the Client in a Consultant’s Site Supervision Procedures Manual.

The Consultant shall ensure that the Contractor’s ES (Environmental and Social) performance is in accordance with good international industry practice and delivers the Contractor’s ES obligations.

The ES related services include those of the Project Manager’s as referred in the World Bank’s Standard Procurement Document - Request for Bids Small Works (One-Envelope Bidding Process) For Projects with Project Concept Notes (PCN) Decision Notes dated after October 1, 2018 and its updates plus the following:

  1. review the ES, including all updates and revisions (not less than once every 6 months);
  2. review and approve ES provisions of method statements plans, proposals, schedules and all relevant Contractor’s documents;
  3. review and advise the relevant person (of the Consultant) on the ES risks and impacts of any design change proposals and the implications for compliance with ESIA, ESMP, RP, SEP, LMP and GRM, consent/permits and other relevant project requirements;
  4. undertake audits, supervisions and/or inspections of any sites where the Contractor is undertaking activities related to the Works, to verify the Contractor’s compliance with ES requirements, with and without contractor and/or client relevant representatives, as necessary,
  5. undertake audits and inspections of Contractor’s accident logs, stakeholder engagement activities carried, community liaison records including all grievances received and resolved, monitoring findings and other ESHS related documentation, as necessary, to confirm the Contractor’s compliance with ESHS requirements;
  6. agree remedial action/s and their timeframe for implementation in the event of a noncompliance with the Contractor’s ES obligations;
  7. attend meetings including site meetings, progress meetings to discuss and agree appropriate actions to ensure compliance with ES obligations;
  8. check that the Contractor’s actual reporting (content and timeliness) is in accordance with the Contractor’s contractual obligations;
  9. review and critique, in a timely manner, the Contractor’s ES documentation (including regular reports and incident reports) submitted to Project Manager and to provide advice to ensure the accuracy and efficacy of the documentation
  10. undertake liaison, from time to time and as necessary, with project stakeholders to identify and discuss any actual or potential ES issues, and report to the Client;
  11. prepare a brief monthly report that describes the work that the Project Manager’s ES Key Expert/s have undertaken, the issues (including any Contractor’s ES noncompliance) identified and the actions taken to address the issues

Limitations of the Consultant’s Authority

  1. The Consultant shall have no authority to relieve the Contractors of any of their duties and obligations under the Works Contracts.
  2. The Consultant shall note that the Client is under obligation to seek the Iller Bank’s concurrence before agreeing to or implementing any modification or waiver of the terms and conditions of the Contracts including granting an extension of the stipulated time for performance.
  3. The Consultant will seek prior written approval of the Client for the following:
  1. issuing / approving any Payment Certificates (PC) for the Contractors’ Advance Payments;
  2. agreeing / instructing any changes in the project design;
  3. approving or issuing of any Contract Variation, except in an emergency situation as determined by “Project Manager” in accordance with the Conditions of Contract;
  4. in the event of additional work, the Consultant shall report on the relative merits of tendering vis-a-vis issuing a variation for such additional works;
  5. approving a proposal for Variation submitted by the Contractors;
  6. making variations in work quantities which bring the total cost in excess of the value of the Contract Price specified in the relevant contract provisions;
  7. determining any new rate or price with respect to any Variation;
  8. approving any extension of the Intended Completion Date;
  9. approving any compensation event for any additional cost including any cost associated with extension of the Intended Completion Date;
  10. suspending the Works in accordance with the Conditions of Contract;
  11. approval of the subletting of any part of the works;

Any response by the Project Manager which requires Client’s approval, except as otherwise expressly specified, shall be notified in writing to the Contractor within 28 days of receipt. (14 days for the Project Manager, 7 days for the Client, then 7 days for the Project Manager to consider Client’s comments).

Supervision during the Commissioning, Defects Liability and Maintenance Period:

  1. The Consultant shall continue to be responsible for the supervision and inspection of the construction and completion of the Works during the Defects Liability Period as defined in the construction contracts. The level of supervision shall be appropriate to the scale of the works being carried out. These inspections and supervision are to ensure that works, agreed to be carried out during the Defects Liability Period, are properly carried out and have been completed and that any failure of any part of the Works has been rectified. If any defect is discovered, during this period, the Consultant shall promptly investigate the reason for it, report to the Client and take required actions to rectify the defect.
  2. A report of these inspections shall be submitted to the Client, which shall include all details of any defects, faults, accidents or breakdowns, which have occurred together with the estimated costs of repair and the time scales within which they will be completed. Moreover, the Consultant shall submit quarterly report summarizing all the activities during subject quarter of Defects Liability. A final report shall be submitted at the end of the Defects Liability Period giving full details of all works carried out during that period. This report shall be submitted by the Consultant to the Client at least 30 days prior to the Consultant’s issuing Defects Liability Certificate for the completed Works. The Consultant will provide minimum number of technical staff acceptable to the Client during the Defects Liability Period. Defects are expected to be minimum for a competent Consultant Firm during defects liability period.
  3. Consultants are required to provide perfect supervision/inspection services during the period, to preparation of defect lists and monitor correction of defects. If required, Consultant will instruct the contractor and closely inspect the repair of works in the Defects Liability Period. Until finishing of Defects Liability Period, the Consultant shall execute all interim controls, inspections. In demand of Client, the Consultant shall deal with determined defect or failure. The Consultant will inform the Client and Contractor in case of finding defects in interim audit/controls. 

4. General Obligations and Tasks of the Consultant:

General

  1. To carry out its duties and responsibilities by suitably qualified engineers and other professionals (experience of staff has been stated at Section-5 Key Expert Section) who are competent to carry out the duties described within this document.
  2. To co-operate with the other consultants and join the meetings whenever required by the Client.
  3. To carry out all the Services with all due diligence, care and in timely manner so as not to cause any delay. It is deemed that the Consultant familiarized himself with the nature of Project and is expected to take all sorts of precautions during the performance of Services to fulfil his tasks in a timely manner and to get the works completed by the Contractor on time.
  4. Updating the procurement plan of KASKİ’s and Kahramanmaraş Metropolitan Municapility’s FRIT Project as per the approved/revised work schedules of the Contractor/s/Suppliers and his Contract.

5. Time Schedule:

During the courses of the services, it should be noted by the Consultants that prepared designs/details/calculations/reports/specifications and other documents submitted to the Client for approval will be reviewed by the Client and approved or returned for revision and/or resubmission in 10 business days.

The Consultant shall submit all the documents in a timely manner to complete the services on time without any delay. Time schedule for the completion of the consultants’ services for the various parts of the work as mentioned below shall be submitted to the Client. 

All activities under the Scope of Services shall be completed within 51 (fifty one) months (including the Defects Liability Period) from the consultancy contract signing date.

Project Completion Schedule is drafted in the following table.

 

TIME TABLE

 

  • Supervision of Construction and Engineering Services and Defects Liability

Under normal conditions, the scheduled construction period is 33 (thirty three) months and the defects liability period is 12 (twelve) months.

 

  1. Contract Type

The Consultants shall have a time-based contract with lump-sum payment schedule specified for the activities under Task 1 and Task 2, for each Client’s contract.

7.       Change in The Scope of Consultant’s Services:

The Construction commencement dates of Works may vary due to the unexpected reasons. If no further input is required by the Client for rebidding of the respective tender/s, the Consultant shall wait for the finalization of the respective tender evaluation/s and commencement of the Construction Works and shall not request any payment or compensation for the tender/s in question. The other Contracts awarded shall continue for the Consultant for his Task 3 assignments.

If any of the Works Contracts is not tendered or is not awarded by the Client, the Client may decide:

  1. To cancel the remaining services of the Consultant for such part of the Contract. The remaining payments will not be done to the Consultants and the Consultants shall not request any payment or compensation for the cancelled parts of the Services.
  2. In agreement with the Consultants; to suspend the remaining services of the Consultants until awarding of Construction Contract. In such case the Consultants shall not be paid by the Client during the period between suspension and startup date of the Construction Contract, and the Consultants shall not request any payment for compensation for the duration mentioned above.

At every 6 months form the effectiveness of the Contract the Client and the Consultant shall review the staff input for the next 6 months and based on the agreed staff plan the consultant shall mobilize its personnel.

8. Team Composition & Qualification Requirements for the Key Experts:

The Consultant shall typically comprise a firm with experience in carrying out similar tasks, specifically to include the following minimum qualifications;

  • Experience in projects financed by international financing institutions,
  • Experience in the design and construction supervision services that are similar to the required services in size, similarity and complexity in the last 10 years.

The consultant’s team shall include at least the following suitably qualified engineers and other professionals who are competent to carry out the duties described within this document.

The minimum required number and experience of proposed professional staff is:

 

Design Review , Preparation of Bidding Documents & Bidding Stage

KEY STAFF

DESIGN STAGE

Total Estimated Staff-Months

Professional Experience (Years)

Specific Experience On the Related Assignment (Years)

 

Design Project Manager (Civil/Environmental Engineer)

3

>15

>10

Design Engineer-1 (Civil Engineer)

2

>8

>5

Design Engineer-2 (Environmental Engineer) (for Solid Waste project specifically)

1

>8

>5

Geotechnical Engineer

1.5

>8

>5

Mechanical Engineer

1.5

>8

>3

Electrical Engineer

1.5

>8

>3

Survey Engineer

0.5

>8

>3

Procurement Specialist (preferably engineer)

2

>5

>3

Environmental Expert (Environmental Engineer)

0.5

>5

>2

Social Expert

0.5

>5

>2

Sub Total

14

 

 

During this stage; the Consultants are responsible for the establishment of a design group who are experienced in the preparation of infrastructure projects. Therefore, the Consultants shall separately indicate the staff to be assigned in the review of designs and preparation of documents by indicating positions planned to be assigned for each staff in their proposal.

For Construction Supervision of All Sub- Projects

 

              KEY STAFF

MAIN CONSULTANT SITE OFFICE

 

Total Estimated Staff-Months

Professional Experience (Years)

Specific Experience On Related Assignment

(Years)

Project Manager (Civil/Environmental Engineer)

32

>15

>5

Mechanical Engineer

12

>10

>5

Electrical Engineer

12

>10

>5

Social Expert

9

>5

>3

Sub Total

65

 

 

 

SUB-PROJECT SITE - For Construction Supervision of Kahramanmaras Northern Districts Integrated Solid Waste Project

Site Engineer (Civil/Environmental Engineer)

32

>8

3

Payment Certification Control, Quality and Cost Engineer (preferably Civil Engineer)

16

>8

5

Survey Engineer

32

>8

3

Sub Total

80

 

 

 

SUB-PROJECT SITE - For Construction Supervision of Elbistan Water Supply Network & Elbistan Water Supply Transmission Line Projects

 

Site Civil Engineer

64

>8

3

Payment Certification Control, Quality and Cost Engineer (preferably Civil Engineer)

16

>8

5

Survey Engineer

32

>8

3

Sub Total

112

 

 

 

For Construction Supervision of Defects Liability Period

Sub Total

20 (*)

 

 

TOTAL ESTIMATED KEY STAFF-MONTHS

291

 

 

TOTAL ESTIMATED TECHNICIAN/JUNIOR ENGINEER STAFF-MONTHS

160

 

 

  • Minimum Support Staff Requirement:

Except from the key staff, in order to ensure proper supervision,

  • Three Technicians/Junior Engineers for Civil Works shall be assigned (one will be Site Enginer/Technician and OHS for Solid Waste Project, two will be Site Enginer/Technician and OHS for Elbistan Water Network and Transmission Line) during the construction period.
  • Two Survey Technicians/Junior Engineers (Survey Works) shall be assigned (one for Solid Waste Project and one will be for Elbistan Water Network and Transmission Line) during the construction period.
  • Technician/Junior Engineer will not be evaluated as key expert. The CVs of these staff will be submitted to the Client for approval after contract award.
  • Following the contract award, the Technicians experienced for at least 6 (six) years or the Junior Engineers experienced for at least 3 (three) years in their respective fields shall be proposed.
  • Support staff for the administration services shall be proposed additionally as required (surveyors, clerks, drivers, secretary etc.)
  • Defects Liability Period Staff Requirement
    • Staff-months for DLP shall be proposed as well, and demonstrated in the Staffing Schedule.

 

 

9. Reporting Requirements and Time Schedule for Deliverables:

Monthly Reports

The Consultant shall prepare and submit to the Client each calendar month a report satisfactory to the Client, including progress charts and photographs in color giving all information regarding the progress of the Works, actual extent and nature of the Works completed as well as details of any delay in the works, reason and remedial of the delay, any other problems relating to the Works and substantiating documentation if required The Consultants shall also clearly indicate in the report whether the delay (if any) of any part of the Works will cause any delay in the completion of the whole Works. Consultant should prepare an Inception Report within 3 weeks at the start of the project.

The report shall include the percentages of the Work items completed and planned, and also the actual and planned cash-flows for each work item as of the reporting period prepared in the project planning tools (such as MS Project, Primavera, etc.) accepted by the Client.

The report shall also include records of materials, equipment and plant tested with copies of the test results and, statistical evaluation of the test results in table or graphical form. Action taken with regard to poor results shall be stated.

The report shall give a detailed review of the Works to be performed during the following month and a general listing of the works to be performed during the following two months.

The report shall also give information about personnel employment status of the Consultants.

The report shall also include environmental and social and OHS management practices followed for mitigation of environmental impacts of the works.

The report shall be submitted to the Client by the tenth day of following month. Any comment by the Client on the report shall be reviewed and the report shall be modified and re-submitted to the Client within a week.

Due to the urgent nature of the project and short construction time, the Consultants shall also prepare a report in table form showing summary of cumulative progress in main work activities on weekly basis. The report shall be submitted to the Client in an acceptable format on Monday of each week via electronic mail and as hard copy.

In addition, the Consultants shall record views from at least 5 different points for the construction site, on weekly base, showing the progress on the site with dates and record them with acceptable format on CD and submit to the Client.

The requirements for the submission of reports, drawings and other documentation are given below. Reports shall be prepared in both the Turkish and English languages. The metric system of weights and measures shall be used.

Submission shall be as follows:

Format of Reports         :      A4 or A3, including where appropriate drawings
reduced to A3 size.

Format of Drawings      :      A1 and/or A0 size.

A draft copy (Turkish 2, English 2) of all reports shall firstly be submitted to the Client for discussion purposes following which the Consultants shall be required to prepare the final copy, incorporating any amendments arising from such discussions.

Design Review, Preparation of Bidding Documents and Bidding Stage

No

Report

Last Submittal Date

English

Turkish

Soft Copies

1

Project Evaluation (Design Review) Report (Hard copy)

Within one month following up effective date of the contract

1

3

3

2

Preparation of incomplete and final designs

  1. Number of copies of reports
  2. Number of copies of drawings

Within 2 months following up the approval of Project Evaluation Report

1

3

3

3

Preparation of Bidding Documents (Number of copies of Contract Documentation for each Contract for Works Packages and Goods Contracts (including all subsequent amendments issued during tender stage))

Within 2 months following up approval of Final Designs

1

20

20

4

Technical input to Bid Evaluation Report for each contract under the ToR

Within two weeks after receipt of the bids.

1

3

3

After approval of the whole services, below documents shall be delivered: 

  1. Approved drawings by the Client (3 hard copies and electronic folders) for each tender

  2. Tender Documents of all contract packages (20 hard copies and electronic folders) for each tender

    Construction Supervision & Completion and Defects Liability Stages Reporting Requirements

    1-Consultant shall prepare minutes of meetings, reports, documents, and several documents for the activities of the project. Aim of these documents is to record important milestones and activities of the project. These documents will be used to support reports for Municipality and the Client.  

    2-Below documents shall be prepared:

    2.1-Weekly minutes of meetings for each construction contract.

    2.2-Monthly report (contains summaries for the activities of construction site, supply contracts, Consultant’s Kahramanmaraş office activities).

    2.3-Quarterly reports for summarizing previous three month activities, project plan, cash flow information.

    2.3-Semi-annually progress reports to summarize previous six months covering the status of ESCP and compliance with ESMF, RF (including the performance related to subproject-specific ESIAs, ESMPs and RPs), LMP, SEP, performance of grievance mechanism and RP implementation (for the subproject including land acquisition and having a RP).

    2.4-Support the preparation of the quarterly progress reports by Municipalities’/Utilities’ Project Implementation Units (PIUs) for all sub-project sites and monitor quality of reporting throughout the duration of works.

    2.5-Construction Completion Reports.

    2.6-Final Completion of Contract Report that combines sections of contract completion report in a single report also including additional information for completion of construction works.

    Consultant shall submit his reports in compliance with the below table;  

 

No

Report

Last Submittal Date

English

Turkish

1

Monthly Progress Reports

In the first week of current month (for the past month activities) after signing of construction contract 

1

3

2

Quarterly Reports

Second week of the month after each quarter period

1

3

3

Construction Completion Report

Four weeks upon the issue of a Certificate of Completion (Taking Over Certificate).

1

3

4

Interim Inspection Reports

Two weeks following up of each interim audit in Defects Liability Period

1

3

5

Contract (Final) Completion Report

4 (four) weeks upon the issue of a Final Acceptance (Performance) Certificate

1

3

Consultant will also submit soft copies of all reports, projects and tender documents following up approval.

Those of the documents and reports not mentioned above but either specified or implied in the contract related to the Construction Supervision Stage and Completion and Defects Liability Period shall be submitted in 3 copies in Turkish and English languages each.

In relation to the ongoing stages of the Consultants Services, the submission requirements given above should be allowed by the Consultants as a guideline for the extent and type of documentation that will be required by the Client during the performance of the Services. However, the Consultants shall allow in its fee for the submission of all reports, drawings, documents, etc. either specifically requested in these Terms of Reference or those that may be implied there from and the Contractors’ contracts. The Client may however vary such requirements during the course of the Services to be performed.

Should additional copies be required extra over to those stated above or to be implied from these Terms of Reference, these shall be supplied by the Consultant(s) at the cost of reproduction of such documents, reports or drawing. Additionally, after finalizing the reports and “as built” drawings, these shall be submitted to the Client on one (1) set of CD and in the software format acceptable by the Client. Each copy shall be durably bound in a volume or volumes depending on bulk, and the transparent copies shall have a suitable protective cover/box. All copies shall be labeled in accordance with the needs of the Client.

Upon the completion of Works, the Consultants shall submit all the original copies of correspondences, documents, test results, drawings etc., relating to the Services and Works, to the Client together with indices in acceptable files and forms by the Client.

  1. Client’s Input and Counterpart Personnel:

The Client will timely provide to the Consultants the inputs and facilities, assist the firm in obtaining licenses and permits needed to carry out the services, and make available relevant project data and reports.

The following items shall be provided free of charge by the Client to the Consultants: The existing designs, maps, topographic plans, analysis results, relevant documents and reports of the design drawings etc. Consultant shall return all such drawings and documents received to the Client upon the completion of services.

In addition, the Client shall, where possible, assist the Consultants in obtaining approvals, permissions from the Municipalities and other State Authorities in respect of the Services to be performed.

The Civil Works Contractors’ bidding documents shall be arranged to incorporate clauses to provide temporary office area to the Consultants at the construction site depending on the size and location of the construction site, the size and number of rooms shall be jointly determined by the Client and the Consultant considering the needs of the Client as well. However, these will be constructed by the Contractors and will take some time. The Consultants will be fully responsible for providing their central office in Kahramanmaraş until the contractors are in place to make these site offices available. The central office shall be furnished and equipped by the Consultants, whereas the site offices shall be furnished by the Contractor.  All sort of running expenses except water and electricity (to be provided by the contractor) shall be under the Consultant’s responsibility. The Consultant shall not be required to deliver any equipment and materials provided by the reimbursable expenses and which have been used for the Services to the Client.

All local transport for the Consultants staff including the site supervisory staff shall be provided by the consultant and shall be included in the proposal submitted.

 

 


[1] According to DGMM and UNHCR, as of December 2018 there are 3.9 million refugees in Turkey. This total includes Syrians (3.6 million), Afghan (170,000), Iraqis (142,000), Iranians (39,000), Somalis (5,700), and other nationalities (11,700). 

[2] Source: Strengthening Municipal Resilience in Response to the Impact of the Syria Crisis in Turkey, 3RP

[3] The Final ESIA/EMSPs will be disclosed at KASKI’s and Kahramanmaras Metropolitan Municipality’s public network (web) pages (for Solid Waste project at the web site of Kahramanmaras Metropolitan Municipality and for Elbistan Water Supply Network and Transmission Line at KASKI) and will be attachment of RFB documents for the respective Works Contracts.