45 Section 5. Terms of Reference INTRODUCTION The contract for Construction of 28 km of dual two lane motorway on a new alignment between Demir Kapija and Smokvica (including besides earth works on cuts and embankments, 2 (two) double tube tunnels above 1 km length, 6 (six) bridges and 2 (two) interchanges, 5 (five) overpasses, 7 (seven) underpasses, other related constructions that are defined in the Design Documentation), will be d through loans from EIB and EBRD and IPA Grant funds. ‘This link forms part of Corridor X on the extended TENT south eastern axis. The Contract that concems the “Technical Assistance for the implementation of road projects along Corridor X in FYR of Macedonia ~ Section Demir Kapija ~ Smokvica” will be as part of the EIB loan. Pan-European Corridor X is a key transport route linking South-ast Europe with Central Burope through the Western Balkans. The strategic importance of this corridor has been ‘emphasized on several occasions, most recently as part of the South-Eastern Axis identified in 2004 by the EC High Level Group on extensions of the major TEN-T axes to neighbouring countries. It is also part of the “South-East Europe core transport network" identified in a Memorandum of Understanding between the EC and governments within the Westen Batkans in 2004, ‘The main part of Corridor X links Salzburg with Thessaloniki through Ljubljana, Belgrade and Skopje. It is approximately 1,500 kilometres long, served by multi-lane motorways for approximately 85% of its length. This is set to rise to around 90% as the remaining Slovenian and Croatian sections are completed. One significant ‘missing link’ remains in Serbia, just south of Nis to the border with FYR of Macedonia (approximate) 100 km). Two missing links remain in FYR of Macedonia. One concerns a short stretch (from border ross ‘Tabanovee to Kumanovo in total length of 7,62 km, which currently is in final phase of construction) in the north of the country: a fitst set of construction works on this missing link have been financed by the World Bank, The project covers the other missing link: an approximately 30km stretch between Demir Kapija and Smokvica. Motorways in the country are currently operated and maintained by Makedonija Pat (MP), a public enterprise employing about 1.700 staff, which directly contracts with ASR on an annual basis to provide toll collection as well as routine and winter maintenance The 2007 National ‘Transport Strategy envisages the re-organization and subsequent privatization of MP with a view to creating a competitive market for road maintenance and operation. It is assumed that by the forecast time for completion of the project, the market for road ‘maintenance will be competitive. Consideration is currently being given to vatious options for managing the motorway network, with the aid of technical assistance, ‘The European Commission requires that the contracts being part funded by the IPA grant (the main civil works and supervision consulting contracts) be implemented in accordance with the rules and procedures established under Commission Regulation 718/2007 as well as otherSection 5 ~ Terms of Reference 46 related documentation that has been agreed with the Delegation, These services will be performed in the context of such rules and procedures. Geographical area to be covered: ‘The Services will be delivered primarily in Skopje with site visits as required. 2, OBJECTIVES OF ASSIGNMENT Overall objective The objective of this project is the selection and engagement of a qualitative technical assistance team for the PIU within the Agency for State Roads in the FYR of Macedonia to ensure that roads and infrastructural construction contracts along Corridor X motorway (section Demir Kapija - Smokvica) will be properly implemented in time, respecting EU standards and within the forecast budget. The consultant will ensure that procurement procedures are consistent with the requirements and rules of the EU and the IFIs, and controls are exercised through FIDIC contracts assuring the performance, quality and safety of the works including financial control and progress of the works. Purpose The purpose of this contract is to support the PIU in implementation of infrastructure works along Corridor X in FYR_of Macedonia and to increase the capacity of staff from the Ageney for State Roads (ASR) in the development, evaluation, implementation, monitoring and supervision of this infrastructure contract financed by the IPA Programme and relevant IFI’s, Results to be achieved by the Consultant The results to be achieved by the Consultant are referred to the proper and smooth implementation of the following tasks: 1. Assist the ASR to manage and supervise works and supervision contracts and to provide quality assurance as per the EC requirements, 2. Enhanced capacity of the ASR staff in the design, management, monitoring and supervision of major infrastructure projects in accordance with EU standards and procedures, 3. Assist the ASR in all Environmental issues related to monitoring the implementation of the Environmental monitoring plan, monitors the implementation on the mitigation measures foreseen with the EMP, on the site visit (Whenever is needed), providing assistance to the PIU in preparation of reports related to the environment, and all other environmental issues that can appear during the project implementation,Section 5 ~ Terms of Reference a7 4, Assist the ASR in drafting and adopting procedures and practices for the motorway management, operation and maintenance plan along Corridor X, 5. Assist ASR in Tender evaluation process (as a member of the Evaluation Committee ifneeded).. 6. Increased co-operation between staff within ASR, sumptions Assumptions underlying the project intervention 1, Support and commitment of central government and of ASR’s top management 2. Stable political and social environment Availability of projects of a satisfactory quality 4. Local counterparts participate in project implementation and assume management responsibilities and assign staff to the project for training and management 5. Relevant authorities issue all necessary permits for construction and land expropriation, ‘The Consultant shall ensure that risks are identified, recorded and regularly submitted to the Contracting Authority and the Steering Committee for consideration. A tisk management cycle must be included in the Methodology of the bid and farther developed in the inception report, clearly specifying who, how and when will deal with risks and take the necessary decisions at different management levels. The following are Key risks to be taken into account: 1, Lack of communication and good cooperation between the involved relevant stakeholders ‘and counterparts; 2. Employer decision delays; 3. Delays in providing necessary project documentation to the relevant stakeholders (HOS/PA Coordinator) in the process of obtaining a Construction permit, urban plan amendments for the Project Construction of the remaining link along the Corridor X to the level of motorway, section Demir Kapija - Smokvica for the purpose of completion of the whole procedure in due time; ‘No sufficient support staff needed for realization of the Project and etc, An initial analysis of risks will be carried out by the Consultant during the inception period, Specific activities The Consultant shall undertake the following specific activities or tasks. Tasks 1, 2 and 3 shall be delivered in succession, while Task 4 shall be carried out during the wholeSection 5— Terms of Reference 4B implementation period of the contract, The Final Work-plan will be agreed during the Inception Phase with the ASR. Task 1: Provide assistance until the awarding phase of the main Works and Supervision contracts. The activities shall include but not limited to: 1. Assist ASR in the awarding phase of the main civil works contracts and supervision contracts, 2, Attend all the pre-tender meetings as technical adviser (if applicable), 3. Assist and enhanced the capacity of the Evaluation Committee in the evaluation of Works and Supervision Tenders (as a member of the Evaluation Committee/if needed) and drafting the related Evaluation Reports, Task 2: Provide assistance during contracts management. The activities shall include but not limited to: 1. Assist the ASR during negotiation and contract signing of civil works contracts and supervision contracts, Draft replies to queries from EIB/EBRD and European Union Delegation during the procurement process, 3. Assist ASR adopting a monitoring plan and reporting system for the management of operations on the utility facilities, 4. Assist ASR in the administration of services/works contracts or other administrative procedures related to pre-construction phase and site cleaning up activities, 5. Draft terms of reference/budget estimate for any unforeseen services required during the pre-construction period. 6. Advise on all pre-construction activities that may affect the Contractor and Consultant activities, e.g, access to sites, construction permits etc... 7. Assist ASR in preparation of road and tunnel safety audits as well as the preparation, delivery and commissioning of tunnel safety contro! systems; 8. Assist the ASR in all Environmental issues related to. monitoring the implementation of the Environmental monitoring plan, monitors the implementation on the mitigation measures foreseen with the EMP, on the site visit (whenever is needed), providing assistance to the PIU in preparation of reports related to the environment, and all other environmental issues that can appear during the project implementation. 9. Approve administrative documents submitted by Contractor and Consultant during tender process (i.e. bond guarantees and insurances etc...) 10. Check the correct implementation of the rules and procedures established under the FIDIC conditions of contracts 11, Advise ASR on the need to amend contracts signed with Contractor and Consultant 12, Review and Comments the Consultant's monthly reports and advise ASR on actions to be taken in order to solve pending issues,