SERBIA. JSC Serbian Railways. Terms of Reference for Lender s Monitor Advisor

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1 SERBIA JSC Serbian Railways Terms of Reference for Lender s Monitor Advisor 1. BACKGROUND The European Bank for Reconstruction and Development ( EBRD ) has been working with Zeleznice Srbije / JSC Serbian Railways ( JSCSR ) since Following the unbundling of JSCSR in August 2015, three new operating companies, all fully owned by the state, were created: JSC Infrastructure of Serbian Railways ( SR Infrastructure ), the network manager, (ii) JSC Serbia Cargo ( Cargo ), the freight operator, and (iii) Srbija Voz AD / JSC Serbia Voz ( Serbia Serbia Voz ), the passenger operator. The EBRD has subsequently reallocated its active loans to the operating companies. The following Bank-funded projects are currently under implementation: SR Infrastructure JSC Serbia Railways I The project is composed of eight components: 1. Reconstruction and modernization of the section Junction G - Rakovica Resnik. This component includes renewal works (track work, over-line electrification, signalling and telecoms) on a 7.4 km long section Belgrade Rakovica - Resnik. This component has been contracted in December Construction works started in March 2017, and contract is ongoing. 2. Reconstruction of the section Jajinci - Mala Krsna (Lot 1) and Rehabilitation of the station Mala Krsna (Lot 2). LOT1 comprises reconstruction of 64.2 km of main line route, including both track work and signalling infrastructure. The existing track work is to be removed and repairs carried out to the formation, which is to be reinforced using a geogrid and a filter (buffer) layer. The reconstruction of the overhead contact line ( OCL ) will include electric substations/transformers which will be placed on the OCL supporting structures, and new switches and shunts, and the current track circuit based detection system is to be replaced with axle counters. LOT2 comprises reconstruction of the Mala Krsna station, which has nine station tracks and four platforms, and track renewal, station works, signalling telecoms and electric traction on a 2.5 km long section. The station is a key location on the railway network with four tracks converging. All track work is to be renewed Page 1

2 and replaced with rail on concrete sleepers with elastic fittings. The drainage system is to be cleared and renewed as required, and a geogrid with a buffer layer is to be installed below the new track work. Two level crossing structures are to be renewed using rubber crossing sections. The existing track circuit based detection system is to be replaced with axle counters and data processing equipment. Signal post installations will be replaced as necessary due to their poor condition or the effect of adjacent works. New signalling cable will also be installed where existing equipment is affected by civil engineering works. The existing telecoms cables will be relocated with new material and new concrete ducting installed as required by the proposed track work. The existing obsolete power supply and associated equipment will be replaced with the new equipment. Tender was launched in June 2018, and contract awarded is expected in September Rehabilitation of electro-technical infrastructure. This component focuses on the rehabilitation of the electrical infrastructure on the lines of railway node Belgrade and sections Stara Pazova - Sid, Resnik Lapovo, and Mala Krsna - Velika Plana. The open single stage tender is to be launched in June 2018, and contract awarded is expected in November Procurement of tamping machines. This component includes purchase of new tamping machines. The open single stage tender is to be launched in November 2018 and contract award is expected in February Procurement of new track measuring car. This component includes purchase of a new track measuring car. SR Infrastructure had two such examination coaches in its fleet, one of which was suitable for use only on high speed lines, while the other is over 30 years old. The open single stage tender was launched in July 2017, and the contract was awarded in December Procurement of heavy-duty gang cars for OCL maintenance. This component includes procurement of five new heavy-gang cars for maintenance of the overhead contact line ( OCL ) electrification system. The open single stage tender was launched in August 2017, and the contract was awarded in February Timetabling information system: The open single stage tender is to be launched in June 2018 and contract award is expected in November Supervision of Works (FIDIC Engineer) under components 2+3. The competitive selection was launched in May 2018, and the contract award is expected in November Page 2

3 Serbia Voz JSC Serbia Railways II The project comprises refurbishment of 5 electric multiple units ( EMUs ) of JSC Serbia Train. The tendering process was completed in October 2017 and the contract was awarded in November Physical completion is expected by the end of Serbia Voz TPS Zemun project The project includes expansion and upgrade of the Zemun Technical Passenger Station ( TPS Zemun ), including construction of maintenance facilities for modern Swiss made EMUs. Redevelopment is planned to be delivered in two phases, with the facilities for the EMUs and loco-hauled coaches forming Phase 1, costing EUR 30 million and new maintenance facilities, reception roads and auxiliary infrastructure costing EUR 17 million for a total of EUR 47 million. The Bank is currently considering extending the loan for additional EUR 5 million for acquisition of various Management Information Systems for Serbia Voz. Cargo Serbian Railways Corridor X I The project includes two components: i) purchase of up to 8 new electric locomotives for EUR 32 million, and ii) refurbishment of 31 locomotives for EUR 32 million new electric locomotives: This component includes the purchase of 8 new multi-system locomotives. Contract concluded in May 2018, completion expected in February Refurbishment of 31 locomotives: This component is likely to be replaced by another component; decision is to be made in Q The projects components will be implemented by Project Implementation Units ( PIUs ) established within railway companies. The Bank now wishes to engage a Lender Monitoring Advisor ( LMA ) to assist the Bank in monitoring the implementation of these rail projects in Serbia, with the tasks for each project to be specified and agreed between the Bank and the Consultant on ad-hoc bases. 2. OBJECTIVES The objectives of the Assignment are to assist the Bank: (a) Monitor tender evaluation and contract award; Page 3

4 (b) Monitor and audit the performance of the clients and their consultants; (c) Monitor the implementation of the contracts on behalf of the Bank; (d) Monitor the implementation of mitigation measures included in the Environmental and Social Action Plan, EBRD Performance Requirements (PR s) compliance with EU Environmental, Health and Safety (EHS) requirements; and (e) Identify any key problems which may threaten the successful implementation of the Project so that corrective action can be taken. 3. SCOPE OF WORK AND TASKS OF THE CONSULTANT The Consultant will be required to undertake the following tasks, as required by the Bank: Tendering and contract award: Monitor the tendering process and contract awards including review of the Tender Documents and the Tender Evaluation Reports, as required, ensuring compliance with the Bank s Procurement Policies and Rules (May 2009). The Consultant should bring to the attention of the Bank any perceived irregularities/non-compliance. Quarterly site visits according to the agreed with the Bank schedule: Undertake quarterly or semi-annual, as agreed with the Bank, site visits to the Project sites in order to get an overview of the progress of the project to date and the management and monitoring of EHS issues on site by the contractors and the PIU. Review progress reports received from the PIU and the Supervision Consultant during implementation of the Contract. Review, evaluate and comment upon progress reports provided by the PIUs and the supervision consultants which are to be provided to the Bank. The Consultant will also compare the progress reports with the actual progress on the site of the Contract. The Consultant will also be required to review and comment upon any Change or Variation Orders and Contractor s Claims. Review project documentation. Review on a sample basis, payment certificates, test results, and other relevant project documentation. The Consultant will compare the project documentation with the actual works carried out on site. Page 4

5 During the entire assignment, the Consultant will pay special attention to: Risks Evaluate whether the project risks are being properly identified and managed. Critical Issues Alert the Bank to any emerging problems which have the potential to jeopardise the achievement of the project objectives and advise the Bank on timely appropriate corrective measures. Performance of Project Parties Monitor the performance of the railway department of the Ministry of Transport and Energy, Serbian Railways, supervision consultants and contractors and other parties involved in the implementation of the projects and comment on compliance with their respective obligations and duties. Project Implementation Arrangements Monitor and report on the functioning of the project implementation arrangements including the project organisation, staffing and project management systems. Quality Control Monitor and confirm that adequate quality control/assurance systems are in place and functioning properly. Confirm that there is no evidence of any material problems with current or expected future quality and that the projects are likely to meet the specified technical performance requirements at the time of operation. Progress Control Monitor and report on project progress including progress in design, procurement and construction. Verify and confirm that an adequate progress control system is in place and functioning properly. Report on actual progress versus the original plan. Highlight the implications for meeting the overall target completion dates and confirm whether or not dates and deadlines are likely to be kept/achieved. Where possible provide quantitative measurements (e.g. percent complete ) and use appropriate presentation formats (e.g. tables, Gantt charts, S-curves, etc.). Cost Control Page 5

6 Monitor and report on any increase in project costs and in particular any increase in costs pertaining to the issuance of variation orders. Intervention If required, assist the Bank in negotiations with the PIU to achieve the required corrective action. Disbursements and Cash Flow Review past payment certificates and disbursements, and confirm that they are in compliance with the Loan Agreements (e.g. used for the purposes for which they were intended). Present a report showing disbursements and overall project cash flow. Completion Advise the Bank on whether the completion and acceptance procedures have been appropriately carried out and whether the project completion criteria specified in the Loan Agreements have been met. Project Documentation Confirm that all relevant Project documents, including as built drawings, manuals, etc., have been properly assembled, collated, indexed and handed over to the PIU. Covenant Compliance Report on compliance with the covenants in the Loan and Guarantee Agreements, relating to the contracts, during the construction phase. Environment, health and safety Report on compliance with the Environmental and Social Action Plan ( ESAP ), EBRD PR s and EU EHS requirements. 4. DELIVERABLES AND OUTPUT The Consultant shall submit a regular quarterly progress reports in the English language to the Bank. The exact contents and structure of these reports shall be agreed between the Consultant and the Bank prior to submission of the first report. The reports shall present a comprehensive overview of the projects in a concise and accurate manner, with the aim of highlighting problems and exceptions. Where possible, the consultant shall use formats which present the overview at Page 6

7 a glance, with the appropriate backup material following. As a minimum the Consultant s progress report shall include: Executive summary, including critical issues, conclusions and recommendations; Issues on project quality; Issues on project progress; Issues on project cost; Contractual issues (including details of Change/Variation Orders and Contractor s Claims); Contractor payments, project disbursement (including updated disbursement forecasts) and cashflow; Environmental, Health and Safety compliance; Loan Agreement Covenant compliance; Review of Project Risks (in the form of a Risk Register ). The Consultant shall prepare a Draft Final Report after the implementation of the contracts is completed. After submission of the Draft Final Report, the consultant will be available to the Bank to discuss the findings and recommendations. Afterwards, the Consultant will prepare and submit the Final Report. 5. IMPLEMENTATION ARRANGEMENTS The Consultant will only report to the Bank, i.e. Nino Marshania (marshann@ebrd.com) and Yulia Martyushina (martyusy@ebrd.com). The Consultant will undertake a site-visit every quarter and will report within two weeks thereafter. Page 7