v. 13/10/2015

SECTION7. TERMS OF REFERENCES FOR ZZMiUW AND LZMiUW CONTRACTS

Table of contents

1.Background

1.1.Definitions

1.2.Purpose of the procurement

1.3.Description of Overall Project

1.4.Implementing Agencies involved

1.5.General description of this procurement

1.6.Procurement implementation rules

2.PART I. Terms of Reference of the contract to be performed for the WEST POMERANIAN BOARD FOR AMELIORATION AND WATER STRUCTURES (ZZMiUW)

2.1.The scope of the Project in the part implemented by ZZMiUW

2.2.Available data.

2.3.Consultant’s scope of tasks

2.4.TASK A. PRE-DESIGN AND DESIGN WORK

2.4.1.The scope of services associated with documentation and permits to be prepared or obtained by the Consultant

2.4.1.1.Development of preliminary studies (technical concepts)

2.4.1.2.Develop of basic studies (design for building permit, detailed design)

2.4.1.3.Completion of legal and formal studies

2.4.1.4.Completion of surveying – legal studies

2.4.1.5.Completion of geotechnical, engineering and hydrological studies

2.4.1.6.Computer software

2.4.1.7.Equipment and transport during the measurements, tests and design

2.4.1.8.Digital format of the studies

2.4.1.9.photographic documentation of the design - before works, during works and after completion works phase (including.jpg files).The protection and preservation of design and initial materials

2.4.1.10.Copyright supervision

2.4.1.11.Execution of measurements, tests, calculations and assessments

2.4.1.12.Quality control of the design

2.4.2.Scope of tasks in relation to environmental, social and land acquisition issues

2.4.2.1.Environmental and Social Assessment (EA), Environmental and Social Management Plan (EMP), ESIAs etc.

2.4.2.2.Social impact assessment and preparation of Resettlement Action Plan (RAP).

2.5.TASK B. TECHNICAL ASSISTANCE FOR THE CLIENT

2.5.1.Cooperation with Project stakeholders

2.5.2.Support in project management

2.5.3.Support in project financial management

2.5.4.Preparation of Documentation and Application for European Commission Funding.

2.5.5.Supporting in preparation and implementation of procurement proceedings

2.5.6.Support in the acquisition and take-over of properties and the preparation/update and monitoring of the Resettlement Action Plan (RAP)

2.5.7.Supporting PIU in environmental issues preparing/updating Environmental Management Plan (EMP)

2.5.8.Legal support

2.5.9.Conducting information and promotion activities

2.5.10.Translations

2.5.11.Provision of vehicles

2.6.TASK C. TO CONDUCT TRAINING FOR THE CLIENT

2.7.TASK D. ACTING AS CONTRACT ENGINEER

2.7.1.General description of the Contract Engineer duties

2.7.2.Main tasks of the Contract Engineer

2.7.2.1.Establishing contract procedures and the Project management

2.7.2.2.Reviewing existing detailed engineering designs and drawings

2.7.2.3.Construction site inspection

2.7.2.4.Monitoring Environment Management Plan implementation

2.7.2.5.Monitoring Resettlement Action Plan implementation

2.7.2.6.Control and urging production and supplies of mechanical and electric equipment

2.7.2.7.Supervision of Taking Over of the works

2.7.2.8.Preparing use and maintenance manual

2.7.2.9.Rendering of services after completion of works

2.7.2.10.Employer’s right to assistance

2.7.2.11.Special report preparation, information management

2.8.Schedules

2.8.1.Preparation of a detailed schedule

2.8.2.Schedule updating

2.9.Reports

2.9.1.Report submission and acceptance

2.9.2.Preliminary report

2.9.3.Monthly report

2.9.4.Quarterly reports

2.9.5.Special reports

2.9.6.Final report

2.10.Personnel

2.10.1.Structure and management of the Personnel

2.10.2.Key personnel

2.10.3.Other experts

2.11.Logistic and Project duration

2.11.1.Logistic

2.11.2.Contract duration and important date

2.11.3.Implementation arrangements

2.12.Monitoring and evaluation

2.13.Annexes

3.PART III. Terms of Reference of the contract to be performed for the LUBUSKI BOARD FOR AMELIORATION AND WATER STRUCTURES (LZMiUW)

3.1.The scope of the Project in the part implemented by LZMiUW

3.2.Available data.

3.3.Consultant’s scope of task.

3.4.TASK A. DESIGN WORKS

3.4.1.Review of design documentation and administrative permits

3.4.2.Update of design documentation.

3.4.3.Computer software

3.4.4.Equipment and transport during the measurements, tests and design

3.4.5.Digital format of the studies

3.4.6.The protection and preservation of design and initial materials

3.4.7.Copyright supervision

3.4.8.Execution of measurements, tests, calculations and assessments

3.5.TASK B. TECHNICAL ASSISTANCE FOR THE CLIENT

3.5.1.Cooperation with Project stakeholders

3.5.2.Support in project management

3.5.3.Support in project financial management

3.5.4.Preparation of Documentation and Application for European Commission Funding.

3.5.5.Supporting in preparation and implementation of procurement proceedings

3.5.6.Support in the acquisition and take-over of properties and the preparation/update and monitoring of the Resettlement Action Plan (RAP)

3.5.7.Supporting PIU in environmental issues and preparing/updating Environmental Management Plans (EMP)

3.5.8.Legal support

3.5.9.Conducting information and promotion activities

3.5.10.Translations

3.5.11.Provision of vehicles

3.6.TASK C. TO CONDUCT TRAINING FOR THE CLIENT

3.7.TASK D. ACTING AS CONTRACT ENGINEER

3.7.1.General description of the Contract Engineer duties

3.7.2.Main tasks of the Contract Engineer

3.7.2.1.Establishing contract procedures and the Project management

3.7.2.2.Reviewing existing detailed engineering designs and drawings

3.7.2.3.Construction site inspection

3.7.2.4.Monitoring Environment Management Plan implementation

3.7.2.5.Monitoring Resettlement Action Plan implementation

3.7.2.6.Control and urging production and supplies of mechanical and electric equipment

3.7.2.7.Supervision of Taking Over of the works

3.7.2.8.Preparing use and maintenance manual

3.7.2.9.Rendering of services after completion of works

3.7.2.10.Employer’s right to assistance

3.7.2.11.Special report preparation, information management

3.8.Schedules

3.8.1.Preparation of a detailed schedule

3.8.2.Schedule updating

3.9.Reports

3.9.1.Report submission and acceptance

3.9.2.Preliminary report

3.9.3.Monthly report

3.9.4.Quarterly reports

3.9.5.Special reports

3.9.6.Final report

3.10.Personnel

3.10.1.Structure and management of the Personnel

3.10.2.Key personnel

3.10.3.Other experts

3.11.Logistic and Project duration

3.11.1.Logistic

3.11.2.Contract duration and important date

3.11.3.Implementing arrangements

3.12.Monitoring and evaluation

3.13.Annexes

1.Background

1.1.Definitions

„Engineer” – FIDIC definition (Fédération Internationale des Ingénieurs-Conseils) refers to acompany/legal person who is employed by the Employer to perform the services described in this Terms of Reference.

„Consultants” – refers to a company/legal person who is employed by the Employer to perform the services described in this Terms of Reference. The terms Consultants and Contract Engineer could be used exchangeably.

„Works Contract” – refers to the contract described in point 2 below in this Terms of References and which are the subject of the Consultant’s supervision.

„LZMiUW”–Lubuski Zarząd Melioracji i Urządzeń Wodnych w Zielonej Górze (The LubuskiBoard for Amelioration and Water Structures in Zielona Gora)

„Project”– Odra Vistula Flood Management Project

„Works” –refer to the permanent and temporary works to be executed (including executive design, goods equipment and devices to be delivered) for the completion of the Project..

„Contractor” – refers to a company/legal person performing the Works Contract.

„ZZMiUW”Zachodniopomorski Zarząd Melioracji i Urządzeń Wodnych w Szczecinie (The West Pomeranian Board for Amelioration and Water Structures in Szczecin)

„Employer/Client”– refers toZachodniopomorski Zarząd Melioracji i Urządzeń Wodnych wSzczecinie(ZZMiUW) lub Lubuski Zarząd Melioracji i Urządzeń Wodnych w Zielonej Górze (LZMiUW), depend on the part of procurement. The terms Employer and Client could be used exchangeable.

1.2.Purpose of the procurement

The purpose of this procurement is to provide consulting services to two agencies implementing the Odra-Vistula Flood Management Project. The aim of the consulting services to be provided by the selected Consultant is to support the Client in an effective and timely implementation of the Project in the areas mentioned in these Terms of Reference or in any other areas agreed by the Parties, in close cooperation with all stakeholders and in compliance with the law and international standards applicable to this type of work. The main scope relates to preparation of detailed designs and tender documents, verification of designs, preparation of environment and social safeguard documents, and supervision services of construction works and environmental and social mitigation measures.

1.3.Description of Overall Project

The Odra-Vistula Flood Management Project (OVFMP) objectives are to increase access to flood protection for people living in selected areas of the Odra and the Upper Vistula river basins and to strengthen the institutional capacity of the government to mitigate floods more effectively. The project will provide three distinct areas with flood management infrastructure and related measures: (i) the Middle and Lower Odra; (ii) the Nysa-Kłodzko Valley; and (iii) the Upper Vistula. The project is build on the lessons learned in the ongoing Odra River Flood Protection Project (ORFPP). The project would help demonstrate new approaches and support alignment with the EU Water Framework Directive and Flood Risk Directive. The project will further strengthen the national flood forecasting and operational capability in southern and western Poland, through more advanced equipment and mathematical simulation models that will be able to inform decision-makers faster and more reliably about the need to evacuate and take precautionary measures.

The Project consist of components as follows:

  • Component 1. Protection of the Middle and Lower Odra River
  • Component 2. Flood protection of the Nysa Klodzka Valley
  • Component 3. Flood protection of the Upper Vistula
  • Component 4. Institutional strengthening and enhanced forecasting
  • Component 5. Project Management and Studies

Component 1 covers wide section of the river within the so-called free-flowing Odra from km 300+000 (below Malczyce water barrage under construction) to approx. km 740+200 (beginning of Lake Dąbie below the city of Szczecin). Component aims to enhance protection against summer floods and winter floods to the cities of Szczecin and Słubice, to the town of Gryfino, as well as other smaller towns along the river. Within Lower and Middle Odra River the most significant flood risk is posed, in winter conditions, by ice backup created when flowing ice is stopped by existing obstacles such as shallow areas in the riverbed, narrowing of the riverbed and other obstacles caused by a result of sudden changes of the river current, backwater from sea waters and northern winds, which contribute to creation of ice backup. This in turn causes damming of water and flooding of adjacent areas. The main aim of proposed tasks is to reduce possibility of creation of ice backup and to enable icebreaking which is the most efficient tool for minimizing risks of winter floods. These tasks will ensure safe passage of ice down the river and at the same time reduction of flood risk to adjacent areas. It is also necessary to protect existing residential buildings and infrastructure in selected places on the Middle and Lower Odra River by constructing new and modernizing existing flood banks. The activities will include the (re)construction of dikes, dredging in the Odra river as well as in canals and the harbor of Szczecin, and river training works, that is, the recalibration and (re)construction of groynes and lateral submerged dams in the river, restoration of bends, and protection of banks. In addition, five bridges need to be raised to facilitate safe passage of the icebreakers underneath, and navigation and mooring facilities need to be expanded. A key activity concerns the revitalization of the Międzyodrze wetland, upstream of Szczecin harbor, to help accommodate water surges and, at the same time, restore some of the ecological and touristic functions of the habitat.

Component 2 will protect Kłodzko town and other small valley towns, as well as the city of Bardo at the outlet of the valley. The component comprises the construction of four mid-sized dry polders (‘active protection’), dike rehabilitation and construction, and reconstruction of the river alignments and embankments, as well as of bridges and other structures (‘passive protection’), to allow the temporary retention and safe passage of flood waves. In addition, the works will have significant downstream benefits because the four new dry polders will increase the buffer capacity in the valley which will cause reduction of the crest of peak flows in the two downstream reservoirs, and lower the crest along the Nysa river downstream towns as well as the Wrocław conurbation; the Nysa is the main tributary of the Upper Odra.

Component 3 intends to protect the Cracow and Nowa Huta conurbation and industrial area, the Sandomierz-Tarnobrzeg industrial and agricultural area, and selected towns on tributaries in the sub-basins of the San and Raba rivers. The works comprise (i) the reconstruction and extension of dikes and embankments along the Vistula; (ii) the bank stabilization and strengthening with rip-rap, revetments, and so on; (iii) the construction of dry polders and overflow areas to increase upstream water retention; (iv) interventions for river training; and (v) the adjustment of existing weirs and barrages to pass larger flood waves. Planned tasks cover the following: (i) Flood Protection of Cracow and Wieliczka, (ii) Protection of Sandomierz and Tarnobrzeg; (iii) Raba Sub-basin Passive and Active Protection; (iv) San, Wisłoka and Dunajec Sub-basins Passive and Active Protection. Through Component 4 additional support will be provided for the preparation of main parts of the River Basin Management Plan and the investment prioritization plan for the Upper Vistula, applying the methodologies for Integrated Water Resources Management to complex investments with large footprint.

Component 4 selectively support the strengthening of institutional capacity in priority areas: (i) enhancing the emergency preparedness along the main rivers and their tributaries in south and west Poland by enhancing the forecasting and operational water management capacity; (ii) strengthening the procedures and capacity to prepare River Basin Management Plans and investment prioritization plans that are compliant with the EU WFD and FD; (iii) strengthening the impact monitoring; and (iv) enhancing the communication capabilities. The assistance to applying integrated water resources management and investment scenario analysis for river basin management planning and management and investment prioritization will be focused on the Bóbr-Kwisa River, the Upper Vistula part that is upstream of Cracow (including the Cracow passage), the San catchment, the Raba catchment, the Wisłoka catchment and the Dunajec catchment. Impact monitoring will take the form of developing procedures and guidelines for and conducting surveys for disaggregated analysis of flood impacts and flood protection impacts. The activities comprise installing new-generation telemetric weather stations and modernizing the POLRAD (Polish national weather radar) network, expanding and upgrading the hydrological stations, incorporating better-performing simulation software, and improving of flash flood forecasting. The forecasting capability and the establishment of operation centers will be carried out at the RZGWs of Wrocław and Cracow, and the IMGW-PIB. The operations centers are control rooms that on one hand will mine forecasting data, simulate likely run-off scenarios, and support early warning and decision support processes for emergency response; and on the other, operate infrastructure such as weirs, reservoirs, and dry polders to manage the containment and release of flood waves.

Component 5 will fund the Project Coordination Unit (PCU) operation and Technical Assistance teams for the PCU and PIU’s operation, office equipment, and incremental operating costs. As part of the component is planned to prepare follow-up investments and the preparation and implementation of a project-based communication strategy.

1.4.Implementing Agenciesinvolved

The Project will be implemented by Regional Water Management Agencies (RZGW), Voievodship’s Boards of Amelioration and Water Structures (ZMiUW), Institute of Meteorology and Water Management (IMGW). For implementation of components will be responsible the following units:

Project Components / Unit
1.Protection of the Middle and Lower Odra River
1A Flood protection of areas in Zachodniopomorskie Province. / Zachodniopomorski ZMiUW
1BProtection of the Middle and Lower Odra / RZGW Wrocław
RZGW Szczecin
Lubuski ZMiUW
1C Flood protection of Słubice City / Lubuski ZMiUW
2. Flood protection of the Nysa – Klodzka Valley
2A Active protection / RZGW Wrocław
2BPassive protection / RZGW Wrocław
3. Flood protection of the Upper Vistula
3A Protection of Upper Vistula Towns and Cracow / Małopolski ZMiUW
3BProtection of Sandomierz and Tarnobrzeg / Świętokrzyski ZMiUW
Podkarpacki ZMiUW
3CPassive and active protection in Raba sub-basin / Małopolski ZMiUW
3DPassive and active protection in San basin / Podkarpacki ZMiUW
4. Institutional strengthening and enhanced forecasting / IMGW
RZGW Wrocławiu
5. Project management and studies / PCU Wrocław
Świętokrzyski ZMiUW
Małopolski ZMiUW
Podkarpacki ZMiUW
Zachodniopomorski ZMiUW
Lubuski ZMiUW
IMGW
RZGW Wrocław
RZGWSzczecin

1.5.General description of this procurement

This procurement relates to consulting services that will be provided by one Technical Assistance Consultant selected using the Quality- and Cost-Based Selection method in accordance with the World Bank procedures. This procurement process will be carried out by the following institutions:

West Pomeranian Board for Amelioration and Hydraulic Structures (ZZMiUW);

Lubuskie Board for Amelioration and Hydraulic Structures (LZMiUW).

These Terms of Reference consist of two parts. Part I relates to the scope of work that will beperformed under a contract entered into between the Technical Assistance Consultant and ZZMiUW. Part II relates to the scope of work that will beperformed under a contract entered into between the Technical Assistance Consultant and LZMiUW. The Consultant should prepare a technical and financial proposal containing a separate technical description and a separate valuation for either of the parts of this procurement.

1.6.Procurement implementation rules

The Technical Assistance Consultant selected in the procurement process will sign separate contracts with either of the agencies, i.e.:

West Pomeranian Board for Amelioration and Hydraulic Structures (ZZMiUW);

Lubuskie Board for Amelioration and Hydraulic Structures (LZMiUW).

Under each contract, the Consultant will provide on an ongoing basis the personnel referred to, respectively, in Part I, clause 2.10 and Part II clause 3.10 of these Terms of Reference.

The Consultant will provide separate key personnel for each team assigned to the contract with the particular Board for Amelioration and Hydraulic Structures (ZMiUW), unless the Parties to the contract agree otherwise during the performance of the contract for the good of the Project.

The Consultant is obliged to ensure cooperation between the team members, in particular between the Project Managers, including among others with regard to accounting for services performed by the personnel that will be approved by the Client(s) and will perform the tasks under the two contracts.

2.PART I. Terms of Reference of the contract to be performed for the WEST POMERANIAN BOARD FOR AMELIORATION AND WATER STRUCTURES (ZZMiUW)

2.1.The scope of the Project in the part implemented by ZZMiUW

The main purpose of flood management in the Project area is to build an integrated water management system in the Odra River basin that will incorporate aspects such as flood protection of areas adjacent to the Odra River, the preparation of preventive land use plans, protection of the cleanliness of the river waters, and conservation of the environment and cultural heritage.