Service contract for the concept design and consultancy services for the regeneration of Marsaskala by Malta Tourism Authority

MTA/4001/2020 Service contract for the engagement of an Integrated Design Team for the urban regeneration of Marsaskala.

Attard Stephanie at MTA Malta Tourism Authority Ministry for Tourism & Consumer Protection

Contents SECTION 2 – SPECIAL CONDITIONS ................................................................... 6 Article 2: Notices and Written Communications ..................................................... 6 Article 5: Supply of Information........................................................................ 6 Article 6: Assistance with Local Regulations ......................................................... 6 Article 7: Obligations of the Contractor .............................................................. 6 Article 13: Medical, Insurance and Security Arrangements ........................................ 7 Article 14: Intellectual and Industrial Property Rights.............................................. 7 Article 15: Scope of the Services ...................................................................... 7 Article 16: Personnel and Equipment ................................................................. 7 Article 18: Execution of the Contract ................................................................. 7 Article 19: Delays in Execution ......................................................................... 9 Article 20: Modification of the Contract .............................................................. 9 Article 21: Working Hours ............................................................................... 9 Article 22: Information .................................................................................. 9 Article 24: Interim and Final Progress Reports ....................................................... 9 Article 26: Payments and Interest on Late Payment ...............................................10 Article 39: Further Additional Clauses ...............................................................10 SECTION 3 – TERMS OF REFERENCE ............................................................... 11 1. Background Information ....................................................................... 11 1.1 - Beneficiary Country ............................................................................11 1.2 - Central Government Authority ...............................................................11 1.3 - Contracting Authority ..........................................................................11 1.4 - Relevant Country Background ................................................................11 1.5 - Current State of Affairs in the Relevant Sector ..........................................12 1.6 - Related Programmes and Donor Activities .................................................12 2. Contract Objectives and Expected Results................................................. 12 2.1 - Overall Objectives ..............................................................................12 2.2 - Specific Objectives..............................................................................13 2.3 - Results to be Achieved by the Consultant..................................................15 3. Assumptions and Risks ......................................................................... 18 3.1 - Assumptions Underlying the Project Intervention ........................................18 3.2 – Risks ...............................................................................................18 4. Scope of the Work .............................................................................. 19 4.1 – General ............................................................................................19 4.2 - Specific Activities ...............................................................................20 4.3 - Project Management ............................................................................22 5. Logistics and Timing ............................................................................ 23 5.1 – Location ...........................................................................................23 6. Requirements .................................................................................... 23 6.2 – Accommodation ..................................................................................25 6.3 - Facilities to be provided by the Consultant ...............................................25 2

6.4 – Equipment ........................................................................................25 7. Reports ............................................................................................ 25 7.1 - Reporting Requirements .......................................................................25 7.2 - Submission & approval of progress reports ...............................................25 8. Monitoring and Evaluation .................................................................... 26 8.1 - Definition of Indicators ........................................................................26 TECHNICAL OFFER.................................................................................... 27 SECTION 5 – SUPPLEMENTARY DOCUMENTATION ............................................... 28 5.2 – Glossary ........................................................................................ 28 5.3 – Specimen Performance Guarantee ......................................................... 28 5.7 – General Conditions of Contract ............................................................. 28

This contract is concluded between _________ __________ (herein after called “The Contracting Authority”) on the one part, and _________ __________

on the other part. 1.

In this contract words and expressions shall have the meanings assigned to them in the contractual

conditions set out below. 2.

The subject of this contract is the engagement of an Integrated Design Team for the Service contract

for the engagement of an Integrated Design Team for the urban regeneration of Marsaskala 3.

The place of acceptance of the services shall be Marsaskala, the time-limits for delivery shall be

end 2024 (or until project is completed, whichever comes last), and the INCOTERM2010 applicable shall be Delivery Duty Paid (DDP). 4.

The following documents shall be deemed to form and be read and construed as part of this contract,

in the following order of precedence: •

this Contract Agreement (including the Special Conditions and Terms of Reference);

•

The General Conditions for Service Tenders V4.2

• • •

The Design Contest Document as published and Design Documentation (including any clarifications made during tendering period); The Technical Offer; the Financial Offer (after arithmetical corrections/breakdown); and

•

Email Trails and other Documents (related to the subject of the contract).

Clarifications and Addenda shall have the order of precedence of the document according to the article they are modifying. 5.

In consideration of the payments to be made by the Contracting Authority to the Contractor as

hereinafter mentioned, the Contractor undertakes to execute and complete the contract in full compliance with the provisions of the contract.

The Contracting Authority hereby agrees to pay the Contractor in consideration of the execution of

the contract and remedying of any defects therein of € ________ (__________ Euro) including Taxes, Other Duties & Discounts but excluding VAT, or such other sum as may become payable under the provisions of the contract at the times and in the manner prescribed by the contract. VAT shall be paid in compliance with National Law (in particular the VAT Act 1998, the Act No X of 2003, Act XV of 2016 and relevant Legal Notices). 7.

The Contractor hereby agrees to submit to the Contracting Authority a performance guarantee

amounting to €….. equivalent to 4% of the total contract value. 8.

In witness whereof the parties hereto have signed the contract. This contract shall take effect on

the date on which it is signed by the last party or the date of the Letter of Intent (whichever date comes the earliest). The provisions of this contract are without prejudice to the obligations of the Contracting Authority in terms of the Freedom of Information Act (Cap. 496 of the Laws of Malta). The Contracting Authority, prior to disclosure of any information to a third party in relation to any provision of this contract, which has not yet been made public, shall consult the Contractor in accordance with the provisions of the said Act, pertinent subsidiary legislation and the Code of Practice issued pursuant to the Act. Such consultation shall in no way prejudice the obligations of the Department of Contracts in terms of the Act. Done in English in two originals: one for the Contracting Authority, and one for the Contractor. Contractor:

Contracting Authority:

......................…..................................

Signed by:

......................…..................................

...............................….........................

In the capacity of:

...........................….............................

.....................................................…...

Being fully authorised by and acting on behalf of

.................................................….......

...….....................................................

Date: ....................................................

SECTION 2 – SPECIAL CONDITIONS These conditions amplify and supplement, if necessary, the General Conditions governing the contract. Unless the Special Conditions provide otherwise, those General Conditions remain fully applicable. The numbering of the Articles of the Special Conditions is not consecutive but follows the numbering of the Articles of the General Conditions. Other Special Conditions should be indicated afterwards. Article 2: Notices and Written Communications 2.2

Further to the provisions of Art. 2.2 of the General Conditions, the Contracting Authority shall, upon signing of contract and submission of the Performance Guarantee by the Contractor, notify the names of the Supervisor/Project Leader and any other authorized representative of the Contracting Authority, specifying the relative addresses and relevant contact information. The Contracting Authority shall appoint a single point contact to act as Project Leader. The Project Leader may issue to the Contractor instructions at any time. The Contractor shall only take instructions from the Project Leader, or from his/her representative to whom the appropriate authority has been delegated. All formal communication between the Contractor and the Contracting Authority and/or all submissions, shall pass at all times and unless otherwise stated, through the Project Leader, and must be accompanied by the respective forms, as applicable (refer to Annex I). All written correspondence to the Contracting Authority is to be addressed as instructed by the Contracting Authority.

3.1-4

Article 3: Assignment Without prejudice for the content of Article 3, the Contractor shall not be allowed to assign any part of the services. Article 5: Supply of Information

5.1

Further to the provisions of the General Conditions, when the Contractor requires information from the Contracting Authority, the Contractor is to submit a compiled "Request for Information" form (RFI), as per template provided. The Contracting Authority shall supply the Contractor with the requested information in due time. Article 6: Assistance with Local Regulations

6.1

The responsibility for arrangements identified under Art. 6.1 of the General Conditions (i.e. obtain copies of laws, regulations, and information on local customs, orders or bylaws of the country in which the services are to be performed etc.) shall rest entirely upon the Contractor.

6.2

The responsibility for arrangements identified under Art.6.2 of the General Conditions shall rest entirely upon the Contractor. Article 7: Obligations of the Contractor

7.8

The Contractor shall, within 15 calendar days of receipt of the contract, sign and date the contract and return it together with a copy of the Performance Guarantee. The Contractor is further obliged to forward the original performance guarantee to the Contracting Authority. The Contracting Authority will not affect any payment to the contractor until the performance guarantee is submitted. The Performance Guarantee amounting to 4% of the contract value will be held against payment to the Contracting Authority for any loss resulting from the Contractor’s failure to perform his contractual obligations fully and properly.

Article 13: Medical, Insurance and Security Arrangements 13.3

Further to the provisions of the General Conditions, the Contractor shall take on a Professional Indemnity Policy of a value equivalent to the contract sum. Such policy shall, inter alia, cater for compensation to the Contracting Authority for any damages, which it may incur as a result of any operations undertaken on site, and eventual defaults, errors or miscalculations or any cost overruns which are attributable to such defaults, errors or miscalculations. The Professional Indemnity Policy shall remain valid up until completion of all obligations under the contract. Article 14: Intellectual and Industrial Property Rights

14.1

All reports and data including but not limited to maps, diagrams, drawings, specifications, contract documents, plans, presentations, statistics, calculations, databases, software and supporting records or materials etc. acquired, compiled or prepared by the Contractor in the performance of the contract shall be the absolute property of the Contracting Authority. When so requested by the Contracting Authority during the performance of this Contract, the Contractor shall, deliver such documents and data to the Contracting Authority. All other documents or data relating to this contract which have not been submitted by the Contractor to the Contracting Authority during the performance of this contract shall be submitted to the Contracting Authority upon completion of the contract. Soft copies of drawings are to be submitted in ACAD. The Contractor may not retain copies of such documents and data and shall not use them for purposes unrelated to the contract without the prior written consent of the Contracting Authority. The Contractor may not retain copies of such documents and data, unless otherwise stipulated in relevant legislation, and shall not use such documents or data for purposes unrelated to the contract without the prior written consent of the Contracting Authority. Furthermore, the Contracting Authority shall have absolute intellectual property on the storyline(s) and research carried out with respect to the Project. Article 15: Scope of the Services

15.1

The scope of the services is defined in Section 3 (Terms of Reference) Article 16: Personnel and Equipment

16.3

As per General Conditions.

16.4

The Contractor shall forward to the Contracting Authority within 10 days from the signature of the contract by both parties, a detailed Programme of Works (Implementation Schedule) for approval. Article 17: Replacement of Personnel

17.1

It shall be possible for the Contractor to make changes in the personnel agreed under the terms of the contract with prior approval of the Contracting Authority, which may oppose such a change. Article 18: Execution of the Contract

18.1

The contract shall commence on the last date of signature of contract.

18.2

Further to the provisions of the General Conditions, the overall duration of this contract is being taken as end 2024 [and extended automatically until the relevant phases included with the project are complete] from date of commencement;

Article 19: Delays in Execution 19.2

Further to the provisions of the General Conditions, the Contractor shall incur a daily penalty of delay of €500 per day’s delay, up to a limit of 50% of the total price.

19.4

Besides the penalties for delay envisaged in the General Conditions and Art.19.2 of the Special Conditions and without prejudice to all his other liabilities arising out of the contract, the contractor shall also become liable to a penalty if the rate of progress of the work throughout the contract period is not satisfactory. During the Design (concept design)/ Tender preparation phase, the contractor shall be considered to be in default if he fails to respect the dates for milestones for this phase agreed upon as per submitted and approved Programme of Works (Implementation Schedule) being asked for under Art.16 above (e.g. if he fails to submit deliverables such as designs/drawings, tender related documents, reports etc. as per milestone indicated in the approved Implementation Schedule) and if he fails to carry out every month at least 70% of the estimated monthly average progress. For the purpose of assessing such monthly average progress the value of the design phase of the contract (being taken as equivalent to 40% of the total contract value) shall be divided by the number of months stipulated in the contract period (as stated in the agreed upon implementation schedule) for the design phase. Within each month of the design phase the contractor should complete works whose value is equivalent to the average progress obtained as above. Should the contractor’s progress fall below the minimum percentage progress or should he fail to respect dates for previously agreed upon milestones, he will become liable to a penalty equivalent to 2% of the value of the design phase of the contract in respect of every month during which progress is below standard. If the contractor completes the whole contract within the stipulated period, the Contracting Authority may consider the refund of any penalties the contractor may have incurred for slow monthly progress.

Article 20: Modification of the Contract 20.2

As per General Conditions.

20.4

Further to the provisions of the General Conditions, following the receipt of the Contractor’s proposal, the Project Manager shall decide as soon as possible whether or not the variation shall be carried out. If the Project Manager decides that the variation shall be carried out he shall issue the administrative order stating that the variation shall be carried out, either prospectively or retrospectively, under the conditions given in the Contractor’s proposal or as modified by the Project Manager in accordance to Article 20. Article 21: Working Hours

21.2

Further to the provisions of the General Conditions, and subject to the prior approval of the Contracting Authority, the Contractor shall be expected to work outside normal hours (including evenings and weekends and public holidays) whenever necessary to ensure timely completion and adherence to the pre-established deadlines and funding timelines. Article 22: Information

22.2

Further to the provisions of the General Conditions, the Contractor is to seek the prior approval of the Contracting Authority prior to furnishing any information to third parties with respect to the services/works covered by this contract and the Grandmasters’ Palace Regeneration Project in general Article 24: Interim and Final Progress Reports

24.1

Further to the provisions of the General Conditions, reports are to be submitted as required and requested by the Contracting Authority. All reports are to be accompanied by a Contractor’s Submittal Form (CS) as per template to be supplied by the Contracting Authority. Article 26: Payments and Interest on Late Payment

26.1

This is a global-price contract. The payments will be made according to the following schedule, subject to the provisions of Articles 28 to 33 of the General Conditions and subject to the satisfactory completion of the particular phase, or sub-phase, to which the envisaged payment is related and to the submission by the Contractor and approval by the Contracting Authority of all related deliverables: Month

Narrative

Interim Payments (Result 1)

Upon approval of the macro analysis

Percentage (%) 10%

Upon issuance of PA numbers for required planning authority applications Interim 2/3)

Payments

(Result

30% The 30% shall be subdivided by the number of applications as approved in the POW Upon award of contracts

Interim Payments (Result 4)

Interim Payments (Result 5)

Final Certification

26.2

The 20% shall be subdivided [pro-rata] by the number of tenders/contracts as approved in the POW Upon issuance of certificates for payment to contractors The 20% shall be subdivided [pro-rata] by the number of contracts as approved in the POW Final payment on fulfillment of all contract obligations

30%

20%

10%

Payments are to be effected within a maximum of 60 days, failing which the provisions of the Late Payments Directive will come into effect. Article 39: Further Additional Clauses Not applicable

SECTION 3 – TERMS OF REFERENCE 1. Background Information 1.1 - Beneficiary Country Malta 1.2 - Central Government Authority Department of Contracts 1.3 - Contracting Authority The Malta Tourism Authority 1.4 - Relevant Country Background Malta is a small, densely populated island nation, at the centre of the Mediterranean Sea, 93km south of Sicily and 288km north of Africa with an area of 316 square kilometres. The country comprises an archipelago of seven islands with only the largest islands (Malta, Gozo and Comino) being inhabited. One of the main drivers of the local economy is the touristic industry. “Wied il-Għajn”, or “Marsaskala”, is a pittoresque maritime village in the south of Malta, tucked in between two valleys, not far from the towns of Zabbar and Zejtun. The name Marsaskala refers to a Sicilian connection as apparently the word ‘marsa’ means ‘port’ and ‘sqalli’ means ‘Sicilian’. This quaint fishing village, since the late 80s and 90s has fast developed into a major destination, in the south of the island, for tourists and locals. The 90s were characterised by the first building boom, and ambitious urban regeneration projects, such as the seaside promenade from the Parish Church area to the site of the former Jerma Police Hotel, followed by other projects, in other promenades in other parts of the village. However, Marsaskala has kept on growing, housing a circa 30,000 community in the peak summer months. Hence, The Malta Tourism Authority is embarking on this ambitious project to develop a masterplan and a vision for the upgrade and urban regeneration of the village, to respond to the needs of the mutli-national and vibrant resident community, the tourists and local visitors to Marsasklala. The urban regeneration of Marsaskala has not kept up with the pace of this fast expansion and hence Government intervention is now required to regenerate the area and projecting it into the future, in view of balancing the various needs of the different stakeholders whilst ensuring a higher quality of life for all residents, tourists and visitors to the area. The Ministry for Tourism and Consumer Protection has been interested in the matters of Marsaskala for a number of years. This area is undoubtedly one of the leading attractions in the Maltese Islands. In 2019, it is estimated that around 270,000 tourists visited Marsaskala (source: MTA Traveller Survey), apart from being one of the meccas of entertainment for locals of all ages..

1.5 - Current State of Affairs in the Relevant Sector The Malta Tourism Authority (MTA) has a diverse role, but one which in essence is all about creating and fostering relationships. We are Malta's tourism industry regulator and motivator, its business partner, the country's brand promoter, and are here to form, maintain and manage meaningful partnerships with all tourism stakeholders. Primarily, this means talking to visitors to the Maltese Islands, but we work closely alongside our private sector partners. More importantly, we help strengthen the industry's human resources, ensure the highest standards and quality of our tourism product, and foster relations with local and international media. The Authority was formally set up by the Malta Travel and Tourism Service Act (1999). This legislation clearly defines our role - extending it beyond that of international marketing to include a domestic, motivating, directional, co-ordinating and regulatory role. The Act strengthens the public and private partnership in tourism through greater and more direct participation by the private sector in national planning and development of the industry. Our role is: ▪

to promote and advance Malta as a tourism destination;

▪

to advise Government on tourism operations and to issue licences under the Act;

▪

to contribute toward the improvement of the level of human resources in the tourism industry;

▪

and to advise government on the planning and development of the tourism industry as well as on the infrastructure supporting the industry.

Therefore, Product Development, although a small part of the MTA, plays a significant role within the local context. 1.6 - Related Programmes and Donor Activities This present contract forms part of series of initiatives undertaken by the Malta Tourism Authority in upgrading the touristic product of the Maltese islands in a sustainable manner. 2. Contract Objectives and Expected Results 2.1 - Overall Objectives The project aims at addressing the area in a holistic manner, from the macro to the micro, to enhance the experience of visitors to Marsaskala, ensuring the sustainability of the activities of all stakeholders, whilst regenerating the entire area, inspired from the unique values and setting of this area of the island. The project shall be the forerunner in the use of design elements, to ensure a harmonious coexistence between the different stakeholders, these broadly consisting of the business community and the residents/tourists/visitors. Furthermore, via the macro analysis, the aim is to render a more sustainable and functional urban framework. This vision must cascade to the micro environments, in particular the promenade area along Triq ix-Xatt, which design shall prioritize pedestrians over vehicular traffic, encouraging activities associated with a healthier lifestyle and wellbeing of society at large, whilst introducing/making provision for the use of sustainable elements/initiatives. The overall vision should capitalise on the roots and the spirit of the locality – the quaint fishing village on the Mediterranean Sea which is adorned by unique natural elements such as the White

Cliffs of il-Munxar, the rugger rocky seaside of Iz-Zonqor, St Thomas Bay … and the list goes on! This needs to be capitalised upon. The vision needs to be ambitious and daring, proposing initiatives for a truly sustainable urban environment, to the more obvious design of paving, street lights and furniture, etc … all within one cohesive vision. This regeneration project needs to be an example to follow, making tourism driven projects a catalyst in achieving environmental sustainability. The present contract seeks the engagement of a multidisciplinary team to assist the Contracting Authority in achieving the above overall objectives.

2.2 - Specific Objectives The objectives of this contract are as follows: The Project The project needs to address/satisfy the requirements of the various operators and stakeholders as well as the particular realities of Marsaskala. Through this project, the Malta Tourism Authority wants to present an enhanced product of Marsaskala, to results in an enhanced environment for tourists/residents/local visitors and an adequate infrastructural backbone for the business community to operate effectively. This shall include: 1. Macro analysis a. An urban regeneration proposal showing: i. visitor/traffic flow and management ii. green urban initiatives iii. waste management strategy iv. key [priority] urban regeneration projects/areas

2. Masterplan a. A masterplan showing movement, connectivity and permeability (visual and physical) of the proposed scheme [of the area/extents indicated in the site plan] and the interface with its immediate surroundings, clearly identifying between vehicular and pedestrian routes, physical accessibility issues, etc. b. These schemes express the core strategies and approaches employed towards the various relationships between the various stakeholders c. These relationships should inform decisions and proposals on transportation, functions, landscaping and open space concept d. This plan should indicate classification of space arrangements, the relationship between these spaces and the surrounding buildings, hardscape and softscape areas, vehicle and pedestrian traffic and service solutions 3. Design proposal of the area from Triq Santa Tereza, the garden along Pjazza Dun Tarcis Agius, and promenade along Triq ix-Xatt, Misrah Mifsud Bonnici and Triq isSalini a. ‘Landscape’ decisions - The upgrading of the area including: i. Garden (Triq Santa Tereza c/w Pjazza Dun Tarcis Agius) to the church parvis ii. Pjazza Dun Tarcis Aguis iii. Promenade/pedestrian priority areas along Triq ix-Xatt, Misrah Mifsud Bonnici (including playground) and Triq is-Salini The proposal will include the design for the open public space, the relationship between existing buildings and the open space, the interface at ground floor level, design and material proposals for hardscape, and proposals for green infrastructure including choice of species b. General infrastructural concept and backbone infrastructure including the proposed green incentives (part of the macro vision) and proposed lighting schemes c. Detail Drawings - provide design proposals for the elements of urban identity which are complementary for urban design studies at an appropriate scale d. 3D Artist’s impression - the visuals should depict the general characteristics of the project site in a holistic manner, representing the design ideas

The service provider is to provide the services of a multidisciplinary team, led by a warranted ‘Perit’, and any other personnel deemed necessary for the proper execution of the contract as per Art.6.1 below. The Integrated Design Team shall work with, and under the leadership of, the Contracting Authority to achieve the desired goals, which shall mainly focus on the detailed deisgn and implementation of the regeneration project of the areas of Marsaskala, ranging from Triq Santa Tereza, the garden along Pjazza Dun Tarcis Agius, and the promenade along Triq ix-Xatt, Misrah Mifsud Bonnici and Triq is-Salini. The specific objectives to be achieved and activities to be executed by the team are further detailed under Arts.2.3 and 4.2 below. 2.3 - Results to be Achieved by the Consultant The selected Integrated Design Team shall be responsible for: 1. RESULT 1 – Macro analysis a. Finalize the urban regeneration proposal for Marsaskala, for the approval of the CA, to be presented to the central government for the possibility of integration with eventual policies/plans implemented by the various Ministries/Agencies/Departments. b. These shall include (at high level/concept stage): i. visitor/traffic flow and management ii. green urban initiatives iii. waste management strategy iv. key [priority] urban regeneration projects/areas

2. RESULT 2 - Masterplan [area from Triq Santa Tereza, the garden along Pjazza Dun Tarcis Agius, and promenade along Triq ix-Xatt, Misrah Mifsud Bonnici and Triq isSalini] a. Development of masterplan [for area under consideration] developing the concept design [all necessary drawings/documents and revisions thereof], until approval by the Contracting Authority b. prepare POW and outline budget at feasibility stage for approval of the CA 3. RESULT 3 – Detail design [area from Triq Santa Tereza, the garden along Pjazza Dun Tarcis Agius, and promenade along Triq ix-Xatt, Misrah Mifsud Bonnici and Triq isSalini] a. Development of design of ALL areas in the masterplan, until approval by the Contracting Authority b. Prepare all documentation and submission of Full Development Applications as per POW c. Follow-up and prepare ALL documentation as requested by the PA and its consultees for the issuance of the permits d. Develop design for infrastructure and services, including discussion with all relevant stakeholders (water, elec, drainage, telephone/TV/internet service providers, etc.) e. Apply for any [other] permits, with statuary stakeholders, to enable the implementation of the works 4. RESULT 4 – Tender drafting and evaluation a. Develop design packages to detail designs for ALL aspects of the project b. Draft/Submit all documentation required by the Contracting Authority to enable the issuance of tenders [as per POW] documents, including [but not exclusive to], technical specifications, drawings and BOQs, as well as Special Conditions, required for the procedures leading to the award of the design and build contract c. Assist the Contacting Authority in the evaluation of all phases of the various tendering procedures, including [but not exclusive to] the drawing up of reports, comparative analysis, etc., as instructed/required by the Contracting Authority, leading to the engagement of the respective contractor. d. Proceed to further detail the design in the period spanning between the publication of the various Tenders and the award of the various Contracts in such a way as to ensure that the various Contractors have all the necessary information in hand before mobilisation/commencement to ensure the successful and satisfactory execution of all on site works; 5. RESULT 5 - Managing and supervising, with/on behalf of the Contracting Authority, the execution of the on-site works up till completion: 1. the Integrated Design Team will liaise closely with the Contracting Authority for all decisions and in particular those relating to the supervision of works on site 2. Contract Manage the works with respect to progress/cost/budget control throughout the whole duration of the project 3. Project Manage the works by calling/attending necessary meetings (progress and technical), issuing all required instructions/replies to CS and RFI via the Contracting Authority’s PM team 4. Issue revised drawings, details, information, etc. As may be required bu the various Contactors 5. Periodically certifying executed works and related payments to the various Contractors together with the Contracting Authority leading to the issue of the Provisional Acceptance Certificate to the different Contractors.

6. RESULT 6 – Managing and supervising, on behalf of the Contracting Authority, the remedying of defects and the execution of maintenance works by the various Contractors throughout the Works Maintenance and Defects Liability Period leading to the issue of the Final Acceptance Certificate to the various Contractors. The above are to be executed in such a way as to ensure that the Project is implemented smoothly, within the established timeframes and available budget. The Integrated Design Team will moreover be expected to collaborate and liaise with third parties and other service providers/contractors appointed by the Contracting Authority to execute the Project. The INTEGRATED DESIGN TEAM shall be required to accompany their claims for payment, indicating the achievement of the respective milestones as per approved Programme of Works (Implementation Schedule).

3. Assumptions and Risks 3.1 - Assumptions Underlying the Project Intervention It is being assumed that: • • •

•

• •

•

• • • • • •

The Integrated Design Team is experienced in similar projects. The Integrated Design Team has all the required expertise, in all respective fields, for ALL aspects of the project from inception to completion. Good working co–operation is established and maintained between the Integrated Design Team, the Contracting Authority, and eventually other Service Providers/ Contractor/s engaged throughout the various phases of the Project. The concept proposal submitted in response to the design contest developed by the Contracting Authority shall be reviewed and amended by the Integrated Design Team as per Contracting Authority’s requirements. Throughout Project implementation, the Integrated Design Team will take into consideration the requirements of constraints imposed by the local Planning Authority (PA) application processes and issued permit conditions, applicable building regulations, OHSA regulations, feedback from the Superintendence of the Cultural Heritage, etc, as well as any other obligations. PA issues the work permit in time, with conditions which do not delay the Project. Throughout Project implementation, the Integrated Design Team will liaise with all statutory stakeholders, agencies, and other organisations, to acquire all permits for the implementation of the project All tasks and activities shall be carried out within the specified timeframes, as per agreed Implementation Schedule/s, notwithstanding the effects of external factors such as bureaucratic processes, permits, etc. Sources of financing for the Project are available at the due time. The tendering, contracting and works processes are executed without major delays. Tender document/s are prepared according to local standards and meet legal requirements/considerations Capable of meeting strict time requirements. Project is within budget. All funding requirements and conditions are fully and timely met.

The Contracting Authority shall not entertain any claims by the Integrated Design Team for a change in price or Project implementation time frames resulting from reasons related to the above assumptions 3.2 – Risks Risks related to the possibility of delays in planned timeframes for Project implementation and an increase in Project cost are being identified as follows: • The need to alter the design, by the client and/or statutory stakeholders during the design and PA planning process and construction phases, etc. • Implementation of the Project includes and mainly depends on a procurement process as pe current Public Procurement Legislation. Risks may thus vary from the remote possibility that no submissions are received to the possibility of delays in the procurement procedure which are beyond the Project proponents’ control. • The execution of the project is lengthened for other reasons for which the service provider has no fault. The Integrated Design Team shall be expected to take all necessary measures to mitigate the possibility and/or effects of such risks. The Contracting Authority shall not entertain any claims

by the Integrated Design Team for a change in price or project implementation time frames resulting from reasons related to all of the above identified risks. 4. Scope of the Work 4.1 – General 4.1.1

Project Description The regeneration project needs to address/satisfy the requirements of the various operators and stakeholders as well as the particular realities of Marsaskala. Through this project, the Malta Tourism Authority wants to present an enhanced product of Marsaskala, to results in an enhanced environment for tourists/residents/local visitors and an adequate infrastructural backbone for the business community to operate effectively. All the above needs to be done within an environmentally sensitive manner, becoming an example for other regeneration projects to follow!

4.1.2

Geographical Area to be covered The Area of Intervention covered by this Contract are as indicated in Section 2.2 and as specified in the Design Contest Brief.

4.1.3

Target Groups The following target groups/users of the site include but not exclusive to: a) Residents b) Locals/Tourists/daily visitors c) Commercial Operators d) Amateur/Professional Boat Owners e) Amateur/Professional Fishermen

4.2 - Specific Activities In order to fulfill the specific objectives of its assignment, the Integrated Design Team will be responsible for the execution of the following activities: 1) General obligations/ Overall Project Management – i. The Integrated Design Team will assist the Contracting Authority in the management of the Project throughout its implementation, and in particular in assuming responsibility vis-a-vis contract management, time management, financial management and quality management matters relating to ALL the Contracts leading to the execution of on-site works. The Integrated Design Team shall be responsible to develop an appropriate stakeholder information strategy in close cooperation with the Contracting Authority and assist in its implementation. ii. The Integrated Design Team shall be responsible to develop an appropriate stakeholder information strategy in close cooperation with the Contracting Authority and assist in its implementation. iii. The Integrated Design Team shall moreover hold regular coordination and progress meetings with Project parties, external entities, stakeholders etc. As part of his duties under this contract the Integrated Design Team may also be asked to hold periodic and/ or ad-hoc presentations on the Project and its progress to the Contracting Authority, other entities and the general public.

2) Developing the masterplan and detail design, including all necessary drawings/documents/details and revisions thereof up till final endorsement by the Contracting Authority. This shall include but not necessarily be limited to: i. ii. iii. iv.

v. vi.

vii.

The development of the brief/s and finalization of the overall masterplan in response to the requirements provided by the Contracting Authority The detailed drawings of the entire project The development of infrastructural layouts/schematic layouts, followed by detailed designs, for all of the required backbone infrastructure and services; The submission of request for permit/s to the Planning Authority and resubmission of such revisions accordingly and the preparation and submission of any further Planning Authority application/s which may be deemed necessary (including subsequent minor amendments, other revisions, requests for the issuing of Compliance Certificates, etc.) including follow-up through to the obtaining of all necessary permits; The submission of applications for any other relevant statutory permits and licenses including liaising with the various entities concerned. the preparation of required tender packages including detailed technical specifications and terms of reference, drawings for tendering purposes and Bills of Quantities and acting as a consultant to the Contracting Authority in the adjudication/ award process for each issued tender package. Assisting the Contracting Authority in the required tendering process for the engagement of the various contractors

Note: The Integrated Design Theme shall liaise closely with the Contracting Authority and carry out any revisions to the proposed designs as may be deemed necessary by the Contracting Authority and/or statutory stakeholders. The execution of such revisions, until the Contracting Authority’s [and stakeholders] brief is satisfied, shall be considered as forming part of this Contract and shall not entitle the Integrated Design Team to any claims for extra payment. 3)

Managing and supervising, on behalf of the Contracting Authority, the execution of on-site works up till completion including ongoing certification of works as defined by endorsement

of interim and final certificates of payments to All the Contractors on board. This phase shall inter alia include but not necessarily be limited to: i) ii) iii) iv) v)

vi)

vii)

viii) ix)

Ensuring that all relevant applications to respective statutory bodies have been submitted and relevant permits are in hand to enable the execution of the works; Providing supplementary information, to that included in the tender packages that might be required/requested by the contractor(s) or as a result of design developments/ revisions and/or changes requested by the Contracting Authority; Directing and supervising works on site to ensure (quality assurance and certification) that the works are being executed in accordance with the tender packages; Organizing, attending and minuting regular progress meetings with the Contracting Authority, contractor(s) and on-site technical meetings, as requested/required; General project management and contract administration including the issuing of the necessary site instructions, replies to ‘contractor’s submissions’ and any ‘request for information’. All such documentation is to be approved by the Contracting Authority and endorsed by the project leader, prior to issuing directly to the Contractor/s; Measurement of works on site and issuing (interim) certificates for payment, as per respective contract clauses, including the constant monitoring of the costs to ensure delivery on time and within the available budget and recommendation to the Contracting Authority regarding any ‘variation/ extra works order request(s)’which may be presented by the contractor/s. Any necessary revision/deviation from the tender drawings, technical specifications and/ or Bills of Quantities cannot be instructed prior to the approval of the Contracting Authority’s Project Leader after justifying the requirement; the Contracting Authority in turn has to get the necessary from the Director General of the Department of Contracts, as applicable; Following approval of the Contracting Authority, issuing of the Final Certificate for Payment and subsequently of the Provisional Acceptance Certificate after the completion of the necessary snag list work items and ensuring practical completion as per relevant Works Contract(s); Preparing a handover document which will encompass all maintenance agreements as deemed necessary by the Contracting Authority; Assisting the Contracting Authority as may be necessary in applying for the relevant compliance certificates from PA and in compiling documentation as may be necessary for the application/ issuing of relevant operational licenses;

Note: During this phase the Integrated Design Team will liaise closely with the Contracting Authority for decisions relating to the supervision/execution of all works. The IDT shall be also required to revise aspects of the design and issue the relevant information, to enable the works contractors prepare the relevant working drawings and proceed with works. When the Integrated Design Team issues a certificate, relevant, reliable and sufficient evidence must exist that: a) the tasks have been properly performed; and b) the amounts claimed by the contractor(s) have actually and necessarily been incurred in accordance with the requirements of the Contract(s) in subject. All certificates are to be approved by the Contracting Authority prior to formal issue. 4)

Managing and supervising, on behalf of the Contracting Authority, the remedying of defects and the execution of maintenance interventions during the Works Maintenance and Defects Liability Period up till fulfillment of obligations under Works Maintenance and Defects Liability Period as defined by endorsement and issue of the Final Acceptance Certificate to the Works Contractor. This phase shall inter alia include but not necessarily be limited to: i) Carrying out periodic inspections, as may be required by the Contracting Authority, unexpected/ occasional development of defects or faults etc. but in any case not

less than four times annually (i.e. once every three months), of ALL works executed under this contract to verify that building fabric is adequately maintained in its restored/ finished state and that all installed backbone infrastructure systems, engineering services systems, components, equipment, interpretative tools, furniture etc. are maintained in good working condition; ii) Assisting the Contracting Authority in following-up the required remedial works; iii) Issuing the Final Acceptance Certificate following satisfactory termination of All the Contractors maintenance obligations. Note: The Final Acceptance Certificate is to be approved by the Contracting Authority prior to formal issue.

4.3 - Project Management 4.3.1

Responsible Body The Contracting Authority responsible for managing this Contract is The Malta Tourism Authority. The Contracting Authority’s Project team shall be led by the Project Leader. The Integrated Design Team shall assist the Project Leader throughout the implementation of the project as identified under Art.4.2 ‘Specific Activities’. For the purposes of this contract, the Integrated Design Team shall report to The Malta Tourism Authority at all times. The Integrated Design Team shall communicate with the Contactor’s engaged for the works via The Malta Tourism Authority Project Team. N.B. - The word “Contractor (s)” refers to the various service providers/contractors that will eventually be engaged under separate contracts to execute the various aspects of the Project.

4.3.2

Management Structure Project Leader

Integrated Design Team Leader

Contracting Authority – The Malta Tourism Authority

Integrated Design Team key experts and consultants

Various Contractors The Integrated Design Team Leader shall report to the Contracting Authority’s Project leader as representative of the Contracting Authority. Any decisions which affect the present Contract as well as any decisions which affect the other contracts objectives and results, related deadlines and financial aspects shall be taken following consultation with and approval of the Contracting Authority. During the execution of the other Contracts the Contracting Authority shall moreover be involved in the supervision activities to the extent to be able to ensure: • satisfactory execution of the works to the best possible practices; • the prompt consultation, communication and liaison stakeholders; The Integrated Design Team, as represented by its Team Leader, shall act on behalf of the Contracting Authority towards the Contractors in any matter related to the implementation of the associated Contracts issued for implementation of the Project. The Integrated Design Team Leader shall however communicate with the Contractors only via the Contracting Authority.

4.3.3

Facilities to be provided by the Contracting Authority and/or other parties The Contracting Authority shall be providing the Integrated Design Team with graphical surveys of the Area of Intervention. The Integrated Design Team shall verify the extent and accuracy of the surveys being presented and assume full responsibility thereof prior to proceeding with the Specific Activities to be executed under this contract as outlined in Art.4.2.

5. Logistics and Timing 5.1 – Location The Project site is in Marsaskala,the area indicated in the site included elsewhere in these Terms of Reference, ranging from Triq Santa Tereza, the garden along Pjazza Dun Tarcis Agius, and the promenade along Triq ix-Xatt, Misrah Mifsud Bonnici and Triq is-Salini. The Integrated Design Team Leader will be expected to attend or convene meetings and inspections on site, as agreed/approved by The Malta Tourism Authority, or anywhere else as required by the exigencies of the Project. Meetings may also be held in premises supplied by The Malta Tourism Authority. 6. Requirements 6.1.2

Role of the Key Experts Role of the Team Leader The Team Leader shall be: •

•

a warranted ‘Perit’ and must demonstrate both (a) academic qualification at minimum Master degree level (Malta Qualifications Framework (MQF) – Level 7); and (b) a minimum of 5 years proven (post-warrant) professional experience in spatial planning, urban design and landscape design. In case the proposed key expert is a warranted Architect & Civil Engineer in another country which is not Malta: o He shall hold an approval of Temporary Service by the “Board tal-Warrant TalPeriti” of Malta for the provision of civil engineering services in Malta. Proof of compliance to this requirement is to be provided in the tender submission; OR o if the approval of Temporary Service by the “Board tal-Warrant Tal-Periti” is still in process, the correspondence for application with the “Board tal-Warrant tal-Periti” must be submitted as part of the tender bid. In this regard the approval of Temporary Service by the “Board tal-Warrant Tal-Periti” must be in place before the signing of the contract.

• • • • •

the Contractor’s authorized signatory, he/she shall have legal power to sign all official documentation, correspondence etc. relating to the contract on behalf of the Integrated Design Team and all its members. Assume the role of a single point contact with respect to the Integrated Design Team bound to assume all the responsibilities of the legal obligations pertaining to the role of the Perit (as arising under Maltese law). required to have executive powers in representing the Integrated Design Team throughout the Project, and shall handle all paperwork, documentation, correspondence etc. required for the correct execution of the Contract. bound to serve as liaison between the Contracting Authority’s Project Team and the Integrated Design Team consultants.

•

• •

a person having good communication and facilitation skills and expertise in organizational dynamics, thus enabling good collaboration between the various individuals and entities involved in the Project, leading to the successful completion of the Project within the pre-established timeframes and budgets. responsible, together with his/ her team of key experts and consultants, for the execution of the Project as defined by the Terms of Reference. Further to fulfilling all contractual obligations as outlined in this document in general, he/she shall, in particular, be responsible to execute the activities and achieve the objectives and results outlined under Arts. 2.1, 2.2, 2.3, 4.1, 4.2 and 4.3 of the Terms of Reference. bound to liaise with the Contracting Authority’s team and in-house restoration architects on all matters relating to the Project and, in particular, on all matters relating to the restoration of the old building fabric. bound to ensure that the approach adopted by the Integrated Design Team safeguards the integrity of the historical and artistic value of the existing building and its contents. The Team Leader may be asked to prepare and/ or update as and when required, detailed method statement reports as per requirements of the Project exigencies, the local Planning Authority and/or other entities, to the approval of the Contracting Authority.

The composition of the Team, shall include a number of Key Experts, as submitted in the Design Contest, in order to ensure the fulfilment of the various fields of expertise as outlined/required in the matrix. All members of the team are to be in possession of a Masters degree (Malta Qualifications

Framework (MQF) – Level 7) and demonstrate at least five (5) years professional experience in their respective area of expertise. Moreover each of the Key Experts and Consultants shall be deemed to have his own team or personnel as required to assist him/ her in the execution of the Contract. The team is also to comprise warranted services engineer/s with expertise in urban infrastructure/services, in possession of a Masters degree ( Malta Qualifications Framework (MQF) – Level 7) and demonstrate at least five (5) years professional experience in this area of expertise.

6.1.3

Other Experts CVs for experts other than the key experts are not examined prior to the signature of the contract. The Consultant shall select and hire other experts as required according to the profiles identified hereunder in these Terms of Reference. All experts must be independent and free from conflicts of interest in the responsibilities accorded to them. The selection procedures used by the Consultant to select these other experts shall be transparent, and shall be based on pre-defined criteria, including professional qualifications, language skills and work experience. The findings of the selection panel shall be recorded. The selection of experts shall be subject to approval by the Contracting Authority. Note: Persons nominated as Key Experts may also be nominated to cover any one of the Consultant roles mentioned above provided that he/ she fulfils the requirements for each one of the roles for which he/ she is being nominated. Similarly the same person may be nominated to cover more than one of the above Consultant roles provided that he/ she fulfils the requirements for each one of the roles for which he/ she is being nominated.

The Integrated Design Team shall moreover select and hire other experts/ consultants as required according to the profiles and/ or objectives to be reached and/ or activities to be executed as identified in the Organisation & Methodology and these Terms of Reference. For the purposes of this contract, international experts are considered to be those whose permanent residence is outside the beneficiary country while local experts are considered to be those whose permanent residence is in the beneficiary country. The Integrated Design Team should pay attention to the need to ensure the active participation of local professional skills where available, and a suitable mix of international and local staff in the project teams. All experts must be independent and free from conflicts of interest in the responsibilities accorded to them. 6.1.3.1

Support Staff and Backstopping It shall be the responsibility of the Integrated Design Team, as represented by its Team Leader, to ensure that he has all the necessary staff to carry out its duties under the Contract in the best possible manner.

6.2 – Accommodation The Integrated Design Team shall also be responsible for its own transportation (both local and overseas), accommodation etc. that it may require for the performance of the contract. The Integrated Design Team shall cover all expenses related to the above. They shall be deemed to have been included in the global price; no extra claims in this regard shall be accepted. 6.3 - Facilities to be provided by the Consultant The Integrated Design Team, as represented by its Team Leader shall ensure that its experts are adequately supported and equipped. In particular it shall ensure that there is sufficient administrative, secretarial and interpreting provision to enable experts to concentrate on their primary responsibilities. It must also transfer funds as necessary to support its activities under the contract and to ensure that its employees are paid regularly and in a timely fashion. All expenses such as transport, report production, equipment, office support, support staff etc. must be included in the global price. If the Integrated Design Team is a consortium, the arrangements should allow for the maximum flexibility in project implementation. Arrangements offering each consortium partner a fixed percentage of the work to be undertaken under the contract should be avoided. 6.4 – Equipment No equipment is to be purchased on behalf of the Contracting Authority / beneficiary country as part of this service contract or transferred to the Contracting Authority / beneficiary country at the end of this contract. 7. Reports 7.1 - Reporting Requirements As specified elsewhere in this document. 7.2 - Submission & approval of progress reports Any reports requested must be written in good English. The Project Leader shall be responsible for approving the said reports.

8. Monitoring and Evaluation 8.1 - Definition of Indicators The Integrated Design Team shall have its performance measured and evaluated against milestones and objectives set out in the Programme of Works (Implementation Schedule) and/or its authorised/approved revisions. The Integrated Design Team shall be expected to regularly update the Programme of Works (Implementation Schedule) as dictated by the progress of work and/or by the Contracting Authority. The following outputs will be monitored: GENERAL (i.e. throughout all phases): - Updates/ revisions of the Project Plan/ Implementation Schedule DESIGN PHASE: - Design/s submittals - Tenders related documents/ drawings etc. submittals ON-SITE EXECUTION OF WORKS CONTRACT PHASE: - Cost/budget control - Progress monitoring - Site records including notifications issued to the Contractor/s; - Interim Payment Certificates - Final Payment Certificates - Provisional Acceptance Certificate WORKS MAINTENANCE AND DEFCTS LIABILITY PERIOD: - Final Acceptance Certificate All designs, reports, methodologies, etc., are also to be approved by the Contracting Authority and any other related authorities/entities as necessary.

TECHNICAL OFFER

Design Contest submission.

SECTION 5 – SUPPLEMENTARY DOCUMENTATION 5.2 – Glossary 5.3 – Specimen Performance Guarantee These are available to view and download from the ‘Resources Section’ at: www.etenders.gov.mt

5.7 – General Conditions of Contract The full set of General Conditions for Services Contracts (Version 4.2) can be viewed/downloaded from the ‘Resources Section’ at: www.etenders.gov.mt It is hereby construed that the contractor has availed himself of these general conditions, and have read and accepted in full and without reservation the conditions outlined therein, and are therefore waiving any standard terms and conditions which they may have