Contract Management Legal Expert

REQUEST FOR EXPRESSION OF INTEREST Ministry for Communities, Territories and Infrastructure Development of Ukraine Second Urban Infrastructure Project (UIP-2) Central Project Management Unit (CPMU) Individual Consultant - Contract Management Legal Expert (IC-C-017) Country: Ukraine Project: Second Urban Infrastructure Project (UIP-2) Sector: Sanitation, water supply, solid waste management Project ID No.: P132386 BACKGROUND Ukraine has received financing from the International Bank for Reconstruction and Development (the "IBRD") in the amount of USD 350 million under Loan Agreement No. 8391-UA (USD 300 million) and Clean Technology Fund related Loan Agreement No. TF017112 (USD 50 million) toward the cost of the Second Urban Infrastructure Development Project (the "Project"). The Project includes three components: A) Urban Infrastructure Investments; B) Institutional Strengthening and Capacity Building; and C) Project Management. The Project aims to assist the Utility Companies in selected cities to improve the quality and reliability of services while reducing the cost of services through a series of institutional improvements and selective investments in the rehabilitation and replacement of deteriorated water supply, wastewater and solid waste management systems. The Project will be implemented under the general supervision of the Ministry for Communities, Territories and Infrastructure Development of Ukraine (hereinafter - MIU). A Central Project Management Unit (hereinafter - CPMU) has been previously established for the day-to-day management and coordination of the Project and provision of assistance to Utility Companies participating in the Project in disbursement issues, financial management, reporting and other Project-related activities. Implementation of the Project shall be regulated by the Decree of the Cabinet of Ministers of Ukraine No. 70 dated January 27, 2016 On the Procedure for Preparation, Implementation, Monitoring and Completion of Economic and Social Development Projects of Ukraine Supported by International Financial Organizations, other legal acts of the Cabinet of Ministers of Ukraine, orders of MIU and Project Operations Manual II. OBJECTIVES The Contract Management Legal Expert (the "Consultant") will work closely with the Head of the CPMU and other Consultants involved or related to the Project implementation and shall take measures to provide legal support for all procedures to ensure strict compliance with the law during the Project implementation, dispute resolution during the Project implementation, and provide appropriate legal support to the Utility Companies involved in the Project. III. SCOPE OF SERVICES The Consultant will perform its duties and act: proactively, where the Consultant's own initiative is required; reactively, i.e. in response to requests from the Client of the Services, the Head of the CPMU or other parties, if it is directly or indirectly provided for by these Terms of Reference; passively, in compliance with the terms of the contract. The Consultant will perform the following tasks: review of all Project activities for compliance with applicable laws, Project objectives, policies and regulations of the IBRD; review of all Project documents submitted to the Consultant for compliance with the legislation, Project objectives, policies and regulations of the IBRD (where possible); provide necessary legal expertise to the municipal enterprises, employees of the MCTID and the CPMU during the implementation of the Project (preparation and maintenance of documents, problematic legal issues, litigation risks and cases, claims and lawsuits, etc;) preparation of letters, legal clarifications and recommendations for the CPMU, RPMU and the Utility Companies; maintaining databases and archiving all documents related to legal issues of the Project; capacity building of the CPMU/Utility Companies (where possible); performing other tasks as required by the Project (to be carried out in consultation with the Head of the CPMU and other Project Consultants). As an expert on legal issues within the contracts implemented under the Project (the "Contracts"), the Consultant will perform the following tasks: at the initial stage of the Services provision - general analysis of the Contracts implementation, based on the results of such analysis - preparation and submission of analytical information to the CPMU Head on the status of legal work under the Contracts; based on the results of the above analysis, prepare and submit to the Head of the CPMU recommendations for improving the legal work under the Contracts; preparation of draft contractual documents (letters, notices, claims, etc.) in the interests of IBRD, as well as Clients under the Contracts, other beneficiaries (the "Stakeholders"); monitoring the status of implementation of the Contracts (performance of works, provision of services, supply of equipment, etc.) in order to provide the Stakeholders with recommendations on prompt and appropriate response to the actual state of implementation and all changes within the Contracts; processing of claims, lawsuits of contractors and consulting organizations (individual consultants), preparation of legal positions, draft objections, counterclaims from the Stakeholders; preparation of materials for consideration of claims, contractors' lawsuits by the Dispute Resolution Boards, arbitration courts, etc; finalization of the Contracts in connection with their completion or breach of contractual obligations by the Contractors, force majeure and other circumstances, etc; other tasks that are directly or indirectly provided for by these Terms of Reference and Project needs. IV. REPORTING The Consultant will report to the Head/Deputy Head of the CPMU and the Project Coordinator at the Ministry for Communities, Territories and Infrastructure Development of Ukraine. Upon completion of the first month of the Services, the Consult