Six months have handed since development work on the Belize II Bridge on twentieth Avenue and 1st Road in Zone 6 of the capital started. This can be a undertaking that seeks to attach zones 1, 2 and 6 with zones 18 and 17with the intention to alleviate visitors and have an alternate exit for the path to the Atlantic.
Nevertheless, the development of the undertaking has suffered delays and incidents that increase uncertainty about its continuation.
For consultants in public works contracting points, this undertaking could also be an instance of how the nation’s inexperience within the administration of contracts through which the identical firm designs and builds the work can suggest obstacles alongside the best way, extra unbudgeted prices. , and, in essentially the most drastic of eventualities, a lawsuit with an unfavorable consequence for the State.
A key level within the historical past of undertaking awarding is the modality, a mechanism that has not been absolutely understood on account of how little it has been used for public works within the nation, confirms Juan Carlos Zapatagovt director of Fundesa, who considers that it is a modality through which the danger is transferred to the corporate that wins the tender.
Within the case of Belize II Bridge“it’s the first undertaking of that magnitude that’s being generated by the design and development mechanism, and the truth that the design danger is handed on to the non-public sector helps stop the Chimaltenango Bypass from taking place, the place the design It was achieved individually from the development after which it seems that the street by no means labored,” says Zapata.
This mechanism “permits us to hold out the analysis processes of different designs which can be price incorporating, particularly when the authority doesn’t have a lot expertise with this sort of tasks. Then, the chance opens for the non-public sector, via bidding, can recommend new modalities within the implementation processes”, highlights Lisardo Bolaños, technical coordinator of Guatemala No Se Detiene.
In line with BolañosThough this modality could make the nation extra aggressive by enhancing infrastructure designs with the help of consultants, there’s a pending activity in understanding methods to handle a contract of this mechanism. “We should start by reinforcing college schooling targeted on infrastructure points, the place discussions are generated concerning the modalities of contracting public works, in addition to different fashions,” he signifies. “This permits us to coach the workforce that can ultimately fill these different corporations to have the ability to perform these contract processes and that ultimately a few of them can even enter the federal government,” Bolaños proposes.
Likewise, updating the laws is important to generate contractual and monetary devices for the operate of the design and development mechanism in public works. For Bolaños, this consists of “the Comptroller Common of Accounts concerning how infrastructure merchandise are evaluated, but in addition from the Ministry of Communications in order that it may have essentially the most trendy contract administration processes for this modality. “It’s not the identical to evaluate the development undertaking and the design individually as when it was conceived as an entire.”
A good distance
In August 2021, the Municipality of Guatemala introduced the Belize II Bridge undertaking, and till the next yr, on March 15, 2022, decree 21-2022 was authorised, with which a finances enhance was granted by Q3,191 million to the Ministry of Communications, Infrastructure and Housing (CIV)which included works corresponding to the development of the Belize II Bridge and several other overpasses.
In June of that yr, a reference design was introduced “which served as the idea for a young that contracts the design and development,” he says. Silvia Garcia, Planning Supervisor of the municipality. This was an uncommon mannequin, because it implied that the corporate to which the work was awarded should perform each the design and development of the work.
On this modality, “when contracting the design, adjustments might be made by the corporate taking part within the tenderfor the reason that design will rely upon the situations that the corporate professional within the topic can decide primarily based on new wants applied sciences, development programs and bridge typologies that could be higher or that could be extra viable,” says García.
Likewise, the bidding course of started with the presentation of the paperwork for the competitors. The Buying Unit of the Common Directorate of Roads obtained a single supply for the design and development of the Belize II Bridge andOn September 8 of the identical yr by Grupo Muratori S. A. Two months later, the contract was signed November 11through which Luis Gabriel Jo participated, who at the moment held the place of basic director of Caminos, and the authorized consultant of Grupo Muratori SA
In line with the chronology introduced by the Common Directorate of Roads, initially the works have been deliberate in order that have been executed in 48 months. Likewise, the beginning of the work was approved for the June 1, 2023. Nevertheless, development started 5 months later. It started with “the most important construction and these works, as a result of they’re maybe essentially the most intensive as a result of they represent roughly 100 bridges,” particulars Foscolo Liano, basic supervisor of Grupo Muratori SA.
Nevertheless, the primary months of 2024 slowed down the tempo of its execution work. The previous Minister of Communications, Jazmín de la Vegadeclared days earlier than being dismissed, that the development contract for the undertaking was in overview course of. Whereas minister, she ordered the momentary suspension of development work on the Belize II Bridge; Nevertheless, Liano feedback that “At no time did the operation cease, as a result of we have been ready for a report, which is what’s indicated within the contract, however because it by no means arrived, so we continued working”. Regardless of not stopping development, Grupo Muratori SA needed to cut back the variety of employees and thus the pace of execution of the undertaking, which thus far is 10% full.
In addition to, Two complaints have been introduced up to now in 2024 to the Public Ministry the place this work is concerned. One by the Comptroller Common of Accounts, on account of two instances of irregularities within the administration of funds assigned to the Ministry of Communications. The opposite, by the Will, Alternative and Solidarity social gathering (VOS) towards former officers of the Ministry of Communications, for alleged corruption in decree 21-2022 and the development of Bicentennial Faculties.
Unsure future
In an interview with Prensa Libre, former Minister de la Vega detailed the set up of a brand new technical desk to investigate and resolve the way forward for the development of the Belize II Bridge, through which the Municipality of Guatemala was invited. An unsure futurehowever which anticipates two attainable eventualities: mutual termination of the contract or continuation of the undertaking.
It’s price mentioning that, within the conventional manner of awarding public works, First the design of the undertaking is put out to tender and, subsequently, the development.
The corporate affirms that it’s prepared to proceed with the work, however with the financial and technical help of the Ministry of Communications. “The dedication could also be to terminate the contract or it could be to maneuver ahead, these are the 2 choices. What we agreed on is that will probably be determined earlier than the tip of the month (Might), as a result of for us it has been a bit difficult to take care of the undertaking with a lot uncertainty. We’re absolutely ready, whether or not to observe the undertaking or to not observe it.as a result of we predict that an important factor is that each the Ministry and the authorities really feel comfy with us,” says Liano.
For the Municipality of Guatemala, it is a mobility system that should proceed. “We hope that the undertaking can turn out to be a actuality. We don’t see a situation through which the undertaking stops or is modified, however fairly that the undertaking continues working in the best way it was deliberate, doing all of the socialization with the neighbors and already having this essential connectivity construction in a couple of years,” Garcia provides.
Long run affect
Though the way forward for the Belize II Bridge is unsure, there’s a likelihood that, if the contract is terminated, Guatemala dangers dropping progress and struggling a problem course of.
Alfredo Skinner Cléeprofessional lawyer in litigation and arbitration, clarifies that the State doesn’t terminate contracts, however you do have the choice of declaring it dangerous to your pursuits and that by doing so “judicial means are enabled to terminate it for simply trigger.” Nevertheless, it highlights that the contractor can current arguments in case it was an unlawful motion. “The State has the duty to be cautious when contracting public works”he provides.
On this situation through which the undertaking doesn’t proceed, Zapata raises the chance that the corporate sues the State and possibly wins, a situation through which the nation is left with no bridge and with the duty to compensate the corporate. “Guatemala has a global file of dropping many of those contracts as a result of they turn out to be dangerous to the investor himself. The nation can not afford to lose one other bridge and, on prime of every little thing, need to compensate one other firm, as has already occurred on different events,” warns Zapata.
Desk analyzes contract continuity
When the brand new CIV minister was consulted, Felix Alvarado, concerning the way forward for the Belize II Bridge, indicated that the technical desk that analyzes whether or not to terminate the contract or proceed will proceed and that “discussions and evaluations of the undertaking are being maintained with the multidisciplinary workforce.” He added that, “a priori, we’re open to shifting ahead.” by any of the means which can be determined.”
“We are going to do what the regulation contemplates and we’re open to all of the choices it gives, similar to all different tasks. The distinction with Belize II Bridge is a undertaking of just about Q1,800 million and subsequently, the implications are nice” provides the minister.
He indicated that the evaluation covers “each prices, which some appear to be beneath value and others above and that may be problematic throughout execution, in addition to (in case of) observer, we should be happy with the standard of the design.”
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