Project Number: 51180-001 Loan Number: LXXXX October 2018

India: Bihar State Highways III Project

Project Administration Manual

ABBREVIATIONS

ADB – Asian Development Bank BSRDCL – Bihar State Road Development Corporation Limited CSC – construction supervision consultant EMOP – environment monitoring plan EMP – environment management plan IEE – initial environmental examination km – kilometer PPP – public–private partnership PIU – project implementation unit NGO – nongovernment organization RCD – Road Construction Department RP – resettlement plan SOE – statement of expenditures SPS – Safeguard Policy Statement

CONTENTS

I. PROJECT DESCRIPTION 1

II. IMPLEMENTATION PLANS 3

A. Project Readiness Activities 3 B. Overall Project Implementation Plan 4

III. PROJECT MANAGEMENT ARRANGEMENTS 5

A. Project Implementation Organizations: Roles and Responsibilities 5 B. Key Persons Involved in Implementation 6 C. Project Organization Structure 7

IV. COSTS AND FINANCING 8

A. Cost Estimates Preparation and Revisions 9 B. Key Assumptions 9 C. Detailed Cost Estimates by Expenditure Category 9 D. Allocation and Withdrawal of Loan Proceeds 10 E. Detailed Cost Estimates by Financier 11 F. Detailed Cost Estimates by Outputs and/or Components 12 G. Detailed Cost Estimates by Year 13 H. Contract and Disbursement S-Curve 14 I. Fund Flow Diagram 15

V. FINANCIAL MANAGEMENT 16

A. Financial Management Assessment 16 B. Disbursement 18 C. Accounting 19 D. Auditing and Public Disclosure 19

VI. PROCUREMENT AND CONSULTING SERVICES 21

A. Advance Contracting and Retroactive Financing 21 B. Procurement of Goods, Works, and Consulting Services 21 C. Procurement Plan 21 D. Consultant’s Terms of Reference 22

VII. SAFEGUARDS 22

VIII. GENDER AND SOCIAL DIMENSIONS 25

IX. PERFORMANCE MONITORING, EVALUATION, REPORTING, AND COMMUNICATION 29

A. Project Design and Monitoring Framework 29 B. Monitoring 31 C. Evaluation 32 D. Reporting 32 E. Stakeholder Communication Strategy 32

X. ANTICORRUPTION POLICY 33

XI. ACCOUNTABILITY MECHANISM 34

XII. RECORD OF CHANGES TO THE PROJECT ADMINISTRATION MANUAL 34

APPENDIXES

Appendix 1: PROCUREMENT PLAN 35

Appendix 2: TERMS OF REFERENCE FOR CONSTRUCTION SUPERVISION CONSULTING SERVICES 40

Appendix 3: TERMS OF REFERENCE FOR CONSULTING SERVICES FOR THE BIHAR ROAD RESEARCH INSTITUTE 69

Appendix 4: TERMS OF REFERENCE FOR SOCIAL DEVELOPMENT SPECIALIST – GENDER (NATIONAL POSITION) 72

Project Administration Manual Purpose and Process

1. The project administration manual (PAM) describes the essential administrative and management requirements to implement the project on time, within budget, and in accordance with the policies and procedures of the government and Asian Development Bank (ADB). The PAM should include references to all available templates and instructions either through linkages to relevant URLs or directly incorporated in the PAM.

2. The State Government of Bihar acting through its Road Construction Department and further through the Bihar State Road Development Corporation Limited are wholly responsible for the execution and implementation respectively of the project, as agreed jointly between the borrower and ADB, and in accordance with the policies and procedures of the government and ADB. ADB staff is responsible for supporting implementation including compliance by the Road Construction Department and the Bihar State Road Development Corporation Limited of their obligations and responsibilities for project implementation in accordance with ADB’s policies and procedures.

3. At loan negotiations, the borrower and ADB have agreed to the PAM and ensured consistency with the loan agreement. Such agreement is reflected in the minutes of the loan negotiations. In the event of any discrepancy or contradiction between the PAM and the loan agreement, the provisions of the loan agreement shall prevail.

4. After ADB Board approval of the project’s report and recommendations of the President,

changes in implementation arrangements are subject to agreement and approval pursuant to relevant government and ADB administrative procedures (including the project administration instructions) and upon such approval, they will be subsequently incorporated in the PAM.

I. PROJECT DESCRIPTION

1. The Bihar State Highways III Project will rehabilitate and upgrade about 230 kilometers (km) of state highways in Bihar and improve road transport connectivity in line with the state’s road development plan for 2015–2035.1 The project will involve (i) upgrading state highways to standard two-lane width with paved shoulders; and (ii) reconstructing, widening, and strengthening culverts and bridges. The project will include actions to build institutional capacity in the state for road design and maintenance and to incorporate appropriate new technologies in the state’s road sector. 2. State context. Bihar is the 12th largest state in India by area with about 99,000 square km (km2); the third most populous with about 104 million inhabitants; and the sixth most densely populated. It is in the eastern region of the country, bordering Uttar Pradesh in the west, West Bengal in the east, and Jharkhand in the south. The Ganga River flows through the middle of the Bihar plain from west to east, physically dividing the state into northern and southern regions. The northern region is bound by Nepal. In the past, Bihar has lagged behind other states in terms of social and economic development. Based on 2011–2012 data, the Government of India estimates that 34% of Bihar’s population lives below the poverty line, compared with 22% nationally.2 The per capita income in Bihar (₹29,178 at constant 2011 prices) was about 35% of the national average in 2016–2017, compared to about 28% in 2006. With increased investment in social infrastructure and improved governance, the state aspires to grow at a faster rate than the country average. In 2016–2017, the medium-term growth rate for gross state domestic product in Bihar was 10.3%, compared with 7.0% for the national economy.3 3. Road network. The road network of the state comprises 226,350 km as of 2017 and is described in Table 1. All higher-class roads—national highways, state highways, and major district roads—are paved, but most rural roads are unpaved. The Road Construction Department (RCD) manages the national highways (except roads under the National Highway Authority of India), state highways, and major district roads. The Department of Rural Works manages the rural roads. During 2015–2016, in terms of road length per 100 km2, Bihar has overtaken the national average—219 km against 139 km. However, at 4.7 km per 100 km2, the road density of state highways in Bihar is lower than the national average of 5.1 km per 100 km2 and is much lower than in other developed states in India.4

Table 1: Details of Road Network in Bihar

No. Class of Road Length

(km)

1 National highway 4,917 2 State highway 4,006 3 Major district road 11,146 4 Rural road 206,281

Total 226,350 km = kilometer. Source: Bihar State Road Development Corporation Limited.

1 Government of Bihar, Road Construction Department. 2015. Road Master Plan for Bihar’s State Highway

Development (2015–2035). Patna. Prepared under ADB. India: Bihar State Highways II Project – Additional Financing (Loan 2894/TA 8170).

2 Government of India, Reserve Bank. 2018. Handbook of Statistics on Indian States, 2017–2018. New Delhi. 3 Government of Bihar, Finance Department. 2018. Economic Survey, 2017–2018. Patna. 4 Footnote 3, p. 133.

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4. Vehicles. The number of motorized vehicles registered in the state has increased from 1.96 million in 2009 to 5.48 million in 2016, representing an average annual increase of 20%. Of these, over 74% were two-wheelers and about 7% were cars and jeeps, the balance being other categories of vehicles including trucks and buses. Average annual vehicle growth observed during 2009–2016 was over 17% for two-wheelers and 14% for cars.5 Higher population and vehicular densities need road capacity improvement, which this project primarily seeks to address. 5. Vision for road development. Bihar’s vision as stated in the road master plan (2015-2035) is “there shall be good transport accessibility for all populations in the State of Bihar, with a high-quality, high-mobility road network available for the transport of people and goods.” 6 The Government of Bihar has stepped up investments in the development of transport infrastructure and has been improving the state highways and major district roads through a combination of budgetary support, financial assistance from the Asian Development Bank (ADB), Japan International Cooperation Agency, and public–private partnerships (PPP). The State Highways Development Program aims to widen all state highways to two lanes, and to improve bridges and district and rural roads. To achieve this, the road master plan estimates a very large capital expenditure requirement in the amount of $15.8 billion for road improvements until 2035. At present, approximately $8 billion has been allocated for the same period. The road development master plan considers PPPs and some form of cess on fuel to contribute about $4 billion. These measures are aspirational, and it is likely that the master plan investments can only be partially met. The government relies heavily on increased budget allocations, and multilateral and bilateral agency borrowing. 6. Road institutions. The RCD is the nodal department for the road sector. Institutional capacity in the road sector has been gradually built in Bihar, with support from ADB in prior loans. The Bihar State Road Development Corporation Limited (BSRDCL) functions as a special purpose company under the RCD, with delegated powers and responsibilities. The BSRDCL has contributed significantly to the state’s ability to use multilateral and bilateral finance, and to develop projects under PPP. 7. Previous ADB loans to the Government of Bihar. Since 2008, ADB has provided four loans, amounting to $1.43 billion, to upgrade about 1,453 km of state highways and to construct a new bridge over the Ganga River near Patna.7 During the tenure of previous loans, the BSRDCL has gradually built institutional capacity, which is now reasonably robust. Previous loans have performed well, except for time overruns related to land acquisition and termination of large contracts. In the present proposal, these risks are mitigated since land acquisition is not significant and the size of contracts will be limited to an estimated $40 million. Advance contracting actions are under way for both works and supervision consultant contracts. With these measures, it is anticipated that the works can proceed without substantive delays.

5 Government of India, Ministry of Road Transport and Highways. 2018. Road Transport Yearbook, 2015–2016. New

Delhi. 6 Footnote 1. p.3. 7 ADB. 2008. Report and Recommendation of the President to the Board of Directors: Proposed Loan to India for the

Bihar State Highways Project. Manila; ADB. 2010. Report and Recommendation of the President to the Board of Directors: Proposed Loan and Technical Assistance Grant to India for the Bihar State Highways II Project. Manila; ADB. 2012. Report and Recommendation of the President to the Board of Directors: Proposed Loan for Additional Financing and Technical Assistance Grant to India for the Bihar State Highways II Project. Manila; and ADB. 2016. Report and Recommendation of the President to the Board of Directors: Proposed Loan and Technical Assistance Grant to India for the Bihar New Ganga Bridge Project. Manila. The status of these projects is covered in the Sector Assessment (accessible from the list of linked documents in Appendix 2 of the Report and Recommendation of the President to the Board of Directors: Proposed Loan to India for the Bihar State Highways III Project).

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8. Project objectives. While the government has been progressively improving carriageway widths of state highways using budgetary and multilateral financing, about 35% of these roads are yet to meet the minimum two-lane standard.8 The present proposal seeks to advance this government program to upgrade all state highways to at least standard two-lane widths and improve road safety. The roads selected in this project are from the overall master plan, based on development priorities of the government, key infrastructure roads for agriculture and industrial based activities, and the readiness to implement. The project roads selected are spread across Bihar’s rural areas that lack reliable road connectivity, causing limited access to health and educational institutions, commercial facilities, and government development agencies. The project will also establish a state-level institution, proposed by the RCD, to further the objective of developing institutional capacity at a technical level and in a sustained manner. 9. Impact and outcome. The project will be aligned with the following impact: road transport accessibility in the state of Bihar improved (footnote 1). The outcome will be transport efficiency and safety on selected state highways in Bihar improved.9

10. Outputs. The project envisages the following outputs: (i) state highways widened and upgraded, and (ii) Bihar Road Research Institute established.

II. IMPLEMENTATION PLANS A. Project Readiness Activities

Table 2: Indicative Action Timeline for the Project

Milestone Timeline Responsible Agency

Concept clearance October 2017 ADB

Start of retroactive financing perioda

March 2018 ADB, BSRDCL

Start of advance contracting April 2018 ADB, BSRDCL

Establish project implementation arrangements

April 2018 ADB, BSRDCL

Loan fact-finding May 2018 ADB, BSRDCL

Management review meeting July 2018 ADB

Loan negotiations October 2018 ADB, BSRDCL, DEA

Board consideration November 2018 ADB

Loan signing December 2018 ADB, DEA

Loan effectiveness February 2019 ADB

ADB = Asian Development Bank, BSRDCL = Bihar State Road Development Corporation Limited, DEA = Department

of Economic Affairs. a Subject to ADB Board approval and loan signing.

Source: Asian Development Bank.

8 Footnote 3, p. 136. 9 The design and monitoring framework is in Section IX.A. of this project administration manual.

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B. Overall Project Implementation Plan

Table 3: Project Implementation Plan

Indicative Activities 2018 2019 2020 2021 2022

Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4

A. Design and Monitoring Framework

Output 1: State highways widened and upgraded

Activity 1.1: Award and mobilize construction supervision consultants by Q4 2018.

Activity 1.2: Award contracts for widening and upgrading of about 230 km of state highways starting from Q4 2018, and complete construction by Q3 2022.

Activity 1.3: Conduct orientation programs for contractors’ personnel to assess specific needs of vulnerable users, i.e., EWCD to be taken into consideration, by Q4 2020.

Activity 1.4: Conduct post-implementation measurement of indicators by BSRDCL by Q4 2022.

Output 2: Bihar Road Research Institute established

Activity 2.1: Identify site for the institute in Patna, Bihar by Q2 2018.

Activity 2.2: Award and mobilize consultants for preliminary design of institute by Q1 2019.

Activity 2.3: Start construction works by Q1 2020.

Activity 2.4 Include breastfeeding room in institute by Q4 2020.

Activity 2.4: Inaugurate functioning institute by Q3 2022.

B. Project Management Activities

Establish PIUs by Q2 2018.

Complete resettlement plan activities by Q4 2018.

BSRDCL = Bihar State Road Development Corporation Limited, GAP = gender action plan, km = kilometer, PIU = project implementation unit, PIU = project management unit Q = quarter. Source: Asian Development Bank.

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III. PROJECT MANAGEMENT ARRANGEMENTS A. Project Implementation Organizations: Roles and Responsibilities

Table 4: Roles of Implementing Organizations Project Implementation

Organizations Management Roles and Responsibilities

Executing agency Government of Bihar, acting through the Bihar State Road Development Corporation Limited

• Overall coordination of project implementation

• Inter-agency coordination

• Oversight and monitoring of project implementation as well as the adequacy of overall project funding and budget allocation

• Provision of necessary policy guidance related to project implementation

• Environmental and social safeguard actions

• Project execution, supervision, management, and reporting

• Implementation of actions on environmental and social safeguards

• Consultant recruitment and procurement of works

• Project accounts management—establish and maintain project accounts, prepare and submit withdrawal applications, administer statement of expenditures, and maintain supporting documents and records

• Preparation and submission of project progress reports and other requirements

• Maintenance of complete loan financial records

Asian Development Bank Monitoring and review of overall project implementation in consultation with the executing agency, including the following:

• Project implementation schedule

• Actions required on environment and safeguards due diligence and monitoring, as applicable

• Timeliness of budgetary allocations and counterpart funding

• Project expenditures

• Progress with procurement and disbursement

• Statement of expenditures when applicable

• Compliance with loan covenants

Source: Asian Development Bank and Bihar State Road Development Corporation Limited.

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B. Key Persons Involved in Implementation Executing Agency

Bihar State Road Development Corporation Limited

Mr. Sanjay Kumar Agarwal Managing Director Telephone: (+91 612) 223 6711 Fax: (+91 612) 223 6723 Email address: mdroadcorp@gmail.com

Office address: RCD Mechanical Workshop Campus, Sheikhpura, Shaheed Pir Ali Khan Marg, Patna, Bihar 800 014, India

Mr. Chandra Shekhar Chief General Manager Mobile: (+91 943) 100 5695 Fax: (+91 612) 221 5238 Email address: cgm2017BSRDC@gmail.com Office address: RCD Mechanical Workshop Campus, Sheikhpura, Shaheed Pir Ali Khan Marg, Patna, Bihar 800 014, India

Asian Development Bank Transport and Communications Division, South Asia Department

Mr. Ravi Peri Director Telephone: (+63 2) 636 1772 Email address: rperi@adb.org

Mission Leader Mr. Kai Wei Yeo Transport Specialist Telephone: (+63 2) 632 4254 Email address: kyeo@adb.org

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C. Project Organization Structure 11. The flow chart shows the reporting lines and essential internal structures of key staff involved in project implementation.

Figure 1: Organization Structure of the Executing Agency

ADB = Asian Development Bank, Cord = Coordination, CPIU = central project implementation unit Disb = disbursement, DGM = Deputy General Manager, Envi = environment, HQ = headquarter, JICA = Japan International Cooperation Agency, Mngt. = management, PIU = project implementation unit, PR = public relations, Proc = procurement, RCD = Road Construction Department, R&R = resettlement and rehabilitation. Source: Bihar State Road Development Corporation Limited.

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IV. COSTS AND FINANCING 12. The project is estimated to cost $304 million (Table 5). 13. ADB will finance part of the project costs from its ordinary capital resources, which includes consulting services and goods, other services and civil works, as well as taxes, as relevant. The project will be implemented over a 4-year period, commencing in the first quarter of 2019.

Table 5: Summary Cost Estimates ($ million)

Item Amounta

A. Base Costb 1. State highways widened and upgraded 220.0 2. Bihar Road Research Institute established 10.0 3. Land acquisition, resettlement and rehabilitation 23.0 4. Consulting services 10.5 5. Project management 5.5 Subtotal (A) 269.0 B. Contingenciesc 21.0 C. Financial Charges during Implementationd 14.0 Total (A+B+C) 304.0 a Includes taxes and duties of $25.08 million to be financed from government resources by cash contribution and

the Asian Development Bank (ADB). Such amount does not represent an excessive share of the project cost. The amount of taxes and duties to be financed by ADB (i) are within the reasonable threshold identified during the country partnership strategy preparation process, (ii) represent only 8% of the investment plan, and (iii) apply only to ADB-financed expenditures. The financing of the taxes and duties is considered material and relevant to the success of the project.

b In mid-2018 prices as of 25 May 2018. c Physical contingencies computed at 5% for civil works. Price contingencies computed at average of 1.5% on

foreign exchange costs and 5% on local currency costs; includes provision for potential exchange rate fluctuation under the assumption of a purchasing power parity exchange rate.

d Includes interest and commitment charges. Interest during construction for the ordinary capital resources (OCR) loan has been computed at the 5-year forward London interbank offered rate plus an effective contractual spread of 0.5% and maturity premium of 0.1%. Commitment charges for the OCR loan are 0.15% per year to be charged on the undisbursed loan amount.

Source: Asian Development Bank estimates.

14. The government has requested a regular loan of $200 million from ADB’s ordinary capital resources to help finance the project. The loan will have a 25-year term, including a grace period of 5 years; an annual interest rate determined in accordance with ADB’s London interbank offered rate (LIBOR)-based lending facility; a commitment charge of 0.15% per year; and such other terms and conditions set forth in the draft loan and project agreements. The government has requested the straight-line repayment option. Based on the straight-line method, the average maturity is 15.25 years, and the maturity premium payable to ADB is 0.1% per year. 15. The summary financing plan is in Table 6.

Table 6: Summary Financing Plan

Source Amount ($ million)

Share of Total (%)

Asian Development Bank Ordinary capital resources (regular loan)

200.0

66.0

Government 104.0 34.0 Total 304.0 100.0

Source: Asian Development Bank.

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16. Climate finance. Climate adaptation is estimated to cost $20.42 million. ADB will finance 75.2% of adaptation costs. A. Cost Estimates Preparation and Revisions

17. The Bihar State Road Development Corporation Limited prepared the cost estimates. B. Key Assumptions 18. The following key assumptions underpin the cost estimates and financing plan:

(i) Exchange rate: ₹66.886 = $1.00 (as of 27 April 2018). (ii) Price contingencies based on expected cumulative inflation over the

implementation period are as follows:

Table 7: Escalation Rates for Price Contingency Calculation (%) Item 2019 2020 2021 Average

Foreign rate of price inflation 1.5 1.5 1.6 1.5 Domestic rate of price inflation 5.0 5.0 5.0 5.0

Source: Economic Research and Regional Cooperation Department, Asian Development Bank.

C. Detailed Cost Estimates by Expenditure Category

Table 8: Detailed Cost Estimates by Expenditure Category

Component Total Cost ($ million)

% of Total Base Cost

A. Base Cost 1. Land acquisition, resettlement and rehabilitation 23.00 7.57% 2. Civil works 220.00 72.37% 3. Road research institute 10.00 3.29% 4. Consulting services 10.50 3.45% 5. Project management 5.50 1.81% Subtotal Base Cost 269.00 88.49%

B. Contingencies 1. Physical 11.00 3.62% 2. Price 10.00 3.29% Subtotal Contingencies 21.00 6.91%

C. Financing charges 1. Interest during construction 13.00 4.28% 2. Commitment charges 1.00 0.33% Subtotal Financing Charges 14.00 4.61% Total Project Cost

(Base Cost + Contingencies + Financing Charges)

100.00%

Notes: 1. Numbers may not sum precisely because of rounding. 2. Minor environmental monitoring and implementation of resettlement plan and gender action plan costs are

covered in component A. Source: Asian Development Bank.

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D. Allocation and Withdrawal of Loan Proceeds

Table 9: Allocation and Withdrawal of Loan Proceeds SI No. Item Amount Allocated

($ million) % of ADB Financing from

the Loan Account

1. Works 173.65 75.5% of total expenditure claimed

2. Consulting services 10.50 100% of total expenditure claimed

3. Unallocated 15.85

Total 200.00

Source: Asian Development Bank.

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E. Detailed Cost Estimates by Financier

Table 10: Project Cost Estimates by Financier ($ million)

Component ADB GOB

Total % Amount % Amount

A. Base Cost

1. Land acquisition, resettlement and rehabilitation 0.0 0.00 100.0 23.00 23.00

2. Civil worksa 75.5 166.1 24.5 53.90 220.00

3. Road research institutea 75.5 7.55 24.5 2.45 10.00

4. Consulting servicesa 100.0 10.50 0.0 0.00 10.50

5. Project management 0.0 0.00 100.0 5.50 5.50

Subtotal Base Cost 68.46 184.15 31.5 84.85 269.00

B. Contingencies

1. Physical 75.5 8.30 24.5 2.70 11.00

2. Price 75.5 7.55 24.5 2.45 10.00

Subtotal Contingencies 75.5 15.85 24.5 5.15 21.00

C. Financing charges

1. Interest during construction 0.0 0.00 100.0 13.00 13.00

2. Commitment charges 0.0 0.00 100.0 1.00 1.00

Subtotal Financing Charges 0.0 0.00 100.0 14.00 14.00

Total Project Cost

(Base Cost + Contingencies + Financing Charges) 66.0 200.00 34.0 104.00 304.00 ADB = Asian Development Bank, GOB = Government of Bihar. Notes: 1. Numbers may not sum precisely because of rounding. 2. Minor environmental monitoring and implementation of resettlement plan and gender action plan costs are covered in component A. a Includes taxes and duties of $25.08 million to be financed from government resources by cash contribution and the Asian Development Bank (ADB).

Such amount does not represent an excessive share of the project cost. The amount of taxes and duties to be financed by ADB (i) are within the reasonable threshold identified during the country partnership strategy preparation process, (ii) represent only 8% of the investment plan, and (iii) apply only to ADB-financed expenditures. The financing of the taxes and duties is considered material and relevant to the success of the project.

Source: Asian Development Bank.

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F. Detailed Cost Estimates by Outputs and/or Components

Table 11: Project Cost Estimates by Output ($ million)

Component

Output 1: Road rehabilitation

Output 2: Bihar Road Research Institute

Total Cost Amount

% of Cost Category Amount

% of Cost Category

A. Base Cost

1. Land acquisition, resettlement and rehabilitation 23.00 100.0 0.00 0.0 23.00

2. Civil works 220.00 100.0 0.00 0.0 220.00

3. Road research institute 0.00 0.0 10.00 100.0 10.00

4. Consulting services 9.98 95.0 0.53 5.0 10.50

5. Project management 5.23 95.0 0.28 5.0 5.50

Subtotal Base Cost 258.20 95.8 10.80 4.2 269.00

B. Contingencies

1. Physical 9.90 90.0 1.10 10.0 11.00

2. Price 9.00 90.0 1.00 10.0 10.00

Subtotal Contingencies 18.90 90.0 2.10 10.0 21.00

C. Financing charges

1. Interest during construction 13.00 100.0 0.00 0.0 13.00

2. Commitment charges 1.00 100.0 0.00 0.0 1.00

Subtotal Financing Charges 14.00 100.0 0.00 0.0 14.00

Total Project Cost (Base Cost + Contingencies + Financing Charges)

291.10 95.8 12.90 4.2 304.00

Notes: 1. Numbers may not sum precisely because of rounding. 2. Minor environmental monitoring and implementation of resettlement plan and gender action plan costs are covered in component A. Source: Asian Development Bank.

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G. Detailed Cost Estimates by Year

Table 12: Project Cost Estimates by Year ($ million)

Component 2019 2020 2021 2022

2023 Total Cost

A. Base Cost

1. Land acquisition, resettlement and rehabilitation 4.60 9.20 5.75 3.45 0.00 23.00

2. Civil works 22.00 44.00 66.00 66.00 22.00 220.00

3. Road research institute 0.00 0.00 2.50 4.50 3.00 10.00

4. Consulting services 1.58 1.58 2.63 2.63 2.10 10.50

5. Project management 0.83 0.83 1.38 1.38 1.10 5.50

Subtotal Base Cost 29.00 55.60 78.25 77.95 28.20 269.00

B. Contingencies

1. Physical 0.00 1.10 1.65 2.20 6.05 11.00

2. Price 0.00 0.00 0.00 0.00 10.00 10.00

Subtotal Contingencies 0.00 1.10 1.65 2.20 16.05 21.00

C. Financing charges

1. Interest during construction 0.31 1.41 3.20 5.41 2.65 13.00

2. Commitment charges 0.39 0.32 0.21 0.07 0.00 1.00

Subtotal Financing Charges 0.09 0.76 1.93 3.75 7.46 14.00

Total Project Cost (Base cost + contingencies + financing charges)

29.09 57.46 81.83 83.90 51.71 304.00

% Total Project Cost 9.57% 18.90% 26.92% 27.60% 17.01% 100% Notes: 1. Numbers may not sum precisely because of rounding. 2. Minor environmental monitoring and implementation of resettlement plan and gender action plan costs are covered in component A. Source: Asian Development Bank.

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H. Contract and Disbursement S-Curve

Q1/2019

Q2/2019

Q3/2019

Q4/2019

Q1/2020

Q2/2020

Q3/2020

Q4/2020

Q1/2021

Q2/2021

Q3/2021

Q4/2021

Q1/2022

Q2/2022

Q3/2022

Q4/2022

Q1/2023

Disbursement 4 8 12 20 28 38 48 60 70 86 104 120 130 146 164 180 200

Award 60 120 160 200

0

50

100

150

200

250

$ m

illio

n

Quarter/Year

Figure 2: Contract Award and Disbursement Projections

Q = quarter. Source: Asian Development Bank.

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I. Fund Flow Diagram 19. The Government of Bihar will furnish the BSRDCL with sufficient budget for payments to the consultants and contractors based on submitted invoices. The BSRDCL will then submit claims to the borrower, which will then submit to ADB. ADB will pay the borrower out of the loan, and the borrower will provide additional funds to the Government of Bihar. The following diagram shows how the funds will flow from ADB and the borrower.

Figure 3: Fund Flow of the Bihar State Highways III Project

Funds Flow Documents Flow

ADB = Asian Development Bank, BSRDCL= Bihar State Road Development Corporation Limited, CAAA = Controller of Aid Accounts and Audit, HQ = headquarters, PIU = project implementation unit. Source: Asian Development Bank.

Budget

Allo

catio

n

Department of Finance Government of Bihar

Withdrawal Application

Ministry of Finance

Withdra

wal A

pplic

atio

n

Request fo

r F

und

ADB Government of India

Government of Bihar

BSRDCL

CAAA

India Resident Mission

Controller

Government of India Bank

Account

HQ – BSRDCL

PIU

Road Construction Department

Project Bank Account BSRDCL

Project Bank Account operated by PIU

Establishment/ Equipment and other expenses by BSRDCL

Budget R

ele

ase

Government Treasury Account

Contractors/ Suppliers/ Consultants for civil works through PIU

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V. FINANCIAL MANAGEMENT A. Financial Management Assessment 20. The financial management assessment was conducted in May 2018 in accordance with ADB’s Guidelines for the Financial Management and Analysis of Projects and the Financial Due Diligence: A Methodology Note. The financial management assessment considered the capacity of the executing agency, the BSRDCL, including fund-flow arrangements, staffing, accounting and financial reporting systems, financial information systems, and internal and external auditing arrangements. Based on this assessment, the key financial management risks were identified. The summary of the financial management and internal control risk assessment is presented in Table 13. 21. As part of the risk analysis for the project, inherent risk and control risk were assessed as moderate, which resulted in the recommendation for the BSRDCL to (i) post the vacant position of Chief Accounts Officer in the Head Office of the BSRDCL, (ii) complete the entity level audit for the year 2016–2017 immediately, and (iii) appoint an internal auditor to conduct quarterly basis internal audit.

Table 13: Financial Management and Internal Control Risk Assessment

Risk Risk

Assessment Risk Description Mitigation Measures or Action Plans

Inherent Risk

1. Country-specific risks

M There is no country- specific risk to this project. As per the latest country partnership strategy for India, there are fiscal stress and implementation capacity issues at country level.

Not applicable

2. Entity-specific risks

L Experience of the executing agency for implementing the project

The executing agency of the proposed project, the BSRDCL, has experience in implementing ADB- financed projects. A separate project implementation unit established within BSRDCL will reduce the entity-specific risk in managing the project.

3. Project-specific risks

L There are no project-specific risks in this project

Not applicable

Overall Inherent Risk

M

Control Risk

1. Executing agency

L The BSRDCL is proposed to manage and implement the BSHP-III

The executing agency for the BSHP-III is the BSRDCL, a government company registered on 20 April 2009 under the Indian Companies Act. The BSRDCL has been implementing four ADB-assisted projects:

Project Cost ($ million)

ADB Cost ($ million)

BSHP-I (L2443-IND) 390.58 351.52

BSHP-II (L2663-IND) 398.64 274.64

BSHP-II AF 375.00 300.00

BNGBP (L3396-IND) 715.00 500.00

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Risk Risk

Assessment Risk Description Mitigation Measures or Action Plans

The executing agency has significant experience in ADB project implementation. The organizational capacity augmentation with the experienced staff will also support the existing organizational structure.

2. Fund flow L Timely release of counterpart fund to the BSHP-III

ADB disbursement will follow the reimbursement procedure. Timely availability of counterpart funds will be ensured by the executing agency as per the proposed fund-flow arrangements. No systematic issues related to funds have been reported by the BSRDCL during implementation of BSHP-II.

3. Staffing M Dedicated finance and accounting staff for BSRDCL

Dedicated finance and accounting staff are now at BSRDCL. The position of Chief Accounts Officer is currently vacant and needs to be filled before the start of the project.

4. Accounting policies and procedures

L The accounting policies and procedures

The BSRDCL follows the accrual basis accounting system. Financial statements are prepared to comply with the Indian GAAP, including the accounting standards notified under the relevant provisions of the Companies Act 2013.

5. Internal audit M Arrangement of internal audit

The BSRDCL outsourced the internal audit to a chartered accounting firm. The internal auditor conducts the internal audit only on annual basis. It is recommended to have quarterly internal audits for detailed verification of the documents as well as for more efficient implementation of the recommendations.

6. External audit M The audit of the project financial statements

The statutory audit is carried out by the chartered accountant selected from the panel approved by the Comptroller and Auditor General. The entity-level audit for the year 2016–2017 is pending for immediate completion.

7. Reporting and monitoring

L Submission of quarterly progress reports

There is a reporting system in the BSRDCL with physical and financial progress of each project.

8. Information systems

M Optimal use of technology in the finance and accounts wing of the BSRDCL for the preparation of accounts and reporting requirements

The BSRDCL uses Tally ERP software to record the accounting transactions. There is scope for improvement in implementing all functionality available in the software by customizing it to the requirements.

Overall Control Risk

M

H = High, S = Substantial, M = Moderate, L = Low. ADB = Asian Development Bank, BNGBP = Bihar New Ganga Bridge Project, BSHP = Bihar State Highways Project, BSRDCL = Bihar State Road Development Corporation Limited, GAAP = Generally Accepted Accounting Principles. Source: Asian Development Bank.

22. It is concluded that (i) the overall pre-mitigation financial management risk of the BSRDCL is moderate; (ii) the overall post-mitigation financial management risk of the BSRDCL is also

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moderate; and (iii) the BSRDCL has sufficient capacity to administer statement of expenditures (SOE) procedures under the proposed fund-flow scheme. The BSRDCL has agreed to implement an action plan with key measures to address the deficiencies. The financial management action plan presented in Table 14 summarizes the key risks, activities for mitigation, staff and/or personnel responsible, and agreed completion dates.

Table 14: Financial Management Action Plan

Key Risks and Agreed Actions Responsible

Agency Agreed

Completion Date

1. Staff: To fill the vacant position of Chief Accounts Officer in the finance and accounts wing of the BSRDCL.

BSRDCL By January 2019

2. Internal audit: At present, the internal audit is carried out annually. The BSRDCL will conduct quarterly internal audit by outsourcing the internal audit arrangements to a suitably qualified internal auditor. An internal auditor is to be appointed

immediately for the year 2018–2019, and every year before the start of the financial year for subsequent years.

BSRDCL By December 2018

3. Statutory audit: The entity-level statutory audit has not been

completed for year 2016–2017. This is a priority item for immediate completion.

BSRDCL Before loan negotiations

BSRDCL = Bihar State Road Development Corporation Limited. Source: Asian Development Bank.

23. Financial management risks and risk mitigation measures should be reviewed and updated throughout the duration of the project. For effective implementation of the project, it is required to follow up and review with the BSRDCL the implementation status of the recommendations on financial management. ADB review missions will review the status on a semi-annual basis and suggest remedial measures, as appropriate. B. Disbursement

1. Disbursement Arrangements for ADB Funds 24. The loan proceeds will be disbursed in accordance with ADB’s Loan Disbursement Handbook (2017, as amended from time to time), and detailed arrangements agreed upon between the government and ADB.10 Online training for project staff on disbursement policies and procedures is available.11 Project staff are encouraged to avail of this training to help ensure efficient disbursement and fiduciary control. 25. Statement of expenditure procedure. The statement of expenditure (SOE) procedure will be used for reimbursement of eligible expenditures. Supporting documents and records for the expenditures claimed under the SOE should be maintained and made readily available for review by ADB’s disbursement and review missions, upon ADB's request for submission of supporting documents on a sampling basis, and for independent audit.12

10 The handbook is available electronically from the ADB website: https://www.adb.org/documents/loan-disbursement-

handbook. 11 Disbursement eLearning:

https://wpqr4.adb.org/LotusQuickr/disbursement_elearning/Main.nsf/h_Toc/4134FE6581E501E848257CE60012643A/%24FILE/Disbursement_eLearning.htm.

12 Statement of expenditure forms are available in Appendix 7B and 7D of ADB’s Loan Disbursement Handbook (2017, as amended from time to time).

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26. ADB’s advance account and direct payment procedures will not be used for the project. 27. Before the submission of the first withdrawal application, the borrower should submit to ADB sufficient evidence of the authority of the persons who will sign the withdrawal applications on behalf of the borrower, together with the authenticated specimen signatures of each authorized person. The minimum value per withdrawal application is stipulated in ADB’s Loan Disbursement Handbook (2017, as amended from time to time). Individual payments below such amount should be paid by the BSRDCL and subsequently claimed to ADB through reimbursement unless otherwise accepted by ADB. The borrower should ensure sufficient category and contract balances before requesting disbursements. Use of ADB’s Client Portal for Disbursements system is encouraged for submission of withdrawal applications to ADB.13

2. Disbursement Arrangements for Counterpart Fund

28. The government counterpart funds will be sufficiently allocated in the budget annually since the project is on reimbursement procedure. The BSRDCL will prepare the disbursement projections and transmit these to the government to earmark the required funds for budgeting purposes. The BSRDCL will be responsible for preparing disbursement projections and requesting budgetary allocations for the project, including counterpart funds to the RCD of the Government of Bihar. The BSRDCL will submit to ADB annual project contract awards and disbursement projections at least a month before the start of each financial year. C. Accounting 29. The BSRDCL will maintain, or cause to be maintained, separate books and records by funding source for all expenditures incurred on the project following accounting principles and practices prescribed by the Government of India’s accounting laws and regulations.14 The BSRDCL will prepare project financial statements in accordance with the government's accounting laws and regulations, which are consistent with international accounting principles and practices. Project financial statements shall include at a minimum, a statement of receipts and payments with accompanying notes and schedules. Template financial statements provided in the standard terms of reference for the audit of ADB-assisted projects, agreed with the Comptroller and Auditor General of India, Department of Economic Affairs, and ADB, can be referred to as a guide. D. Auditing and Public Disclosure 30. The BSRDCL will cause the detailed project financial statements to be audited in accordance with the Government of India’s regulations by an auditor appointed by the Auditor General and who is acceptable to ADB. The audited project financial statements together with the auditor’s opinion will be presented in the English language to ADB within 6 months from the end of the fiscal year by the BSRDCL. The audited annual financial statement of the BSRDCL as an entity shall also be submitted to ADB within 6 months from the end of the fiscal year. 31. The audit report for the project financial statements will include a management letter and auditor’s opinions, which cover (i) whether the project financial statements present an accurate and fair view or are presented fairly, in all material respects, in accordance with the applicable financial reporting standards; (ii) whether the proceeds of the loan were used only for the 13 The Client Portal for Disbursements facilitates online submission of the withdrawal application to ADB, resulting in

faster disbursement. The forms to be completed by the borrower are available online at https://www.adb.org/documents/client-portal-disbursements-guide.

14 Government laws and regulations follow Indian Generally Accepted Accounting Principles.

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purpose(s) of the project; and (iii) whether the borrower or executing agency was in compliance with the financial covenants contained in the legal agreements (where applicable).

32. In addition to annual audited financial statements referred to in paragraph 30, the BSRDCL shall (i) provide its annual financial statements prepared in accordance with financing reporting standards prevalent in the country; (ii) have its financial statements audited annually by independent auditors whose qualifications, experience, and terms of reference are acceptable to ADB, in accordance with auditing standards acceptable to ADB; (iii) as part of each such audit, have the auditors prepare the auditors’ opinion(s) on the financial statements; and (iv) furnish to ADB, no later than 1 month after approval by the relevant authority, copies of such audited financial statements and auditors’ opinion(s), all in the English language, and such other information concerning these documents and the audit thereof as ADB shall from time to time reasonably request. 33. Compliance with financial reporting and auditing requirements will be monitored by review missions and during normal project supervision, and followed up regularly with all concerned, including the external auditor.

34. The government, the RCD, and the BSRDCL have been made aware of ADB’s approach to delayed submission, and the requirements for satisfactory and acceptable quality of the audited project financial statements.15 ADB reserves the right to require a change in the auditor (in a manner consistent with the constitution of the borrower), or for additional support to be provided to the auditor, if the audits required are not conducted in a manner satisfactory to ADB, or if the audits are substantially delayed. ADB reserves the right to verify the project’s financial accounts to confirm that the share of ADB’s financing is used in accordance with ADB’s policies and procedures.

35. Public disclosure of the audited project financial statements, including the auditor’s opinion on the project financial statements, will be guided by ADB’s Public Communications Policy 2011.16 After the review, ADB will disclose the audited project financial statements and the opinion of the auditors on the project financial statements no later than 14 days of ADB’s confirmation of their acceptability by posting them on ADB’s website. The management letter, additional auditor’s opinions, and audited entity financial statements will not be disclosed.17

15 ADB’s approach and procedures regarding delayed submission of audited project financial statements:

(i) When audited project financial statements are not received by the due date, ADB will write to the executing agency advising that (a) the audit documents are overdue; and (b) if they are not received within the next 6 months, requests for new contract awards and disbursement such as new replenishment of advance accounts, processing of new reimbursement, and issuance of new commitment letters will not be processed.

(ii) When audited project financial statements are not received within 6 months after the due date, ADB will withhold processing of requests for new contract awards and disbursement such as new replenishment of advance accounts, processing of new reimbursement, and issuance of new commitment letters. ADB will (a) inform the executing agency of ADB’s actions; and (b) advise that the loan may be suspended if the audit documents are not received within the next 6 months.

(iii) When audited project financial statements are not received within 12 months after the due date, ADB may suspend the loan.

16 Public Communications Policy: https://www.adb.org/documents/pcp-2011?ref=site/disclosure/publications. 17 This type of information would generally fall under public communications policy exceptions to disclosure. ADB.

2011. Public Communications Policy. Paragraphs 97(iv) and/or 97(v).

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VI. PROCUREMENT AND CONSULTING SERVICES A. Advance Contracting and Retroactive Financing 36. All advance contracting and retroactive financing will be undertaken in conformity with ADB Procurement Policy (2017, as amended from time to time) and Procurement Regulations for ADB Borrowers (2017, as amended from time to time). The issuance of invitations to bid under advance contracting and retroactive financing will be subject to ADB approval. The borrower, the RCD, and the BSRDCL have been advised that approval of advance contracting and retroactive financing does not commit ADB to finance the project. 37. Advance contracting. Activities to be concluded in advance include the procurement of nine civil work contracts and the recruitment of construction supervision consultants. 38. Retroactive financing. Withdrawals from the loan account may be made to finance eligible expenditures incurred under the project before the effective date, but not earlier than 12 months before the date of the loan agreement for this project, in connection with items to be retroactively financed, subject to a maximum amount equivalent to 20% of the loan amount.

B. Procurement of Goods, Works, and Consulting Services 39. All procurement including consulting services to be financed by ADB will follow ADB Procurement Policy (2017, as amended from time to time) and Procurement Regulations for ADB Borrowers (2017, as amended from time to time). 40. Under open competitive bidding with national advertisement, before the start of any procurement, ADB and the government will review the public procurement laws of the central and state governments to ensure consistency with ADB’s Procurement Regulations for ADB Borrowers (2017, as amended from time to time). 41. An 18-month procurement plan indicating threshold and review procedures, goods, works, and consulting service contract packages and open competitive bidding with national advertisement guidelines is in Section C. 42. All consultants will be recruited according to ADB’s Procurement Regulations for ADB Borrowers (2017, as amended from time to time).18

43. An estimated 2,808 person-months (77 international, 2,731 national) of consulting services are required for construction supervision and institutional capacity. Consulting firms will be engaged using the quality- and cost-based selection method with a standard quality–cost ratio of 80:20.

C. Procurement Plan 44. The procurement plan is in Appendix 1, and describes all procurement of works and consulting services.

18 Checklists for actions required to contract consultants by method available in ADB’s Handbook on Project

Implementation at https://www.adb.org/documents/handbook-project-implementation.

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D. Consultant’s Terms of Reference 45. The outline terms of reference for all consultant contracts are provided in Appendices B, C, and D.

VII. SAFEGUARDS 46. Prohibited investment activities. Pursuant to ADB’s Safeguard Policy Statement (SPS) (2009), ADB funds may not be applied to the activities described on the ADB Prohibited Investment Activities List set forth at Appendix 5 of the SPS. A. Environmental Safeguards 47. The project is categorized B in accordance with ADB’s SPS (2009). The project involves improvement of existing five state highways totaling about 230 km from single or intermediate lane to two lanes with paved shoulder. No significant, irreversible environmental impacts are anticipated and none of the roads are located inside or near protected or environmentally sensitive areas. An initial environmental examination (IEE) including an environmental management plan (EMP) has been prepared in accordance with the SPS. 48. The EMP is a plan for mitigating all anticipated environmental impacts during project construction and operation and will be included in the contract agreement with the respective civil works contractor. Specific mitigation measures with details on location, time, and responsible agency for implementation are given in the EMP. The environmental monitoring plan (EMOP) is a plan for monitoring various environment quality parameters and checking the effectiveness of the EMP. The EMOP comprises activities on testing the quality of air and water through laboratory tests, measuring levels of noise and vibration, and physical monitoring of problems of soil erosion, tree plantations, and occupational health and safety issues.

49. One potential issue noted was the possibility of reported wildlife crossings across the road in State Highway (SH)-82. These are not defined wildlife corridors, nor is there a supporting census. However, necessary provisions will be added to the EMP for implementation by the contractor on erecting informatory sign boards and speed control measures in the section with wildlife crossing the road.

50. It is expected that during the construction stage, noise will increase due to construction activities such as land clearing, site preparation, movement of materials and equipment, and establishment of the camp site and office. The impacts of noise exposure on the community will be significant if mitigating measures are not implemented. If there is exceedance in the noise level compared to the World Bank Environmental, Health, and Safety Guidelines’ standards, mitigating measures such as installation of noise barriers will be implemented immediately. 51. Implementation arrangements for environmental safeguards. The responsibilities of various agencies and parties for implementing environmental safeguards are provided below.

(i) Bihar State Road Development Corporation Limited. The BSRDCL will be responsible for ensuring the implementation of environmental safeguards under the project as required in the IEE and respective EMP in accordance with ADB’s SPS and Government of India’s environmental regulations. The BSRDCL will ensure timely processing and securing of all statutory clearances and permits such as the forestry clearance, tree cutting permits, and others. The Deputy General

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Manager (DGM) will be responsible for managing the overall implementation of environmental safeguards under the project. Quarterly environmental monitoring reports prepared by the contractors and construction supervision consultants (CSC) for each road will be reviewed and endorsed by the General Manager. The BSRDCL will submit a consolidated environmental monitoring report for all the roads on an annual basis to ADB for disclosure on the ADB website. Consultations will be held and technical advice will be sought from the Department of Forests on issues concerning forestry clearance, tree removal, and compensatory plantation as necessary.

(ii) Project implementation unit. The DGM is the head of each of the four project implementation units (PIUs). One manager under the DGM will be responsible for ensuring proper implementation of the EMP and EMOP, resettlement, and gender action plan in their respective roads. The four PIUs and the project roads under them are (i) PIU Madhepura–SH-58, (ii) PIU Rajgir–SH-82, (iii) Central PIU–SH-102, and (iv) PIU Munger–SH-84 and SH-85. Each PIU will ensure timely processing and securing of all statutory clearances and permits such as the forestry clearance, tree cutting permits, and others for their respective roads. The DGM will conduct regular site visits and ensure the reports submitted by the contractor and CSC are consistent with site conditions. The PIU will review the quarterly environmental monitoring reports prepared by the contractor and CSC and endorse them before forwarding to the BSRDCL. Consultations will be held and technical advice sought from the Department of Forests on issues concerning forestry clearance, tree removal, and compensatory plantation as necessary. As indicated above in paragraph 49, PIU Rajgir will ensure that additional provisions for informatory signboards on wildlife presence and speed control measures are added to the EMP for the respective contractor.

(iii) Construction supervision consultant. The CSC will be responsible for supervising implementation of the EMP and EMOP by the contractor. The CSC will include an environment specialist who will be responsible for regular site level supervision and monitoring. All subplans such as those for construction camp layout, waste management, borrow area management, traffic management, tree plantation, and others prepared by the contractor will be reviewed and approved by the CSC. The environmental expert will review and verify quarterly environmental reports prepared by each of the contractors. Based on site inspections and environmental reports from the contractors, he or she will prepare consolidated quarterly environmental monitoring reports for all the project roads. The quarterly reports will be consolidated into an annual environmental monitoring report and submitted to the BSRDCL for review, endorsement, and for further submission to ADB. The CSC will also carry out capacity building activities on the implementation of environmental safeguards through training workshops and on-site training for the contractor as necessary.

(iv) Contractor. The contractor will implement the EMP and EMOP. Qualified environmental health and safety experts will be recruited within 30 days of contract signing. These personnel will be present in all construction and camp sites and ensure proper day-to-day implementation of the EMP. The EMOP will include data collection on air, water, noise, and vibration following protocols provided in the IEE. Quarterly environmental monitoring reports will be prepared for review and approval by the CSC.

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B. Social Safeguards 52. The project is categorized A in accordance with ADB’s Safeguard Policy Statement (2009). It will require 10.74 hectares of land consisting of 8.23 hectares of private land and 2.51 hectares of government land (including 2 hectares of vacant land owned by the BSRDCL to be used for the Bihar Road Research Institute building). The project will affect 4,021 households (or 26,538 persons) and 4,818 structures. The project was developed with a commitment to minimize land acquisition through appropriate technical design. While road widening from single lane to two lanes will occur within existing rights-of-way, some land acquisition cannot be avoided where alignments will be improved for safety reasons. 53. Five resettlement plans have been prepared based on a 100% census using the detailed design. The resettlement plans are in line with ADB’s SPS 2009 and national- and state-level acts and policies. A due diligence report on the vacant 2-hectare BSRDCL land for the Bihar Road Research Institute building was also prepared. During the preparation of the resettlement plans, meaningful consultations with project affected persons were undertaken. Draft, final, and updated resettlement plans will be disclosed in the ADB and BSRDCL websites and to affected communities through the project management unit and panchayat offices. 54. If any modification or additional land requirement or involuntary resettlement impacts are identified during detailed design and implementation, existing resettlement plans shall be updated or new ones prepared in accordance with the applicable laws referred to in the resettlement plan and ADB’s SPS 2009. Prior approval of ADB shall be obtained before any further implementation of the relevant section of the project road where such modifications will occur. The government shall ensure that (i) compensation and assistance will be paid to all displaced persons following the entitlement matrix in the resettlement plans prior to displacement; (ii) the land required will be free of encumbrances and obstructions prior to handover to the contractor for the commencement of civil works; (iii) a grievance redress mechanism will be in place as soon as the loan becomes effective to assist affected persons to resolve grievances and complaints in a timely manner; and (iv) semi-annual monitoring reports on the implementation of the resettlement plans will be prepared and submitted to ADB in a timely manner and disclosed on the ADB and BSRDCL websites. 55. The implementation of the resettlement plans will be monitored internally by the BSRDCL and the implementation nongovernment organization (NGO). The BSRDCL will prepare semi-annual social safeguard monitoring reports for submission to ADB. In addition, the BSRDCL will retain an external expert to support involuntary resettlement safeguards compliance and to verify the BSRDCL’s semi-annual monitoring reports. The total cost of resettlement for all the five project roads is estimated to be approximately $23 million.

56. The BSRDCL has the capacity to implement safeguard activities. During the inception mission, ADB will provide training to reorient the BSRDCL and relevant stakeholders. The Supervision Consultant, Environmental Expert, and Resettlement and Rehabilitation Expert will provide continued capacity development and advice to the BSRDCL during implementation. Since the project is classified A for involuntary resettlement, the BSRDCL will retain an external expert to verify its monitoring information. The responsibilities of the respective parties and agencies on implementing the social safeguards are given below:

(i) Bihar State Roads Development Corporation Limited. Ensure that all social safeguard requirements as stated in the resettlement plans and loan covenants are complied with. Submit semi-annual social monitoring reports as necessary to

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ADB for disclosure on the ADB website. (ii) Resettlement implementation NGO. Shall be responsible for assisting the

BSRDCL in facilitating land acquisition and resettlement and rehabilitation activities. The NGO should ensure that ongoing meaningful consultations are conducted, assist displaced persons in accessing the grievance redressal mechanism, and ensure complaints are resolved in a timely matter. The NGO should be mobilized prior to commencement of land acquisition and resettlement and rehabilitation activities.

(iii) Contractor. Ensure that civil works only start on a particular section after it has been declared free of encumbrance. Reconstruct community property resources. Coordinate closely with the NGO and be responsive to addressing relevant grievances.

(iv) External expert. Advise on safeguard compliance issues, and if critical involuntary resettlement issues are identified, propose corrective actions to address such issues. The external expert should be engaged during the duration of resettlement plan implementation.

C. Indigenous Peoples 57. During project preparation, only one affected household classified as belonging to a scheduled tribe was identified in SH-58. Social assessment undertaken for the project confirms that the affected household is fully integrated into the mainstream community. Additional assistance will be provided to vulnerable household as defined in the resettlement plan and entitlement matrix. However, if adverse impacts on indigenous people are identified during project implementation, the BSRDCL will prepare an indigenous peoples plan in accordance with ADB’s SPS 2009 and seek approval of the plan from ADB prior to the commencement of civil works in the relevant sections. D. HIV/AIDS and Human Trafficking 58. The BSRDCL will ensure that all civil works contractors will carry out awareness programs for workers on the risks of sexually transmitted diseases and human trafficking, and disseminate information at worksites on the risks of sexually transmitted diseases as part of occupational health and safety measures for those employed during construction. Contracts for all project roads will include specific clauses on these undertakings, and compliance will be strictly monitored by the BSRDCL with the support of supervision consultants during project implementation. 59. In project affected villages, the implementation NGO will conduct separate HIV/AIDS and human trafficking awareness programs on a semi-annual basis for men and women to address specific needs and questions from each group. The supervision consultant’s gender expert will advise on content of the awareness program, and monitor and report on the status of implementation, including gender-disaggregated data.

VIII. GENDER AND SOCIAL DIMENSIONS A. Gender 60. The project is categorized effective gender mainstreaming (EGM). A gender action plan (GAP) has been prepared for the project (Table 15).

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Table 15: Gender Action Plan Activities Indicators/Targets Responsibility Timeframe

Output 1: State highways widened and upgraded

1. Raise awareness among community members and contractors’ personnel on STIs including HIV/AIDS, health and hygiene, human trafficking, and specific needs of EWCD

• At least 20 awareness programs on STIs, health and hygiene, and human trafficking conducted, including consultations with at least 3,000 community members from affected villages spread over 5 selected highways to assess specific needs of vulnerable users, i.e., EWCD (Target: 30% women)

• At least 5 awareness programs are conducted for contractors’ personnel (one for each contractor) on road safety, STIs including HIV/AIDS, to assess specific needs of vulnerable users, i.e., EWCD, to be taken into consideration

BSRDCL/PIUs/ contractors/NGO

During project implementation

2. Consider specific needs of vulnerable users, i.e., EWCD, in the design and modification of roads

• Road design features installed in project roads, e.g., speed bumps, rumble strips, zebra crossings, cautionary/informative signage, guard stone shoulders, safe sidewalks, etc., installed in at least 100 locationsa

BSRDCL/PIUs/ contractors

During project implementation

3. Ensure communities’ participation in road safety awareness campaigns

• At least 20 grassroots campaigns on road safety organized for 3,000 community members from affected villages and contractors’ personnel (Target: 30% women)

BSRDCL/NGO Year 1

4. Conduct survey to identify potential livelihood skills for training of affected communities including women

• At least 1 survey conducted for each of the 5 project roads to identify potential livelihood skills for training (Target: 1 survey at 5 destinations, 5 livelihood skills/trades identified, 40% potential women entrepreneurs selected as respondents)

BSRDCL/NGO Year 2

5. Train community members in livelihood skills identified by the survey

• Community members trained in 5 livelihood skills identified by the survey (Target: 100 participants, 30 women)

BSRDCL/NGO/ Gender Expert

Year 2

6. Prioritize employment of women as skilled and unskilled labor (20% women laborers)

• Civil works contractors prioritized the employment of women as skilled and unskilled labor to achieve at least 20% of labor workforce are women

BSRDCL/ contractors

During project implementation

7. Establish linkages with national- and state-sponsored government poverty alleviation programs for trained community members to receive micro-enterprise development support

• Community members linked with at least 2 poverty alleviation programs trained to receive necessary linkages and technical support to create their livelihood unitsb (Target: at least 50 community members, 15 women)

BSRDCL/NGO/ Gender Expert

Year 3

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Activities Indicators/Targets Responsibility Timeframe

Output 2: Facilities to house Bihar Road Research Institute constructed

8. Assign staff to the Bihar Road Research Institute proposed to be established under the project

• At least 20 staffing positions in Bihar Road Research Institute filled (Target: 20% women staff─technical/non-technical, as available)

BSRDCL Q3 Year 4

9. Assess impact of skills training and income generation activities, and awareness campaigns on STIs, health and hygiene, trafficking, and road safety on women beneficiaries at completion

• Social and economic outcomes of project interventions for women beneficiaries assessed to identify future interventions for beneficiaries beyond the project (Target: 1 in-depth interview with 25 beneficiaries)

BSRDCL/NGO/ Gender Expert

Year 4

GAP implementation, monitoring, and result reporting

10. Ensure regular implementation, monitoring, and reporting of GAP implementation based on sex-disaggregated data collection

• 1 GFP at BSRDCL and 4 PIUs to provide oversight over implementation, monitoring, and reporting on GAP activities

• 1 gender expert mobilized to support GAP implementation

• GAP implementation reported quarterly

• 100% PIUs/PMU staff to be oriented on GAP provisions and ADB’s requirement on GAP implementation, monitoring, and reporting (Target: 3 training programs)

• Sex-disaggregated data to be collected during preparation of the baseline census survey, project monitoring, and impact assessment reports (Target: baseline surveys of affected households, social monitoring reports, and impact assessment reports to have sex-disaggregated data)

• Combined GAP completion report highlighting key achievements and lessons learned to be submitted upon project completion (Target: 1 combined report at completion)

BSRDCL

BSRDCL

BSRDCL

BSRDCL/ Gender Expert

CSC

BSRDCL/ Gender Expert

Year 1

Year 1

Ongoing

Year 1

Ongoing

Q3 Year 4

ADB = Asian Development Bank, BSRDCL = Bihar State Road Development Corporation Limited, CSC = construction supervision consultant, EWCD = elderly–women–children–disabled, GAP = gender action plan, GFP = gender focal point, NGO = nongovernment organization, PIU = project implementation unit, PMU = project management unit, Q = quarter, STIs = sexually transmitted infections. a Subject to revision based on detailed survey. b Suggested programs: (i) Bihar Rural Livelihood Promotion Society; and (ii) Deen Dayal Upadhyay Gramin Kaushalya Yojana, a part of the National Rural Livelihood

Mission, tasked with the dual objectives of adding diversity to the incomes of rural poor families and catering to the career aspirations of rural youth. Source: Asian Development Bank.

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61. Based on findings from consultations with local communities including women and the implementing agency, practical and implementable gender mainstreaming activities have been incorporated into the project. Some key activities relate to (i) awareness among community members and contractors’ personnel on sexually transmitted infections, including HIV/AIDS, health and hygiene, and human trafficking; (ii) specific needs of vulnerable users, i.e., elderly, women, children and disabled, in the design and modification of roads; (iii) communities’ participation in road safety awareness campaigns; and (iv) livelihood skills training for affected communities, including women, to receive micro-enterprise development support. 62. For output 2 of the project, which is the establishment of the Bihar Road Research Institute, the GAP envisages (i) 20% of the total staff to be assigned to the Bihar Road Research Institute will be women; and (ii) impact assessment of skills training and income generation activities, and various awareness campaigns at completion. In addition, the BSRDCL staff will be oriented to improve gender-sensitive designs, measures, and implementation consistent with ADB’s Policy on Gender and Development.

63. The project through its GAP also provides for a robust mechanism and adequate arrangements to ensure regular implementation, monitoring, and reporting of gender mainstreaming activities based on sex-disaggregated data collection (Table 16). A gender specialist with specific terms of reference will be engaged to implement the GAP, supported by an implementation NGO. A gender focal officer in the BSRDCL has been assigned to ensure GAP implementation and to provide overall supervision and coordination with other government line departments as needed. The budget to implement this GAP has been included under base cost, which covers land acquisition, resettlement, and rehabilitation.

Table 16: Other Safeguard Actions

Safeguard Actions Activity and Targets

Agencies Responsible

Labor standards

• Women employed by project fully informed about labor rights

• Men and women to receive equal pay for equal work

• Child labor not to be employed by project

BSRDCL, CSC,

contractors

Resettlement plan

• Women fully integrated into any income restoration activities

• Priority given to women for livelihood restoration training

• Priority given to project affected women and vulnerable people during project construction

• 100% women participating in livelihood restoration activities will be trained on techniques on savings and managing household expenditure

BSRDCL, implementing

nongovernment organization

BSRDCL = Bihar State Roads Development Corporation Limited, CSC = construction supervision consultant. Source: Asian Development Bank.

B. Health and Labor 64. The BSRDCL will ensure that specific clauses will be included in bidding documents to see to it that civil works contractors (i) comply with all applicable labor laws, regulations, health, safety, welfare, sanitation, working conditions; do not employ child labor for construction and maintenance activities; and provide appropriate facilities for women and children at construction campsites; (ii) prioritize employment of project displaced persons; (iii) prioritize employment of women from project affected areas wherever possible; (iv) do not differentiate wages between men and women for work of equal value; and (v) carry out HIV/AIDS awareness programs for labor and disseminate information at work sites on risks of sexually transmitted diseases and HIV/AIDS as part of health and safety measures for those employed during construction. Such

29

contracts shall also include clauses for termination in case of any breach of the stated provisions by the contractors. The BSRDCL shall cooperate with the Labor Department to monitor the implementation of the clauses. The construction supervision consultants will monitor the implementation and provide data on women and project displaced persons who are employed.

IX. PERFORMANCE MONITORING, EVALUATION, REPORTING, AND COMMUNICATION

A. Project Design and Monitoring Framework

Impact the project is aligned with Road transport accessibility in the state of Bihar improved. [Road Master Plan for Bihar’s State Highway Development (2015-2035)]a

Results Chain Performance Indicators with

Targets and Baselines Data Sources and Reporting Risks

Outcome By 2023 Transport efficiency and safety on selected state highways in Bihar improved

a. Annual average daily traffic on project roads, in the first full year of operation, increased to 1,136,545 vehicle-km (2017 baseline: 762,795 vehicle-km)

b. Average travel time on the project roads reduced by 20% (2017 baseline: 2.4 minutes per km)

c. Reported serious and fatal accidents on the project roads reduced by 20% (2017 baseline: 60 per year)

a.–c. Post-implementation measurement endorsed by RCD c. Data from nearest police stations

Extreme weather events that are beyond projections may cause significant damages to the project roads

Outputs 1. State highways widened and upgraded

By 2022 1a. At least 230 km of state highways widened and upgraded to all-weather standards with road safety featuresb (2017 baseline: 0)

1b. EWCD-friendly features installed in at least 100 locationsc

(2017 baseline: 0)

1c. 10 trees planted for every tree removed during construction (2017 baseline: Not applicable)

1d. At least 20% of skilled and unskilled labor employed by civil works contractors are women (2017 baseline: Not applicable)

1e. At least 50 community members, of which at least 15 are women, from the project influence areas reported increased knowledge in livelihood skillsd

(2017 baseline: 0)

1f. At least 3,000 community

1a.–f. Post-implementation progress report endorsed by RCD

1e. Post training survey of training participants

Increased domestic demand for skilled staff leads to high turnover in key BSRDCL staff during implementation

30

members, of which at least 30% are women, reported increased awareness of road safety, sexually transmitted infections, health and hygiene, and trafficking (2017 baseline: 0)

2. Bihar Road Research Institute established

By 2022 2a. Facility constructed for the Bihar Road Research Institute in Patna (2017 baseline: n/a)

2b. At least 20 staff assigned to the Bihar Road Research Institute, of which 20% are women (2017 baseline: 0)

2c. Operational plan prepared for Bihar Road Research Institute (2017 baseline: n/a)

2a.–c. Post implementation progress report endorsed by RCD

Key Activities with Milestones 1. State highways widened and upgraded 1.1 Award and mobilize Construction Supervision Consultants by Q4 2018. 1.2 Award contracts for widening and upgrading of about 230 km of state highways starting from Q4

2018, and complete construction by Q3 2022. 1.3 Conduct orientation programs for contractors’ personnel to assess specific needs of vulnerable

users, i.e., EWCD to be taken into consideration, by Q4 2020. 1.4 Conduct post-implementation measurement of indicators by BSRDCL by Q4 2022. 2. Bihar Road Research Institute established 2.1 Identify site for the institute in Patna, Bihar by Q2 2018. 2.2 Award and mobilize consultants for the preliminary design of the institute by Q1 2019. 2.3 Start construction works by Q1 2020. 2.4 BRRI to include room for breastfeeding by Q4 2020. 2.5 Functioning institute inaugurated by Q3 2022.

Project Management Activities Project implementation units established by Q2 2018 Resettlement plan activities completed by Q4 2018 Adequate mechanism for oversight of GAP implementation is in place at BSRDCL and PIUs Monitoring reports on GAP submitted every quarter 100% of project staff (PIUs/PMU) trained on GAP provisions and ADB’s requirement on GAP implementation, monitoring, and reporting by Q4 2020

Inputs ADB: $200 million (loan) Government: $104 million

Assumptions for Partner Financing Not applicable

ADB = Asian Development Bank, BSRDCL = Bihar State Road Development Corporation Limited, EWCD = elderly–women–children–disabled, GAP = gender action plan, km = kilometer, n/a = not applicable, PIU = project implementation unit, PMU = project management unit, Q = quarter, RCD = Road Construction Department. a Government of Bihar, Road Construction Department. 2015. Road Master Plan for Bihar’s State Highway

Development (2015–2035). Patna. b Road safety features include geometric improvement, introduction of safety/crash barriers, improved drainage, rigid

pavement in urban areas (reduces likelihood of potholes), and proper pavement markings. c EWCD-friendly features include well-marked crossings, safety signage, and pedestrian walkways. d Initial survey will identify potential livelihood skills for training of affected communities, including women. Source: Asian Development Bank.

31

B. Monitoring 65. Project performance monitoring. The achievement of the project performance targets will be assessed following the design and monitoring framework. The BSRDCL through the construction supervision consultant will establish a project performance management system. A project completion report will be submitted within 6 months of physical completion or such later date as ADB may agree, providing detailed evaluation of the progress of implementation, costs, consultant performance, social and economic impacts, and other details requested by ADB.

66. Compliance monitoring. Compliance with covenants will be monitored through ADB's project administration missions, including the (i) project inception mission to discuss and confirm the timetable for compliance with the loan covenants; (ii) the project review missions to review the borrower's compliance with particular loan covenants and, where there is any noncompliance or delay, discuss proposed remedial measures with the government; and (iii) the midterm review mission to assess whether covenants are still relevant or need to be changed or waived due to changing circumstances. 67. Safeguards monitoring. Compliance with safeguard requirements will be monitored by the construction supervision consultant, who is supervised by the BSRDCL. The BSRDCL shall ensure compliance with the government’s rules and regulations, and documents agreed upon with ADB such as environmental management plans and resettlement plans. ADB review missions will include the compliance of the project with these documents.

(i) Environment safeguard monitoring. Monthly reports on implementation of the

mitigation measures on-site will be maintained by the contractor. Based on these records and weekly spot checks by the CSC environmental specialist, monitoring reports will be compiled on a quarterly basis. The respective PIU and the BSRDCL will review and approve the submitted quarterly monitoring reports. The CSC will consolidate the quarterly monitoring reports into annual environmental monitoring reports and submit these to the BSRDCL for review, approval and for forwarding to ADB for disclosure on the ADB website. If there are any changes in the design or alignment or unanticipated environmental impacts for any road, the respective EMP will be updated to account for any additional or new environmental impacts. The need to revise the environmental impact assessment report during project construction will also be reviewed and confirmed in discussion with ADB.

(ii) Social safeguard monitoring. Semi-annual monitoring reports by the BSRDCL will be submitted to ADB for review and disclosure on the ADB website. In addition, the BSRDCL will submit to ADB the external expert’s reports to verify the BSRDCL semi-annual monitoring reports.

(iii) Gender and development. The social development specialist (gender) in

oversight of the gender focal person at the BSRDCL will monitor the gender dimensions of the project. The specialist will track the progress and assist the BSRDCL to prepare and submit quarterly monitoring reports on GAP implementation in line with ADB reporting requirements. Overall compliance will be monitored by the BSRDCL. The BSRDCL will also submit the combined GAP completion report highlighting key achievements and lessons learned, which shall be submitted upon project completion.

32

C. Evaluation 68. As necessary, special loan administration missions and a midterm review mission will be fielded, under which any changes in scope or implementation arrangement may be required to ensure achievement of project objectives. The BSRDCL will monitor project implementation in accordance with the schedule and time-bound milestones, and keep ADB informed of any significant deviations that may result in the milestones not being met. D. Reporting 69. The BSRDCL will provide ADB with (i) quarterly progress reports in a format mutually agreed with ADB; (ii) consolidated annual reports including (a) progress achieved by output as measured through the indicator's performance targets, (b) key implementation issues and solutions, (c) updated procurement plan, and (d) updated implementation plan for the next 12 months; and (iii) a project completion report within 6 months of physical completion of the project. To ensure that projects will continue to be both viable and sustainable, project accounts and the executing agency audited financial statement, together with the associated auditor’s report, should be adequately reviewed.

E. Stakeholder Communication Strategy 70. Salient information regarding the project, including scope, general progress status, beneficiaries, invitation for bid and consultant recruitment notices, will be provided to the general public. The information will be made available and updated through the official website of the BSRDCL. The safeguard documents, i.e., the initial environmental examination including the environmental management plan, resettlement plans, indigenous peoples plan (if any), will be posted on ADB’s website. The BSRDCL will provide relevant information, including those in paragraph 69, in a timely manner, in an accessible place, and in a form and in languages understandable to the displaced people and other stakeholders. If the displaced people are illiterate, other appropriate communication methods will have to be used. 71. ADB’s communication strategy is summarized below.

Table 17: Documents for Disclosure

Project Document Means of

Communications Timing/Frequency Audience

Project data sheet (PDS)

ADB website Initial PDS no later than 30 calendar days from approval of the concept paper; quarterly updates afterwards

General public

Design and monitoring framework (DMF)

ADB website Draft DMF after fact-finding mission

General public

Initial environmental examination

ADB and BSRDCL websites

Post fact-finding mission General public, project-affected people in particular

Resettlement plan ADB and BSRDCL websites, and directly to affected persons and other stakeholders

Post fact-finding mission General public, project-affected people in particular

33

Project Document Means of

Communications Timing/Frequency Audience

Summary poverty reduction and social strategy

ADB website Post fact-finding mission General public, project-affected people in particular

Legal agreements ADB website No later than 14 days from Board approval of the project

General public

Project administration manual

ADB website Upon loan approval General public

Social and environment monitoring reports

ADB website Semi-annually for social and annually for environment

General public

ADB = Asian Development Bank, BSRDCL = Bihar State Road Development Corporation Limited. Source: Asian Development Bank.

X. ANTICORRUPTION POLICY 72. The Government of India, the Government of Bihar, the Road Construction Department, and the Bihar State Road Development Corporation Limited, and other implementing agencies are advised of ADB’s Anticorruption Policy (1998, as amended to date). Consistent with its commitment to good governance, accountability, and transparency, implementation of the project shall adhere to ADB’s Anticorruption Policy. ADB reserves the right to review and examine, directly or through its agents, any alleged corrupt, fraudulent, collusive, or coercive practices relating to the project.19 In this regard, investigation of government officials, if any, would be requested by ADB to be undertaken by the government. Individuals/entities on ADB’s anticorruption debarment list are ineligible to participate in ADB-financed activity and may not be awarded any contract under the project.20 73. To support these efforts, relevant provisions of ADB’s Anticorruption Policy are included in the loan agreements and the bidding documents. In particular, all contracts financed by ADB shall include provisions specifying the right of ADB to audit and examine the records and accounts of the state and implementing agencies and all contractors, suppliers, consultants, and other service providers as they relate to the project.21 74. ADB's Anticorruption Policy designates the Office of Anticorruption and Integrity as the point of contact to report allegations of fraud or corruption among ADB-financed projects or its staff. It is responsible for all matters related to allegations of fraud and corruption. For a more detailed explanation, refer to the Anticorruption Policy and Procedures. Anyone coming across evidence of corruption associated with the project may contact the Anticorruption Unit by telephone, facsimile, mail, or email at the following numbers/addresses:

• Email: integrity@adb.org or anticorruption@adb.org

• Phone: +63 2 632 5004

• Fax: +63 2 636 2152

• Mail (Please mark correspondence Strictly Confidential): Office of Anticorruption and Integrity

19 Anticorruption Policy: http://www.adb.org/Documents/Policies/Anticorruption-Integrity/Policies-Strategies.pdf 20 ADB's Integrity Office web site: http://www.adb.org/integrity/unit.asp 21 Governance and Anticorruption Action Plan II Guidelines. http://www.adb.org/Documents/Guidelines/GACAP-II-

Guidelines.pdf. See also Sourcebook: Diagnostics to Assist Preparation of Governance Risk Assessments. http://www.adb.org/documents/books/Diagnostics-to-Assist-Preparation-of-GRAs/default.asp.

34

Asian Development Bank 6 ADB Avenue, Mandaluyong City 1550 Metro Manila, Philippines 75. The BSRDCL’s website will provide updated, detailed information on project implementation. For example, it will include procurement-related information, such as the list of participating bidders, name of the winning bidder, basic details on bidding procedures adopted, amount of contract awarded, and the list of goods and/or services procured.

XI. ACCOUNTABILITY MECHANISM 76. People who are, or may in the future be, adversely affected by the project may submit complaints to ADB’s Accountability Mechanism. The Accountability Mechanism provides an independent forum and process whereby people adversely affected by ADB-assisted projects can voice, and seek a resolution of their problems, as well as report alleged violations of ADB’s operational policies and procedures. Before submitting a complaint to the Accountability Mechanism, affected people should make an effort in good faith to solve their problems by working with the concerned ADB operations department. Only after doing that, and if they are still dissatisfied, should they approach the Accountability Mechanism.22

XII. RECORD OF CHANGES TO THE PROJECT ADMINISTRATION MANUAL 77. All revisions and updates during the course of implementation should be retained in this section to provide a chronological history of changes to implemented arrangements recorded in the project administration manual, including revision to contract awards and disbursement s-curves.

Table 18: Summary of Changes to the Project Administration Manual Revision No. Date Description of Revisions

1

2

Source: Asian Development Bank.

22 Accountability Mechanism. https://www.adb.org/site/accountability-mechanism/main.

Appendix 1 35

PROCUREMENT PLAN

Basic Data

Project Name: Bihar State Highways III Project

Project Number: 51180-001 Approval Number:

Country: India Executing Agency:

Bihar State Road Development Corporation Limited

Project Procurement Classification: Category B Implementing Agency: Project Procurement Risk: Medium

Project Financing Amount: $304,000,000 ADB Financing: $200,000,000 Cofinancing (ADB Administered): Non-ADB Financing: $104,000,000

Project Closing Date: 30 June 2023

Date of First Procurement Plan: 5 December 2017 Date of this Procurement Plan: 18 May 2018

Procurement Plan Duration (in months): 18 Advance Contracting: Yes

e-GP: No

A. Methods, Review, and Procurement Plan

1. Except as the Asian Development Bank (ADB) may otherwise agree, the following methods shall apply to procurement of goods, works, and consulting services.

Procurement of Goods and Works

Method Comments

Open Competitive Bidding (OCB) for Goods

Open Competitive Bidding (OCB) for Works

Consulting Services

Method Comments

Quality- and Cost-Based Selection for Consulting Firm 80:20 quality to cost ratio

B. Lists of Active Procurement Packages (Contracts) 2. The following table lists goods, works, and consulting services contracts for which the procurement activity is either ongoing or expected to commence within the procurement plan duration.

Goods and Works

Package Number

General Description

Estimated Value ($)

Procurement Method

Review Bidding

Procedure

Advertisement Date

(quarter/year) Comments

1 Udakishunganj-Bhatgawan Road (SH-58)

23,370,000.00

OCB Prior 1S2E Q2/2018 Advertising: National No. of Contracts: 1 Prequalification of Bidders: N Domestic Preference Applicable: N Advance Contracting: Y Bidding Document: Large Works

36 Appendix 1

Goods and Works

Package Number

General Description

Estimated Value ($)

Procurement Method

Review Bidding

Procedure

Advertisement Date

(quarter/year) Comments

Comments: FIDIC MDB Form 2010

2 Ghogha Bazar Section of Ghogha Panjwara Road (SH-84)

18,410,000.00

OCB Prior 1S2E Q2/2018 Advertising: National No. of Contracts: 1 Prequalification of Bidders: N Domestic Preference Applicable: N Advance Contracting: Y Bidding Document: Large Works Comments: FIDIC MDB form 2010

3 Bazar Panjwara Section of Ghogha Panjwara Road (SH-84)

16,770,000.00

OCB Prior 1S2E Q2/2018 Advertising: National No. of Contracts: 1 Prequalification of Bidders: N Domestic Preference Applicable: N Advance Contracting: Y Bidding Document: Large Works Comments: FIDIC MDB form 2010

4 Akharnagar Amarpur Road (SH-85)

22,820,000.00

OCB Prior 1S2E Q2/2018 Advertising: National No. of Contracts: 1 Prequalification of Bidders: N Domestic Preference Applicable: N Advance Contracting: Y Bidding Document: Large Works Comments: FIDIC MDB form 2010

5 Kadirganj Dewangarh section of Kadirganj Khaira Road (SH-82)

18,440,000.00

OCB Prior 1S2E Q2/2018 Advertising: National No. of Contracts: 1 Prequalification of Bidders: N Domestic Preference Applicable: N

Appendix 1 37

Goods and Works

Package Number

General Description

Estimated Value ($)

Procurement Method

Review Bidding

Procedure

Advertisement Date

(quarter/year) Comments

Advance Contracting: Y Bidding Document: Large Works Comments: FIDIC MDB form 2010

6 Dewangarh Badaldih section of Kadirganj Khaira Road (SH-82)

21,520,000.00

OCB Prior 1S2E Q2/2018 Advertising: National No. of Contracts: 1 Prequalification of Bidders: N Domestic Preference Applicable: N Advance Contracting: Y Bidding Document: Large Works Comments: FIDIC MDB form 2010

7 Badaldih Khaira section of Kadirganj Khaira Road (SH-82)

17,120,000.00

OCB Prior 1S2E Q2/2018 Advertising: National No. of Contracts: 1 Prequalification of Bidders: N Domestic Preference Applicable: N Advance Contracting: Y Bidding Document: Large Works Comments: FIDIC MDB form 2010

8 Bihia Ojbaliya section of Bihia-Jagdishpur-Piro-Bihta Road (SH-102)

25,940,000.00

OCB Prior 1S2E Q2/2018 Advertising: National No. of Contracts: 1 Prequalification of Bidders: N Domestic Preference Applicable: N Advance Contracting: Y Bidding Document: Large Works Comments: FIDIC MDB form 2010

9 Ojbaliya Bihta section of Bihia-

28,810,000.00

OCB Prior 1S2E Q2/2018 Advertising: National No. of Contracts: 1

38 Appendix 1

Goods and Works

Package Number

General Description

Estimated Value ($)

Procurement Method

Review Bidding

Procedure

Advertisement Date

(quarter/year) Comments

Jagdishpur-Piro-Bihta Road (SH-102)

Prequalification of Bidders: N Domestic Preference Applicable: N Advance Contracting: Y Bidding Document: Large Works Comments: FIDIC MDB form 2010

Consulting Services

Package Number

General Description

Estimated Value (in US$)

Selection Method Review Type of

Proposal Advertisement

Date (quarter/year)

Comments

C1 Construction Supervision Consultants (Package 1)

4,400,000.00 QCBS Prior FTP

Q2/2018 Type: Firm Assignment: International Quality-Cost Ratio: 80:20 Advance Contracting: Y

C2 Construction Supervision Consultants (Package 2)

5,650,000.00 QCBS Prior FTP

Q2/2018 Type: Firm Assignment: International Quality-Cost Ratio: 80:20 Advance Contracting: Y

C3 Bihar Road Research Institute consultants

500,000.00 QCBS Prior BTP

Q1/2019 Type: Firm Assignment: International Quality-Cost Ratio: 80:20 Advance Contracting: N

BTP = biodata technical proposal, FIDIC = International Federation of Consulting Engineers, FTP = full technical proposal, MDB = multilateral development bank, N = no, OCB = open competitive bidding, Q = quarter, QCBS = quality- and cost-based selection, SH = State Highway, Y = yes.

C. List of Indicative Packages (Contracts) Required Under the project

3. The following table lists goods, works, and consulting services contracts for which procurement activity is expected to commence beyond the procurement plan duration and over the life of the project (i.e., those expected beyond the current procurement plan duration).

Appendix 1 39

Goods and Works Package Number

General Description

Estimated Value ($)

Procurement Method Review Bidding

Procedure Comments

10 Civil works for Bihar Road Research Institute

10,000,000.00 OCB Prior 1S2E Advertising Type: National No. of Contracts: 1 Prequalification of Bidders: N Domestic Preference Applicable: N Bidding Document: Large Works Comments: for Q3/2019; FIDIC MDB Form 2010

Consulting Services Package Number

General Description

Estimated Value ($)

Selection Method Review Type of

Proposal Comments

None

D. Non-ADB Financing

4. The following table lists goods, works, and consulting services contracts over the life of the project, financed by non-ADB sources.

Goods and Works

General Description Estimated Value

(cumulative) Estimated Number of

Contracts Procurement Method Comments

Consulting Services

General Description Estimated Value

(cumulative) Estimated Number of

Contracts Selection Method Comments

Social Development Specialist – Gender

$20,000 1 BTP Type: Individual Assignment: National Quality-Cost Ratio: 80:20 Advance Contracting: Y

40 Appendix 2

TERMS OF REFERENCE FOR CONSTRUCTION SUPERVISION CONSULTING SERVICES

A. Introduction and Background

1. The Bihar State Road Development Corporation Limited (BSRDCL) has been entrusted by the Government of Bihar with the responsibility of rehabilitation, upgrading, and strengthening of state highways under the Bihar State Highways III Project (BSHP-III). These terms of reference (TOR) define the services required of the construction supervision consultant who shall be engaged to assist the BSRDCL in the implementation of the project. The project is being considered for financing by the Asian Development Bank (ADB). The selected project roads are described in Table A2.1 below:

Table A2.1: Bihar State Highways III Selected Project Roads

Package No.

Civil Package Works

State Highway

No. Road Name Length

(km)

Time for Completion

(month)

Team Leader’s

Office

Supervision Package No. BSHP-III/SC/ SH-58/84/85, Package-1

BSHP-III/1/ SH-58

SH-58 Udakishunganj–Bhatgama Road

29.48 27

Bhagalpur

BSHP-III/2/ SH-84

SH-84 Ghogha–Bazar Section of Ghogha–Panjwara Road

21.00 27

BSHP-III/3/ SH-84

SH-84 Bazar–Panjwara Section of Ghogha–Panjwara Road

22.35 27

BSHP-III/4/ SH-85

SH-85 Akharnagar–Amarpur Road

29.30 27

TOTAL 102.13

Supervision Package No. BSHP-III/SC/SH-82/102/105, Package-2

BSHP-III/5/ SH-82

SH-82 Kadirganj–Dewangarh Section of Kadirganj– Khaira Road

27.00 27

Patna

BSHP-III/6/ SH-82

SH-82 Dewangarh–Badaldih Section of Kadirganj–Khaira Road

27.00 27

BSHP-III/7/ SH-82

SH-82 Badaldih–Khaira Section of Kadirganj–Khaira Road

21.10 27

BSHP-III/8/ SH-102

SH-102 Bihia–Ojhbaliya Section of Bihia–Jagdishpur– Piro–Bihta Road

29.00 27

BSHP-III/9/ SH-102

SH-102 Ojhbaliya–Bihta Section of Bihia–Jagdishpur– Piro–Bihta Road

25.52 27

TOTAL 129.62

2. The project scope includes (i) widening the existing carriageway to two-lane carriageway width with earthen/paved shoulders on either side, (ii) upgrading and strengthening/reconstruction of existing pavements, (iii) rehabilitation and widening of existing bridges, (iv) construction of new bridges and rail over bridge, (v) rehabilitation of existing culverts and construction of new culverts, (vi) improvement of road junctions, etc. The contracts for the construction work will be procured under open competitive bidding with national advertisement and will be executed under the International Federation of Consulting Engineers (FIDIC) Conditions of Contract (Multilateral Development Bank, Harmonized Edition 2010). The construction period of each package would be as shown in Table A2.1, and construction is expected to commence in January 2019. The

Appendix 2 41

BSRDCL will administer the project as the “employer” through the project implementation unit (PIU). 3. To ensure the successful and timely implementation of construction packages, the supervision consultancy services will broadly include project management as the “Engineer” in terms of the civil works contract, supervision and monitoring, quality assurance, environmental management, social safeguards, contract management and making engineering decisions, approval of decisions, verification of quantity, recording of measurements, and certification of measurement and bills of the contractor. 4. The consultant shall incorporate the latest techniques and technological developments, and if required, offer advisory services on specific terms for satisfactory project implementation. It is anticipated that the services of the consultant would be required from January 2019 and over the duration of the construction and defect notification periods. 5. Project preparation. The project preparation works have been carried out by the consulting firm engaged by the BSRDCL. The consultant will be required to review the entire data and modify the arrangements, if necessary, in consultation with the BSRDCL.

6. The detailed project reports for the roads have been prepared for the proposed ADB-assisted project. All detailed designs and estimates for the bridges and road sections are available. These would need to be reviewed with a view to including bridges, checking the provisions for the roads, and carrying out fresh designs, if required.

7. The bill of quantities shall have to be reviewed and adjusted within the framework of the civil works contract. The main objective of such an exercise would be to rationalize the cost and review the provision of the roads and bridges from the technical consideration.

B. Objectives and Scope

8. Objectives. The objective of the consulting services is to assist the BSRDCL in implementing the project as follows: (i) Ensure high standards of quality assurance in the execution and completion of

work within the stipulated time limit. (ii) Comprehensive supervision of the contractor’s project implementation activities to

ensure complete compliance with the drawings, technical specifications, and various stipulations contained in the contract documents, with high standards of quality assurance in supervision and in the execution of work.

(iii) Efficient construction supervision and monitoring by personnel who are experienced in modern methods of construction supervision and contract management.

(iv) Proper management of civil works contracts as the “Engineer.” (v) Provide training to BSRDCL officials in managing the contracts, with particular

regard to contract administration, quality assurance, method statement, work methodology, plan and profiles of roads and bridges, as-built drawings, resettlement and rehabilitation, environmental management plan, supervision construction manual, job mix formula, technical specification and preparation, checking of interim payment certificate, software to be used for the project, and compliance with ADB’s Safeguard Policy Statement (SPS), 2009.

42 Appendix 2

9. Scope of consulting services. The scope of the consulting services for each of the major areas includes, but is not limited to, the following activities:

(i) The consultant will be responsible for the supervision of all construction work. As the “Engineer,” the consultant will administer the construction contracts for relevant packages and ensure that the contractual clauses, with respect to both quality and quantity of work, are respected and the works are constructed in accordance with the provisions of the construction contracts. The consultant shall designate its chief executive officer (CEO) or one of the full-time directors of the firm/company to act as the Engineer for the civil works contract. The Team Leader of the consultant's team shall be nominated as the Engineer’s representative and shall act on behalf of the Engineer. The Engineer will delegate such authority to the Engineer’s representative as may be necessary for day-to-day work. However, the consulting firm/Engineer shall be responsible for all actions taken by the Engineer’s representative and his/her team. For this purpose, the Engineer will undertake regular visits to the project site.

(ii) The construction supervision consultant will make all necessary measurements and control the quality of works. The construction supervision consultant will make all engineering decisions required for the successful and timely implementation of the construction contracts. He/she will have all the powers that are defined as those of the Engineer with the exception of the following, for which he or she will seek the prior approval of the employer: (a) issuing the order to commence the works; (b) issuing/approving variation orders that have financial implications, except in

an emergency situation as reasonably determined by the construction supervision consultant;

(c) issuing/approving/sanctioning of additional items, sums or costs, and variation of rates and prices;

(d) approving or subletting of any part of the works; (e) approving any extension of contractual time limits; (f) stopping and/or termination of the contractor for works; and (g) where these terms of reference or the civil construction contract conditions

require to do so.

(iii) The construction supervision consultant shall undertake a review of the detailed project report that will be provided by the employer with respect to technical specifications, engineering designs, drawings, bill of quantities, etc. provided under the works contract as per actual site conditions, identify any defects, omissions or modifications, if required or deemed appropriate, which compromise the completeness or consistency of the design. This review shall be carried out immediately after the services commence and shall be completed within 1 month. On completion of the review, the construction supervision consultant shall prepare a comprehensive review report suggesting modifications in the technical provisions, designs, drawings, and bill of quantities provided in the detailed project report and civil works bid document and shall prepare fresh “good for construction” drawings to be issued to the civil works contractor. This exercise needs to be done in consultation with and with due concurrence of the BSRDCL. The construction supervision consultant shall submit six copies of the review report to the BSRDCL (employer) along with suggested changes in provisions.

Appendix 2 43

(iv) In addition to or as an expansion of the activities and responsibilities required of the Engineer as detailed in construction contracts, the construction supervision consultant will, inter alia, undertake, but not be limited to, the following activities:

10. General tasks. These entail the following:

(i) Give the order to commence the works subject to the prior approval of the employer.

(ii) Administer the construction contracts, approve materials, issue variation orders to the contractors, and ensure that the quality of the works is in accordance with the contractual specifications.

(iii) Approve or suggest modifications in the contractor’s work program, method statements, material sources, etc.

(iv) Monitor progress of the works, identify causes or potential causes of any delay, and advise the employer of suitable corrective actions in a timely manner.

(v) Review and approve the contractor’s proposed personnel for positions nominated in the contract.

(vi) Conduct road safety audit during detailed project report review, construction, and pre-opening and post-opening of roads for traffic.

(vii) Ensure requisite insurances have been received, and comply with the requirements of the contract.

(viii) Review and ensure conformity of contractor’s securities in the approved formats and ensure validity of these securities.

(ix) Review and approve the construction methods proposed by the contractor for carrying out the works to ensure that these are satisfactory with particular reference to the technical requirements, project implementation schedule, and environmental aspects as well as safety of works, personnel, and the general public.

(x) Carry out supervision of all works as per approved method statements of various items of work and ensure proper supervision as per requirement.

(xi) Assist the BSRDCL in arranging the relocation of services, including providing plans of the location of all services if not shown in sufficient detail in the existing plans, preparing correspondence for the BSRDC, arranging meetings, and generally ensuring that the BSRDCL is meeting the deadlines necessary to avoid delay claims from the contractor.

(xii) Review the initial environmental examination report and update the environmental management plan (EMP) and environmental monitoring plan (EMOP).

(xiii) Ensure the contractor implements the EMP. (xiv) Conduct coordination and training workshops on roles and responsibilities on EMP

and EMOP implementation. (xv) Prepare environmental monitoring reports based on the EMP monitoring and

EMOP implementation activities as given in the Appendix to be submitted to ADB (as per ADB requirement), and provide assistance to the employer with respect to contract implementation, claims, and other matters.

(xvi) Advise and assist the employer with respect to the arbitration, and appeal of arbitration or litigation relating to the works, whenever required.

(xvii) Provide other specialist services relevant to the project as may be agreed to during negotiations or as ordered by the employer.

(xviii) Monitor and report on the implementation of the resettlement plan in accordance with ADB’s Safeguard Policy Statement (2009), including livelihood restoration activities.

44 Appendix 2

(xix) Assess and evaluate the adequacy of compensation given to the project affected people and the livelihood opportunities and incomes. Conduct intensive study in each year on the changes of livelihood pattern of the 10% targeted affected people. Analyze the pre-and post-project socioeconomic conditions of the affected people.

(xx) Advise the BSRDCL on how to bring contractor(s) back into environmental compliance in case the latter failed to comply with any provisions of the approved EMP.

(xxi) Monitor and report on HIV/AIDS awareness activities in project affected communities, and contractor’s compliance with HIV/AIDS provisions in the civil works contracts.

(xxii) Design the project performance management system (PPMS) and undertake project performance monitoring and evaluation of the project in accordance with ADB’s PPMS handbook. Baseline data will be collected and verified by the construction supervision consultants assisting the employer throughout project implementation and at project completion.

(xxiii) Ensure that the construction methods as proposed by the contractor for carrying out the works are satisfactory, with particular reference to the technical requirements of sound environmental standards on the basis of ADB’s environmental guidelines for selected infrastructure development projects (highways and roads), inspection of contractor’s construction equipment, safety of the works, property, personnel, and the general public.

(xxiv) Develop and make online entries on the management information system (MIS) for the BSRDCL.

(xxv) An authentic system including biometric or any feasible system acceptable to the BSRDCL shall be adopted for ensuring the presence of key professionals, non-key professionals, and other support staff.

(xxvi) Prepare and issue the following reports in hard and soft copies in the format and content acceptable to the employer for each report: (a) Inception/commencement report and a construction supervision

manual: 5 copies, to be submitted within 90 days of commencement of services. The commencement report shall contain the details of all meetings held with the client and the contractor and decisions taken therein, the resources mobilized by the consultants as well as the contractor and the consultants’ perception in the management and supervision of the project. The report shall also include the master work program and resource mobilization for the project. The primary objective of the construction supervision manual will be to develop guidelines for administration, supervision, and management of the project. Such a manual is not intended to be a contractual document nor is it to take precedence over the specifications. The manual will merely act as a guide and reference to staff in the management and supervision of the project for discharging their duties in a smooth and systematic manner.

(b) Brief monthly progress report: 5 copies, which should be submitted

within 7 days from the end of each month. (c) Detailed quarterly report: 5 copies, to be submitted within 14 days of the

end of each quarter. Quarterly reports should include the description of project activities, illustrated by progress/completion photographs, status of any delays and contractual claims, and details of all latest financial

Appendix 2 45

projections. The progress report (monthly and quarterly) shall contain details of all meetings, decisions taken therein, mobilization of resources (consultants’ and contractors’ resources), physical environmental and social safeguards, and financial progress and the projected progress for the forthcoming periods vis-à-vis provisions of the civil works contract. The report shall clearly bring out the delays/non-conformance(s), if any, reasons for such delay(s)/non-conformance(s), and the recommendations for corrective measures. The report shall also contain the performance data for contractor’s plant and equipment.

(d) Detailed contract completion/Final report: 6 copies are to be submitted

to the employer. The consultant (Engineer) will prepare a comprehensive final completion report of the construction contract package after completion of the work. The report shall incorporate a summary of the method of construction, the construction supervision performed, as-built construction drawings, problems encountered and solutions undertaken thereon, and recommendations for future projects of similar nature to be undertaken by the employer. The Engineer will then summarize and consolidate these in a single report. The consultant shall submit the self-appraisal report within the prescribed time summarizing the following: (1) Details of personnel including substitution made during the

assignment (2) Details of variation orders issued (3) Details of extension of time granted to the contractor (4) Details of quality assurance system (5) Quality observed at site by the consultant (6) Details of claims (7) Special preventive measures for maintenance suggested by the

consultant (8) Summary on implementation of social, resettlement, and

environment safeguard requirements, and recommendations for post construction measures

(9) Whether the project has been effective in delivering outputs and producing the outcomes expected in the project design and monitoring framework

(10) Whether the project delivered or will be delivered in a cost-effective and time-efficient manner (for example, the economic internal rate of return after project completion is one of the benchmarks)

(11) Sustainability of the outputs and outcomes of the project over the medium term

(e) Quality assurance manual: 7 copies, detailing all quality assurance and

quality control (QA/QC) procedures, to be submitted within 30 days of commencement of services.

(f) Maintenance manual: 6 copies, detailing routine and periodic

maintenance tasks that will be required to maintain the completed project. Draft copies of this manual should be submitted for comments to the employer within 12 months of commencing services.

46 Appendix 2

(xxvii) Interpretation of the technical specifications and contract documents.

11. Technical design. These are the tasks entailed:

(i) Issue good-for-construction drawings based on the reviewed detailed project report (DPR), tender/bid drawings, field survey undertaken by the contractor/consultant, taking into account the actual site conditions. Good-for-construction drawings are to provide full construction details, which will include, but not be limited to, the following: (a) detailed highway geometry—this work will include, if required, amending the

DPR alignment plan and profile drawings based on the updated topographic survey of the project site, including data gathered by the contractor as work proceeds.

(b) detailed drainage, including extensions and connections to existing culverts and drains, and associated earthworks protection. In urban, semi-urban, or built-up areas, detailing is required for entire storm water runoff collection system.

(c) details of all road furniture, stripping, and all other traffic control and safety measures, including all wayside amenities.

Good-for-construction drawings shall be issued by the Construction Supervision Consultant as early as possible, but in any case, not later than 14 days from the date of submission of relevant data by the contractor.

(ii) Ensure all bridge details are complete, and to modify the design and drawings wherever required due to founding level as a result of the change in the founding strata or any other reason at the time of execution.

(iii) Ensure that good-for-construction drawings as issued to the contractor are complete, consistent, and coherent across the entire project

12. Quality control. These entail the following:

(i) Review of all mix designs proposed by the contractors and approve or suggest modifications in the mix design, laying methods, sampling and testing procedure, and quality control measures, to ensure required standard and consistency in quality at the commencement of items. The approval of mix designs with or without modifications shall be issued as early as possible, but in any case, not later than the time limit prescribed in the relevant specifications. In cases where no time limit is prescribed in the specifications, this will be not later than 14 days from the date of submission of the job mix formula (JMF) by the contractor. It is advised that the construction supervision consultant’s representative on the project road should associate himself or herself with the job mix design done by the contractor so as to save on time to be taken by this activity.

(ii) Evolve a system of quality assurance of works, including, but not limited to, establishing testing frequencies and acceptance criteria for all construction activities based on best international practices.

(iii) Inspect the performance of the work with regard to workmanship, compliance with the specifications, and all necessary testing required for acceptance of any item of work.

(iv) Inspect and approve all materials sources nominated by the contractor. (v) Assess and check the laboratory and field tests carried out by the contractors, and

carry out independent tests. (vi) Issue orders to the contractor to remove or make good any work that is found to

Appendix 2 47

be (a) not in accordance with the drawings; (b) not in accordance with the specifications in terms of either work method or

materials specification; and (c) covering work which has not been inspected for acceptance or rejected as

unacceptable. (vii) Maintain records of all testing work, including cross referencing to items of work to

which each test refers and the location from which any samples were obtained for testing.

(viii) Ensure that all environmental mitigation measures are followed in accordance with the requirements of the approved environmental management plan.

13. Construction supervision. These entail the following:

(i) Assist and advise the employer in advance actions required to be taken for handing over of site and in achieving different milestones for completion of projects as per schedule.

(ii) Assist the employer in proper monitoring of works progress and implementation of the project through computer-aided project management techniques.

(iii) Approve and/or issue good-for-construction drawings including variations thereof, and approve the setting out of the works and give instructions to the contractors.

(iv) Prepare/issue modified good-for-construction drawings based on the initial review conducted by the consultant and amendments agreed to by the employer.

(v) Prepare/issue modified good-for-construction drawings required for any variation order, or any other change, agreed to by the employer.

(vi) Approve the contractor’s proposed designs and drawings for temporary works. (vii) Check the contractor’s setting out for conformance with the good-for-

construction/working drawings. (viii) Inspect at regular intervals the contractor’s plant and facilities, for both construction

work and workers’ accommodations, to ensure that they confirm with both the conditions of contract and all government regulations.

(ix) Inspect all the contractor’s safety measures, including labor welfare, and notify immediately both the employer and the contractor of any infringement or violation.

(x) Maintain records such as good-for-construction/working/as-built drawings, test data, details of variations, correspondences, and diaries in the formats approved/specified by the employer.

(xi) Inspect the works or any part of the works, on substantial completion and advise the employer of any outstanding work, including defects to be remedied, to be completed during the defects liability period. This inspection is to be performed before any part of the works is accepted as substantially complete.

(xii) Inspect the works at appropriate intervals during the defect liability period and issue the defect liability certificate.

(xiii) At the completion of the contract, verify the “as-built drawings” as true record of the works as constructed.

(xiv) Assist the employer in coordination work with different agencies and hold meetings for proper and timely implementation of the project.

(xv) Liaison and coordinate with relevant authorities to remove all obstacles and encumbrances from the project site, including utility relocation and tree cutting, as required.

(xvi) Conduct road safety awareness campaign to mobilize communities living along the state highways.

48 Appendix 2

14. Measurement and payment. These entail the following:

(i) Make measurements and keep measurement records, including the measurement books issued to the consultant by the employer.

(i) Issue interim certificates for payments. (ii) Reconciliation of interim payment certificate with regard to the quantities and

chainages at quarterly completion (25%, 50%, 75%, and 100%) of the project. (iii) Certify completion of part or all of the works. (iv) Review and ensure continuity of contractors’ sureties in approved formats. (v) Prepare quarterly cash flow projections for the employer in a format acceptable to

the employer. Cash flows should identify budget estimates for all outstanding work. (vi) Update cost estimates each year or at quarterly completion (25%, 50%, 75%, and

100%) of the project, whichever takes place early. (vii) Maintain records of all plant, labor, and materials used in the construction of the

works. (viii) Check contractor’s materials ordering schedule. (ix) Analyze any contractual claim submitted by the contractor and prepare a report for

the employer addressing the contractual basis, in terms of both technical and financial issues, for the claim and recommendations for a response to the contractor.

(x) Assist the employer in providing clarifications/explanations to the observations made from time to time, by auditors.

(xi) Prepare financial statements and withdrawal applications.

15. The construction supervision consultant will process interim and final payments to the contractor in accordance with the civil works contract interim monthly payments, which shall be based on interim payment certificates processed by the construction supervision consultant following claims filed by the contractor. The construction supervision consultant will be accountable for the quality and the quantities of the work. In processing contractual payments, the team leader of the construction supervision consultant shall certify that he/she has checked at least 10% of tlhe measurements and quality control tests. The team leader shall inform the the DGM (Tech), Project Implementation Unit about the details of these check tests before undertaking them, so that the DGM (Tech) or his/her officers could associate and verify these, if they wish to do so. The team leader or any of his/her concerned experts shall do the repeat tests or measurements, if directed by the DGM (Tech) of the construction package, in the presence of the DGM (Tech) or any of his/her representatives. In case of any conflict, the consultant may do the test check in the presence of the DGM (Tech) limited to 5% of total measurement/quality control tests. Whenever final measurements are to be made, the construction supervision consultant’s team leader will inform the contractor and the employer several days in advance. The employer may authorize his or her representative who will be empowered to participate and to check any measurement, if he or she so wishes.

16. The Engineer’s representative and his/her staff under the overall control of the construction supervision consultant (Engineer) shall carry out such duties and exercise authority as may be delegated to him/her by the Engineer. The Engineer may, from time to time, delegate to the Engineer’s representative any of the duties and authorities vested in the Engineer and he/she may at any time revoke such delegation. Any such delegation or revocation shall be in writing and shall not take effect until a copy thereof has been delivered to the employer and the contractor. 17. The construction supervision consultant shall, if so required by the employer, provide any

Appendix 2 49

of the following services as additional services: (i) prepare reports, including technical appraisals, additional contract documentation, and/or reviewing and commenting on contractor’s proposals, as may be required for any additional work needed for the successful completion of the project; and (ii) provision of any other specialist services as may be required from time to time. All additional services, other than minor extras which do not materially affect the scope of work, will be authorized by the employer at the rates established in the construction supervision contract, or, when services require the use of specialists not listed in the contract, as mutually agreed upon.

C. Timing of Services

18. It is anticipated that the consulting services defined under this TOR will commence in January 2019 and last for 41 months, including the defect liability period. The actual commencement date will be confirmed during negotiations and will be dependent upon the progress toward the award of contract with the contractor for construction of the project. 19. The period of services has been derived on the basis of the consulting services commencing 2 months prior to commencement of construction and extending 12 months beyond completion, i.e., up to the end of the defect notification period. However, neither the commencement nor completion of construction work shall be construed as necessary conditions of either commencement or completion of services. D. Performance Security

21. The consultant shall be required to submit an acceptable bank guarantee for an amount equal to 10% of the accepted consultancy cost toward performance security proportionately in the currencies of payment asked for in the bid proposal. The validity of the bank guarantee(s) shall cover the entire duration of the consultancy period plus 6 months. The format of the bank guarantee(s) shall be approved by the consultant’s employer. The bank guarantee(s) shall be released after satisfactory completion of the assignment and submission of the final bill of the civil contractors. E. Deficiency of Services

22. Deficiencies in the services on the part of construction supervision consultant may attract penal provisions in the form of fines up to a maximum amount of 10% of contract price and/or debarment, blacklisting, etc. by the client. The client shall have the right to communicate to all the departments/governments/agencies inside the state and outside the state regarding action(s) initiated against the consulting firm regarding their inferior services. Sample deficiencies include, but are not limited to, the following:

(i) Not acting impartially or acting in collusion with the contractor in the award of variation, fixation of new rates, etc.

(ii) Not keeping proper records regarding quality control, inspection, rejection/ rectification of work, etc.

(iii) Failure to give proper and timely advice to client/contractor to enable correction during execution.

(iv) Delay in design and withholding approvals, etc. beyond the period mentioned in these terms of reference for such action.

(v) Recommending extension to the contractor with a view to extending duration of supervision services.

(vi) Discrepancies found regarding quality control results data.

50 Appendix 2

(vii) Refusing to give reasons for decisions when called for by the client. (viii) Not being fully conversant with manuals, specifications, standards, client’s/

ministry’s guidelines, and requirements of the project to be followed during construction.

(ix) Certifying substandard work for payment. (x) Not exercising required scrutiny/non approval of temporary stretch/works. (xi) Lack of proper coordination with contractors and project manager/client's

representative to ensure smooth implementation of projects. (xii) Permitting subletting of any part/major works without authorization. (xiii) Delay in mobilization of required staff at any stage of the contract. (xiv) Indulging in corrupt, fraudulent, coercive, or collusive practices.

F. Consultant’s Proposal Submission

23. This TOR is prepared to address the construction supervision consultancy package in a general way. The consultants have been shortlisted for this package. The consultants are advised to inspect the concerned project stretch and acquaint themselves with the ground realities. The consultants are also advised to go through the bid documents of the construction package(s) and reports prepared by earlier consultants, which have been put to tender by the employer before submission of proposal and include the provisions required thereof for meeting the contract requirements. 24. The consultant’s submission should be focused on the project requirements as per the TOR details. The methodology to be submitted should address the project stretch requirements. All specific issues for which references have been made in the various clauses of this TOR should be addressed effectively. Descriptions of general nature should be avoided. G. Staffing 25. The staffing levels set out in these terms of reference are for guidance only. Consultants are required to furnish the biodata of key international and national personnel (Table A2.2). The consultants may propose alternative arrangements which in their opinion will provide supervision services of equivalent desired quality while ensuring that the input of any individual member of the international staff is not less than that indicated in Table A2.4. 26. The total implementation period will consist of (i) a pre-construction period of 2 months, (ii) a construction period of 27 months, and (iii) a defect liability period of 12 months, as per the arrangement proposed. The site supervision team would be mobilized on the date of actual commencement of works by the contactor as decided by the employer. During the defect notification period, the Engineer along with other staff will be required to continue on a part-time basis, as and when required, for which the matter shall be dealt separately at the appropriate stage toward the completion of the project. However, the services of construction supervision consultant may be extended as per the need of the particular subproject.

27. After award of the contact, the client expects all the proposed key personnel to be available during implementation of the contract as per the agreed staffing schedule. The client will not consider substitutions during contract implementation except under compelling circumstances (such as death and/or extreme nature of ailment for which a medical certificate shall be produced from the hospital/nursing home). In case of such replacements, the consultant will ensure that there is a reasonable overlap between the staff to be replaced and replacement wherever feasible/possible. Replacement of key personnel beyond an upper limit of 25% person-month

Appendix 2 51

shall invite penalty. The new key personnel after substitution beyond the 25% person-month limit shall be paid 80% of the agreed billing rates, and if person-month substitutions cross beyond the 50% person-month limit, then 5% of the contract amount shall be deducted. 28. The guide to staffing levels are given in Table A2.2 for key personnel and Table A2.3 for non-key personnel.

Table A2.2: Staffing Guide to Key Personnel

Description Number Person-Months

of Inputs

Position Designation – International Staff

Team Leader cum Senior Contract Administration Specialist (Engineer’s Representative)

1 31

Position Designation – National Staff

Road Safety Specialist 1 4

Senior Highway Engineer

1 31

Senior Bridge/Structural Engineer

1 31

Senior Pavement cum Materials Engineer

1 27

Senior Quantity Surveyor cum Contract Specialist

1 31

Resettlement and Rehabilitation Expert

1 6

Environment Specialist

1 6

CAD Engineer

1 31

Resident Engineers (1Pkgx1REx29PM+2 and 3Pkgx1REx29M+4Pkgx1RE29)

3 87

Table A2.3: Staffing Guide to Non-Key Personnel

Description Number Person-Months

of Inputs

Position Designation – National Staff

Quantity Surveyor cum MIS In-charge (1Pkgx1QS x29MM+2and3Pkgx1QSx29M+4Pkgx1QSx29)

3 87

Materials/Quality Control Engineer (1Pkgx1QCE x27MM+2and3Pkgx1QCEx27MM+3Pkgx1QCEx27)

3 81

Field Engineers (Roads, Bridges, Surveys) 12 330

Laboratory Technician (1Pkgx1LT x27MM+2Pkgx1LTx27MM+3Pkgx1LTx27+4Pkgx1LTx27)

4 108

Manager (IT) (for Team Leader’s office) 1 27

Junior Environmental Expert (for Team Leader’s office) 1 27

Accountant/ Office Manager (for Team Leader’s office) 1 31

Computer Operators (2 for Team Leader’s office and 1 each for Resident Engineer’s office) 5 149

Other support staffs (3 Peons for Resident Engineer and 2 for Team Leader’s office, 3 Guards for Resident Engineer and 1 for Team Leader’s office)

9 267

H. Preferred Qualification Requirements 29. The qualification requirements listed herein for key and non-key personnel are “preferred”, and meeting which would be rated “average” in the technical evaluation. However, qualifications specifically phrased as “minimum” or “at least” are considered minimum qualification

52 Appendix 2

requirements, and failing to meet these may be considered as “non-complying” for those specific requirements. The detailed requirements and their importance (in terms of weighting) are in the evaluation sheets attached to the data sheet in section 2 of the request for proposal (RFP). 30. International staff are defined as senior staff who have experience in large highway construction projects, and are expected to have experience in projects in more than one country and to have significant experience in projects that were funded by a major international donor agency under international conditions of contract. 31. Tables A2.4 and A2.5 detail the positions for key and non-key personnel respectively and their corresponding tasks and responsibilities but which are not necessarily limited to these.

Table A2.4: Position and Qualification-Based Tasks/Assignments for Key Personnel

No. Position Qualifications Tasks/Responsibilities

1. Team Leader cum Senior contract administration Specialist No. of positions: 1 Person-months: 31

• Bachelor’s degree in civil engineering

• Master’s degree in civil engineering/contract management/construction management/project management/infrastructure development management will be preferred.

• Master’s degree in highway/transportation engineering and higher qualification with membership in recognized institutions will have added advantage.

• Overall experience of 20 years or more will have added advantage.

• Worked as Resident Engineer/ Team Leader or as “Engineer” or “Engineer’s Representative” for at least 15 years on supervision of road construction projects, out of which he/she should have worked for at least 10 years as Engineer/ Engineer’s Representative

• Should have experience in contract administration of large-size highway projects (costing over $50 million) in his/her home country/other developing countries

• Must be familiar with International Federation of Consulting Engineers (FIDIC) conditions of contract

• Should have experience in supervision of at least 3 projects funded by a multilateral funding agency

• Should have supervision

• Assist the employer and Engineer in contract administration and management of the project and civil works contract.

• Interpret the technical specifications and contract documents.

• Obtain consent of the concerned authorities before approvals of any redesign of road realignment, modifications, and redesign of bridges.

• Review the contractor’s securities being in approved format and ensure timely renewal of securities.

• Ensure receipt of requisite insurances as per contract requirement.

• Mobilization of the supervision team. • Establishment of the main office and

guidance in setting up site offices. • Study and review site records, designs,

specifications, contract documents, contract drawings, etc.

• Preparation of review report. • Issue the working drawings, technical

specifications, and contract documents to the contractor. Also, provide any such supplementary information requested by the contractor, which is considered necessary for him/her to carry out the works.

• Review and approve the contractor’s mobilization plan, work program, key personnel, method statements, materials sources, etc.

• Carry out overall project management, coordination, communications, monitoring, information management, reporting, etc.

• Develop a suitable computer-aided project management system and management information system (MIS).

• Establish quality assurance system and

Appendix 2 53

No. Position Qualifications Tasks/Responsibilities

experience in highway projects costing over $30 million or more

• Must have experience in assisting the employer in FIDIC conditions of contract for handling arbitration and dispute resolution procedures

• Should have experience in planning and monitoring road works using project management software like Primavera or other critical path method (CPM)/ program evaluation and review technique (PERT) software for administration and scheduling of construction activities in the context of FIDIC conditions of contract

• Must have experience in supervising highway projects in at least 1 country

• Should be able to communicate in the English language

construction supervision control. • Inspect the works with regard to

workmanship and compliance with the specifications and drawings, and approve the contractor’s plant and equipment.

• Direct the contractor to carry out all such work or to do all such things as may be necessary to avoid or reduce the risk in case of any emergency affecting the safety of life and/or works and the adjoining property.

• Verify and submit the as-built drawings supplied by the contractor.

• Carry out periodic review of the contractor’s resources vis-à-vis the work program.

• Monitor the recommendations for environmental protection.

• Coordinate with the concerned authorities for shifting of various utilities, if any.

• Advise the Bihar State Road Development Corporation Limited (BSRDCL) of the estimated total cost of completion of the works as and when required.

• Check and certify the contractor’s payment applications, invoices, claims and other statements, and compliance with contract, and monitor the payment process.

• Assist the BSRDCL in negotiations with the contractor on the rates for any unscheduled item of work that may arise.

• Maintain records, working drawings, as-built drawings, test data, details of variations, correspondence, and daily site diary in the approved and specified formats.

• Advise the BSRDCL on extension/ release of retention money, performance guarantee, bank guarantee for mobilization advance, etc. whenever required.

• Preparation and submission of all reports/designs and drawings.

• Carry out inspections during the defects liability period and take appropriate action in terms of the contract and certify the defect liability certificate.

• Overall superintendence of the key personnel/support staff of all the construction packages.

• Provide coordination with government and other agencies to prevent delay in

54 Appendix 2

No. Position Qualifications Tasks/Responsibilities

the project. • Reporting all measures required

controlling the project cost and time over- runs.

• Examine the claims of the contractor, interim payment variation orders, if any, and prepare the monthly reports as per the project requirements.

• Recommend quantum of release of retention money, performance guarantee, bank guarantee for mobilization advance, etc.

• Evaluate, advise, and assist the employer on contractor’s claims, disputes, time extensions, variations, suspension orders, or any penalties, etc.

• Assist the BSRDCL in any process of litigation or arbitration audit and analysis of contractor’s claims.

• Arrange for any additional services related to the projects as required by the client.

• Overall responsible for contract administration and management, including monitoring of alignment; profile and quality of road, bridge, and cross drainage works; correctness of quantity of work executed and payable to the contractor; implementation of the environmental management plan; social and safeguard issues, etc.

2. Road Safety Specialist No. of positions: 1 Person-months: 4

• Bachelor’s degree in civil engineering

• Master’s degree in civil engineering will be preferred.

• Master’s degree in transportation engineering and higher qualification with membership in recognized institutions will have added advantage.

• Should have at least 12 years overall experience and at least 8 years experience in road safety engineering and operations, including the identification and treatment of black spots, road safety monitoring and evaluation, conducting road safety audits, and development of traffic management schemes

• Has undertaken road safety awareness program for communities living along highways

• Assist in modifying the drawings as per the requirement for the safety of road users.

• Assist in preparation of drawings for junction improvement.

• Identifying and treating black spots, road safety monitoring and evaluation, conducting road safety audits, and development of traffic management schemes.

• Identifying the location for putting the traffic signage and marking as per the requirement of the project road.

• Undertake road safety awareness program for communities living along the project road.

• Conduct road safety audit during the detailed project report (DPR) review, construction, and pre-opening of roads for traffic.

• Study, review, and comment on the safety audit manual prepared by the contractor/concessionaire; review safety

Appendix 2 55

No. Position Qualifications Tasks/Responsibilities

• Experience in improving road safety in mixed traffic/mixed speed road environments in Asia and particularly in India would be an advantage.

• Must be familiar with FIDIC conditions of contract

• Has experience in supervision of at least 3 projects funded by a multilateral funding agency

• Must have experience in supervising similar highway projects in at least 3 international organizations

measures adopted by the contractor/ concessionaire during execution of different components of works; review schemes for traffic management and diversion plan during the construction period; review the safety measures provided for the traffic and project workers; conduct road safety inspection; prepare site-specific road safety audit report; and suggest measures to address various issues.

• Assist the Team Leader as and when required.

3. Senior Highway Engineer No. of positions: 1 Person-months: 31

• Should be a senior-level engineer with a bachelor’s degree in civil engineering

• Master’s degree in civil engineering/contract management/construction management/project management/infrastructure development management will be preferred, or master’s degree in highway engineering.

• Higher qualification with membership in recognized institutions will have added advantage.

• Should have overall professional experience of at least 15 years, out of which at least 10 years experience in working as highway engineer in construction and supervision

• Should have supervision experience in at least 2 highway projects, each project costing over $30 million or more

• Should have experience in planning and monitoring road works using project management software like Primavera or other CPM/PERT software for administration and scheduling of construction activities in the context of FIDIC conditions of contract

• Should have experience in the supervision of at least 2 projects funded by a multilateral funding agency

• Must have experience in supervising similar highway

• Review available designs/drawings and carry out reconnaissance survey of the project road.

• Check alignment plan and profile based on the survey carried out by the contractor.

• Carry out modifications in design/ drawings as considered necessary.

• Assist in issuing good-for-construction drawings to the contractor.

• Assist the Team Leader in the preparation of quality assurance and the construction supervision manual.

• Assist the Team Leader in preparation of the design review report.

• Assist the Team Leader in approving the contractor’s mobilization plan, work program, method statements, key personnel, etc.

• Assist the Team Leader in overall project management, coordination, communications, monitoring and reporting, etc.

• Assist the Team Leader in establishing construction supervision procedures and construction supervision control and other allied works.

• Carry out supervision of road construction works and ensure that works are done as per the specifications, method statement/work methodology, and conditions of contract.

• Assist the Team Leader in verifying the as-built drawings.

• Assist the Team Leader in the preparation of all types of reports.

• Review horizontal and vertical alignments for the road based on the review of tender drawings and topographic survey carried out by the contractor, including

56 Appendix 2

No. Position Qualifications Tasks/Responsibilities

projects in at least 3 international organizations

amending the alignment plan and profile based on updated topographic surveys.

• Check setting-out data for the works finalized as a result of ground verification and survey.

• Overall responsible for the correctness of alignment, profile, and quality of roads.

• Assist the Team Leader in all activities relating to road design and construction supervision.

4. Senior Bridge/ Structural Engineer No. of positions: 1 Person-months: 31

• Should be a senior-level engineer with a bachelor’s degree in civil engineering

• Master’s degree in civil engineering/contract management/construction management/project management/infrastructure development management will be preferred.

• Master’s degree in structural engineering

• Higher qualification with membership in recognized institutions will have added advantage.

• Should have overall professional experience of 15 years

• Should have worked for at least 10 years on design review, construction and supervision of bridge works in projects costing over $30 million (single project) in the highway sector

• Should have minimum experience in structural analysis and expertise in using structural analysis and design software like STAAD Pro, SAP 2000, etc.

• Should have experience in planning and monitoring bridge works using project management software like Primavera or other CPM/PERT software for administration and scheduling of construction activities in the context of FIDIC conditions of contract

• Should have experience in supervision of at least 2 projects funded by a multilateral funding agency

• Must have experience in supervising similar highway

• Study and review site records, designs, specifications, contract documents, contract drawings, etc.

• Checking of structural design of bridges, culverts, and other structures.

• Assist the Team Leader in preparation of quality assurance and the construction supervision manual.

• Assist the Team Leader in preparation of review report.

• Carry out modifications in design/ drawings for structures if required.

• Checking and controlling the concrete mix design.

• Approve the setting out of all bridges and structures.

• Approve bar bending schedule, staging, and formwork details.

• Monitor the progress of work for timely completion of the project.

• Final inspection of bridges and structures. • Checking production, transport, laying,

compaction, and curing operations. • Maintain construction records for

structures. • Assist the Team Leader as and when

required.

Appendix 2 57

No. Position Qualifications Tasks/Responsibilities

projects in at least 3 international organizations

5. Senior Pavement cum Materials Engineer No. of positions: 1 Person-months: 27

• Should be a senior-level engineer with a bachelor’s degree in civil engineering

• Master’s degree in civil engineering/contract management/construction management/project management/infrastructure development management will be preferred.

• Master’s degree in materials engineering and higher qualification with membership in recognized institutions will have added advantage.

• Should have overall professional experience of at least 15 years

• Should have working experience for at least 10 years as materials engineer

• Should have supervision experience of at least 2 highway projects, each project costing $30 million or more

• Should have experience in management through computerized quality assurance system (QAS)

• Should have experience in various design and construction procedures for flexible and rigid pavements in construction and supervision of highway projects

• Must have experience in supervising similar highway projects in at least 3 international organizations

• Review the materials survey reports. • Review the detailed design and drawings

especially pertaining to pavements. • Assist the Team Leader in preparation of

quality assurance and the construction supervision manual.

• Assist the Team Leader in preparation of review report.

• Assist in carrying out any modifications as considered necessary.

• Identify locations of borrow areas and quarry areas.

• Inspect sources of materials and determine their suitability for various components of the works– embankments, pavements, surfacing, and structures.

• Assess the quantity of materials likely to be available and the haul distances to the site.

• Carry out field and laboratory testing of soil samples and other construction materials as well as the analysis of results and their interpretation.

• Identify materials suitable for use in embankments, sub-base, and pavement.

• Approve job-mix designs for concrete and bituminous works.

• Maintain a record of all materials at site and review the contractor’s procurement schedule and assist the Resident Engineer in issuance of instructions to the contractor for correcting the same, if deemed necessary.

• Assist the Resident Engineer in issuance of site instructions for the approval or rejection of materials at source and at site.

• Evolve a quality control system. • Supervision of quality control testing of all

materials and completed works and ensuring that all materials and completed works are as per the technical specifications.

• Monitoring the contractor’s laboratory and field testing, and carrying out independent testing.

• Checking the records of the contractor with respect to the quantity of the material.

• Scrutinize the contractor’s construction method statement/work methodology and

58 Appendix 2

No. Position Qualifications Tasks/Responsibilities

assist the Team Leader in approving this. • Overall responsible for the crust design

and quality of construction materials for roads, bridges, and cross drainage works.

• Assist the Team Leader in the preparation and submission of reports.

6. Senior Quantity Surveyor cum Contract Specialist No. of positions: 1 Person-months: 31

• Should be a senior-level engineer with a bachelor’s degree in civil engineering

• Master’s degree in civil engineering/contract management/construction management/project management/infrastructure development management will be preferred.

• Higher qualification and membership in recognized institutions will have added advantage.

• Should have overall professional experience of 15 years and has worked for at least 10 years as Quantity Surveyor on large-size highway projects costing over $30 million (single project)

• Must have experience in the preparation of quantity/cost records/planning of works using project management software such as Primavera or CPM/PERT, in the administration and scheduling of construction activities in the context of the FIDIC conditions of contract

• Should have experience in supervision of at least 1 project funded by a multilateral funding agency

• Should have experience in FIDIC conditions of contract for handling arbitration and dispute resolution procedures

• Should have experience in at least 1 project in contract administration in the highway sector, costing over $30 million (single project)

• Must have experience in supervising similar highway projects in at least 2 international organizations

• Study and review site records, designs, specifications, contract documents, contract drawings, etc.

• Reporting all measures required controlling the project cost and time over- runs.

• Examine the claims of the contractor and interim payment variation orders, if any, and prepare monthly reports as per project requirements.

• Assess and prepare quantum of liquidated damages depending upon the stretches taken over.

• Recommend quantum of release of retention money, performance guarantee, bank guarantee for mobilization advance, etc.

• Assist the Team Leader in preparation of reports.

• Evaluate, advise, and assist the Team Leader on contractor’s claims, disputes, time extensions, variations, suspension orders, or any penalties, etc.

• Assist the BSRDCL in any process of litigation or arbitration, audit and analysis of contractor’s claims.

• Advise the Team Leader on contractual matters.

• Measure quantities of work, record measurements, and verify bill of quantity (BOQ) items and work quantities executed in the contractor’s monthly statement.

• Verify and examine interim payment certificates received from contractors.

• Maintain a permanent record of all measurements for the work quantities.

• Checking of levels and quantity measurements for all items of works executed at different stages for calculations required for payment purposes throughout the duration of the project.

• Prepare/check cost estimates of works as required.

• Assist in recommendation of interim payment certificates.

Appendix 2 59

No. Position Qualifications Tasks/Responsibilities

• Prepare/check analysis of rates/ quantities for variation/additional items during the course of contract.

• Assess and prepare quantum of liquidated damages depending upon the stretches taken over.

• Prepare/check final bills of the contractor. • Prepare financial statements. • Assist quantum of release of retention

money, performance guarantee, bank guarantee for mobilization advance, etc.

• Assist the Team Leader in preparation of reports.

7. Resettlement and Rehabilitation Expert No. of positions: 1 Person-months: 6

• Should be a graduate in civil engineering/postgraduate in social science

• Civil engineering/postgraduate in social science with membership in recognized institutions will be preferred.

• Master’s degree in civil engineering/PhD in social science or higher qualification will have added advantage.

• Should have overall experience of 15 years out of which 10 years should be on transportation infrastructure projects

• Must have experience in rehabilitation and resettlement works related to major highway projects preferably funded by multilateral funding agencies, costing more than $30 million (single project)

• Should be fully familiar with preparation and implementation of resettlement plan as per procedures laid down by the Asian Development Bank (ADB) and the Government of India

• Experience in supervising similar highway projects funded by at least 2 international organizations is preferred.

• Support the BSRDCL in matters related to land acquisition and resettlement.

• Monitoring and updating of resettlement plan.

• Monitor the status of contractor’s compliance with HIV/AIDS provisions in the contracts.

• Develop specific monitoring indicators for undertaking monitoring of safeguard issues, particularly the implementation of the resettlement plans and livelihood restoration program, and for carrying out a baseline survey of 10% project affected people.

• Verify the progress in land acquisition/ resettlement implementation against set indicators, and provide corrective measures to the BSRDCL and Rehabilitation and Resettlement (R&R) NGOs, if necessary.

• Assess and evaluate the adequacy of compensation given to the affected people and the livelihood opportunities and incomes. Conduct intensive study in each year on the changes of livelihood pattern of the 10% targeted affected people. Analyze the pre-and post-project socioeconomic conditions of the affected people.

• Review results of internal monitoring and verify claims of the affected people through 10% sample check at the field level to assess whether land acquisition/ resettlement objectives have generally been met.

• Monitor and assess the adequacy and effectiveness of the consultative process with affected people, including the effectiveness of grievance procedures and legal redress available, and recommend dissemination of information

60 Appendix 2

No. Position Qualifications Tasks/Responsibilities

about these. • Appraise the BSRDCL accounting

documents used in recording the payments of compensation to affected people. Annually conduct an assessment of the effectiveness of the work being undertaken and level of results achieved.

• Verify expenditure and adequacy of budget and auditing for execution of the resettlement plan of the R&R NGOs.

• Review and verify the scope and status of employment of the affected persons, particularly the women and the vulnerable affected people, in project civil construction work.

• Assist the Team Leader as and when required.

8. Environment Specialist No. of positions: 1 Person-months: 6

• Should be a graduate in civil engineering/master’s degree in environmental science

• Graduate in civil engineering/master’s degree in environmental science with membership in recognized institutions will be preferred.

• Master’s degree in environmental engineering/PhD in environmental sciences and higher qualification with membership in recognized institutions will have added advantage.

• Should have an overall experience of 15 years out of which 10 years must be on major highway projects

• Should have experience in at least 2 projects in the highway sector costing more than $30 million (single project)

• Should have experience in at least 2 projects funded by multilateral funding agencies such as ADB, the World Bank, etc.

• Should be conversant with requirements of multilateral funding agencies regarding environmental safeguards and preparation and execution of the environmental management plan as per the requirement

• Must have experience in supervising similar highway projects in at least 2 international organizations

• Review the approved/disclosed initial environmental examination (IEE)/environmental impact assessment (EIA), and if need be, update it in case there is change in project scope.

• Develop project-specific questionnaire/ checklist for effective implementation of the environmental management plan (EMP) and environmental monitoring plan (EMOP).

• Scrutinize the construction methods and suggest environmentally friendly alternative techniques.

• Assist the BSRDCL in securing all clearances and permits required for the project.

• Devise a training module for the executing agency, including the project implementation unit (PIU) cell about regulatory obligations/clearances and ADB’s safeguard requirements. Ensure effective implementation of the EMP/EMOP.

• Undertake periodically trainings and awareness for contractors’ personnel about health and occupational safety.

• Guide the contractor for the effective implementation of the EMP/EMOP.

• Suggest measures to enhance the environmental performance of the project.

• Provide input in the monthly progress report highlighting the present status of EMP implementations and key concerns.

• Conduct meaningful consultations, as per ADB’s Safeguard Policy Statement, with all stakeholders during construction stage.

Appendix 2 61

No. Position Qualifications Tasks/Responsibilities

• Ensure that all bill of quantity items of the EMP are implemented.

• Assess the practicality of the proposed grievance redress committee and make modifications as per local conditions and mechanisms.

• Maintain proper records of all grievances received and addressed.

9. CAD Engineer No. of positions: 1 Person-months: 31

• Should have a bachelor’s degree in civil engineering

• Bachelor’s degree in civil engineering/contract management/construction management/project management/infrastructure development management with membership in recognized institutions will be preferred.

• Master’s degree in civil engineering and higher qualification with membership in recognized institutions will have added advantage.

• Should have an overall experience of 15 years out of which are 10 years in the highway sector

• Should have worked for at least 5 years on working drawings as a CAD engineer

• Should have experience in using design software, e.g., MX Road and STAAD Pro

• Has experience in handling total station survey data for designing and preparing plan/profile/cross-sections and cross drainage (CD) works

• Should have experience in reviewing and modifying existing digital terrain model (DTM) as per site conditions

• Must have experience in supervising similar highway projects in at least 2 international organizations

• Responsible for modifying the drawing/ as-built drawing.

• Assist in issuing the good-for-construction drawing to the contractor.

• Assist the Team Leader in finalizing setting out and issuing finished road level (FRL).

• Crosschecking of natural ground level (NGL) and original ground level (OGL) data recorded by the contractor.

10. Resident Engineer No. of positions: 3 Person-months: 87

• Should be a senior engineer with a bachelor’s degree in civil engineering

• Master’s degree in civil engineering/contract management/construction management/project management/infrastructure

• In-charge of the respective construction project package.

• Coordinate with all other experts of the construction project and report to the Team Leader.

• Interpret the technical specifications and contract documents and advise the Team Leader.

62 Appendix 2

No. Position Qualifications Tasks/Responsibilities

development management will be preferred.

• Higher qualification in civil engineering and membership in recognized institution will have an added advantage.

• Should have an overall experience of 20 years

• Should have experience of 15 years in construction supervision of highway sector

• As a minimum requirement, should have worked as a Resident Engineer or engineer-in-charge for at least 1 highway project costing more than $30 million

• Should be familiar with FIDIC conditions of contract

• Should have experience in supervision of at least 2 projects funded by a multilateral funding agency

• Must have experience in supervising similar highway projects in at least 2 international organizations

• Obtain related approvals from concerned authorities for any redesign of road realignment, modifications, and redesign of bridges.

• Review the contractor’s securities being in approved format and ensure timely renewal of securities.

• Ensure receipt of requisite insurances as per contract requirement.

• Ensure contractor’s effects and implements in line with the quality assurance system.

• Review and assist the Team Leader in approving the contractor’s detailed work program, suggesting modifications, if any, and ensure contractor’s compliance with the program.

• Review and assist the Team Leader in issuing finalized or revised good-for-construction drawings and additional detailed drawings required for the execution of the work.

• Assist the Team Leader in issuing to the contractor the amended alignment plan and profile drawings based on the review of tender drawings and updated topographic surveys.

• Assist the Team Leader in issuing bridge details and modified drawings wherever required due to changes in the founding level, as a result of changes in founding strata or any other reason at the time of execution.

• Assist the Team Leader in the approval of contractor’s working drawings based on setting out details.

• Ensure compliance of setting out data for the works finalized as a result of ground verification and survey.

• Advise the contractor in all matters covering safety and care of work, environmental aspects, and labor welfare.

• Review and check the test results and certificates of all construction material and/or sources of materials to ensure quality.

• Review and check the mix designs proposed by the contractors

• Verify and recommend, if in order, contractors’ requests for advance and interim payment certificate.

• Assist the client in arranging relocation of services.

Appendix 2 63

No. Position Qualifications Tasks/Responsibilities

• Maintain a permanent record of all payments made to the contractor.

• Prepare monthly reports. • Prepare financial statements. • Ensure the contractor implements and

maintains environmental monitoring in compliance with the environmental management plans.

• Operate the project performance management system (PPMS).

• Monitor the work of the Assistant Resident Engineer (Roads) and Assistant Resident Engineer (Bridge).

• Overall responsible for contract administration and management, including monitoring of alignment; profile and quality of roads, bridges, and cross drainage (CD) works; correctness of quantity of work executed and payable to contractor; implementation of environmental management plan; social and safeguard issues; etc.

• Review the design and drawings prepared by the contractor and approve it with modification, if any.

• Issues regarding all detailed working drawings to the contractor.

• Directly responsible for regulating the construction process as per stipulated specifications, standards, contracts, etc.

• Assist the employer in handing over the site to the contractor.

• Keep proper records of the contractor’s activities and progress by maintaining a project diary.

• Assist the Team Leader in reviewing the contractor’s work program and performance of the contractor’s plant, equipment, and machinery.

• Strictly monitor the progress of work for timely completion of the project.

• Supervision, scrutiny, and approval of the final setting out by the contractor.

• Assist the Team Leader in updating drawings, setting up of quantity and quality control procedures, and review of contractor’s method of construction.

• Monitor contractor operations, including adherence to safety and environmental requirements.

• Issue site instructions. • Assist the Team Leader with the

preparation of variation orders. • Maintain a record set of working

64 Appendix 2

No. Position Qualifications Tasks/Responsibilities

drawings. • Maintain construction records. • Preparation of maintenance manual. • Assist the Team Leader with the

evaluation of contractor’s claims, etc. • Quality control of works: verification of

lines and levels, inspection of works, acceptance and rejection of the completed works.

• Conduct and keep a record of minutes of the site meetings.

• Prepare and submit all reports. • Final inspection of works. • Verification of contractor’s statements of

completion. • Compilation and verification of as-built

drawings, and preparation of contract completion reports.

• Assist the employer and Team Leader in project performance monitoring and evaluation.

Table A2.5: Position and Qualification-Based Tasks/Assignments for Non-Key Personnel

No. Position Qualifications Tasks/Responsibilities

1. Quantity Surveyor cum MIS In-charge No. of positions: 3 Person-months: 87

• Should be a graduate in civil engineering

• Should have 5 years of experience in the highway sector or in works of similar nature

• Should have worked for at least 3 years on estimating/costing of medium- or large-size highway contracts

• Should have experience in preparation of cost estimates and administration of scheduling of construction activities under FIDIC conditions of contract

• Should have knowledge of management information systems (MIS)

• Review bill of quantity (BOQ) items and quantity with drawings and point out the discrepancies/variations, if any, to the Resident Engineer.

• Measure quantities of work, record measurements, and verify BOQ items/ work quantities executed in the contractor’s monthly statement.

• Verify and examine interim payment certificates received from contractors.

• Prepare variation statement for the Resident Engineer.

• Maintain a permanent record of all measurements for the work quantities.

• Assist the Resident Engineer in preparing the monthly reports and financial statements.

• Make online entries in the MIS system of the employer.

• Responsible for correctness, accuracy of measurement, and quantity of works recorded.

• Assist the Senior Quantity Surveyor in carrying out all measurements of works and cost control.

• Carry out and maintain records of all materials at site and review the contractor’s procurement.

• Assist the Resident Engineer as and

Appendix 2 65

No. Position Qualifications Tasks/Responsibilities

when required.

2. Materials/Quality Control Engineer No. of positions: 3 Person-months: 81

• Should be a graduate in civil engineering

• Should have a total experience of 5 years out of which he/she should have worked for at least 3 years as Materials/Quality Control Engineer on at least 2 road projects with medium to large contract sizes

• Must have experience in various testing procedures; designs of various mixes such as GSB, WMM, bituminous mixes, concrete mixes, etc.; and various design and construction procedures for flexible and rigid pavements

• Should be familiar with quality control procedures laid down in relevant specifications

• Experience in design of pavements as per international practices is preferable.

• Assist the Resident Engineer and Senior Pavement/Materials Engineer to finalize sampling methods and criteria and acceptance criteria for quality control and assurance.

• Examine contractors’ preparation and completed portion of work as per “request for inspection” and advise the contractor promptly regarding the deficiency, if any.

• Monitor closely and regularly the progress on materials procurement and quality, and report to the Resident Engineer and Senior Pavement/Materials Engineer.

• Carry out inspection of contractor’s laboratory equipment and report to the Resident Engineer and Senior Pavement/Materials Engineer.

• Ensure and witness sampling and testing being carried out by the staff of the contractors and undertake additional tasks as necessary to ensure quality of works.

• Scrutinize test results/certification of all construction materials and/or sources of materials and undertake additional tests if necessary and report to the Resident Engineer and Senior Pavement/Materials Engineer.

• Scrutinize the mix design proposed by the contractor and report to the Resident Engineer and Senior Pavement/Materials Engineer.

• Maintain a permanent record of all tests carried out for monitoring the quality of works.

• Assist the Senior Pavement/Materials Engineer in the approval of borrow areas and quarries with the consent of the Senior Pavement/Materials Engineer.

• Monitor and maintain quality in all aspects.

• Responsible for quality control of construction materials and completed works.

• Assist the Senior Pavement/Materials Engineer in testing of construction materials and maintain database of materials investigation.

• Carry out and maintain records of all materials at site and review the contractor’s procurement.

• Assist the Senior Pavement/Materials Engineer in project-related activities.

66 Appendix 2

No. Position Qualifications Tasks/Responsibilities

• Assist the Resident Engineer as and when required.

3. Field Engineer (Road, Bridge, Survey) No. of positions: 12 Person-months: 330

• Should be a graduate in civil engineering

• Should be an engineer with experience of 3 years in the highway sector on works of similar nature, e.g., roads, bridges, quality/materials, and survey

• Should have worked as Field Engineer on at least 1 highway project of similar nature

• Assist the Resident Engineers and Assistant Resident Engineer in the following: (i) Supervision of road works and

checking the quality of works and execution as per the specifications and approved method statement/ work methodology of the contract

(ii) Responsible for horizontal and vertical profiles

(iii) Checking of as-built drawings (iv) Measurement of all road works (v) Supervision of construction of

bridges, culverts, and other structures as per specifications and approved method statement/work methodology

(vi) Checking layout of structures, bar bending schedules, and various stages of work

(vii) Responsible for the line, level, and quality of bridge work and CD structures

(viii) Responsible for measurement of all structure works

(ix) Checking of as-built drawings • Assist the Resident Engineer in checking

the entire alignment layout of the works; verify all the survey points and topography; and check points of intersection for horizontal control and all benchmarks for grade control, etc.

• Scrutinize topographic survey data, if any, in the contract drawings and associate and scrutinize the contractors’ updated topographic survey data.

• Witness and monitor survey and setting out operations and verify data and details.

• Carry out detailed checking and verification of setting out data.

• Carry out levels of different layers along with the surveyor of the contractor.

• Responsible for maintaining the horizontal and vertical profiles of the road.

4. Lab Technician No. of positions: 4 Person-months:

• Should be a graduate or have a diploma in civil engineering

• Should be an engineer with

• Assist the Resident Engineer, Assistant Resident Engineer (Road), Assistant Resident Engineer (Bridge), and Materials

Appendix 2 67

No. Position Qualifications Tasks/Responsibilities

108

experience of 3–5 years in the highway sector on works of similar nature, e.g., roads, bridges, quality/materials, and surveys

• Should have worked on testing construction materials in at least 1 highway project of similar nature

Engineer/Quality Control Engineer on all matters relating to construction materials testing and quality of completed works.

• Responsible for quality control of construction materials and completed works.

5. Manager (IT) No. of positions: 1 Person-months: 27

• Should be a MCA/BE/B. Tech in IT

• Should have experience of 3 years in handling management information systems (MIS)/project monitoring system

• Develop MIS systems for the projects for the employer.

• Make online entries in the MIS system of the employer, collecting all the data from the site office and Team Leader’s office.

6. Junior Environmental Expert No. of positions: 1 Person-months: 27

• Should be a graduate in civil engineering

• Master’s degree in environmental science

• Should have experience of 3 years in the highway sector on works of similar nature

• Should be conversant with requirements of multilateral funding agencies regarding environmental safeguards and preparation and execution of the EMP as per the requirement

• Assist the Team leader, Environmental Specialist, and Resident Engineer in the implementation of the environmental management plan (EMP) and environmental monitoring plan (EMOP).

• Ensure project-specific questionnaire/ checklist for effective implementation of the EMP/EMOP.

• Assist the BSRDCL in securing all clearances and permits required for the project.

• Enforce contractor for the effective implementation of the EMP/EMOP.

• Enforce appropriate pollution control and road safety measures, as provided in the EMP.

32. Additional notes:

(i) The inputs of the team leader include 2 months period of advance mobilization prior to mobilization by the contractor and two months period during the defect liability period.

(ii) For all positions, the upper age limit shall be 70 years old on the date of submission of proposal.

(iii) The curriculum vitae of the Assistant Resident Engineers, Quantity Surveyors, Material/Quality Control Engineer, and Field Engineers will not be evaluated during the technical proposal evaluation but should be submitted to the employer for approval prior to mobilization.

(iv) Those projects to be considered for evaluation are only those where the input of the key professionals and non-key professionals is 18 months and above.

(v) For the team leader cum senior contract administrative specialist superintending engineer (or equivalent) and above, experience in similar construction work shall be considered if they have the desired qualifications.

(vi) For all key professionals, including the Superintending Engineer or equivalent and the Executive Engineer or equivalent, experience in similar construction work shall be considered if they have the desired qualifications.

(vii) Desired qualifications shall only be considered if applicants are from an All India

68 Appendix 2

Council for Technical Education (AICTE)-approved institution/university. (viii) Curriculum vitae of key experts and non-key experts working in ongoing projects

of the BSRDCL shall not be considered and shall bear no marks in the evaluation of the technical proposal, if proposed.

(ix) Consultants shortlisted for both packages of BSHP-III/SC/SH-58/84/85, Package-1 and BSHP-III/SC/SH-82/102/105, Package-2 have to submit different sets of curriculum vitaes comprising another international and national key expert for each consultancy service package. Any curriculum vitae used for both packages shall not be evaluated and deemed to be rejected, and bear no marks in the evaluation of the technical proposal.

I. Services, Facilities, and Property to be Made Available to the Consultant by the

Client

33. The client will provide the following documents:

(i) Project documents (bid documents/contract documents) (ii) Reports prepared by earlier consultants

34. Project-related information can be viewed and downloaded from the Bihar State Road Development Corporation Limited website, http://www.bsrdcl.bih.nic.in/. 35. The client shall not provide any professional personnel and support counterpart personnel to the consultant’s team.

69 Appendix 3

TERMS OF REFERENCE FOR CONSULTING SERVICES FOR THE BIHAR ROAD RESEARCH INSTITUTE

A. Background and Objectives

1. The Bihar State Road Development Corporation Limited (BSRDCL) has been entrusted by the Government of Bihar with the responsibility of rehabilitation, upgrading, and strengthening of state highways under the Bihar State Highways III Project, which is financially assisted by the Asian Development Bank (ADB). To support institutional capacity in road design and maintenance and to incorporate appropriate new technologies in the state’s road sector from such projects with ADB, the BSRDCL and the Road Construction Department (RCD) will establish the Bihar Road Research Institute (BRRI) to foster research and development, capacity building, and training in design and implementation of road projects, including initiatives to adopt new technologies. 2. The BSRDCL has identified land to house the BRRI. One or two multistory buildings are envisaged that will contain the classrooms, workshops, laboratory, administration office, and accommodations for resource persons and students. 3. These terms of reference define the services of a consulting firm that shall be engaged to assist the BSRDCL in the development of the layout and facilities of the institution. The project is being considered for finance by ADB. B. Scope of Services

4. The scope of services is described below.

Task 1 (i) Identify relevant training courses and/or research services to be implemented in consultation with the BSRDCL and in line with international best practices in road construction technology and road safety; (ii) prepare an outline of training courses and/or research services to be offered by the institution, including a list of standard training equipment with technical specifications and; (iii) propose management framework and manpower

Task 2 (i) Prepare a preliminary architectural, structural, and mechanical and

electrical drawing and layout of the institution, including a floor-by-floor layout if more than 1-story is proposed; (ii) prepare the bill of quantities for the construction of the building; and (iii) prepare detailed working drawings for the contractor to commence civil works.

Task 3 Prepare the classroom, workshops, and laboratory norms and layout with

training equipment and machines based on proposed standard training equipment specifications and pedagogy requirements.

Task 4 Suggest framework for network with national and international training and

research institutes.

C. Implementation Arrangements

5. The consulting services will be implemented by an international consulting firm. An association with a suitable domestic consultant is encouraged to complement the international consulting firm’s local knowledge and experience. The consulting services will be carried out over

70 Appendix 3

about 9 calendar months. The inputs of international and national experts are summarized in Table A3.1.

Table A3.1: Summary of Experts Required

Area of Expertise Duration

(Person-months)

A. International 1. Facility design expert (team leader) 9.0 2. Curriculum expert 3.0 3. Research and testing expert 3.0

Subtotal (A) 15.0 B. National

1. Architect 9.0 Subtotal (B)a 9.0

Total (A+B) 24.0 a Excluding sub-professional support staff (to be included in FIN-4 Breakdown of Other Expenses): Office

Secretary (9 person-months), and Office Cleaner (9 person-months). CVs of sub-professional staff are not required in the proposal.

Source: Asian Development Bank.

D. Reports, Deliverables, and Time Schedule

6. The consultant will submit the reports listed below in Table A3.2, in English, to the government (four copies) and ADB (two copies). The final report will also be submitted on CD-ROM. The reports must satisfy international best practice and be acceptable to the BSRDCL and ADB.

Table A3.2: Reporting Requirements

Description and/or Technical Accomplishments Submission Deadline

(months after commencement)

Inception report 1.5

Draft final report 7.0

Final report 9.0

Source: Asian Development Bank. E. Data, Local Services, Personnel, and Facilities to be Provided by the Government

7. The government will provide the consultant with the following:

(i) office space including furniture and utilities; (ii) access to data, records, and other information required to perform the assigned

tasks; and (iii) counterpart staff and engineers to coordinate with the consultant team.

F. Experts’ Input

8. Proposing entities will determine the number and the nature of experts they will require to achieve the objectives of the contract, in accordance with their proposed approach and methodology. However, ADB requires a minimum of three key international experts and one key national expert, as listed in Table A3.1 and paragraphs 9–12.

International Experts: 15 person-months

Appendix 3 71

National Expert: 9 person-months 9. Team leader/Facility planning expert (international). Should have a bachelor’s degree in architecture or civil or structural engineering or equivalent. Twenty years total professional experience, 15 years’ experience in working as facility planning expert in the design of technical institutions or a similar post. Working experience in the South Asian Association for Regional Cooperation (SAARC) region would be preferable.

10. Curriculum expert (international). Should have a master’s degree in education or equivalent. 20 years total professional experience, 10 years’ experience in working as curriculum expert in designing curriculum of technical institutions or a similar post. Working experience in the SAARC region would be preferable. 11. Research and testing expert (international). Should have a bachelor’s degree in civil/ structural or equivalent relevant engineering course. Twenty years total professional experience, 10 years’ experience in working as research and testing expert or in a research institute related to the transport sector. Working experience in the SAARC region would be preferable. 12. Architect (national). Should have a bachelor’s degree in architecture or equivalent. Twenty years total professional experience, 10 years’ experience in working as an architect in the design of technical institutions or similar post. Working experience in an international donor agency- funded project would be preferable.

72 Appendix 4

TERMS OF REFERENCE FOR SOCIAL DEVELOPMENT SPECIALIST – GENDER (NATIONAL POSITION)

1. Background of the project. The Bihar State Road Development Corporation Limited (BSRDCL), Government of Bihar will be implementing the Bihar State Highways III Project to strengthen and rehabilitate the deteriorated state roads and upgrade some newly declared state roads to provide reliable road transport services in the state. The project is categorized as effective gender mainstreaming and the gender action plan (GAP) of the project will be implemented. The project is being considered for finance by the Asian Development Bank (ADB). 2. Objective/purpose of the assignment. The consultant will assist the BSRDCL in ensuring that the implementation of GAP activities is in accordance with ADB requirements. 3. Key tasks. More specifically, the social development specialist (Gender) will undertake the following:

(i) Provide technical support to the BSRDCL in the overall implementation of the GAP and the design and monitoring framework.

(ii) Supervise the NGO in carrying out GAP activities, including (a) consultation campaigns on road safety; (b) awareness programs on sexually transmitted infections, health and hygiene, and human trafficking; (c) needs assessment survey to identify livelihood skills; and (d) organization of livelihood skills training programs.

(iii) Establish convergence with the Bihar Rural Livelihood Promotion Society (Jeevika) to facilitate livelihood promotion among the trained community members and to enhance the employability of the local community, including girls and women, across the five highways selected.

(iv) Monitor GAP implementation and assist the BSRDCL to prepare and submit quarterly monitoring reports on GAP implementation in line with ADB reporting requirements.

(v) Undertake any other tasks identified by the BSRDCL during the course of project implementation.

4. Key qualification. Minimum requirement of master’s degree in sociology, social work, psychology or economics. 5. Requisite experience. Eight years’ experience in working with local communities in Bihar or adjacent states. Should be familiar with the local language, and with women’s empowerment, community development, and livelihood programs. Familiarity with gender equality and women’s empowerment issues in the transport sector is desirable. The consultant should have had the experience of working with NGOs preferably in Bihar. 6. Estimated person-months. 6 months (intermittent over 36 months).