INDICATIVE TERMS OF REFERENCE TRANSACTION TECHNICAL ...€¦ · 11. Deputy Team Leader cum Senior Highway Engineer 10 12 Geotechnical Engineer 2 13. Bridge/Structural Engineer 2 14

Due Diligence for Road Projects in Kalimantan and Capacity Development (Subproject 6) (TRTA INO 52152)

INDICATIVE TERMS OF REFERENCE TRANSACTION TECHNICAL ASSISTANCE (TA) CONSULTANTS

FOR NATIONAL ROADS DEVELOPMENT PROJECT (KALIMANTAN) A. Background and Objectives 1. In pursuit of its goal to achieve sustainable and inclusive economic growth, the Government of Indonesia (the government) has initiated an ambitious infrastructure development agenda designed to boost productivity and provide access to economic opportunities and basic public services across the archipelago. To support this agenda, the Asian Development Bank (ADB) has prioritized meeting the government’s infrastructure development goals in its country partnership strategy (CPS) for Indonesia. The TA 0040-INO: Sustainable Infrastructure Assistance Program Phase II (SIAP2), funded by the Government of Australia on a grant basis and under full administration of ADB, support effective identification, preparation, implementation, and financing of infrastructure projects, building on the successes and lessons learned from SIAP Phase I (SIAP1). 2. The government is implementing the Loan 3455-INO: Accelerating Infrastructure Delivery through Better Engineering Services Project (ESP) that will help meet the infrastructure development of the government that is financed by ADB and the government. Directorate General of Highways (DGH), the implementing agency, will engage qualified consulting firms to provide range of project preparation services for DGH’s public investment the roads, bridges and highway sector. 3. The main outcome of the TA consultant contract is to prepare a feasibility study suitable for ADB financing. The TA will cover the following sections:

No. Name Province Assumed Length

(Km)* 1 Pembangunan Jalan Semamu-Long

Bawan North Kalimantan

30

2 Pembangunan Jalan Long Boh-Metulang North Kalimantan

52

3 Pembangunan Jalan Long Nawang-Data Dian

North Kalimantan

53

4 Pembangunan Jalan Tering-Long Bagun East Kalimantan 149 * Kilometers will be further confirmed during TA inception phase. 4. The project scope also includes soft components to tackle sector-wide issues. Agreement needs to be reached with the government on the exact details, such as improving road safety, adapting biodiversity sensitive roads, and building climate resilience roads. 5. The consulting services will be implemented by an international consulting firm. ADB will select and engage the consulting firm in accordance with the ADB Procurement Policy (2017, as amended from time to time) and the associated project administration instructions and/or staff instructions. ADB will use the quality- and cost- based selection with simplified technical proposal to select the consulting firm, and 90:10. Table below shows the summary of consulting services requirement.

http://www.adb.org/Documents/LinkedDocs/?id=52152-004-TAReport

http://www.adb.org/Documents/LinkedDocs/?id=52152-004-TAReport

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No. Position Person-months International Expert Positions

1. Team Leader cum Senior Highway Design Specialist 10 2. Bridge/Structural Engineer 2 3. Financial Management Specialist 2 4. Procurement Specialist 2 5. Transport Economist 1 6. Environmental Specialist 3 7. Biodiversity Specialist 2 8. Land Acquisition and Resettlement Specialist 2 9. Indigenous Peoples/Ethnic Minority Development Specialist 1 10. Gender and Poverty Development Specialist 1 11. Climate Change Specialist 1

Total 27 National Expert Positions Key Experts

11. Deputy Team Leader cum Senior Highway Engineer 10 12 Geotechnical Engineer 2 13. Bridge/Structural Engineer 2 14. Transport Planner and Economist 1 15. Environmental Specialist 4 16. Land Acquisition and Resettlement Specialist 2 17. Indigenous Peoples/Ethnic Minority Development Specialist 2

Total 23 Non-Key Experts

18. Biodiversity/Forestry Specialist 2 19. Costing and Quantity Engineer 2 20. Contract Document Specialist 1 21. Gender and Poverty Development Specialist 2

Total 7 Grand Total 57

6. The general qualifications and responsibilities required from the specialists are as follow:

International Consultants

Experience and Qualification in Relevant Fields

Major Responsibilities

and Tasks Highway engineer/ Team leader

Minimum 20 years experience with bachelor and post graduate degrees, team leadership experience of 15 years or above is required. Experience in working in ADB-financed feasibility study as team leader, experience in working in Southeast Asia, and full time staff of the lead firm is preferred.

Tasks 1 - 8

Bridge/Structural Engineer

Minimum 15 years experience with bachelor and post graduate degrees.

Tasks 1

Financial Management Specialist


Tasks 1, 2, 5, 6, and 8

3

International Consultants

Experience and Qualification in Relevant Fields


and Tasks Procurement Specialist Minimum 15 years experience with bachelor and post

graduate degrees, and experience in working in ADB or similar international organizations financed project is required.

Task 1

Transport Economist Minimum 15 years experience with bachelor and post graduate degrees, and experience in working in ADB or similar international organizations financed project is required.

Tasks 1, 2, 5, and 6

Environmental Specialist

Master or higher degree in Environmental Engineering/environmental science with minimum 15 years of professional experience of which minimum 10 years in environmental impact assessment (EIA) and mitigation planning for infrastructure projects including leading EIA studies, experience on transport infrastructure projects and working with an international financing institution like ADB, WB, EIB, etc. S/he must be familiar with development of EIA reports and environmental management plans (EMPs).

Tasks 1, 3, and 7

Biodiversity Specialist Master or higher degree in environmental science, terrestrial ecology, biology, or related fields with minimum 15 years of professional experience of which minimum 10 years in EIA and mitigation planning for infrastructure projects, experience on transport infrastructure projects and working with an international financing institution like ADB, WB, EIB, etc.

Tasks 1, 3 and 7

Land Acquisition and Resettlement Specialist

Minimum 15 years experience with bachelor and post graduate degrees, and experience in working in ADB or similar international organizations financed project is required.

Tasks 1, 3 and 4

Indigenous People/Ethnic Minority Development Specialist


Tasks 1, 3 and 4

Gender and Poverty Development Specialist


Tasks 1, 3 and 4

Climate Change Specialist


Tasks 1, 3 and 7

National Consultants Experience and Qualification in Relevant Fields


and Tasks Deputy Team Leader cum Senior Highway Engineer

Minimum 10 years experience with Bachelor degree or above, and experience in ADB or similar international organizations financed project is required.

Tasks 1 – 8

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National Consultants Experience and Qualification in Relevant Fields


and Tasks Geotechnical Engineer Minimum 10 years experience with Bachelor degree or

above. Task 1

Bridge/Structural Engineer

Minimum 10 years experience with Bachelor degree or above.

Task 1

Transport Planner and Economist


Tasks 1 – 8

Environmental specialist Bachelor’s or higher degree in Environmental Engineering/environmental science with minimum 10 years of professional experience of which minimum 8 years in environmental impact assessment and mitigation planning for infrastructure projects and ideally with expertise in terrestrial ecology. S/he must be familiar with development of EIA reports and EMPs.

Tasks 1, 3, and 7

Land Acquisition and Resettlement Specialist


Tasks 1, 3 and 4

Indigenous People/Ethnic Minority Development Specialist


Tasks 1, 3 and 4

Biodiversity/Forestry Specialist

Bachelor’s or higher degree in environmental science, terrestrial ecology, biology, or related fields with minimum 10 years of professional experience. Recognized expertise on the respective area and a minimum of 8 years’ experience of relevant field studies (baselines establishment, habitat assessments, impact assessment and mitigation identification). A good command of the English language.

Tasks 1, 3, and 7

Costing and Quantity Engineer


Task 1

Contract Document Specialist


Tasks 1 – 8

Gender and Poverty Development Specialist


Tasks 1, 3 and 4

B. Scope of Services

1. Task 1: Feasibility Study and Preliminary Engineering Design

7. The consulting team will prepare a feasibility study and preliminary engineering design of this assignment. The team will carry out the following tasks, including but not be limited to:

(i) Collect inventory data of inventory road sections selected for engineering,

including geometric features, pavement surface, and type and condition of drainage structures, roadside furniture and other related facilities, including an

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estimate of their load- carrying capacity, pavement materials, capacity of drains and other major features.1

(ii) Conduct traffic survey of project roads for the purpose of economic analysis and

detailed engineering design. The survey should at least include roughness conditions, classified traffic counts, intersection volume count, origin-destination and axle-load spectrum.

(iii) Use the survey results, and other literature to forecast the future traffic for a period

until 20 years after the completion of construction of each project road. (iv) Carry out engineering surveys as required to prepare feasibility study cost

estimates. (v) Prepare design based on the typical pavement sections, applying sound

engineering practice and giving due regard to environmental and social safeguards aspects in accordance with the ADB’s Safeguard Policy Statement (SPS 2009) and Government's related regulations and policies. Specifically, the preliminary engineering design should be established, especially for the sections where the land acquisition and resettlement impacts are likely to occur.

(vi) Investigate the suitability of local construction materials and, where necessary,

locate new quarries and borrow pits and assess the quality and quantity of materials and hauling distance.

(vii) Study the hydrological regime in detail, based on an analysis of regional historical

rainfall and flood records, supplemented by engineering field investigations and scenarios involving potential impacts of climate change, to establish the adequacy of road embankment levels, bridge clearances, culverts, and side ditches, and design bed and slope protection for the drainage structures and bridges.

(viii) Assess cross-drainage requirements and proposed new structures (bridges,

culverts, and causeways as appropriate) or improvements to structurally unsound structures.

(ix) Prepare practical and cost-effective geometric (horizontal, vertical, intersection,

etc.) pavement and structural designs on the basis of projected traffic levels; pavement structure studies; axle-load considerations; traffic safety; environmental assessment; projected changes in maximum temperatures and other relevant inputs.

(x) Determine the most cost-effective improvement option for each project road

section. Where new pavements are to be provided, they will be designed, using an

1 All activities shall be carried out in accordance with norms, standards, guidelines and manuals (NSPM) issued by

the Government of Indonesia. In particular, NSPM survey methods and sampling intervals shall be regarded as binding in the contract unless corrected and updated based on international best practice, peer-reviewed study or value engineering study approved by the Project Team, including relevant ADB guidelines. The Consultant is responsible to ascertain the latest versions of NSPM and relevant regulations. In order to foster innovation, the consultants should propose, where appropriate, the use of new methods, materials or configurations for approval by the ADB and DGH.

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internationally recognized procedure, for a 10-year life, with provision for overlays during or at the end of that period to extend the life to 15–20 years.

(xi) Prepare engineering technical specifications for each work item, taking into

account relevant specifications in use in the country and elsewhere for similar works.

(xii) Prepare preliminary engineering drawings as per requirements of the DGH. (xiii) Integrate viable climate change adaptation and mitigation measures in the

preliminary engineering design, based on the Climate Change Assessment (see below).

(xiv) Review and update cost estimates and bills of quantities for the proposed civil

works for each candidate road, using available indices validated by reference to market prices, separating foreign exchange, local currency, and tax and duty elements.

(xv) In consultation with the DGH and ADB, establish contract packages, taking into

account (a) the location of the project roads, size of contracts, and other project specific factors; and (b) the current ADB Procurement Policy.

(xvi) Prepare engineering project implementation schedules showing anticipated

progress of works and expenditures for each contract package. The schedules will reflect seasonal climatic effects at the work sites and take into account typical outputs on earlier ADB-financed road projects.

(xvii) Conduct strategic procurement planning exercise2 including the procurement

capacity of sector at the Ministry level, DGH level and the project specific implementation agency level, and project level to prepare a procurement capacity assessment report in accordance with ADB’s guidance note3.

(xviii) Prepare a draft procurement plan for the proposed ADB loan project following the

strategic procurement planning and the assessed risks and mitigation measures and discussions with DGH.

(xix) Prepare first bidding documents based on the draft procurement plan as agreed

by DGH, following ADB’s standard bidding documents. (xx) Provide preliminary engineering design to the detailed engineering design

consultant financed under ESP to prepare the detailed engineering design of the project roads.

2. Task 2: Road Sector Assessment

8. The consulting team will carry out the following, but not be limited to:

2 Asian Development Bank. 2018. Guidance Note on Strategic Procurement Planning. Manila. 3 Asian Development Bank. 2018. Guidance Note on Procurement Risk Framework. Manila.

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(i) Present an overview of the road sector performance in Kalimantan, in comparison with other regions in Indonesia as well as neighboring countries. The overview should cover the quantitative analysis of impact of roads in Kalimantan, the strategic directions of DGH, through the analysis of key sector indicators of the road transport network (e.g. kilometers by category, existing conditions, current and projected traffic volumes, recent trends in the budget allocations and expenditures both for recurrent and capital costs).

(ii) Summarize the factors that promote and/or limit successful sector performance

and service delivery—major issues, constraints, challenges, opportunities, reforms, strengths, and risks affecting the sector:

a. Physical – road network capacity and safety standards, maintenance, and

etc.; and b. Nonphysical – (i) government's policy, institutional, legal, regulatory

frameworks; (ii) role and capacity of concerned agencies and critical areas for developing capacity; and (iii) other relevant factors.

(iii) Summarize assessments of physical and nonphysical investment opportunities

from a sector strategic perspective. Indicate the types and sequencing of the priority investments in the sector and whether they may be financed from public, private or public–private sources. Highlight the main investment and noninvestment bottlenecks, risks, and mitigation measures.

(iv) Summarize the importance and contribution of the sector's development to the

Indonesia’s growth, poverty reduction, and inclusiveness objectives. (v) Summarize the Indonesia and Kalimantan government’s sector strategy, policies,

and sectoral public investment plan and discuss the feasibility of implementing it. (vi) Prepare a concise and succinct narrative report for this task (maximum 7 pages

with additional details in appendices, if necessary). 3. Task 3: Safeguards

9. The environment specialists and Biodiversity/Forestry Specialists are required to work closely with the Climate Change Specialist and the technical team to undertake the following tasks:

(i) Within 1 month of the commencement of consulting services, deliver the environmental safeguards due diligence work program, as part of the Inception report, indicating timeframe for undertaking studies, allocation of responsibility (among international/national environment specialists, international biodiversity specialist and national biodiversity/forest specialist), consultations and delivering milestones such as review documents prepared by the biodiversity survey team, additional surveys and studies, draft EIA report for ADB review and then disclosure.

(ii) Screen project roads for environmental sensitivities using the Rapid Environmental Assessment (REA) checklist of ADB, internationally accepted screening tools (including but not limited to iBAT, RAMSAR, UNESCO, domestic directories of

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protected sites) and domestic screening procedures, as applicable; recommend environmental categorization for the project. The REA and categorization form shall be submitted as part of the Interim report;

(iii) Review the domestic environmental impact assessment reports (AMDAL, UKL-IPL) already available, confirm validity of those approvals, and support EA to process, as needed, addendum to AMDAL or UKL/UPL. Compare these with the ADB SPS 2009 requirements, and recommend (and coordinate conduct of) additional surveys, assessments and studies to ensure compliance with the ADB SPS 2009. The TOR will be agreed with government and ADB. Identify all permits, licenses and approvals/clearances required for the construction and operation of all project components including which stage they are required, timeframe to obtain, and who will have primary responsibility for obtaining them (i.e. executing or implementing agency, contractor, operator etc.). This shall be documented in the policy, legal and administrative framework section of the EIA report;

(iv) Define the project’s area of influence (including maps and inventory of environmental values and sensitive receptors within direct area of impact as well as beyond the footprint or limit of physical works) and identify potential direct, indirect, cumulative, and induced impacts and risks to physical, biological, socioeconomic receptors, including community and occupational health and safety and physical cultural resources;

(v) Conduct surveys and tests as necessary to properly and fully benchmark the physical, ecological (terrestrial and freshwater), biological and socio-economic conditions and establish the environmental baseline (including air quality, noise level, surface water quality, groundwater quality, soil/sediment quality, etc.) within the project’s area of influence (AoA).

(vi) Conduct noise and vibration impact study. Air emissions and noise impact prediction methodologies should follow international good practice and confirm compliance with international good practice for pollution prevention and abatement as defined in the IFC Environment, Health and Safety Guidelines (2007) at nearest sensitive sites under reasonable and worst-case emission scenarios. The assessment shall be based on a sound baseline.

(vii) On completion of establishing the baseline conditions, submit a brief report identifying the habitat types (as per ADB SPS 2009 Appendix 1 para.24-30) affected by the proposed works (project influence area and construction footprint). If areas of natural or critical habitat will be affected, outline the strategy to ensure that requirements of ADB SPS 2009 para.26-29 can be met and documented in the EIA report.

(viii) Conduct a critical habitat assessment covering all proposed road projects to satisfy the requirements of ADB and the procedures set out in the International Finance Corporations (IFC) performance standard No. 6 Guidance Notes of 2018; identify those roads located in areas classifying as critical habitat and that should be excluded from the project scope; conduct a biodiversity impact assessment and prepare a biodiversity action plan for critical-habitat classifying biodiversity, and help support the identification of mitigation and offset measures to demonstrate no net loss of biodiversity as a result of the project.

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(ix) In addition to the impacts identified in the domestic EIAs (AMDAL, UKL-IPL), assess in the consolidated EIA (see below) cumulative and possible induced impacts of the project roads, including but not limited to air quality, noise, traffic, road safety, risk of uncontrolled development along project roads, illegal logging and poaching, etc. as well as greenhouse gas emissions and impacts on global climate change.

(x) In close coordination with the Land Acquisitions and Resettlement Specialist and Resettlement/social development specialist, identify and establish full inventory of villages/districts, environmentally sensitive receptors, and land uses along each road alignment. Also present a land use/vicinity map showing the location of the road alignment in relation to the village/district and sensitive receptors.

(xi) In close coordination with the Land Acquisitions and Resettlement Specialist, and Indigenous Peoples/Ethnic Minority Development Specialists, conduct at least two rounds of meaningful public and key stakeholder consultations in each road section, including potentially affected people, relevant national and local government agencies and conservation and non-governmental organizations concerned about possible impacts on biodiversity, community health and safety, livelihoods, and temporary disturbances during road construction. Ensure compliance with meaningful public consultation and information disclosure requirements as prescribed in ADB SPS 2009. The consultations, including signed attendance lists and photographs as annexes, will be documented in the EIA report along with responses to concerns and issues raised.

(xii) In close coordination with the Land Acquisition and Resettlement Specialist, develop a grievance redress mechanism (GRM) in consultation with the implementing agency and local authorities. The GRM shall identify the responsible parties to address community grievances during construction and operational phases.

(xiii) Prepare a consolidated EIA report including environmental management plan (EMP) for the projects in full compliance with the ADB SPS 2009 and in a format acceptable to ADB. The environmental assessment shall identify potential direct, indirect, cumulative, and induced impacts and risks to physical, biological, socioeconomic resources including health and safety and physical cultural resources in the context of project’s area of influence as per ADB SPS 2009 definition. The EIA report will include a detailed and costed EMP and a framework for all the management plans to provide clear guidance during pre-construction, construction and operation. The EMP shall define mitigation measures, monitoring program and cost estimates, institutional arrangements, implementation schedule, and the GRM. The framework will include the general outline/scope of the plans as well as a document map identifying the links between plans. The management plans to be covered by the framework will include:

a. Construction EMP; b. Biodiversity management or action plan; c. Labor influx management plan; d. Occupational health and safety plan (workers and community); e. Workers’ code of conduct; f. Communicable diseases management plan;

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g. Traffic control and management plan; h. Waste management plan; i. Hazardous materials management plan; j. Spill prevention and response plan; k. Air quality management and dust control plan; l. Noise and vibration control plan.

(xiv) Prior to EIA report disclosure, submit a draft to ADB for review. Attend and present the draft EIA to the ADB Environment Thematic Group’s peer-review meeting; address comments in the revised draft EIA. Assist the executing agency to disclose the draft EIA report according to ADB SPS 2009 and government requirements. Following disclosure, finalize the EIA report incorporating comments from ADB and other stakeholders including potentially affected people, etc.

(xv) Based on the EIA, provide necessary inputs to the draft bid documents, draft RRP and its linked documents including project administration manual (PAM) and Final feasibility study report (Task 1).

(xvi) Provide technical guidance to the TA due diligence team, ADB, and counterparts, as needed, and perform other tasks reasonably related to the above tasks as requested by the ADB Project Officer;

(xvii) Contribute to consultations and workshops to inform and jointly review the study results with project stakeholders; and

(xviii) Provide the executing and implementing agencies’ officials with necessary training on environmental assessment and mitigation measures.

10. The resettlement specialists are required to undertake the following tasks, but not be limited to:

(i) Conduct scoping exercise and finding alternatives, which include:

a. Conduct a scoping exercise in project locations to determine areas with

land acquisition and resettlement (LAR) issues and/or indigenous peoples (IP) issues and prepare an action plan. The exercise will include assessment on permanent and/or temporary LAR for associated facilities such as access roads, worker’s camps, dump sites, etc.;

b. Work and discuss with the project engineers and EA for finding alternatives to avoid or minimize the project impacts; and

c. Gather the land acquisition history of the affected land for any land acquisition already carried out (i.e. when the transfer was made, what was the land acquisition mechanism, who was involved, how much, was it at the market rate, any affected land users, any grievances or legacy issues, etc.).

(ii) Conduct assessment on the affected land and assets, which includes:

a. Categorize the affected land/assets by type, use and status. For example: barren or forest; public or private; used or unused; residential or agricultural/pastoral; etc.;

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b. Assess current use of the land/assets and type of ownerships; c. Based on current land ownership, land use and access rights of the

proposed project area, identify LAR impacts of project activities and conduct the necessary preparatory surveys (inventory of loss, socioeconomic survey of project-affected households, and replacement cost study)

d. Describe the layout of affected land/assets and physical condition of the surrounding areas; and

e. Identify (as relevant) whether there are uncultivated agricultural areas nearby the affected land with similar condition with the affected land.

(iii) Conduct stakeholders identification, which will identify affected households and

communities; and civil society organizations or community based organizations in the project areas. Identify the project’s partners or counterparts for the preparation and implementation of LAR activities.

(iv) Carry out initial assessment of socio-economic condition of project affected people,

which includes:

a. Identify the social and economic background of the affected people (AP). For example; owners, squatters, informal dwellers, renters, tenants, share croppers, etc. Quick survey might be required;

b. Identify the possibility of vulnerable groups in the project areas (female headed households, poor families, indigenous peoples, social and economically marginalized groups, landless farmers, informal land users, the disabled) being directly and indirectly affected by the project and locate de facto poor and vulnerable households amongst APs by using the asset-based poverty assessment instruments;

(v) Carry out meaningful consultation, as described below:

a. Conduct and fully document meaningful consultations with affected households and other relevant stakeholders including CSO/NGOs, work closely with government agencies/departments responsible for resettlement and indigenous peoples and assist the government in initiating a participatory process for social safeguards plan preparation and approval;

b. Disclose and jointly review key information from the social safeguards plans to affected households and other relevant stakeholders in line with the country’s laws, ADB SPS and ADB Access to Information Policy.

(vi) Perform policy and institutional assessment, which includes:

a. The consultant will collect and conduct assessment on country’s land

acquisition and resettlement regulation and other related laws on land acquisition and resettlement and indigenous peoples. This is to find compatibility and/or gaps with ADB’s Involuntary Resettlement Policy and Indigenous Peoples as in the ADB Safeguards Policy Statement (SPS) 2009 and to provide recommendations for bridging the gaps; and

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(vii) In close coordination with relevant project preparation consultants, develop a project-specific grievance redress mechanism to handle complaints in an effective and culturally-appropriate manner;

(viii) Assist the executing agency in preparing a resettlement plan (RP), and/or

safeguards due diligence report as necessary in accordance with ADB’s SPS; (ix) Advise the executing agencies, participating local government(s), and

implementing agencies on ADB's Safeguard Policy (2009) requirements and procedures;

(x) Assess the capacity and commitment of the responsible institutions to plan,

update, and implement the RP, and propose capacity building/training programs, as needed;

(xi) Work closely with relevant project preparation team specialists to ensure LAR

impacts, mitigation measures and required resources are reflected in the overall project design, cost estimates, and other relevant project documents;

(xii) Prepare involuntary resettlement (IR)- and indigenous peoples (IP)- related

sections for loan documentation including the draft RRP and its linked documents, and ensure that comments received are appropriately addressed;

(xiii) Prepare the IR and IP checklist along with the project IR and IP categorization form; and

(xiv) Perform project coordination, conditionality and endorsement, which include:

a. Manage collaboration and coordination with the relevant agencies

involved in the LAR activities; b. Discuss and advise the setting up of project cutoff date for survey and

assets identification of the affected assets with the EA and local government;

c. Discuss the prepared RP with all relevant units and agencies connected with the LAR activities for their agreement and endorsement; and

d. Establish LAR related project implementation conditionality with the EA and attached in the draft contract/bid document for the civil work contractors.

For ethnic minorities, the specialist will:

(i) Develop a profiling report to determine the presence of ethnic minorities (EM) in the proposed project areas;

(ii) Analyze and document the following aspects applicable to ethnic minorities in the

project area; a. National and local laws and regulations, including relevant local and

traditional/customary laws and practices b. Relevant administrative arrangement and requirements c. Relevant budgetary processes

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(iii) as part of the social impact assessment (SIA), carry out surveys and field-based studies required to assess potential project impacts on the EMs. The SIA will be carried out in a gender-sensitive manner, in consultation with ethnic minority communities. It will provide a baseline socioeconomic profile of the ethnic minority groups in the project area and project impact zone; assess their access to and opportunities to avail themselves of basic social and economic services; assess the short- and long-term, direct and indirect, and positive and negative impacts of the project on each group’s social, cultural, and economic status; assess and validate which ethnic minority groups will trigger the Indigenous Peoples safeguard; and assess the subsequent approaches and resource requirements for addressing the various concerns and issues of projects that affect them;

(iv) determine whether ethnic minorities will be physically displaced and whether

impacts, if any, are principally resettlement in nature. Based on the assessment, determine the need for a stand-alone ethnic minorities development plan (EMDP), or combined ethnic minority development and resettlement plan (REMDP);

(v) conduct meaningful consultations with concerned EM groups and other relevant

stakeholders. Initiate a participatory process for EMDP preparation and implementation among affected people, affected communities, local leaders, proponents and stakeholders;

(vi) advise the executing agencies and participating local government(s) on ADB's

Safeguard Policy (2009) requirements and procedures; (vii) prepare R/EMDP as necessary, in accordance with ADB’s Safeguard Policy

Statement (2009); (viii) prepare an indicative budget for the R/EMDP with specific sourcing and approval

process. Secure tentative agreement from concerned authorities on provision of outlays necessary for R/EMDP updating and implementation;

(ix) conduct workshops to present the draft R/EMDP planning document(s) to local

authorities and concerned EM households; (x) assess the capacity and commitment of responsible institutions to update and

implement the R/EMDP. Recommend an institutional strengthening strategy, and/or formation and training of a social safeguards unit within the executing and implementing agencies, if required;

(xi) ensure overall Project compliance with ADB’s IP safeguard. Work closely with the

social development and gender specialist, and relevant TRTA team specialists to ensure EM concerns, impacts, mitigation measures and required resources are reflected in the overall project design, cost estimates, and other relevant project documents. Enhance existing project social impact reports, where appropriate;

(xii) in close coordination with the relevant TRTA specialists, develop a project-specific

grievance redress mechanism to handle complaints in an effective and culturally-appropriate manner;

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(xiii) prepare IP related sections for loan documentation including the ADB Report and Recommendations of the President (RRP) and ensure that comments received are appropriately addressed; and

(xiv) prepare the IP checklist along with the project IP categorization form. 4. Task 4: Social, Poverty, and Gender Analysis

11. The gender and poverty development specialists will prepare (i) poverty and social assessment (PSA); and (ii) summary poverty reduction and social strategy (SPRSS); (iii) if deemed feasible based on the analysis to be undertaken, a gender action plan (GAP), in accordance with ADB’s Handbook for Poverty Reduction and Social Assessment (2012), Guidelines for Gender Mainstreaming Categories of ADB Projects (2012) and Strengthening Participation for Development Results: An Asian Development Bank Guide to Participation (2012). The assessments aim to:

(i) Determine the scope of poverty and social issues that will need to be addressed

during the project design. (ii) Identify key stakeholders who will be beneficially or adversely affected by the

project, not limited to safeguards perspectives, based on the results to be obtained from interviews, focal group discussions, stakeholder meetings or if any.

(iii) Analyze the broad characteristics of these groups and document their profiles.

(iv) Identify possible institutions, including civil society organizations, to be involved

in the project and briefly assess their capacities. (v) Analyze poverty, barriers to participation for different groups based on social

norms and practices, resilience capacity of households (to economic and/or climate related shocks) and other social issues that need to be examined during the project design (including gender, child labor, resettlement, indigenous people, HIV/AIDS, human trafficking).

(vi) Propose possible measures to be considered as part of the project which will

maximize the project’s socio-economic benefits, including actions that would be necessary for classifying this project as an effective gender mainstreamed (EGM) investment.

(vii) Confirm that any necessary measure related to labor issues are addressed

including potential hiring quotas for skilled and unskilled male and female employees, training requirements for EA, IA and employees on HIV/AIDS, road safety, gender-based violence and sexual exploitation abuse and harassment (GBV-SEAH) and trafficking of people, in project documents, including bidding documents, in accordance with the country’s labor requirements and ADB’s Core Labor Standards (2006) and relevant documents.

12. Specifically, the social and gender specialist tasks will include, but not be limited to, the following:

(i) Together with the other team members, conduct interviews, focus group

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discussions or other meetings with key stakeholders to identify existing issues related to participation, gender, labor, socio-economic conditions, or other social risks, including the need to prepare any action or mitigation plans or other measures to be taken into account. Document all the meeting records, including the list of attendants, with photos in the monthly progress reports, draft final report and final report.

(ii) Identify key stakeholders, possible barriers to benefiting the Project, prepare initial

stakeholder analysis, and draft a consultation and participation plan (see the ADB Handbook on Poverty and Social Analysis and, if deemed feasible, a Gender Action Plan (GAP) [2012]).

(iii) Conduct in-depth social analysis covering demographic, economic and

socioeconomic conditions and trends of the area the project roads will pass through and identifying their extent, dimensions, trends of poverty, compared to the national average, and relevance of these issues in the project design.

(iv) Conduct in-depth social, gender, and poverty analysis by providing a 20%

socioeconomic profile of the project influenced area, in accordance with ADB’s Handbook on Poverty and Social Analysis (2012), to assess local demand for the proposed road investment(s), employment opportunities to be expected during/after the project, child labor, gender specific capacity to take advantage of the likely socioeconomic opportunities that would result from the project, HIV transmission and/or other health and safety risks, human trafficking and to collect baseline data for monitoring social impacts and suggest mitigation measures.

(v) Analyze the proposed project from gender perspectives and identify mechanisms

to ensure women’s and girl’s participation in the project including development of a gender action plan if needed.

(vi) Identify and describe the intended beneficiary groups’ profiles. The team should

ensure the collection of baseline data (sex-disaggregated, as much as feasible) on a range of socioeconomic indicators appropriate for the project with focus on needs, demands, constraints faced by poor, women and vulnerable groups in the project area in terms of their equitable access to the benefits and opportunities associated with the project.

(vii) Conduct gender analysis, including meeting with women residing or working along

the project roads if appropriate, and identify their livelihoods needs and any potential project design element to address gender equity and enhance through the project implementation, if appropriate. Gender analysis will be carried out to inform the design of the project. Identity viable project design options for “effective gender mainstreaming” in the areas such as, road safety, road asset management, climate resilience design, and biodiversity environment sensitive design.

(viii) Identify the incidence of risks including, but not limited to, road safety, GBV-SEAH,

HIV/AIDS and human trafficking in the project-affected populations by age, gender, location and identifying options to mitigate them.

(ix) Explore, in consultation with the DGH, opportunities to strengthen the visibility of

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social/gender-related aspects in the design of the Project through: (a) increased focus on the economic empowerment of socio-economically vulnerable groups in the project area, women; (b) mitigation of any health/social-related risks and impacts associated with the project’s implementation e.g., (HIV/AIDS, other sexual transmittal infections (STIs) or human trafficking); (c) ways to maximize participation of local communities (particularly women and school students) in road safety public awareness program; and/or (d) measures to increases household resilience in times of climate or economic related shocks.

(x) Assess the HIV/AIDS prevalence, major transmission routes, the country’s policy

environment, and presence of HIV/AIDS/STI implementing agencies, available services for prevention, testing, treatment, and support.

(xi) Examine the local context for why, where, when, how, and among whom high-risk

behaviors for HIV transmission occur (or can potentially occur) in the project influence area. Emphasis should be placed on potential HIV vulnerable group(s) and risks associated with construction activities during the project implementation (e.g., labor migration, increased mobility and connectivity, environments in the construction labor camps) etc. Propose implementable measures in the design of the project, in consultation with the DGH and other team members.

(xii) Elaborate the operational network in the project influence area that facilitates the

spread of HIV/AIDS.

(xv) Repeat (x), (xi) and (xii) above through applying (a) a GBV-SEAH lens to the project/areas/affected people; (b) a human trafficking lens to the project areas/people; and (c) a resilience lens to the project affected people.

(xi) Propose measures to ensure that the Project is in compliance with national labor

laws/regulations and international core labor standards, including ADB’s Core Labor Standards (2006).

(xv) Conduct workshops to provide guidance to the DGH on Project-related social

issues and ADB’s social procedural requirements during Project preparation and implementation.

5. Task 5: Financial Analysis and Management Assessment

13. The consulting team is required to undertake the following tasks, but not be limited to:

(i) Study earlier assessment if available, review current institutional arrangement,

capacity, and applicable legal framework, and recommend short-term and long- term improvements necessary to enhance organizational effectiveness, including organizational structure and human resources development.

(ii) Prepare a time-bound capacity development action plan, setting out methodology, structure, content, delivery mechanisms, and cost estimates for a 3 to 4-year program of capacity development and business and management change.

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(iii) Assess if there is a need to provide support to the government in preparing necessary legislation and/or regulations in the implementation of the capacity development plan.

(iv) Assess DGH project implementation capacity, and carry out the assessments in

accordance with ADB due diligence guidelines. (v) Assess financial management capacity of DGH—adequacy in terms of project

financial accounting, reporting, and auditing in accordance with ADB disbursement procedures. Summarize findings and mitigation measures in a brief (about 5 pages).

(vi) in coordination with the team, prepare detailed cost estimates of the capital

investment and O&M cost for each project component, an overall investment plan, and a financing plan for the project.

(vii) conduct financial analyses and assess the financial viability and sustainability of

each component, if any, particularly revenue generating components and the project as a whole, including their financial internal rates of return, calculation of the real weighted average cost of capital, and perform sensitivity and risk analysis in accordance with ADB’s Guidelines.

(viii) Work with the economists to provide financial information and analysis relevant to

financing and O&M of project outputs.

6. Task 6: Economic Assessment

14. The road/transport economist is required to undertake the following tasks, but not be limited to:

(i) Prepare an options analysis reviewing the options available and on the basis of a

multi criteria analysis select the preferred option (in terms of alignment and/or carriageway type).

(ii) Review existing international roughness index (IRI) data, existing traffic data, traffic

count and origin-destination data, axle-load surveys. (iii) Arrange for additional IRI data, traffic count data and Origin-Destination surveys

as needed, collating and analyzing data collected. (iv) Produce estimates of traffic flows (annual average daily traffic) on the project road

and all other parts of the network experiencing non-trivial changes to flows resulting from the new project. Estimates are to be produced for the without project scenario and the with project scenario (considering traffic reassignment from competing corridors and traffic generated by the project).

(v) Produce 20-year demand forecasts of traffic on each section, for both the with and

without project scenarios, based on forecast growth in e.g., vehicle ownership, GDP and/or population.

(vi) Prepare an economic analysis of the proposed road improvements using Highway

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Development and Management model (HDM, version 4) or similar software. Calculate the economic internal rate of return (EIRR) on the entire project.

(vii) Undertake sensitivity analysis on the risk factor basis for various scenarios such

as changes to the cost, generated and diversion traffic, construction period, etc. (viii) The economic analysis is to be undertaken in accordance with ADB Guidelines for

the Economic Analysis of Projects. The ADB will review (i) methodology and (ii) draft economic analysis report and provide comments. The consultant shall be responsible for producing final versions taking into consideration comments made by ADB.

(ix) Work with the Climate Change Specialist by contributing to and/or providing inputs

to (a) the assessment of the economic costs of reducing project greenhouse gas emissions; (b) the assessment of potential climate impacts and risks to the project; (c) where feasible, the assessment of the economic costs and benefits of possible adaptation inventions as identified by the Climate Change Specialist; and (d) the Climate Change Assessment Report's final recommendations.

(x) Prepare an Economic Assessment Report, presenting the following:

a. Introduction b. Macroeconomic context c. Project rationale d. Project alternatives e. Methodology and data (including assumptions used for the analysis) f. Economic Analysis g. Sensitivity Analysis h. Overall analysis results and conclusion

7. Task 7: Climate Change Assessment

15. The Climate Change Specialist will work closely with the Environmental Specialists, the Road /Transport Economist, and the Engineering team. Specific responsibilities of the Specialist include, but not limited to the following:

(i) Prepare a climate change impact assessment report in accordance with ADB

guidelines4,5 by assessing current and future climate risks to the project and required climate adaptation measures to be included in the project scope;

(ii) Identify up to three future climate scenarios (moderate, median, and severe cases

reflecting among other factors the potential range of emissions trajectories (RCPs) and global climate model sensitivities to increased greenhouse gases) for the project road focused on its design lifetime based on the data collated above;

4 Asian Development Bank. 2014. Climate Risk Management in ADB Projects

https://www.adb.org/publications/climate-risk-management-adb-projects 5 Guidelines for Climate Proofing Investments in the Transport Sector: Road Infrastructure

https://www.adb.org/documents/guidelines-climate-proofing-investment-transport-sector-road-infrastructure-projects

https://www.adb.org/publications/climate-risk-management-adb-projects



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(iii) Identify the key risks to the project road, related facilities, and relevant stakeholders in light of the future climate scenarios (including but not limited to potential impacts of climate on the suitable location of road corridors reflecting changing risks of flooding and slope failure, impacts of temperature and/or precipitation changes on materials and methods of construction; and impacts of hydrological changes on the design of drains and culverts, bridge clearances and related design components);

(iv) Provide recommendations for additional and/or more detailed analysis of climate-

related risks and steps to be taken through both engineering design and other risk management approaches (e.g., insurance) to mitigate the risks identified, working with the Economist to generate a cost-benefit analysis of the options; and

(v) Estimate GHG emission levels with and without the project, consistent with the

methods and assumptions in the Economic Analysis (Task 6). Assess and recommend measures that are technically and financially feasible to reduce or offset project-related GHG emissions during project design, construction and operation stages, working with the Economist to generate a cost-effectiveness analysis of the options.

16. The key outputs of the task would be the Climate Change Assessment Report covering (i) climate risks to the project, (ii) estimation of GHG levels with and without project, and (iii) recommendations for engineering design and other risk management approaches, including a mitigation cost-effectiveness and adaptation cost-benefit analysis. The provided Climate Risk Assessment and Management Reporting Template should be completed.

8. Task 8: Road Sector Capacity Strengthening

17. The team is to provide two (2) workshops to the road sector related public and private sectors. The topics will be related to the road safety, biodiversity protection and preservation, and/or building climate resilience roads. 18. Disaster Resilience and Response Plan. Review the effectiveness of the existing disaster resilience and response plans for the proposed road projects based on the updated data in the proposed road project sites, to manage the risks posed by the potential natural disaster in the future. Propose improvement of such plans if required. A. Reports and Deliverables 19. The consulting services will be implemented over fourteen (14) calendar months from the commencement date. The tentative major outputs and activities are summarized below.

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Major Activities

Expected Completion

Datea

Major Outputs

Expected Completion

Dateb Consultant mobilization Month 1 Work program May 2020

Task 1 Feasibility study and engineering design

Months 1 to 10 Preliminary engineering design Procurement assessment and plan Final project administration manual and design and monitoring framework Final feasibility study report

September 2020 Oct 2020

Oct 2020

Feb 2021 Task 2 Road sector analysis Months 1 to 6 Road sector assessment

report Oct 2020

Task 3 Environment and social safeguards survey and analysis, indigenous people (IP) analysis

Months 1 to 6 Final draft EIA report Final draft RP report Final IP report

Oct 2020 Oct 2020 Oct 2020

Task 4 Social, poverty and gender analysis

Months 1 to 6 Final poverty and social report, and gender action plan

Oct 2020

Task 5 Financial analysis and management assessment

Months 5 to 6 Financial analysis report, risk assessment and risk management plan (financial, procurement, governance)

Oct 2020

Task 6 Economic assessment Months 5 to 6 Economic analysis report

Oct 2020

Task 7 Climate change assessment

Months 1 to 6 Climate Change Assessment Report

Oct 2020

Task 8 Transport sector capacity strengthening

Months 3 to 10 Training plan and report April 2021

a Some consultant inputs are expected to assist in finalizing documentations and responding to clarification request beyond the expected completion date.

b Consultants are welcome to provide suggested timeline with justifications in their proposals. Source: Asian Development Bank.

20. The following reports, in English, will be submitted by the consultant to the government (2 copies) and ADB (2 copies). The final report will also be submitted on CD-ROM. All communications with DGH need to be in English.

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(i) Inception Report. Within 1 month of the commencement of consulting services, the inception report will be submitted, highlighting the progress made, initial findings, and any recommendations and proposed changes to the work program for the TA component.

(ii) Interim Report. Within 3 months of the commencement, the first interim report will

be submitted, including preliminary study results for the project roads. Necessary inputs and assistance will be provided for assisting the ADB loan processing fact-finding mission.

(iii) Draft Final Report. Within 6 months of the commencement, the draft final report

will be submitted, including final study results for the project road including reports on safeguard issues to be used for subsequent project preparation and updated design and bid documents for the roads to be funded under the ensuing loan and/or grant.

(iv) Final Report. The final report will be prepared after due consideration of

comments made by the government and ADB, presenting the final design of the project road. The report will be presented within 2 weeks of receipt of comments on the draft final report.

(v) Progress Reports. At the end of each month, a brief progress report will be

provided to ADB, in English, by e-mail, summarizing achievements, issues, and proposed measures to address.

B. Data, Local Services, Personnel, and Facilities to be provided by the Government 21. The government will provide the consultant with the following:

(i) access to data, records, and other information required to perform the assigned tasks; and

(ii) counterpart staff and engineers to coordinate with the Consultant’s team.6

6 Office space with necessary equipment will need to be prepared by the consultant.

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TERMS OF REFERENCE NATIONAL COMMUNICATION CONSULTANT

A. Scope of Work

1. In coordination with designated ADB and government staff, the consultant is expected to conduct a diagnostic of the overall communication needs of the project, both during project design and implementation. Building upon the findings of the communication-based assessment, the consultant will then develop an inclusive strategic communication program for the project. Communication activities should help ensure a regular flow of reliable information between the project and key stakeholders, and help ensure that stakeholder perspectives are shared with key staff during project design to enhance project outcomes. The consultant will undertake, but not be limited to, the key activities outlined below.

1. Deliverables 2. The consultant is expected to deliver the following products:

(i) A Communication-Based Assessment of Stakeholders (ii) An Inclusive Strategic Communication Program (including a communication

strategy and action plan; monitoring and evaluation plan; and capacity-building and knowledge management plan).

(iii) An Inclusive Stakeholder Communication Strategy for the Project Administration

Manual (PAM)

2. Specific Responsibilities 3. On-the-Ground Communication-Based Assessment. The consultant will undertake a broader diagnostic of the overall communication and information environment relevant to the project; assess any gaps in understanding or communication among all stakeholders with particular emphasis on barriers experienced by project-affected people, women and indigenous persons. The consultant is expected to incorporate the findings of their analysis into the development of a communication program for the project. During this work the consultant is expected to work closely with the safeguards specialists and the Social and Gender Specialist involved with the project. Some of the major elements of the Communication-Based Assessment include: (1) mapping of key stakeholders’ communications requirements and perspectives; (2) assessing the existing communication dynamics, including preferred communication channels and key influencers for stakeholders; (3) identifying strategic approaches and materials for engaging stakeholders through various communication and media channels; (4) identifying the gender-based stereotypes affecting the interpretation and transmission of information and developing an approach to maximize outreach and participation of community members – men and women, of all ages, ethnicity and ability; and (4) evaluating the communication capacity of the relevant institutions (e.g., EA, IA) involved in project management and implementation. 4. Development of a Strategic Communication Program. Based on the Communication-Based Assessment, the consultant will develop an Inclusive Strategic Communication Program consisting of the following major elements:

(i) A Communication Strategy that will set a vision, identify challenges and risks – including those related to gender-based stereotypes, and elaborate a plan of action

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to achieve the communication objectives contributing to the successful implementation of the project objectives;

(ii) An Inclusive Communication Action Plan that will have specific inclusive communication objectives, internal and external audiences, messages, communication channels, type of media, types of information materials, frequency, evaluation, etc. and will align with the outreach and communication activities proposed by the Safeguard and Social and Gender Specialists;

(iii) A Monitoring and Evaluation System that will include opinion research, tracking system, media monitoring, focus groups, and evaluation of major communication activities identified and listed in the Communication Action Plan. Tracking the correlation between the communication program and behavioral change related to shifting gender norms on access to information and participation in decision-making should be factored into the monitoring and evaluation system through coordination with the Social and Gender Specialist on the development of a Knowledge, Attitude and Perception survey tool (KAP surveys).

(iv) A Capacity-Building and Knowledge Management Plan that will include the types of skills training, institutional arrangements, knowledge creation and sharing activities that would be required to strengthen the capacity of key stakeholders, including Government, to design and manage the implementation of the Strategic Communication Program. This Plan should involve gender sensitization training as traditional discourse around road infrastructure work often applies exclusionary language such as “manpower”, “foreman”, “men at work”, and concepts related to the appropriateness of women doing ‘hard’ physical labor.

5. Development of a Stakeholder Communication Strategy (SCS) for the PAM. Based on the items developed above, prepare a succinct SCS in ADB style/format for the PAM. 6. All of the deliverables will be developed in coordination with the project implementing authorities, as well as relevant ADB staff and consultants. These materials should also specifically set forth indicative resource requirements needed for implementation, both human resources and budget. Direct consultations with key stakeholders should be conducted. Interviews and consultations should be documented.

3. Reporting Arrangements 7. The National Communication Consultant will report to designated ADB project staff, who will provide the overall framework and direction. Inputs will also be sought from designated safeguard, social and gender staff, and government counterparts. The consultant is expected to take initiative in carrying out work assignments, and in consulting with designated ADB staff regarding any problem areas or major constraints.

4. Duration of Assignment 8. Duration of Assignment: 3 person months intermittent. The timetable is to be fixed at a later date. 9. Start date: TBD.

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5. Qualifications 10. Advanced degree in Communication, Marketing, or related field, or equivalent experience. At least 10 years’ experience working in communications, and/or international donor funded development projects. Experience in designing and implementing communication activities to support stakeholder and civil society engagement, consultation and participation in development projects. Experience in participatory and inclusive communication activity planning, design and implementation. Fluent Bahasa Indonesia writing and verbal communication skills, with excellent written and verbal English. Familiarity with other languages spoken in Kalimantan an advantage, but not a requirement. Strong interpersonal skills and proven ability to work in a collaborative, multi-stakeholder team environment. Familiarity working with ADB-funded projects, or similar projects, an advantage.