Project Administration Manual

Project Number: P52298-001 Loan Number: LXXXX March 2020

India: State Road Improvement Project

ABBREVIATIONS

ADB – Asian Development Bank APFS – audited project financial statements CRN – core road network EMP – environmental management plan EMOP – environmental monitoring plan EWCD – elderly–women–children–differently abled GAP – gender action plan GRM – grievance redress mechanism IEE – initial environmental examination km – kilometer LFIS – Loan Financial Information System MPWD – Maharashtra Public Works Department NGO – nongovernment organization PAM – project administration manual PIU – project implementation unit PMS – project management services PMU – project management unit SPS – Safeguard Policy Statement SOE – statement of expenditure TOR – terms of reference

CONTENTS I. PROJECT DESCRIPTION 1 II. IMPLEMENTATION PLANS 1 A. Project Readiness Activities 1 B. Overall Project Implementation Plan 3 III. PROJECT MANAGEMENT ARRANGEMENTS 4 A. Project Implementation Organizations: Roles and Responsibilities 4 B. Key Persons Involved in Implementation 5 C. Project Organization Structure 6 IV. COSTS AND FINANCING 7 A. Cost Estimates Preparation and Revisions 7 B. Key Assumptions 7 A. Detailed Cost Estimates by Expenditure Category 8 B. Allocation and Withdrawal of Loan Proceeds 9 C. Detailed Cost Estimates by Financier 10 D. Detailed Cost Estimates by Outputs 11 E. Detailed Cost Estimates by Year 12 F. Contract and Disbursement S-Curve 13 G. Fund Flow Diagram 14 V. FINANCIAL MANAGEMENT 15 A. Financial Management Assessment 15 B. Disbursement 16 C. Accounting 17 D. Auditing and Public Disclosure 18 VI. PROCUREMENT AND CONSULTING SERVICES 19 A. Advance Contracting and Retroactive Financing 19 B. Procurement of Goods, Works, and Consulting Services 19 C. Procurement Plan 20 D. Consultant's Terms of Reference 20 VII. SAFEGUARDS 20 A. Environmental Safeguards 20 B. Social Safeguards 21 C. Implementation Arrangements for Environment and Social Safeguards 22 D. Grievance Redress Mechanism 23 VIII. GENDER AND SOCIAL DIMENSIONS 24 IX. PERFORMANCE MONITORING, EVALUATION, REPORTING, AND COMMUNICATION 27 A. Project Design and Monitoring Framework 27 B. Monitoring 27 C. Evaluation 29 D. Reporting 29 E. Stakeholder Communication Strategy 30 X. ANTICORRUPTION POLICY 31 XI. ACCOUNTABILITY MECHANISM 31

XII. RECORD OF CHANGES TO THE PROJECT ADMINISTRATION MANUAL 31

APPENDIXES

A. Design and Monitoring Framework B. Procurement Plan C. Terms of Reference for Consulting Services: Authority Engineer D. Terms of Reference for Consulting Services: Project Management Services E. Terms of Reference for Consulting Services: Resettlement and Gender Action Plan Implementation F. Gender Action Plan Monitoring and Reporting Format

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 Maharashtra Public Works Department (MPWD), through the project management unit, is wholly responsible for the implementation of ADB-financed projects, 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 MPWD 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 (RRP), 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 Government of requested assistance from the Asian Development Bank (ADB) to support the improvement of state highways and major district roads in the state of Maharashtra. The project will upgrade and maintain about 450 kilometers (km) of state roads forming part of the core road network (CRN) in Maharashtra, which will enhance transport accessibility and efficiency, and improve the sustainability of the road network, in line with the state’s Road Development Plan 2001–2021.1 The project will involve upgrading state roads to a two-lane standard and performance-based maintenance contracts to maintain the improved road assets for 5 years after construction. The project also includes initiatives to build institutional capacity within the Maharashtra Public Works Department (MPWD), the project executing agency, focusing on strengthened sustainability and road safety practices.

2. The project is aligned with the following impacts: connectivity between industrial areas, agricultural areas, administrative headquarters, and economic centers of Maharashtra enhanced (footnote 1). The project will have the following outcome: transport accessibility, efficiency, sustainability, and safety of the CRN in Maharashtra improved.

3. Output 1: State highways and major district roads of the core road network upgraded and maintained. The project will (i) upgrade about 25 km of major district roads and 425 km of state highways with climate change adaptation features; (ii) commence road maintenance using performance-based contracts for 450 km of roads; and (iii) install road safety features friendly to the elderly, women, children, and people with disabilities at appropriate locations.

4. Output 2: Capacity in road safety and maintenance increased. The loan will finance (i) development and adoption of a maintenance planning methodology for the project roads and other CRN roads; (ii) piloting and establishment of a systematic approach to road safety audits for 200 km of state highways; (iii) training in climate change and disaster-resilient features applicable to road design for MPWD project staff, including women staff; (iv) training in road safety auditing for MWD project staff, including for women staff; and (v) increased road safety awareness among contractors’ personnel, including women personnel.

II. IMPLEMENTATION PLANS

A. Project Readiness Activities

5. Procurement of civil works and recruitment of authority engineer consultants and a project management services (PMS) consultant are being undertaken under advance contracting and retroactive financing to enhance project readiness. The project readiness activities and the indicative timelines are presented in Table 1.

Table 1: Project Readiness Activities Year Month Indicative Milestones Responsibility 2019 January Preparation of bidding documents and TOR for consulting services MPWD April Procurement of civil works MPWD Procurement of consulting services MPWD

1 Government of Maharashtra, Public Works Department. 2012. Road Development Plan 2001–2021. Mumbai.

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Year Month Indicative Milestones Responsibility July Concept clearance ADB October Fact-finding mission ADB 2020 February Staff review meeting ADB March Loan negotiations ADB/GOI/MPWD Award of civil works contracts MPWD Award of authority engineer consulting services MPWD April ADB Board approval ADB

Loan signing ADB/GOI/MPWD

Award of all consulting services MPWD

Government legal opinion provided GOI/MPWD May Loan effectiveness ADB ADB = Asian Development Bank, GOI = Government of India, MPWD = Maharashtra Public Works Department, TOR = terms of reference. Source: Asian Development Bank.

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B. Overall Project Implementation Plan

6. The project implementation chart recording key implementation activities on a quarterly basis is provided in Table 2. The activities will be updated annually and submitted to ADB with contract and disbursement projections for the following year.

Table 2: Gantt Chart of Implementation Activities

2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 Activities Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Project Preparation Project preparation, processing, and approval by ADB Loan signing and effectiveness

Output 1: State highways and major district roads of the core road network upgraded and maintained 1.1 Procurement of civil works 1.2 Resettlement and rehabilitation activities 1.3 Recruitment and implementation of authority engineera 1.4 Civil works construction 1.5 Commencement of road maintenance activitiesb Output 2: Capacity in road safety and maintenance increased 2.1 Recruitment and implementation of project management services consultants for road asset management, road safety, financial management and safeguards 2.2 Delivery of training on climate change and disaster resilient features 2.3 Completion and piloting of road safety audits 2.4 Delivery of capacity building in road safety auditing

Project Completion Project completion reporting Financial closure of loan account ADB = Asian Development Bank, Q = quarter. a Authority engineer inputs will be intermittent during the maintenance period. b Maintenance is fully funded by the Government of Maharashtra; activities commence during implementation and extend beyond the estimated loan closing date. Source: Asian Development Bank.

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III. PROJECT MANAGEMENT ARRANGEMENTS

A. Project Implementation Organizations: Roles and Responsibilities

Table 3: Implementation Roles and Responsibilities

Project Implementation Organizations Management Roles and Responsibilities Executing agency (i) Overall coordination and supervision of project implementation activities Maharashtra Public Works (ii) Selection of subproject roads Department (iii) Procurement of civil works contracts (iv) Recruitment and administration of consulting services (v) Project sustainability at post implementation stage (vi) Preparation and submission of withdrawal applications (vii) Submission of the audited annual report and financial statements (viii) Submission of semi-annual monitoring reports on resettlement plan implementation (ix) Submission of semi-annual monitoring reports on environment (x) Maintaining project accounts and loan financial records (xi) Keeping supporting documents for project financial statements and project accounts (xii) Preparation of regular progress reports, monitoring reports, and a project completion report and their timely submission to ADB Implementing agency (i) Preparation of detailed project reports of subproject roads (ii) Day-to-day project preparation and supervision of project Project Management Unit in implementation activities the Maharashtra Public (iii) Administration of civil works contracts Works Department (iv) Quality assurance of works and services of consultants and counterpart staff (v) Compliance with safeguards requirements (vi) Involving beneficiaries, affected persons, and their representatives in all stages of project development and implementation (vii) Information disclosure (viii) Implementation of gender action plan (ix) Compliance with loan covenants (road safety, social and environment safeguards, financial, economic, others) (x) Preparation of regular progress reports and monitoring reports Asian Development Bank (i) Monitoring and review of overall project implementation in (ADB) consultation with the executing agency, including, but not limited to, progress toward the achievement of project outputs, progress of contract awards and disbursements, procurement and performance audits, and compliance with loan covenants (ii) Posting on the ADB website of updated project data sheets and safeguards documents as per the disclosure provision of the ADB Safeguard Policy Statement (2009) (iii) Ensuring compliance with loan covenants (road safety, social and environmental safeguards, financial, economic, and others) (iv) Timely processing of withdrawal applications and release of eligible funds Source: Asian Development Bank.

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B. Key Persons Involved in Implementation

7. A dedicated project management unit (PMU) is established with the executing agency, consisting of a project director, deputy project director, assistant project manager, quality assurance and accounting staff, safeguards officers, and support staff. The PMU is supported by field offices situated in project districts.

Executing agency Maharashtra Public Works Prakash Ingole Department Position: Project Director Telephone: +91 94206 91943 Email address: [email protected] Office address: Office of the Chief Engineer (), Fourth Floor Bandhkam Bhavan, 25 Marzban Road, Fort, Mumbai 400001

Asian Development Bank South Asia Transport and Ravi Peri Communications Division Position: Director Telephone: +63 2 8683 1771 Email address: [email protected] Mission Leader Kirsty Rowan Marcus Position: Transport Specialist Telephone: +63 2 8632 4847 Email address: [email protected]

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C. Project Organization Structure

Figure 1: Project Organization Structure

MPWD Additional Chief Secretary ADB (Inception, review, and midterm review missions) PMU (Mumbai) • Project director (1) Chief Engineer, Konkan Region PMS • Deputy project director (1) • Assistant project manager (1) • Senior account officer (1) • Focal safeguards and quality assurance officers (2) • Support staff (4)

PIU

Chief Engineer Konkan Chief Engineer Pune Chief Engineer Amravati Chief Engineer Amravati Field Office Field Office Field Office Field Office () (Solapur) (Amravati) (Yavatmal) Superintending Engineer Superintending Engineer Superintending Engineer Superintending Engineer (1) (1) (1) (1) Executive Engineer/ Executive Engineer/ Executive Engineer/ Executive Engineer/ Safeguards Officer (1) Safeguards Officer (2) Safeguards Officer (3) Safeguards Officer (1) Divisional Accounts Divisional Accounts Divisional Accounts Divisional Accounts Officer (1) Officer (2) Officer (3) Officer (1) Deputy Engineer/ Deputy Engineer/ Deputy Engineer/ Deputy Engineer/ Assistant Safeguards Assistant Safeguards Assistant Safeguards Assistant Safeguards Officer (4) Officer (3) Officer (6) Officer (1) Others (4) Others (3) Others (6) Others (1)

Authority engineer – Package 1 Authority Engineer – Package 2 (5 civil works packages) (4 civil works packages)

ADB = Asian Development Bank, MPWD = Maharashtra Public Works Department, PIU = project implementation unit, PMS = project management services, PMU = project management unit. Source: Asian Development Bank.

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IV. COSTS AND FINANCING

8. The project is estimated to cost $255.99 million, inclusive of taxes and duties, physical and price contingencies, interest, and other charges during implementation (Table 4).

Table 4: Summary Cost Estimates ($ million) Item Amounta A. Base Costb 1. State highways and major district roads of the core road network upgraded and 211.55 maintained 2. Capacity in road safety and maintenance improved 7.68 Subtotal (A) 219.23 B. Contingenciesc 24.96 C. Financial Charges During Implementationd 11.80 Total (A+B+C) 255.99 a Numbers may not sum precisely because of rounding. Includes taxes and duties of $37.3 million funded by the government and the Asian Development Bank (ADB). The ADB share does not represent an excessive share of the project cost. b In prices as of October 2019. c Physical contingencies are computed at 5.0% for civil works. Price contingencies computed at average cost escalation factor of 4.0% on local currency costs. d Includes interest and commitment charges. Interest during construction for the ordinary capital resources loan has been computed at the 5-year United States dollar fixed swap rate plus an effective contractual spread of 0.50% and a maturity premium of 0.10%. Commitment charges for the ordinary capital resources loan are 0.15% per year to be charged on the undisbursed loan amount. Source: Asian Development Bank estimates.

9. The government has requested a regular loan of $177 million from ADB’s ordinary capital resources to help finance the project. ADB will finance part of the civil works and consulting services. The government will finance land acquisition, utility shifting, social and environmental mitigations, 5-year road maintenance contracts, and project management.

A. Cost Estimates Preparation and Revisions

10. The cost estimates were prepared by the MPWD. The project cost includes provisions for road safety and climate change adaptation measures. The project cost will be reviewed and updated during construction based on changing quantities and application of the price escalation clause in the civil works contract.

B. Key Assumptions

11. The following key assumptions underpin the cost estimates and financing plan:

(i) Exchange rate: ₹71.0435 = $1.00 (as of 13 October 2019). (ii) Price contingencies based on expected cumulative inflation over the implementation period are as follows:

Table 5: Escalation Rates for Price Contingency Calculation (%) Item 2020 2021 2022 2023 2024 Average Domestic rate of price inflation 4.0 4.0 4.0 4.0 4.0 4.0 Source: Asian Development Bank estimates.

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A. Detailed Cost Estimates by Expenditure Category

Table 6: Detailed Cost Estimates by Expenditure Category Total Cost % of Total ($ million) Cost A. Investment Costs 1. Civil works 199.89 78.08 2. Maintenance 5.13 2.02 3. Utility shifting 2.63 1.04 4. Social mitigation and gender aspects 0.48 0.19 5. Environmental mitigation 0.24 0.10 6. Consultants a. Authority engineer 4.84 1.89 b. Project management services 4.72 1.84 c. Resettlement and gender action plan implementation 0.30 0.12 Subtotal (A) 218.23 85.25 B. Recurrent Costs 1. Project management (MPWD) 1.00 0.39 Subtotal (B) 1.00 0.39 Total Base Cost (A+B) 219.23 85.64 C. Contingencies 1. Price 13.96 5.45 2. Physical 11.00 4.30 Subtotal (C) 24.96 9.75 D. Financial Charges During Implementation 1. Interest during construction 10.80 4.22 2. Commitment charges 1.00 0.39 Subtotal (D) 11.80 4.61 Total Project Cost (A+B+C+D) 255.99 100.00 MPWD = Maharashtra Public Works Department. Note: Numbers may not sum precisely because of rounding. Source: Asian Development Bank estimates.

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B. Allocation and Withdrawal of Loan Proceeds

12. Table 7 sets forth the categories of expenditure items to be financed out of the proceeds of the loan and the allocation amounts of the loan to each category.

Table 7: ADB Regular Ordinary Capital Resources Loan Category ADB Financing Amount Allocated Percentage and Basis for Withdrawal Number Item ($ million) from the Loan Account 1 Works 151,910,000 76% of total expenditure claimed 2 Consulting services 8,110,000 85% of total expenditure claimed 3 Unallocated 16,980,000 Total 177,000,000 ADB = Asian Development Bank. Source: Asian Development Bank.

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C. Detailed Cost Estimates by Financier

Table 8: Detailed Cost Estimates by Financier ADB GOM % of Cost % of Cost Total Item Amount Amount Category Category Amount A. Investment Costs 1. Civil works 151.91 76.00 47.97 24.00 199.89 2. Maintenance - 0.00 5.13 100.00 5.13 3. Utility shifting - 0.00 2.63 100.00 2.63 4. Social mitigation and gender aspects - 0.00 0.48 100.00 0.48 5. Environmental mitigation - 0.00 0.24 100.00 0.24 7. Consulting services a. Authority engineer consultants 3.39 70.00 1.45 30.00 4.84 b. Project management services 4.72 100.00 - 0.00 4.72 c. Resettlement and gender action plan - 0.00 0.30 100.00 0.30

implementation

Subtotal (A) 160.02 73.33 58.21 26.67 218.23 B. Recurrent Costs 1. Project management (MPWD) - 0.00 1.00 100.00 1.00 Subtotal (B) - 0.00 1.00 100.00 1.00 Total Base Cost (A+B) 160.02 72.99 59.21 27.01 219.23 C. Contingencies 16.97 68.00 7.99 32.00 24.96 D. Financial Charges During Implementation - 0.00 11.80 100.00 11.80 Total Project Cost (A+B+C+D) 177.00 78.99 255.99

% Total Project Cost 69.14 30.86 100.00 ADB = Asian Development Bank, GOM = Government of Maharashtra, MPWD = Maharashtra Public Works Department. Notes: 1 Numbers may not sum precisely because of rounding. 2 Asian Development Bank will finance the taxes and duties for consulting services, while the Government of Maharashtra will finance the taxes and duties for civil works. Source: Asian Development Bank estimates. 11

D. Detailed Cost Estimates by Outputs

Table 9: Detailed Cost Estimates by Outputs ($ million)

Output 1 Output 2

Total % of Cost % of Cost Item Cost Amount Category Amount Category

A. Investment Costs 1. Civil works 199.89 198.97 99.54 0.91 0.46 2. Maintenance 5.13 3.08 60.00 2.05 40.00 3. Utility shifting 2.63 2.63 100.00 0.00 0.00 4. Social mitigation and gender aspects 0.48 0.48 100.00 0.00 0.00 5. Environmental mitigation 0.24 0.24 100.00 0.00 0.00 6. Consultants a. Authority engineer 4.84 4.84 100.00 0.00 0.00 b. Project management consultant 4.72 0.00 0.00 4.72 100.00 c. Resettlement and gender action plan 0.30 0.30 100.00 0.00 0.00 implementation Subtotal (A) 218.23 210.55 96.48 7.68 3.52

B. Recurrent Costs 1. Project management (MPWD) 1.00 1.00 100.00 0.00 0.00 Subtotal (B) 1.00 1.00 100.00 0.00 0.00 Total Base Cost (A+B) 219.23 211.55 96.50 7.68 3.50

C. Contingencies 1. Price 13.96 13.96 100.00 0.00 0.00 2. Physical 11.00 11.00 100.00 0.00 0.00 Subtotal (C) 24.96 24.96 100.00 0.00 0.00

D. Financial Charges During Implementation

1. Interest during construction 10.80 10.80 100.00 0.00 0.00 2. Commitment charges 1.00 1.00 100.00 0.00 0.00 Subtotal (D) 11.80 11.80 100.00 0.00 0.00 Total Project Cost (A+B+C+D) 255.99 248.31 97.00 7.68 3.00 MPWD = Maharashtra Public Works Department. Note: Numbers may not sum precisely because of rounding. Source: Asian Development Bank estimates.

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E. Detailed Cost Estimates by Year

Table 10: Detailed Cost Estimates by Year ($ million) Total Item Cost 2020 2021 2022 2023 2024 A. Investment Costs 1. Civil works 199.89 5.92 59.97 59.97 43.98 29.98 2. Maintenance 5.13 0.15 1.54 1.54 1.13 0.77 3. Utility shifting 2.63 0.08 0.79 0.79 0.58 0.39 4. Land acquisition, social mitigation, and gender aspects 0.48 0.01 0.15 0.15 0.11 0.07 5. Environmental mitigation 0.24 0.01 0.07 0.07 0.05 0.04 6. Consultants a. Authority engineer consultants 4.84 0.14 1.45 1.45 1.07 0.73 b. Project management consultant 4.72 0.00 1.42 1.65 1.18 0.47 c. Resettlement plan and gender action plan 0.30 0.01 0.09 0.09 0.06 0.04 implementation Subtotal (A) 218.23 6.46 65.47 65.47 48.01 32.73 B. Recurrent Costs 1. Project management 1.00 0.03 0.30 0.30 0.22 0.15 Subtotal (B) 1.00 0.03 0.30 0.30 0.22 0.15 Total Project Cost (A+B) 219.23 6.49 65.77 65.77 48.23 32.88 C. Contingencies 24.96 0.74 7.49 7.49 5.49 3.74 D. Financial Charges During Implementation 11.80 0.35 3.54 3.54 2.60 1.77 Total Project Cost (A+B+C+D) 255.99 7.58 76.80 76.80 56.32 38.40 % Total Project Cost 100.00 3.00 30.00 30.00 22.0 15.00 Note: Numbers may not sum precisely because of rounding. Source: Asian Development Bank estimates.

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F. Contract and Disbursement S-Curve

Table 11: Contract Awards and Disbursement Baseline Projections ($ million) Contract Award Disbursement Year Q1 Q2 Q3 Q4 Total Q1 Q2 Q3 Q4 Total 2020 0.0 0.0 103.6 4.7 108.3 0.0 0.0 0.0 5.3 5.3 2021 0.0 68.7 0.0 0.0 68.7 13.3 13.3 13.3 13.3 53.1 2022 0.0 0.0 0.0 0.0 0.0 13.3 13.3 13.3 13.3 53.1 2023 0.0 0.0 0.0 0.0 0.0 9.7 9.7 9.7 9.7 38.9 2024 0.0 0.0 0.0 0.0 0.0 6.6 6.6 6.6 6.6 26.6 Total Contract Awards 177.0 Total Disbursements 177.0 Q = quarter. Source: Asian Development Bank estimates.

Figure 2: Contract Awards and Disbursement S-Curve

Q = quarter. Source: Asian Development Bank estimates.

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G. Fund Flow Diagram

Figure 3: Fund Flow Diagram

ADB Government of Government of Maharashtra India

PMU/ Civil Works Contractors Mumbai Payment

IPC PIU Billing Division Office Certified (Executive by Authority Engineer) Engineer Ratnagiri (1) Solapur (2) Vouchers Land Amravati (3) Acquisition, Yavatmal (1) R&R, Shifting Payment Utilities Vouchers Consulting services, Payment equipment supplies, other expenditures Fund request Budget release

Withdrawal MPWD Application

ADB Ministry of Withdrawal Finance Budget Application allocation CAAA

Finance Department GOI of GOM Bank Account

Funds Flow Documents Flow

ADB = Asian Development Bank, CAAA = Controller of Aid Accounts and Audit, GOI = Government of India, GOM = Government of Maharashtra, IPC = interim payment certificate, MPWD = Maharashtra Public Works Department, PIU = project implementation unit, PMU = project management unit, R&R = resettlement and rehabilitation. Source: Asian Development Bank.

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V. FINANCIAL MANAGEMENT

A. Financial Management Assessment

13. The financial management assessment (FMA) was conducted in September 2019 in accordance with ADB’s Guidelines for the Financial Management and Analysis of Projects and the Financial Due Diligence: A Methodology Note. The FMA considered the capacity of the PMU and PIU including funds-flow arrangements, staffing, accounting and financial reporting systems, financial information systems, and internal and external auditing arrangements. Based on the assessment, the key financial management risks identified are (i) the MPWD and the PMU have not implemented an ADB-supported project before, and (ii) the lack of an internal audit function within the PMU. It is concluded that the overall premitigation financial management risk of the PMU is moderate. The PMU has agreed to implement an action plan as key measure to address the deficiencies. The financial management action plan is provided in Table 12.

Table 12: Financial Management Action Plan Responsible Key Risks Risk Mitigating Activity Timeline Entity Lack of This is the implementing entity’s first Within 6 months ADB knowledge on ADB-financed project. Trainings will be of the project start ADB policies and conducted on ADB disbursement date procedure procedures and financial management requirements for all financial management staff of the PMU and field offices. Lack of finance A senior level person in the PMU will be Before March PMU/MPWD and accounts assigned the responsibility of overseeing 2020 staff the financial management of the project. For each PIU, one of the existing accounting staff of the field offices will be assigned financial management responsibilities on exclusive basis. The PMU will also engage a consulting firm for providing financial management support until the end of the project. Timely release of ADB disbursement will follow the Throughout the PMU/MPWD counterpart reimbursement procedure. Timely project period funds availability of funds will be ensured with proper annual budgeting for implementing the proposed funds-flow arrangements. The PMU will be responsible for submitting detailed budget proposals based on the project workplan on annual basis. The MPWD will ensure adequate budgetary allocations and timely release of funds for the project on annual basis. Accounting To ensure full compliance with ADB’s Before May 2020 PMU/MPWD policies and requirements at all levels, a policies and procedures procedures manual with project-specific require updating financial management procedures needs to be developed and implemented by the

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Responsible Key Risks Risk Mitigating Activity Timeline Entity MPWD. Training will be provided to the PMU and PIU financial management staff on the manual. Absence of A chartered accountant firm, independent Hiring of internal PMS/PMU/MPWD internal audit of the firm and/or individuals responsible audit firm by April within the PMU for accounting and financial reporting of 2020 the PMU, will be engaged to conduct internal audits and report to the PMU Conduct internal project director and Secretary (Roads), audit semi- MPWD within 45 days after the end of the annually reporting period. throughout the project period Insufficient Submission to ADB of quarterly progress At project start PMU/MPWD reporting and reports, including physical and financial and throughout monitoring of the progress with variance analysis and the entire duration project’s disbursement reports, will take place from of the project financial the onset of the project. Reports will progress include reconciliation with the ADB LFIS system. Reports will be submitted within 45 days of the end of each quarter. Delayed Submission of project financial Annually PMU/MPWD submission of statements to the auditor will be within 3 APFS months of the end of the financial year and the APFS will be submitted to ADB within 6 months from the end of the fiscal year. The APFS will ensure compliance with audit TORs agreed with CAG in India. Improvements in The PMU will arrange a customized Before June 2020 PMU/MPWD financial financial reporting IT-based system for reporting preparing project financial statements. systems The system will preferably be integrated with existing accounting and budgeting systems (Accounts Management System and Budget Expenditure Accounts Management software) of the government. ADB = Asian Development Bank, APFS = audited project financial statement, CAG = Comptroller and Auditor General, FY = fiscal year, IT = information technology, LFIS = Loan Financial Information System, MPWD = Maharashtra Public Works Department, PD = project director, PMS = project management services, PMU = project management unit, TOR = terms of reference. Source: Asian Development Bank.

B. Disbursement

1. Disbursement Arrangements for ADB Funds

14. The loan proceeds will be disbursed in accordance with ADB’s Loan Disbursement Handbook (2017, as amended from time to time),2 using reimbursement procedure and detailed

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

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arrangements agreed upon between the government and ADB. Online training for project staff on disbursement policies and procedures is available.3 Project staff are encouraged to avail of this training to help ensure efficient disbursement and fiduciary control.

15. Statement of expenditure (SOE) procedure.4 The SOE procedure may be used for reimbursement of eligible expenditures. The ceiling of the SOE procedure is the equivalent of $100,000 per individual payment. 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. Reimbursement of individual payments in excess of the SOE ceiling should be supported by full documentation when submitting the withdrawal application to ADB.

16. Before the submission of the first withdrawal application (WA), the borrower should submit to ADB sufficient evidence of the authority of the person(s) who will sign the withdrawal applications on behalf of the government, together with the authenticated specimen signatures of each authorized person. The minimum value per WA is stipulated in the Loan Disbursement Handbook (2017, as amended from time to time). Individual payments below such amount should be paid by the PMU and subsequently claimed to ADB through reimbursement. The borrower should ensure sufficient category and contract balances before requesting disbursements. Use of ADB’s Client Portal for Disbursements (CPD) system is mandatory for submission of withdrawal applications to ADB. The project staff is encouraged to obtain proper training on the use of the CPD platform.

2. Disbursement Arrangements for Counterpart Fund

17. The counterpart funds will be sufficiently allocated in the annual budget since the project is under reimbursement procedure. The PMU will prepare the disbursement projections and transmit these to the government to earmark the required funds for budgeting purposes. The PMU will be responsible for preparing disbursement projections and requesting budgetary allocations for the project, including counterpart funds to the PMU. The PMU will submit to ADB annual project contract awards and disbursement projections at least a month before the start of each financial year.

C. Accounting

18. The MPWD will maintain, or cause to be maintained, separate books and records by funding source for all expenditures incurred on the project following cash-based accounting principles and practices prescribed by the Government of India’s accounting laws and regulations.5 The MPWD will prepare project financial statements in accordance with the government’s accounting laws and regulations that 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. The template financial statements provided in the 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.

3 Disbursement eLearning: http://wpqr4.adb.org/disbursement_elearning. 4 SOE forms are available in Appendix 7B and 7D of ADB’s Loan Disbursement Handbook (2017, as amended from time to time). 5 Government laws and regulations, and following Indian Generally Accepted Accounting Principles.

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D. Auditing and Public Disclosure

19. The MPWD will cause the detailed project financial statements to be audited in accordance with Government of India regulations and by an independent auditor acceptable to ADB. The audited project financial statements together with the auditor’s opinion will be presented by the MPWD in the English language to ADB within 6 months from the end of the fiscal year.

20. 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; and (ii) whether the proceeds of the loan were used only for the purpose(s) of the project. The annual project financial statements should include withdrawal application-wise reconciliation between amounts reported in the project financial statements and disbursement amounts appearing in the Loan Financial Information System (LFIS) of ADB. The LFIS can be accessed online and ADB will provide LFIS access to project staff on request.

21. SOE records should be maintained and made readily available for review by ADB’s disbursement and review missions or upon ADB’s request for submission of supporting documents on a sampling basis, and for independent audit.

22. Compliance with financial reporting and auditing requirements will be monitored by review missions and during normal program supervision, and followed up regularly with all concerned, including the external auditor.

23. The government, the MPWD, and the PMU 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.6 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.

24. 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 2011.7 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

6 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. 7 Access to Information Policy: http://www.adb.org/documents/access-information-policy.

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acceptability by posting them on ADB’s website. The management letter, additional auditor’s opinions, and audited entity financial statements will not be disclosed.8

25. In addition to the external audit described above, an audit firm will be hired to conduct semi-annual internal audits and reporting to the MPWD Secretary (Roads) after receiving comments from the Project Director, PMU within 45 days after the end of the reporting period. The scope of the internal audit will focus in particular on the financial activities carried out by the PMU and the PIUs. An outline of terms of reference for the internal audit firm to be hired is provided in Appendix D. The MPWD shall consider key issues pointed out by the auditors and ensure timely resolution of observations by the project management.

VI. PROCUREMENT AND CONSULTING SERVICES

A. Advance Contracting and Retroactive Financing

26. All advance contracting and retroactive financing will be undertaken in conformity with the ADB Procurement Policy (2017, as amended from time to time), and the 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 MPWD, has been advised that approval of advance contracting and retroactive financing does not commit ADB to finance the project.

27. Advance contracting. Advance contracting will be undertaken for civil works and consulting services.

28. Retroactive financing. After loan effectiveness, withdrawals from the loan account may be made for the reimbursement of eligible expenditures in connection with civil works and consulting services up to $35.4 million, the equivalent of 20% of the total ADB loan, incurred before loan effectiveness, but not earlier than 12 months before the signing of the loan agreement.

B. Procurement of Goods, Works, and Consulting Services

29. All procurement of goods and works will be undertaken in accordance with ADB’s Procurement Policy (2017, as amended from time to time) and the Procurement Regulations for ADB Borrowers (2017, as amended from time to time).

30. Open competitive bidding with national advertisement will be used for civil works contracts estimated to cost less than $40,000,000. The state government’s electronic procurement system will be used.9

31. The MPWD will ensure consistency between the public procurement laws of the central and state governments to ensure consistency with ADB’s Procurement Policy (2017, as amended from time to time).

32. An 18-month procurement plan indicating threshold and review procedures, goods, works, and consulting service contract packages and national competitive bidding guidelines is in Section

8 This type of information would generally fall under public communications policy exceptions to disclosure. ADB. 2018. Access to Information Policy. 9 The e-procurement system was approved by ADB on 30 April 2019.

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C.

33. All consultants and nongovernment organizations (NGO) will be recruited according to ADB’s Procurement Policy (2017, as amended from time to time) and the Procurement Regulations for ADB Borrowers (2017, as amended from time to time).10 The terms of reference for all consulting services are detailed in Section D.

34. The MPWD will recruit two international or national firms as the authority engineers to facilitate the implementation of nine civil works packages. The total time inputs of the authority engineers are estimated at 2,431 person-months for international and national experts. The MPWD will also recruit one national firm as the PMS to support the PMU in the overall monitoring of safeguard implementation, financial management and reporting, and capacity support for road safety and road maintenance. The total time inputs of the PMS are estimated at 114 person- months for national experts. Consulting firms will be engaged using the quality- and cost-based selection (QCBS) method with a standard quality–cost ratio of 90:10. NGOs will be recruited by the MPWD under government funding to support the resettlement plan implementation.

C. Procurement Plan

35. The procurement plan is in Appendix B and describes all procurement of works and consulting services to be undertaken.

D. Consultant’s Terms of Reference

36. The terms of reference (TOR) of the consultants engaged under the project are provided in the following appendices:

(i) TOR for Authority Engineer (for Packages 1 and 2): Appendix C (ii) TOR for Project Management Services Consultant: Appendix D (iii) TOR for Resettlement and Gender Action Plan Implementation NGO: Appendix E

VII. SAFEGUARDS

37. 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 ADB SPS.

A. Environmental Safeguards

38. The project is categorized B in accordance with the ADB SPS. The project involves the improvement of two existing major district roads and 11 state highways, totaling about 450 km, from single or intermediate lane to two lanes. No significant, irreversible environmental impacts are anticipated and none of the roads are located inside any critical habitats. Two roads, SH 204 (Barshi–Solapur) and SH 68A (Korti–Awati portion), pass through patches of the Great Indian Bustard Sanctuary.11 The biodiversity assessment established that the sanctuary is not a critical

10 Checklists for actions required to contract consultants by method are available in the e-Handbook on Project Implementation at http://www.adb.org/documents/loan-disbursement-handbook. 11 The Great Indian Bustard Sanctuary (formerly Jawaharlal Nehru Bustard Sanctuary) is identified as an Important Bird and Biodiversity Area (IBA) by BirdLife International, although noted as unsuitable habitat for the Great Indian Bustard.

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habitat for, nor will the road improvement impact, the endangered birds.12 No other roads pass through or are near any protected or environmentally sensitive areas. Mitigation measures were proposed in the initial environmental examination (IEE) for the observed movement of wildlife such as black bucks and other small mammals along this road. A consolidated IEE has been prepared for the project in accordance with the ADB SPS. The MPWD will not allow road construction to commence without obtaining the necessary permits and clearances.

39. Individual environmental management plans (EMP) have been prepared for each road covering mitigation measures for all anticipated environmental impacts during project construction and operation. The EMPs have been approved by ADB and included in the contract agreement with the respective civil works contractors. Specific mitigation measures with details on location, time, and responsible agency for implementation are given in these EMPs. Accompanying environmental monitoring plans (EMOP) for each road were also prepared to guide the monitoring of various environment quality parameters, such as air and water quality, noise and vibration, 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.

B. Social Safeguards

40. Involuntary resettlement. The project is categorized B based on the ADB classification system. The project will require about 216 square meters of private land. The preferred approach to acquire private land and assets will be through direct purchase, following the provisions of Section 46 of India’s Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (2013), the Government of Maharashtra Direct Purchase Act (2016), and the ADB SPS.13 As per the ADB SPS requirement, the fairness and transparency of the direct purchase approach will be independently monitored by a third party. Should direct negotiations fail, the involuntary safeguards standard requirement will be triggered.14 Resettlement plans (nine) have been prepared and disclosed on the ADB website. The cost of direct purchase and resettlement and rehabilitation activities will be entirely borne by the Government of Maharashtra.

41. Indigenous people’s safeguards. The social impact assessment conducted by the MPWD indicates that the project will not affect indigenous people’s communities within the meaning of the SPS. Therefore, the project is categorized C based on the ADB classification system and no indigenous people’s plans have been prepared.

12 As assessed based on the International Finance Corporation’s Guidance Note 6 on Biodiversity Conservation and Sustainable Management of Living Natural Resources updated in 2019 and ADB SPS 2009. 13 SPS Appendix 2, paragraph 25, p. 48: “Safeguard Requirements 2 does not apply to negotiated settlements, unless expropriation would result upon the failure of negotiations. Negotiated settlements help avoid expropriation and eliminate the need to use governmental authority to remove people forcibly. The borrower and/or client is encouraged to acquire land and other assets through a negotiated settlement wherever possible, based on meaningful consultation with affected persons, including those without legal title to assets. A negotiated settlement will offer adequate and fair price for land and/or other assets. The borrower and/or client will ensure that any negotiations with displaced persons openly address the risks of asymmetry of information and bargaining power of the parties involved in such transactions. For this purpose, the borrower and/or client will engage an independent external party to document the negotiation and settlement processes. The borrower and/or client will agree with ADB on consultation processes, policies, and laws that are applicable to such transactions; third-party validation; mechanisms for calculating the replacement costs of land and other assets affected; and record-keeping requirements.” 14 Only one subproject road will require land acquisition by direct purchase. One private titleholder will lose 216 square meters of land in Pusad village.

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C. Implementation Arrangements for Environment and Social Safeguards

42. The responsibilities of various agencies and parties for implementing environmental and social safeguards are provided in this section.

43. Project management unit. The PMU is headed by a project director and supported by a deputy project director, assistant project manager, and two focal safeguards officers. Four field offices have been established under the PIU to support the PMU operation. Each field office is headed by a superintending engineer and supported by one, two, or three executive engineers, deputy engineers, and junior engineers. The executive engineer will serve as the social and environmental safeguards focal at the site level. The PMU and field offices will be responsible for ensuring the timely processing of forestry clearances, tree cutting permits, and other similar clearances and permits required for the project. They will also ensure timely and effective planning and implementation of resettlement and social development activities. The PMU and the field offices will conduct at least bimonthly site visits and ensure the reports submitted by the contractor and the authority engineers are consistent with site conditions. The PMU with the support of the PMS will review all social and environmental monitoring reports prepared by the contractor and the authority engineers. The PMU will ensure that (i) semi-annual environmental monitoring reports, and (ii) semi-annual social monitoring reports are submitted within 3 calendar months from the end of the respective reporting period to ADB for disclosure on the ADB website.

44. Project management services. Project implementation support, including safeguards implementation, will be provided to the PMU by the PMS. The PMS team will include an environmental specialist whose role will be to support the PMU in monitoring the implementation of environmental safeguards under the project and the review of environmental monitoring reports submitted by the authority engineers and the contractor. The PMS will also carry out capacity building activities on the implementation of social and environmental safeguards, including sustainability and climate change adaptation measures, through training workshops and on-site training for the PMU, authority engineers, and contractor, as necessary. The PMS will have a gender and social development specialist to assist the PMU in overseeing the implementation of the resettlement plans, gender-related actions, and other social development activities. The PMS will prepare safeguards monitoring templates to be used by the authority engineers.

45. Authority engineers. Two authority engineer consultants are engaged under the project and will be responsible for supervising implementation of the EMP and EMOP by the contractor, and the resettlement and social development activities by the resettlement implementation NGOs.

46. Each authority engineer will include an environmental specialist who will be responsible for at least fortnightly site-level supervision and monitoring using the standard safeguards monitoring templates prepared by the PMS. All subplans such as the 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 authority engineer. The authority engineer will also provide guidance to the contractor on corrective measures that must be taken and monitor their compliance, and ensure that proposed climate and disaster risk adaptation measures are properly implemented. The environmental expert will review and verify all environmental reports prepared by each of the contractors. Based on site inspections and environmental reports from the contractors, the environmental expert will prepare quarterly environmental monitoring reports for submission to the PMU. The quarterly reports will be 23

consolidated into a semi-annual environmental monitoring report and submitted to the PMU for their review and endorsement for further submission to ADB.

47. Each authority engineer will also include a social development specialist. The specialist will be responsible for the following: (i) guide the implementation of the resettlement plans; (ii) help set up an internal monitoring system; (iii) participate and monitor the project-level grievance redress committee; and (iv) support the preparation of the semi-annual social monitoring reports.

48. Contractor. The contractor will prepare and implement the site-specific contractor’s EMP and EMOP based on the EMP and EMOP attached to the bidding documents. Qualified environmental health and safety experts will be recruited within 30 days of contract signing and maintained throughout the construction period. These personnel will have presence in all construction and campsites and ensure proper day-to-day implementation of the EMP. The EMOP will include data collection on air, water, noise, and vibration following protocols as provided in the IEE, to be done by approved laboratories and/or testing centers as verified by the authority engineer. Quarterly environmental monitoring reports will be prepared for review and approval by the authority engineer. For SH 204, the contractor will include wildlife movements and/or sightings in its monitoring reports. The contractor will coordinate closely with the authority engineer on climate and disaster risk adaptation measures.

49. Resettlement and gender action plan implementation nongovernment organization. Two resettlement implementation NGOs will be recruited to facilitate the implementation of the nine resettlement plans and the gender action plan (GAP). The NGOs will work as a link between the PMU’s field offices and the affected community, and conduct the following key tasks: (i) identify, verify, and update the census of affected households; (ii) develop micro plans in consultation with the project-affected persons and the PMU staff; (iii) educate project-affected persons on the entitlement matrix; (iv) assist affected households in identifying suitable alternate land for resettlement purpose; (v) prepare and distribute entitlement identity cards; (vi) assist affected persons in getting benefits from various government development programs; (vii) conduct the livelihood development program; (viii) help establish and set up the grievance redress committees; (ix) conduct ongoing consultations with affected persons with special attention to women and vulnerable groups; (x) set up and manage the internal monitoring system; (xi) assist with implementation of gender actions; (xii) implement, monitor, and report activities in the GAP; and (xiii) prepare formats to collect sex-disaggregated data.

D. Grievance Redress Mechanism

50. The detailed description of the grievance redress mechanism (GRM) is in the IEE and resettlement plans of all project roads. The purpose of the GRM will be to receive and facilitate the resolution of affected people’s concerns, complaints, and grievances about the social and environmental performance at the project level. The GRM will aim to provide a time-bound and transparent mechanism to voice and to resolve social and environmental concerns linked with the project. The project-specific GRM is not intended to bypass the government’s own redress process but to address project-affected people’s concerns and complaints promptly, making the GRM readily accessible to all segments of affected persons and scaled to the risks and impacts of the project. Hence, depending on the nature and significance of the grievances or complaints, the GRM will comprise procedures to address grievances at the project site, the PIU, and at the PMU level. More serious complaints that cannot be addressed at the PIU level will be forwarded to the PMU grievance redress committee. Complainants may access the formal legal system at any time.

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51. Site-level grievance redressal will be handled by the authority engineer as the mediating party between the contractor and the aggrieved. The PIU-level grievance redress committee (GRC) will be chaired by the superintending engineer and composed of representatives from the contractor, authority engineer, PIU, women’s representative, local community, and local forestry authority as necessary. The PMU level will be chaired by the Project Director and comprise members from the MPWD, PMS, authority engineer, contractor, and women’s representative.

52. The local communities in the project area will be informed by the PIU of the grievance redress procedure and the contact persons for lodging complaints. Provisions shall also be made for lodging complaints at the respective MPWD offices. Contractors, the PIU, and the PMU will maintain logbooks and/or database of grievances and will report on formal and informal complaints and feedback received as part of regular safeguards reporting.

VIII. GENDER AND SOCIAL DIMENSIONS

53. Gender. The project is categorized as effective gender mainstreaming based on the Guidelines for Gender Mainstreaming Categories of ADB Projects (2012). A gender action plan (GAP) is attached to the project and outlines 10 activities and measurable indicators: (i) enhance women’s economic and human development opportunities; (ii) build institutional gender capacities; (iii) strengthen the technical and management capacities of women staff on climate adaptation and resilience features applicable to road design and road safety auditing; (iv) create spaces for women’s participation in decision-making and leadership; (v) support reduced time poverty; and (vi) promote gender responsive infrastructure by ensuring friendly road and bus shelter design features for the elderly, women, children, and differently-abled. This component will include a pilot initiative of additional design features, such as solar lights and information on women-centric schemes, women empowerment messages, and helpline numbers in select bus shelters. The project will maintain sex-disaggregated data on staff, consultants, construction workforce participation, labor, and project related trainings.

54. The PMU in the MPWD, with support from the gender consultants, will be responsible for GAP implementation and monitoring. To oversee and monitor GAP implementation, gender focal points will be nominated—one in MPWD and one in each of the PIU’s four field offices (Amravati, Ratnagiri, Solapur, and Yavatmal). The project will include and publish gender-specific information and sex-disaggregated data, as relevant. The budget for GAP implementation has been absorbed in cost items for civil works as well as resettlement and gender action plan implementation in Tables 6 to 10. Table 13 lists these measures and the institutions responsible for implementation.

Table 13: Gender Actions Activities Indicators/Targets Responsibility Timelines Output 1: State highways and major district roads of the core road network upgraded and maintained 1.1. Road upgraded 1. Road safety features friendly to MPWD, During infrastructure incorporate elderly people, women, children, Authority implementation EWCD-friendly design and and people with disabilities installed Engineers period safety measuresa at 50 appropriate locations (2019 baseline: 0) 1.2. EWCD-friendly bus 2. 50 (100%) bus shelters MPWD, During sheltersb constructed in constructed on state highways have Authority implementation state highways EWCD-friendly features Engineers period (2019 baseline: 0) 25

Activities Indicators/Targets Responsibility Timelines 1.3. Solar light provision 3. 50 (100%) of bus shelters MPWD, During included in bus shelters identified and fitted with solar lights Authority implementation close to educational and (2019 baseline: 0) Engineers period health facilities on a pilot basis 1.4. Information on 4. 50% bus shelters include MPWD, During women-specific schemes, information on women-specific Authority implementation women empowerment, schemes, women empowerment, Engineers period and helpline numbers and helpline numbers included in bus shelters (2019 baseline: 0) 1.5. Organize health 5. 10 health camps organized in all MPWD, During camps for women at roads for at least 30 EWCD persons Authority implementation different habitations per health camp Engineers period alongside the highway (Target: 50% women) with representation of 6. 5 health camps for 150 women women community on breast and cervical cancer members awareness and on road safety and sexually transmitted infections (including HIV) awareness (2019 baseline: 0) 1.6. Conduct gender- 7. Contractors provided with an MPWD, During based awareness for advisory on enhancing female Authority implementation contractors, especially on workforce participation and Engineers period engaging female maintaining sex-disaggregated data workforce and enhancing on construction workers their participation across (2019 baseline: not applicable) skilled and unskilled 8. At least 80% contractors’ categories personnel, including 80% eligible women personnel, report increased awareness in road safety and sexually transmitted infections (including HIV) (2019 baseline: not applicable) 9. Post-training survey conducted to assess enhanced awareness in road safety and sexually transmitted infections (including HIV) (2019 baseline: not applicable) Output 2: Capacity in road safety and maintenance increased 2.1. Organize technical and 10. At least 100 eligible MPWD staff, MPWD, During management capacity of which 20% are women (20 Authority implementation building trainings for MPWD women staff), report increased Engineers period project staff knowledge in climate adaptation and resilience features applicable to road design (2019 baseline: not applicable) 11. A post training assessment survey conducted to assess how participants evaluate acquired knowledge and skills (2019 baseline: not applicable) 12. At least eligible 50 staff, of which 20% are women (10 women staff),

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Activities Indicators/Targets Responsibility Timelines report increased knowledge in technical capacity on road safety auditing (2019 baseline: not applicable) 13. A post training assessment survey conducted to assess how participants evaluate acquired knowledge and skills (2019 baseline: not applicable) 2.2. Organize gender 14. All (100%) MPWD project staff, MPWD During trainings and GAP including 90% women project staff, implementation orientation for MPWD project trained on GAP implementation, period staff monitoring, and reporting (2019 baseline: not applicable) 2.3. Project PMIS includes 15. Sex-disaggregated data on MPWD During gender-specific project staff, consultants, workforce implementation information and sex- participation, labor, and project period disaggregated data, as related orientation and training relevant programs are maintained and reported in progress reports 2.4. MPWD oversees 16. GAP progress monitored MPWD During implementation, monitoring, regularly and reported every quarter implementation and reporting of GAP with the project quarterly progress period reports (2019 baseline: not applicable) 17. Gender focal point designated in Year 1 the MPWD and each of the 4 PIUs (Amravati, Ratnagiri, Solapur, and Yavatmal) (2019 baseline: not applicable)

18. Gender specialist consultant is Year 1 recruited

(2019 baseline: not applicable)

19. Combined GAP completion report highlighting benefits of improved road infrastructure, reduced time poverty, and lessons learned submitted upon project completion (2019 baseline: not applicable) EWCD = elderly–women–children–differently abled, GAP = gender action plan, MPWD = Maharashtra Public Works Department, PIU = project implementation unit, PMIS = project management information system. a EWCD-friendly road-safety features include geometric improvement, introduction of safety and crash barriers, drainage improvement, rigid pavement in urban areas to reduce likelihood of potholes, and proper pavement markings. b EWCD-friendly bus shelter features include ramps and proper lighting. Source: Asian Development Bank.

55. HIV and human trafficking. The PMU shall ensure that community awareness campaigns about HIV and human trafficking prevention will be carried out along the project road corridors by the resettlement implementation and community awareness NGOs or agencies in coordination with existing local programs. Moreover, the PMU shall ensure that the works contracts under the project incorporate provisions that require contractors to (i) carry out HIV 27

awareness programs for labor, and (ii) disseminate information at worksites on the risks of sexually transmitted diseases and HIV as part of health and safety measures for those employed during construction. Such contracts will also include clauses for termination in case of any breach of the stated provisions by the contractors. The social experts from the authority engineers will monitor the implementation.

56. Labor standards. The Government of Maharashtra and the PMU shall ensure that the works contracts under the project follow all applicable labor laws of the Government of India and the Government of Maharashtra and that these further include provisions to the effect that contractors will (i) follow and implement all statutory provisions on labor (including not employing or using children as labor, equal pay for equal work), health, safety, welfare, sanitation, and working conditions. Such contracts will also include clauses for termination in case of any breach of the stated provisions by the contractors. The authority engineers will monitor the implementation.

57. Road safety. The PMU shall ensure that community awareness campaigns on road safety will be carried out by the resettlement implementation NGOs (in coordination with the PMS consultant) along the corridors of the project roads. The social experts from the authority engineers will monitor the implementation.

IX. PERFORMANCE MONITORING, EVALUATION, REPORTING, AND COMMUNICATION

A. Project Design and Monitoring Framework

58. The design and monitoring framework (DMF) for the project is in Appendix A.

B. Monitoring

59. Project performance monitoring. The achievement of the project performance targets will be assessed against the output and outcome indicators as stipulated in the DMF. The MPWD, assisted by the PMS, will establish and implement a project performance management system within 3 months of loan effectiveness, in form and substance acceptable to ADB for use throughout the project period.

60. The MPWD, assisted by the PMS, within 3 months of loan effectiveness, will establish disaggregated baseline data for performance indicators to be used for monitoring the achievement of project implementation. It will conduct annual evaluation surveys for each project road, in accordance with the project performance management system, to evaluate the scope, implementation arrangements, progress, and achievement of project objectives.

61. Compliance monitoring. Compliance with covenants will be monitored through ADB’s project administration missions—including the project inception mission to discuss and confirm the timetable for compliance with the loan covenants; 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 the midterm review mission, if necessary, to review covenants to assess whether they are still relevant or need to be changed, or waived due to changing circumstances.

62. Safeguards monitoring. Implementation of the EMP, resettlement plans, and social development measures will be monitored internally by the designated PMU officers and ADB

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safeguards staff. An independent expert party will assess the fairness and transparency of the direct purchase process.

63. Environmental safeguards monitoring. Monthly reports on the implementation of the mitigation measures onsite will be maintained by the contractor. Based on these records and fortnightly spot checks by the authority engineer environmental specialist, monitoring reports will be compiled on a quarterly basis. These quarterly monitoring reports will be submitted for review and approval by the PMU with the support of the PMS. The PMS will consolidate the quarterly monitoring reports into semiannual environmental monitoring reports and submit these to the PMU for review and approval and further forward these to ADB within 3 calendar months from the end of the respective reporting period 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. Further need for revising the initial environment examination report during project construction will also be reviewed and confirmed in discussion with ADB.

64. Social safeguard monitoring. The safeguards focal officers of the PMU will be responsible for overall monitoring and evaluation of the project progress for social development and safeguards. Social development and safeguards will also be monitored by a social development specialist from ADB’s South Asia Department.

65. Internal monitoring. An internal monitoring system will be established by the PMU and the resettlement implementation NGOs with the support of the authority engineer social development and gender specialist. A set of processes, outcomes, and baseline indicators will be developed by the PMS, and the baseline gathered at the onset of resettlement plan implementation. These indicators will include assessing whether resettlement goals have been achieved, whether livelihood and living standards have been restored, and provide recommendations for improvement. Monitoring will also ensure the recording of affected persons’ views on resettlement issues, such as the displaced peoples’ understanding of entitlement policies, options, and alternatives; site conditions; compensation valuation and disbursement; grievance redress procedures; and staff competencies. Moreover, the resettlement implementation NGOs will develop a system to manage land acquisition and resettlement data (records of compensation and disbursements) as well as to maintain records of consultations, grievances, and redress.

66. Third party monitoring. The PMU will recruit a third-party monitor to assess the fairness and transparency of the direct purchase process.

67. Gender and social dimensions monitoring. The PMU with support from the PMS will monitor GAP initiatives. The implementation NGOs and the PMS consultant will prepare monthly progress reports on GAP activities. The PMS and gender and/or social development experts will also provide inputs on the implementation of the GAP for the quarterly progress reports. GAP implementation progress will be reported every quarter, in accordance with the agreed GAP monitoring matrix and submitted to ADB as part of quarterly progress reports. The agreed GAP implementation monitoring matrix is in Appendix F. Sex-disaggregated data should be collected and reported in the semi-annual social monitoring reports.

68. Monitoring reports. Regular monitoring reports will be prepared and submitted to ADB within 3 calendar months from the end of the respective reporting period for disclosure. Table 14 provides more details on the required reports to be produced.

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Table 14: Social Development Reporting Requirements Type of Report Content Frequency Responsibility Progress report Progress on land acquisition and resettlement Monthly Resettlement activities, progress on indicators, results, issues implementation NGO to affecting performance, constraints, variations submit to PMU from resettlement plans (if any) and reason for the same, and corrections recommended Social monitoring Progress on land acquisition and resettlement Semi-annually PMU to submit to ADB report activities, indicators, variations (if any) with explanation and outcome, recommended corrective actions

Progress on the implementation of community awareness activities on HIV, human trafficking, and road safety, and reporting on gender Third party Assessment of the fairness and transparency of As necessary Independent monitoring monitor of direct the direct purchase process and concerned team to submit to PMU; purchase owners’ satisfaction with the process PMU to submit to ADB Resettlement Overall narrative of the land acquisition and Once PMU to submit to ADB completion resettlement process, outputs, and outcomes of report indicators from baseline, key variations/changes, lessons learned ADB = Asian Development Bank, NGO = nongovernment organization, PMU = project management unit.

Note: 1The table lists all the reports related to the implementation of resettlement activities—even internal reports already included in the terms of reference of the resettlement plan implementing NGO or agency or external monitor. The list is not exclusive to the safeguards reports required to be disclosed as per the ADB Safeguard Policy Statement. Source: Asian Development Bank.

C. Evaluation

69. An ADB inception mission will be fielded within 3 months after the loan and project agreements for the project are declared effective; thereafter, regular reviews will follow at least annually. 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 the achievement of project objectives. Within 6 months of physical completion of the project, the MPWD will submit a project completion report to ADB.15

D. Reporting

70. The MPWD will provide ADB with (i) quarterly progress reports in a format consistent with ADB’s project performance reporting system, no later than 45 days after the end of each quarter. The quarterly progress reports should include the financial and disbursement report, variance analysis of physical and financial progress, details of utilization of funds and reconciliation with the ADB Loan Financial Information System (LFIS); (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.

15 Project completion report format is available at http://www.adb.org/Consulting/consultants-toolkits/PCR-Public- Sector-Landscape.rar.

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E. Stakeholder Communication Strategy

71. The project will follow ADB’s standard consultation and disclosure requirements and provide relevant information, including information from the safeguard documents, in a timely manner, in an accessible place, and in a form and languages understandable to all affected people and other stakeholders. If the affected people are illiterate, other appropriate communication methods must be used, such as direct verbal communications through one-on- one or other meetings, and grievance redress meetings. In addition, with the support of the resettlement implementation NGOs, the PMU will distribute leaflets outlining key project impacts and entitlements to affected persons, post the contact information about the grievance redress committee, conduct information sessions at the outset of project implementation, and follow up with consultation meetings to update road residents of civil work progress throughout the life of the project.

72. Salient information regarding the project, including scope, general progress status, beneficiaries, invitation for bid, and consultant recruitment notices, will be provided to the public. The information will be made available by the MPWD. The safeguard documents, i.e., initial environmental examination reports, including the EMP and the resettlement plans, and environmental and social monitoring reports, are posted on the ADB website.

73. Various information regarding the project—including scope, general progress status, beneficiaries, invitation for bids, and consultant recruitment notices—will be provided to the general public. The information will be made available and updated through the official MPWD website and ADB. ADB’s communication strategy is summarized in Table 15.

Table 15: Project Communication Strategy Means of Responsible Project Documents Communication Party Frequency Audience Project data sheet ADB website ADB Initial PDS no later than 30 General public calendar days from concept approval; quarterly updates afterward Design and monitoring ADB website ADB Draft DMF after fact-finding General public framework mission Initial environmental ADB website ADB Post fact-finding mission General public, examination report MPWD website PMU project-affected people in particular Resettlement plans ADB website ADB Post fact-finding mission General public, MPWD website PMU project-affected Panchayat offices people in particular Summary Poverty ADB website ADB Post fact-finding mission General public, Reduction and Social project-affected Strategy people in particular Legal agreements ADB website ADB No later than 14 days from General public Board approval of the project Project administration ADB website ADB After loan negotiations General public manual Social monitoring ADB website ADB Semi-annually General public, reports project-affected people in particular Environment ADB website ADB Semi-annually General public, monitoring report project-affected people in particular ADB = Asian Development Bank, DMF = design and monitoring framework, MPWD = Maharashtra Public Works 31

Department, PDS = project data sheet, PMU = project management unit. Source: Asian Development Bank.

X. ANTICORRUPTION POLICY

74. ADB reserves the right to investigate, directly or through its agents, any violations of the Anticorruption Policy relating to the project.16 All contracts financed by ADB shall include provisions specifying the right of ADB to audit and examine the records and accounts of the executing agency and all project contractors, suppliers, consultants, and other service providers. Individuals and/or entities on ADB’s anticorruption debarment list are ineligible to participate in ADB-financed activity and may not be awarded any contracts under the project.17

75. To support these efforts, relevant provisions are included in the loan agreement and the bidding documents for the project.

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.18

XII. RECORD OF CHANGES TO THE PROJECT ADMINISTRATION MANUAL

77. All revisions and/or 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 PAM, including revision to contract awards and disbursement s-curves.

16 Anticorruption Policy: http://www.adb.org/Documents/Policies/Anticorruption-Integrity/Policies-Strategies.pdf. 17 ADB’s Integrity Office website: http://www.adb.org/integrity/unit.asp. 18 Accountability Mechanism: http://www.adb.org/Accountability-Mechanism/default.asp.

Appendix A to PAM

DESIGN AND MONITORING FRAMEWORK

Impact the Project is Aligned with Connectivity between industrial areas, agricultural areas, administrative headquarters, and economic centers of Maharashtra enhanced (Road Development Plan 2001–2021)a

Data Sources and Performance Indicators with Reporting Results Chain Targets and Baselines Mechanisms Risks Outcome By 2025: Transport accessibility, a. Average daily vehicle-km a–e. Post- Significant efficiency, sustainability traveled on project roads in the implementation downturn in the and safety of the CRN in first full year of operation increased surveys endorsed by state economy Maharashtra improved to 3.5 million average vehicle-km MPWD may reduce the per day (2019 baseline: 2.9 million traffic on project average vehicle-km per day) roads. b. Average travel time on project roads reduced by at least 15% for motorized transport (2019 baseline: 1.8 minutes per km for motorized transport) c. Vehicle operating cost (economic) on project roads reduced by 10% for both cars and heavy vehicles (2019 baseline: ₹7.13 per km for cars and ₹23.95 per km for heavy vehicles). d. At least 450 km of state roads maintained at roughness index of 2,000 India Road Congress standard (2019 baseline: Roughness index of 3,000 India Road Congress standard) e. Average number of fatalities per year in road accidents on the project roads reduced by at least 5% (2019 baseline: 29 fatalities)

Outputs By 2024: 1a–c. Progress Increase in 1. State highways and 1a. About 25 km of major district reports endorsed by prices of major district roads of the roads and 425 km of state MPWD construction CRN upgraded and highways upgraded with climate materials maintained change adaptation features (2019 beyond baseline: 0) (TI 1.3.1) projections may 1b. Roads maintenance affect the total commenced using 5-year length of roads performance-based maintenance to be contracts for 450 km of roads constructed. (2019 baseline: Not applicable)

33 Appendix A to PAM

Data Sources and Performance Indicators with Reporting Results Chain Targets and Baselines Mechanisms Risks 1c. Road safety features friendly to elderly people, women, children, and people with disabilities installed at 50 appropriate locationsb (2019 baseline: 0) (TI 2.4.1) 2. Capacity in road safety By 2024: Insufficient and maintenance 2a. Maintenance planning 2a. Annual funding for road increased methodology for the project roads maintenance maintenance and other MPWD CRN roads program of MPWD reduces developed and adopted project’s

(2019 baseline: Not applicable) sustainability.

2b. Systemized approach for road 2b. Post- safety audits and engineering implementation interventions in road designs in progress report MPWD established and piloted for endorsed by MPWD 200km of state highways

(2019 baseline: Not applicable) 2c–e. Post- 2c. At least 100 eligible MPWD implementation project staff, including all women surveys by trainer or project staff, reported increased subject-matter knowledge in climate change and expert, endorsed by disaster resilient features MPWD applicable to road design (2019 baseline: Not applicable). (TI 2.5.2) 2d. At least 50 eligible MPWD project staff, including all women project staff, reported increased knowledge in technical capacity on road safety auditing (2019 baseline: Not applicable) 2e. At least 80% contractors’ personnel, including all women personnel, report increased awareness in road safety (2019 baseline: Not applicable)

Key Activities with Milestones 1. State highways and major district roads of the core road network upgraded and maintained 1.1 Procure civil works by Q1 2020 and complete construction by Q4 2023. 1.2 Award and mobilize authority engineer by Q1 2020. 2. Capacity in road safety and maintenance increased 2.1 Recruit consultants for road asset management program by Q3 2020. 2.2 Complete training for road safety and sexually transmitted infections by Q4 2020. 2.3 Deliver training on climate change and disaster-resilient features applicable to road design by Q1 2021. 2.4 Complete and pilot road safety audits by Q1 2023. 2.5 Deliver capacity building in road safety auditing by Q2 2023. 2.6 Commence road maintenance activities by Q4 2023. Inputs Appendix A to PAM 34

Asian Development Bank: $177 million (loan) Government: $78.99 million Assumptions for Partner Financing Not applicable CRN = core road network, km = kilometer, MPWD = Maharashtra Public Works Department, Q = quarter, TI = tracking indicator. Note: Contribution to the ADB Results Framework: TI 1.3.1: Infrastructure assets established or improved (25 km of major district roads and 425 km of state highways) TI 2.4.1: Time-saving or gender-responsive infrastructure assets and/or services established or improved (50 locations) TI 2.5.2: Gender-inclusive climate and disaster resilience capacity development initiatives implemented (20 women) a Government of Maharashtra, Public Works Department. 2012. Road Development Plan 2001–2021. Mumbai. b Road safety features include geometric improvements, safety and crash barriers, improved drainage, pavement markings, well-marked crossings, safety signage, and pedestrian walkways. Source: Asian Development Bank.

Appendix B to PAM PROCUREMENT PLAN

Basic Data Project Name: Maharashtra State Road Improvement Project Project Number: 52298-001 Approval Number: Country: India Executing Government of Maharashtra, Public Works Agency: Department Project Procurement Classification: Category A Implementing Agency: Project Management Unit in the Public Works Department Project Procurement Risk: Low Project Financing Amount: $253,970,000 Project Closing Date: 30 June 2025 ADB Financing: $177,000,000 Cofinancing (ADB Administered): Non-ADB Financing: $76,970,000 Date of First Procurement Plan: 27 February 2019 Date of this Procurement Plan: 11 October 2019 Procurement Plan Duration (in months): 18 Advance Contracting: e-GP: Yes Yes https://mahatenders.gov.in

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 For contract $100,000 and above Open Competitive Bidding (OCB) for Works No comments

Consulting Services Method Comments Quality- and Cost-Based Selection for Consulting Firm 90:10 Competitive for Individual Consultant No comments

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 Advertisement Package General Estimated Procurement Bidding Review Date Comments Number Description Value ($) Method Procedure (quarter/year) EPC 1 Improvement of 11,420,000.00 OCB Prior 1S2E Q2 / 2019 Advertising: National NH-66 to Kante Tulsani Devrukh No. of Contracts: 1 Road (SH 174) (0/00 to 23/500) Prequalification of and Chafe Bidders: No Ganpatipule Road (MDR 55) Domestic Preference (0/00 to 10/350) Applicable: No in Advance Contracting: Yes

Bidding Document: Large Works e-GP: Yes

Comments: Engineering, Procurement,

36 Appendix B to PAM

Construction Contract

EPC 2 Improvement of 14,570,000.00 OCB Prior 1S2E Q2 / 2019 Advertising: National Dabhole Shiposhi Korle No. of Contracts: 1 Vatul Road (SH 175) (0/00 to Prequalification of 28/100) and Bidders: No Hatiwale Jaitapur Road Domestic Preference (SH 170) (0/00 Applicable: No to 23/700) in Ratnagiri District Advance Contracting: Yes

Bidding Document: Large Works

e-GP: Yes

Comments: Engineering, Procurement, Construction Contract

EPC 3 Improvement of 26,350,000.00 OCB Prior 1S2E Q2 / 2019 Advertising: National Barshi Solapur Akkalkot No. of Contracts: 1 Dudhani Aland to State Border Prequalification of Road (1/400 to Bidders: No 63/300) (Part Barshi to Domestic Preference Solapur) SH 204 Applicable: No in Solapur District Advance Contracting: Yes

Bidding Document: Large Works

e-GP: Yes

Comments: Engineering, Procurement, Construction Contract

EPC 4 Improvement to 26,340,000.00 OCB Prior 1S2E Q2 / 2019 Advertising: National Daund Karmala Paranda Barshi No. of Contracts: 1 Osmanabad Road SH 68 Prequalification of (137/260 to Bidders: No 189/120) in Solapur District Domestic Preference Applicable: No

Advance Contracting: Yes

Bidding Document: Large Works

e-GP: Yes

Comments: Engineering, Procurement, Construction Contract

Appendix B to PAM 37

EPC 5 Improvement to 19,360,000.00 OCB Prior 1S2E Q2 / 2019 Advertising: National Shrirampur Vaijapur Risod No. of Contracts: 1 Washim Pusad Fulsavangi Prequalification of Mandvi Road Bidders: No (Section Washim to Domestic Preference Pusad) SH 51 Applicable: No (242/200 to 298/249) in Advance Contracting: Yavatmal and Yes Washim Districts Bidding Document: Large Works

e-GP: Yes

Comments: Engineering, Procurement, Construction Contract

EPC 6 Improvement to 24,600,000.00 OCB Prior 1S2E Q2 / 2019 Advertising: National Riddhapur Teosa Kurha No. of Contracts: 1 Anjansingi Dhamangaon Prequalification of Rly Devgaon Bidders: No Babhulgaon Road SH-300 Domestic Preference (40/600 to Applicable: No 108/00) and Dhamangaon Advance Contracting: Bypass Road Yes (0/00 to 5/400) TQ. Teosa in Bidding Document: Amravati and Large Works Yavatmal Districts. e-GP: Yes

Comments: Engineering, Procurement, Construction Contract

EPC 7 Improvement of 20,710,000.00 OCB Prior 1S2E Q2 / 2019 Advertising: National Valgaon Daryapur Akot No. of Contracts: 1 Road SH-47 (156/00 to Prequalification of 180/00) and Bidders: No Daryapur Amla Runmochan Domestic Preference Asara Road Applicable: No (MDR-21 and SH 301, Section Advance Contracting: Daryapur to Yes Asara) (0/00 to 17/500) in Bidding Document: Amravati District Large Works

e-GP: Yes

Comments: Engineering, Procurement, Construction Contract

38 Appendix B to PAM

EPC 8 Improvement of 25,630,000.00 OCB Prior 1S2E Q2 / 2019 Advertising: National Amravati Chandur Rly No. of Contracts: 1 Talegaon Road (SH-297) (32/00 Prequalification of to 49/155) and Bidders: No Riddhapur Lehegaon Ner Domestic Preference Pingalai Teosa Applicable: No Road (SH-300) (0/00 to 40/800) Advance Contracting: in Amravati Yes District Bidding Document: Large Works

e-GP: Yes

Comments: Engineering, Procurement, Construction Contract

EPC 9 Improvement to 14,330,000.00 OCB Prior 1S2E Q2 / 2019 Advertising: National Daund Karmala Parands Barshi No. of Contracts: 1 Osmanabad Road SH 68 Prequalification of (208/160 to Bidders: No 250/155) in Solapur District Domestic Preference Applicable: No

Advance Contracting: Yes

Bidding Document: Large Works

e-GP: Yes

Comments: Engineering, Procurement, Construction Contract

Consulting Services Advertisement Package General Estimated Selection Type of Review Date Comments Number Description Value (in US$) Method Proposal (quarter/year) AE 1 Authority 2, 550,000.00 QCBS Prior FTP Q1 / 2019 Type: Firm Engineer for Work Packages Assignment: Nos EPC 1-4 International/National and 9

Quality–Cost Ratio: 90:10

Advance Contracting: Yes

e-GP: No

Comments: The Authority Engineer will be engaged for

Appendix B to PAM 39

supervision of construction and maintenance activities for the listed packages AE 2 Authority 2,300,000.00 QCBS Prior FTP Q1 / 2019 Type: Firm Engineer for Work Package Assignment: Nos. EPC 5–8 International/National

Quality–Cost Ratio: 90:10

Advance Contracting: Yes

e-GP: No

Comments: The Authority Engineer will be engaged for supervision of construction and maintenance activities for the listed packages C 1 Project 4,720,000.00 QCBS Prior FTP Q1 / 2020 Type: Firm Management Services Assignment: International

Quality–Cost Ratio: 90:10

Advance Contracting: Yes

e-GP: No

e-GP = electronic government procurement, EPC = engineering, procurement, and construction, FTP = full technical proposal, MDR = major district road, NH = national highway, OCB = open competitive bidding, Q = quarter, QCBS = quality- and cost-based selection, SH = state highway.

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).

Goods and Works Package General Estimated Procurement Bidding Review Comments Number Description Value ($) Method Procedure None

Consulting Services Package General Estimated Selection Type of Review Comments Number Description Value ($) Method Proposal None

Appendix C to PAM

TERMS OF REFERENCE FOR CONSULTING SERVICES: AUTHORITY ENGINEER

I. AUTHORITY ENGINEER FOR PACKAGE 1

A. Background

1. The Government of India has applied for financial assistance from the Asian Development Bank (ADB) toward the cost of the proposed Maharashtra State Road Improvement Project with the primary objective of improvement of state highways / major district Roads, under Engineering Procurement and Construction (EPC) Contracts. Public Works Department, Maharashtra (MPWD or the Authority) will be Executing Agency (EA) for MSRIP.

B. Objective

2. The objective of the proposed consultancy services is to assist the MPWD to implement the project through:

(i) ensure high quality designs and construction of all works and project management; (ii) timely implementation of the project; (iii) proper management of civil works contracts as the “Engineer” (iv) compliance with the safeguards requirements of the contract and ADB’s Safeguards Policy Statements (2009); (v) generally meeting all contract requirements as per good engineering practices, the EPC Agreement, which conforms with applicable standards and technical specifications; and (vi) to train and build capacity in the Authority’s staff and designated Contractor’s staff.

3. These terms of reference are for the Authority Engineer Consultancy Package 1 (Ratnagiri and Solapur), which cover the roads as shown in Table 1.

Table 1: List of AE Package 1 Roads Estimated Estimated EPC Length duration of Package Road Name (km) servicesa EPC 1 Kante Tulsani Devrukh Road 0/0 to 23/500 (SH 174) 23.50 7 years EPC 1 Chafe Ganpatipule Road 0/0 to 10/350 (MDR 55) 10.35 7 years Dabhole Shiposhi Korle Vatul Road Km 0/0 to 28/100 7 years EPC 2 28.10 (SH175) EPC 2 Hatiwale Jaitapur Road 0/00 to 23/700 (SH170) 23.70 7 years Barshi Solapur Akkalkot Dudhani Aland 1/400 to 63/300 7 years EPC 3 61.90 (SH 204) Daund Karmala Paranda Barshi Osmanabad Road 7 years EPC 4 50.54 137/260 to 189/120 (SH68) Daund Karmala Paranda Barshi Osmanabad Road 7 years EPC 9 35.23 208/160 to 250/155 (SH 68) Total 233.32 km = kilometer, MDR = major district road, SH = state highway. a 24-month construction period and five-year operations and maintenance period. Source: Maharashtra Public Works Department.

Appendix C to PAM 41

4. The Authority Engineer will be appointed for a period of seven years under the provisions of this contract.

5. Interested engineering firms may submit their expression of interest for all the two packages. If the firm gets shortlisted for both packages, RFP will be issued for both packages to shortlisted firms. Firms can submit their bid for both eligible packages. However, a firm will be allotted maximum one package. This selection of package will be based on QCBS including assessment of Least Cost to the department under special circumstances i.e. When an AE with a particular team becomes most preferred bidder (H-1) in more than one package. Details of the assessment procedure will be provided in the RFP.

C. Scope of Services, Tasks, Components and Expected Deliverables

1. Scope and standards of performance

6. These Terms of Reference for the Authority Engineer (“AE”) relate to the EPC Agreement of the MSRIP project. The EPC Agreement will be awarded competitively by the MPWD or the Authority (“Authority’’) to the lowest evaluated bidder (subsequently referred to as “Contractor”), in accordance with the “Procurement regulations for ADB Borrowers: Goods, Works, Consulting and Non-consulting services (October 2017), as amended from time to time”.

7. In taking actions and making decisions, the AE shall be guided by professional values of project management, encompassing responsibility, respect, fairness and honesty. The AE shall exercise its responsibility by taking ownership for decisions made, actions taken and the consequences that may result. The AE’s decisions and actions shall be based on the best interests of the parties to the EPC Agreement, as well as public safety and social and environment safeguards. If necessary, the AE shall be ready to take ownership for errors and omissions, promptly communicate them to the affected parties and make corrections. The AE shall be fully familiar with and uphold the agreed policies, rules and the respective rights and obligations of the Authority and the Contractor under the EPC Agreement. The AE shall demonstrate respect by listening to and understanding the views of others, negotiating in good faith and not acting in an abusive and arbitrary manner. It shall always remain the duty of the AE to apply fairness through conduct which is conducive to consistent impartiality and objectivity. Transparency, truthfulness and avoidance and/ or disclosure of real or potential conflicts of interest shall complement the AE’s reputation for honesty.

2. General duties and functions

8. The AE shall be responsible for the review of designs prepared by the EPC Contractor, including drawings and specifications, superintendence of the EPC Contractor’s performance under the EPC Agreement, progress monitoring, technical and quality control, evaluations of construction, certification and completion of the works by the EPC Contractor, and duties related to taking over and the defects liability period. The AE shall be present at all times during the day- to-day implementation of the Design and Construction Periods and as required for the fulfilment of its assignment during the Operation and Maintenance Period.

9. Having been appointed by the Authority, in consultation with the EPC Contractor, and delegated specific authorities in the EPC agreement, the AE shall be fully responsible for superintendence of the EPC Contractor’s performance in all phases of the EPC agreement. The AE shall at all times, be adequately staffed, in terms of numbers and professional skills, to carry out its responsibilities with the competence and diligence required for this assignment.

42 Appendix C to PAM

10. The Authority Engineer may organize staff and activities as it wants, provided that it satisfies the requirements of these terms of reference and the contract between the Authority and the EPC Contractor. A list of essential “Key Professional Staff” as well as “Sub-professional Staff “is given in subsequent sections of these terms of reference. The AE should provide for adequate Non-Key (support) staff including administrative, accounts, and service staff to address the requirements of a project of this nature in an efficient and effective manner. For package number AE-1, the AE should set up his main office in Solapur city and camp office in Ratnagiri city.

11. The AE shall exercise the authority delegated to it by the Authority, within the parameters established in the EPC agreement. The following is a summary of the delegated authorities, roles and functions of the AE:

(i) Review of the Drawings (working and as built), Specifications and related Documents including detailed engineering and design documents, design and construction progress reports prepared by the EPC Contractor; (ii) (Review, inspection, and superintendence of the Construction Works including environmental management plan, resettlement action and Social safeguard plan, traffic management program, work zone safety plan and other special management programs as set forth in the EPC agreement; work with the EPC Contractor to ensure timely and on budget execution of the road works; (iii) Ensure the EPC Contractor’s fulfillment of his quality assurance plan by visual observation, random measurements and laboratory tests. Conducting tests and inspections on completion of construction and issuing Completion/ Provisional Completion Certificate as set forth in the EPC agreement; (iv) Co-ordination with stakeholders including, performing related duties and functions, as necessary for the EPC Contractor’s successful and timely completion of the Highway Project under the EPC agreement. (v) Certification of payments; (vi) Review, inspection and superintendence of O&M as set forth in the EPC agreement; (vii) Contract administration; (viii) Review, inspection and monitoring of divestment requirements as set forth in the EPC agreement; (ix) Assisting the Parties to the EPC agreement in resolving disputes, differences or controversies in accordance with the applicable provisions of the EPC agreement and Dispute Resolution Clause of the EPC agreement; (x) Determining the costs of any works or services and/or their reasonableness, as required under the EPC agreement; (xi) Determining the period or any extension thereof, for performing any duty or obligation as required under the EPC agreement; (xii) Reporting progress of the works on a monthly basis; (xiii) Cooperating with the third-party Quality Monitoring Team appointed by the Authority including the Engineers from the Vigilance and Quality Control circle of Public Works Department to carry out its tasks. (xiv) Undertaking all other duties and functions in accordance with the EPC agreement.

Appendix C to PAM 43

12. Delegation of AE duties: The AE may from time to time, assign duties and further delegate authority to Key Personnel and may also revoke such assignments and delegations. These assignments, delegations and revocations shall not take effect until they have been duly notified to the Authority and the EPC Contractor. Each Key expert shall only be authorized to issue instructions to the EPC Contractor to the extent defined in the notice of delegation. Any approval, instruction, notice, request or similar act by Key Personnel, in accordance with this delegation, shall have the same effect as though the act had been an act of the AE. The AE will appoint the “Senior Highway Engineer”, to act as Team Leader (TL) as mentioned in the contract documents, and who will reside full-time at the project site during construction. TL will interact with the designated Authority’s representative. The Team leader shall delegate some of his authority to other key experts, who will act as "the AE’s Representative" at the construction site supervision teams. Each supervision team will be composed of several professionals. The AE shall define in its technical proposal the number of supervision teams and the overall supervision approach for the project. The proposals shall describe how the AE will establish a mechanism, which will ensure coordination of the supervision teams, so that each team is all times fully aware of the remedies to problems used by the other teams. This will ensure that the full experience of the AE can be applied in all works.

13. Authority to amend the EPC agreement: the AE shall have no authority to amend, suspend or terminate the EPC agreement with regard to the EPC Contractor’s rights and obligations, without written instructions from the Authority.

14. Meetings with authority: The AE shall interact with the Authority’s designated officers and staff on a regular basis and attend the Authority’s monthly meeting to review the EPC Contractor’s progress during the preceding month. The AE shall make available its assistants and other key staff, as required for these monthly meetings. The issues discussed between The AE and the Authority shall be recorded in the minutes of the meeting and remain on the agenda of subsequent meetings, until they are fully resolved.

15. The AE shall chair monthly meetings with the EPC Contractor. During these meetings, formal minutes will be taken by the AE and distributed to the EPC Contractor and Authority.

16. Meetings with Asian Development Bank: The AE shall be available to attend meetings with Asian Development Bank missions during their visits to the Authority and on field trips.

17. Management of Information Systems: The AE shall make use of Management Information Systems (MIS) in carrying out its assignment and provide read-only remote access to its MIS records and reports to the Authority and the EPC Contractor. Confidential records and reports shall be exempted from this requirement for remote access to The AE’s MIS.

18. Record of Digitized inventory, drawings and specifications and other documents: Upon completion of its assignment, the AE shall obtain, sort and prepare a digitized inventory of all Drawings, Specifications, other Documents, test reports, certificates and similar records related in pursuit of the EPC agreement. The AE’s digitized inventory shall be turned over to the Authority for safekeeping.

19. Maintain the Deviation Report and send it monthly to the Authority and the EPC Contractor in a format as prescribed by Authority.

20. Maintain digital color photographs throughout the duration of the Contract for photographic record (available for inspection) of monthly progress at set locations, especially of any

44 Appendix C to PAM

construction of technical or contractual interest. Each photograph should be captioned with reference number, time, date, precise location, subject, and points of particular note. All digital data with captions should be stored on a digital record system;

21. The AE shall keep a daily log of the progress and issues on the construction sites.

22. The AE shall update all records that it collects on MRIP’s relevant platform.

D. Scope of Consulting Services

23. The scope of consulting services will include, but not necessarily be limited to the following:

24. The AE shall arrange training for the Authority’s staff (about 25 persons) including field visits to the on-going works under AE’s supervision to improve their ability to supervise and manage the road and bridge works and the environmental impacts of construction. The training module shall be finalized in consultation with the Authority.

1. Training structure

25. The training program shall comprise both classroom and on-the-job training. The proposal shall contain a detailed training program that is considered to be beneficial for developing capacity within MRIP staff (and some designated Contractor’s Staff). An outline of the training is provided below. However, the outline of the training is only a minimum requirement. AE can further develop on the outline to develop a robust program. The cost and expenses in relation to the training arrangements including venue arrangement, lunch/dinner, projector/sound/AV systems, stay for trainees shall be borne by the AE. For classroom training purposes, the location of the training shall be the location of PIU/PMU. For classroom trainings the trainees through their offices will meet the expenditure of travel, transportation and boarding charges. The AE will meet the expenditure of training venue, resource persons, training material etc., required for conducting the training. In case of on the job training, the cost of transportation for the trainees from base location to training location will be borne by the trainees themselves and the AE will meet boarding, lodging & food, local transportation to site etc.

26. Kindly note that the timelines for trainings shall be finalized in agreement with MPWD, however The AE shall ensure that the first round of trainings is scheduled immediately post letter of award and the next refresher session shall be held with 3 months of commencement date.

Part 1: Classroom training Details of Training Sl. Target skillset to Module Details Objective Time duration No. be developed 1 Operational Assessment The objective of the module The training will 2 trainings of 1 day and Contract is to provide the concerned enable personnel to each (may be Management personnel with the appreciate the role organised at a time Introduction knowledge of contract of contract in agreement with Objectives management and roles to management and PIU MSRIP) Introduction to Conditions be played by each party. have an of contract The focus should be on understanding of Role of EPC Contractor, what are the detailed roles; “how” part of Authority Engineer and specific tool/formats used in contract Employer monitoring of contract (KPI management.

Appendix C to PAM 45

Details of Training Sl. Target skillset to Module Details Objective Time duration No. be developed Contract management monitoring during both Introduction to construction and O&M Performance Indicators period); escalation triggers Analysing performance in case of non-performance; against KPIs issues in contract Contract management management, etc. Also, Value Testing methods international best practices Review like value testing in Tutorial operation period shall also be introduced. 2 PEM Module 3 – Project The objective of the module The training shall 1 day (may be Management will be to provide overview enable the organised at a time Introduction of project management and personnel to in agreement with Objectives governance in EPC appreciate the role PIU MSRIP) Principles of Project Contracts. The module shall of project Management also introduce relationship management and Principles of Good and trust-based approaches governance in Governance in EPC in governance. successful delivery Contracts of an EPC project. Introduction to project management tools Demonstration of Microsoft Project, Primavera Stakeholder Management Conclusion Review Tutorial Source: Maharashtra Public Works Department.

2. Part 2: On-the-job training

27. MSRIP shall identify trainees to work along-side Authority Engineer for a period of 5 days. The Authority Engineer shall develop an on-the-training programme for the trainees in discussion with PIU MSRIP and synchronised with the class-room training modules. The Authority Engineer shall review the trainees on their performance in on-the-job training and shall provide MPWD an understanding on what improvements are required for each trainee and in what direction.

3. Duties and functions during the Construction Period

28. Review of designs, drawings, specifications and construction methodology: During the Construction Period, the AE shall undertake a detailed review of the construction methodology together with Drawings, quality assurance procedures, the procurement, engineering construction time schedule and deviation in designs drawings and specification, if any, to be furnished by the EPC Contractor along with supporting data, including the geo-technical and hydrological investigations, characteristics of materials from borrow areas and quarry sites, mix designs, traffic operations and safety arrangements, traffic surveys, topographical/subsurface surveys and review of supplemental EIA/EMP for possible impact owing to design changes. This review shall verify that the safety measures specified in the EPC agreement are included in the detailed designs. The AE shall complete such review and send its comments/observations with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and

46 Appendix C to PAM

Standards defined in CA, to the Authority and the EPC Contractor within 15 (fifteen) days of receipt of such Drawings and Specifications. In particular, such comments/ observations shall specify the conformity or otherwise of such Drawings and Specifications with the EPC agreement.

29. After reconciling further comments received from the Authority and the EPC Contractor with its own, the AE shall make a final determination of its findings and advise the EPC Contractor accordingly. Subsequently, the AE shall review any modified Drawings, Specifications or supporting Documents sent to it by the EPC Contractor and shall give its clearance or observations if any within 7 (seven) days of receiving such modified Drawings, Specifications or Documents.

30. Construction safety and environmental management: The AE shall review the EPC Contractor’s Construction Zone Safety Checklist and Environment Management Plan (EMP) in accordance with the relevant requirements of the EPC agreement and furnish its comments thereon to the Authority and the EPC Contractor within 7 (seven) days of receiving such Checklist and EMP. The AE shall subsequently monitor the EPC Contractor’s compliance with the Traffic Management Plan, Construction Zone Safety Checklist, Environmental Management Plan, Social Safeguard Plan and if necessary, enforce the relevant provisions of the EPC agreement in this regard. In particular, the AE will confirm that the EPC Contractor’s management plan complies with the conditions of the EIA Clearance granted by the SEIAA or the NEIAA, as the EPC agreement se may be. In case of divergence of the plan from the conditions of the said Clearance, The AE shall bring the same to the attention of the Authority and the EPC Contractor.

31. Review of the EPC Contractor’s quality assurance procedures: The AE shall periodically review the EPC Contractor’s quality assurance procedures and furnish its comments to the Authority and the EPC Contractor within 15 (fifteen) days of receipt thereof. The AE shall subsequently monitor the EPC Contractor’s compliance with the quality assurance procedures.

32. Review of project agreements: Upon reference by the Authority, the Authority Engineer shall review and comment on the sub Contract or any other contract for construction, operation and maintenance of the Project Highway, proposals from the EPC Contractor or agreements entered by the EPC Contractor with any contractors on such works and furnish its comments within 7 (seven) days from receipt of such reference from the Authority.

33. Conducting Joint Measurements and reviewing costing proposed by EPC Contractor as and when required as per the provisions of EPC contract agreement including but not limited to aspects like change of scope, utility shifting, etc.

34. Quality and safety assurance: The duties and functions of the AE during the Construction Period shall be all- encompassing, including superintendence of the EPC Contractor’s performance of the Works on a day-to-day basis, particularly with regard to the deployment of labor, materials, equipment & standards of materials & workmanship and safety arrangements and environmental management in accordance with the EMP at the site. The AE shall have no authority to relieve the EPC Contractor of any of their duties under the EPC agreement or to impose additional obligations. The AE shall ensure the Resettlement Action and Social Safeguard Plan is implemented as designed and update the mitigation measures if required.

35. Quality testing: The AE shall provide sufficient staff to carry out inspections and tests in the field to the extent of a minimum of 25% of the 100 % EPC Contractor’s Requests for Inspection (RFI) pertaining to various items of works. The 25 % of representative RFIs have to be selected

Appendix C to PAM 47

in such a way by the AE that, those RFIs will fairly represent the quality and quantity of work being carried out. The AE shall either issue written clearances or require the EPC Contractor, within 7 (seven) days of such inspections, to rectify and remedy identified defects or deficiencies. Furthermore, with regard to pavement sub-base and bituminous courses, the AE shall field-check 100% of RFIs. The inspection procedures to be observed by the AE, the EPC Contractor, and the Authority shall be governed by the corresponding EPC contract requirements. The inspections, submission of such inspection reports and clearance of RFI by the AE shall not relieve or absolve the EPC Contractor of its obligations and liability. AE shall also have access to the EPC Contractor’s laboratory facilities for independent testing of materials. It may be noted that the AE shall have to additionally input and update the collected data on MRIP’s relevant platform.

36. Inspection report: At least, once a month, The AE shall summarize such inspections in its Inspection Report and submit to the Authority and the EPC Contractor setting forth an overview of the status, progress, quality and safety of construction including the work methodology adopted, the materials used and their sources, including development and rehabilitation and conformity of construction works with the scope of project and specification standards.

37. Rectification of defects and deficiency: In the event that the EPC Contractor is required to carry out any remedial works for removal or rectification of any defects or deficiencies, the AE shall require the EPC Contractor to prove through appropriate tests that such remedial works have brought the Works into conformity with the EPC agreement. The AE shall take all necessary measures to achieve closure of non-conformances through the EPC Contractor’s actions in the shortest possible time, but in no case later than Provisional Completion. The AE shall maintain complete records of all remedial works from their identification to rectification.

38. Review of achievement of milestones prescribed: In the event that the EPC Contractor fails to achieve any of the EPC agreement Milestones, the AE shall undertake a review of the progress of construction and identify the causes of delays, if any. If the AE determines that the rate of progress of the Works is not likely to achieve the EPC agreement Milestones, including the Construction Completion Date, it shall notify and require the EPC Contractor to indicate within 15 (fifteen) days of its notice to the EPC Contractor , the steps proposed to be taken to expedite progress, and the period within which the EPC agreement Milestones, including the Construction Completion Date shall be achieved. This notice to the EPC Contractor shall be copied to the Authority. Upon receipt of the EPC Contractor’s response, the AE shall review the steps proposed by the EPC Contractor and send its final determination concerning the likely achievement of the EPC agreement Milestones to the EPC Contractor and the Authority.

39. Review and monitoring of safety arrangements and suspension of works on safety reasons: If at any time during the Construction Period, the AE determines that the EPC Contractor has not made adequate arrangements for the safety of workers and users in the zone of construction or that any work is being carried out in a manner that threatens the safety of the workers and the users, it shall notify the EPC Contractor forthwith and may further recommend to the Authority that the whole or part of the Works be suspended for ensuring safety thereof. The Authority’s notice of suspension for reasons of safety shall be promptly communicated to the EPC Contractor and the AE. The suspension may be lifted by Authority only upon the AE’s determination and follow-up inspection that the conditions which caused the suspension have been removed or remedied sufficiently. In emergency cases the AE will take such actions and steps to ensure the safety pending clearance from the authority.

40. Review and monitoring of environmental arrangement and suspension of work on environmental reasons: If at any time during the construction period, the AE determines that

48 Appendix C to PAM

the environmental management measures are inadequate and can cause harm to the environment beyond permissible limits laid down in the EMP or the Clearance issued for the project, it shall notify the EPC Contractor forthwith and may recommend to the Authority that whole or part of the Work be suspended. The Authority’s notice of suspension for reasons of higher than allowable risk to the environment shall be promptly communicated to the EPC Contractor and the AE. The suspension may be lifted by Authority only upon the AE’s determination and follow-up inspection that the conditions which caused the suspension have been removed or remedied sufficiently. In emergency cases the AE will take such actions and steps to ensure avoidance or at least minimization of damage to the environment, pending clearance from the Authority.

41. Extension of time determination: If the Works are suspended by the Authority for reasons not attributable to the EPC Contractor , the AE shall determine any extension of dates set forth in the Construction Completion Schedule and compensation, if any, to which the EPC Contractor may be reasonably entitled. the AE shall notify Authority of its determination and the Authority shall extend the Construction Completion Schedule accordingly through notice to the EPC Contractor. When the reasons for the suspension have subsided and the Works can be resumed, the Authority shall lift the suspension though follow-up notice to the EPC Contractor, in coordination with the AE.

42. Tests to be carried out: The AE shall require the EPC Contractor to carry out, or cause to be carried out, all Tests specified in the related schedules of the EPC agreement, from time to time and in accordance with Good Industry Practice for quality assurance. The EPC Contractor shall carry out these tests in accordance with the instructions of the AE and furnish the test results to the AE. In the event that the results of any tests establish any defects or deficiencies in the Works, the AE shall require the EPC Contractor to carry out remedial measures and furnish a report to the AE in this regard. These AE’s functions related to tests shall be carried out and communicated to the Authority and the EPC Contractor in conformance with the related provisions of the EPC agreement.

43. Certification of lump-sum payments: The EPC Contractor shall submit requests for Lump Sum Payments to the AE, in accordance with the applicable requirements of the EPC agreement and the AE shall make fair and reasonable assessments of such payment requests and the associated documentation submitted by the EPC Contractor. The AE shall verify and certify the amount claimed in the EPC Contractor’s invoice, along with the necessary adjustments and recommend to the Authority for payment as provided in EPC agreement. The AE’s recommendations with regard to the EPC Contractor’s payment requests shall reach the Authority within 14 days from the date of such claim by the EPC Contractor after satisfactory fulfillment of conditions prescribed in the EPC agreement

44. Review of progress reports: The AE shall review the monthly progress report furnished by the EPC Contractor and provide its comments to the Authority and the EPC Contractor within 7 (seven) days of receipt of such report. The AE shall provide its concurrence in the EPC Contractor’s monthly progress report or its reservations, as the case may be, to the EPC Contractor and copy this communication to the Authority. If necessary, the AE shall require the EPC Contractor to submit additional information related to the monthly progress report.

45. Issue of completion and provisional completion certificate: Upon completion of the Works, as notified by the EPC Contractor and the successful completion all inspections and tests required by the EPC agreement, the AE shall issue to the EPC Contractor and the Authority the Completion Certificate set forth in the EPC agreement. At the Request of the EPC Contractor, the

Appendix C to PAM 49

AE may issue instead, the Provisional Certificate, also set forth in the EPC agreement. The Provisional Certificate may be used, when the Project Highway can be safely and reliably placed in commercial operation, even though certain parts of the Works are not yet fully completed. In such event, The AE shall append to its Provisional Certificate, a list of outstanding items and their agreed completion dates. This list, which is referred to in the EPC agreement as Punch List, shall be signed jointly by the EPC Contractor and the AE. In cases where certain parts of the Works are not yet completed due to delays in completion attributable to the Authority, the AE shall not withhold the Provisional Certificate.

46. Review of as built drawings: Within 90 (ninety) days of the Project Completion Date, the AE shall require the EPC Contractor to furnish the as-Built drawings in a manner acceptable to the Authority. The AE shall review the ‘As Built’ drawings for each component of the works prepared by the EPC Contractor and determine their acceptability under the terms of the EPC agreement. The AE shall communicate its determination to the Authority and the EPC Contractor. Additionally, within 90 days of each Project Milestones, the AE shall require the EPC Contractor to furnish the as-Built drawings in a manner acceptable to the Authority. The AE shall review the ‘As Built’ drawings for each component of the works prepared by the EPC Contractor and determine their acceptability under the terms of the EPC agreement. The AE shall communicate its determination to the Authority and the EPC Contractor within 60 days of receipt of drawings.

47. Maintenance Manual: Not later than 180 (one hundred and eighty) days prior to the completion of works, the AE shall require the EPC Contractor to submit a repair and maintenance manual (the “Maintenance Manual”) for the regular and preventive maintenance of the Project Highway in conformity with the Maintenance Requirements, Safety Requirements and Good Industry Practice. The Authority Engineer shall aid and advise the EPC Contractor in preparing the Maintenance Manual.

48. Determination of costs: Upon reference from the Authority, the Authority Engineer shall make a fair and reasonable assessment of the costs of providing information, works and services as set forth in EPC agreement and certify the reasonableness of such costs for payment by the Authority to the EPC Contractor.

4. Duties and functions during the Operation and Maintenance Period

49. Review of drawings, documents and reports: In respect of drawings, documents and report on compliance with Safety Requirements received by the AE for its review and comments during the operation period, the provisions in Para 3 shall apply mutatis mutandis.

50. Review of annual maintenance program: The AE shall review the annual Maintenance Program furnished by the EPC Contractor in conformance with the EPC agreement and convey its comments to the EPC Contractor within 15 (fifteen) days of its receipt with particular reference to its conformity with the Maintenance Requirements, Maintenance Manual and Safety Requirements as well as relevant provisions of the EMP for the Operation Phase, with copies to the Authority. In case of reservations with the initial annual Maintenance Program, The AE shall subsequently review the EPC Contractor’s follow-up response and communicate its final determination regarding the conformance of the annual Maintenance Program with the EPC agreement to the EPC Contractor, copied to the Authority.

51. Monthly progress report during O&M Period: The AE shall review the monthly progress report on Operation and Maintenance furnished by the EPC Contractor and provide its comments to the EPC Contractor within 7 (seven) days of its receipt, copied to the Authority. In case of

50 Appendix C to PAM

reservations with the initial monthly progress report on Operations and Maintenance, the AE shall subsequently review the EPC Contractor’s follow-up response and communicate its final determination regarding the conformance of the progress on Operations and Maintenance with the EPC agreement and the Maintenance Manual to the EPC Contractor , copied to the Authority.

52. Monitoring and maintenance works: During the Operation Period, the AE shall inspect the Project Highway once every month, preferably following receipt of the EPC Contractor’s monthly progress report on Operations and Maintenance. The AE shall provide the Authority and the EPC Contractor with its O&M Inspection Report within 7 (seven) days of its monthly inspection. The AE’s O&M Inspection Report shall cover an overview of the status, timeliness and quality of the EPC Contractor’s performance of the Operations and Maintenance requirements in conformance with the EPC agreement and the Maintenance Manual. The AE’s Inspection Report shall specify the remedial actions that are being taken or have been agreed but not yet taken by the EPC Contractor with regard to reported lapses, defects, deficiencies, etc. The AE’ s Inspection Report may also specify deadlines for remedial actions and additional tests and traffic survey to be carried out by the EPC Contractor for the purpose of assuring that the Project Highway remains in the condition that underlies the Operations and Maintenance obligations of the EPC Contractor in the EPC agreement. The AE may inspect the project highway more than once in a month, if any lapses, defects or deficiencies require such inspections.

53. Closure of lanes: The AE shall examine requests submitted by the EPC Contractor for closure of lanes of the carriageway for maintenance and repair purposes, as well as related modifications of the Highway. Within 3 (three) days of receiving such requests, the AE shall determine the reasonableness of the EPC Contractor’s request, including provisions for minimizing traffic disruptions, ascertain the views of the Authority on closures and disruptions and notify the EPC Contractor, copied to the Authority. In case of reservations with the EPC Contractor’s request, the AE shall subsequently review the EPC Contractor’s revised request and communicate its final determination regarding the reasonableness of the revised request to the EPC Contractor, copied to the Authority.

54. Payment during operation and maintenance period: The EPC Contractor shall submit requests for payments to the AE for first part of 5% after successful completion of three years of operation and maintenance period and second part of 5% after completion of Defect Liability period, in accordance with the applicable requirements of the EPC agreement and the AE shall make fair and reasonable assessments of such payment requests, including any bonus or reduction in payment based on the monthly progress report on Operations and Maintenance. The AE shall adjust the EPC Contractor’s invoice, as necessary and forward it with the associated documentation to the Authority for payment. While forwarding the invoice to the Authority, the AE may recommend payment in full or part thereof. The AE’s recommendation shall reach the Authority within 15 days of the receipt of request from the EPC contractor.

55. Repair/Rectification: In respect of any defect or deficiency referred to in EPC agreement, the Authority Engineer shall, in conformity with Good Industry Practice, specify the permissible limit of deviation or deterioration with reference to the Specifications and Standards and shall also specify the time limit for repair or rectification of any deviation or deterioration beyond the permissible limit.

56. Delay damages: The Authority Engineer shall determine if any delay has occurred in completion of repair or remedial works in accordance with the Agreement, and shall also determine the Damages, if any, payable by the EPC Contractor to the Authority for such delay.

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57. Periodic maintenance: The Authority Engineer shall determine the Major Maintech Completion Schedule and shall also issue a Periodic Maintenance Completion Certificate upon completion and inspection of Major Maintenance work, as specified under and in accordance with the provisions in the EPC agreement.

58. The Authority Engineer shall monitor and review the curing of defects and deficiencies by the EPC Contractor as set forth in EPC agreement.

59. The Authority Engineer shall undertake traffic survey, as and when required by the Authority, under and in accordance with EPC agreement.

60. The AE shall initiate necessary action to undertake the maintenance obligations of the EPC Contractor at risk and cost of the EPC Contractor in the event of its failure to carryout operations and maintenance, as per the provisions in the EPC agreement

61. The AE shall review the accident record of the highway and suggest remedial measures.

62. The AE shall submit the monthly progress report on operations and maintenance covering the maintenance requirements provided in EPC agreement.

5. Duties and Functions related to Divestment Requirements

63. Not earlier than 90 (ninety) days before Termination of the EPC agreement but not later than 15 (fifteen) days before the effective date of such Termination and the initiation of the EPC Contractor’s Divestment Requirements, The AE shall verify, after giving notice to the EPC Contractor of the time, date and venue of such verification, compliance by the EPC Contractor with the Maintenance Requirements, and if required, cause appropriate tests to be carried out at the EPC Contractor’s costs for this purpose. If the AE determines that the status of the Highway requires repairs and other rectifications, in order to meet the Divestment Requirements, the AE shall assess the amount to be set aside for these repairs and rectifications and communicate its determination forthwith to the Authority and the EPC Contractor. The source of funds to cover the amount to be set aside and the method of retention shall be agreed between the Authority and the EPC Contractor, based on the AE’s determination.

64. The Authority Engineer shall ensure that all materials, tools, plant, equipment, facilities, etc., which have to be handed over to the Authority upon termination of EPC agreement. These are properly dismantled, packed, stored and maintained until the official handing over to the Authority as provided in the EPC agreement.

65. The Authority Engineer shall inspect the Project Highway once in every 15 (fifteen) days during a period of 120 (one twenty) days after Termination for determining the liability of the EPC Contractor under EPC agreement, in respect of the defects or deficiencies specified therein. If any such defect or deficiency is found by the Authority Engineer, it shall make a report in reasonable detail and send it forthwith to the Authority and the EPC Contractor.

6. Determination of costs and time

66. The Authority Engineer shall determine the costs, and/or their reasonableness, that are required to be determined by it under the EPC agreement.

7. Duties and functions related to dispute resolution

52 Appendix C to PAM

67. In the event of any disagreement between the EPC Contractor and the Authority regarding any provision of the EPC agreement or issues of Good Industry Practice, The AE shall determine and communicate to them its independent interpretation of such provisions and issues and the parties shall take the AE’s interpretation into account in settling their disagreement.

68. When called upon by either the EPC Contractor or the Authority or both to mediate and assist them in arriving at an amicable settlement of any dispute under the EPC agreement, The AE shall make itself available and use its best efforts to accommodate their mediation request and reach an amicable settlement.

69. If a dispute arises between the EPC Contractor and the Authority in connection with any certificate, determination, instruction, opinion or valuation of the AE, either of them may refer the dispute to the Dispute Review Board, as provided in the EPC agreement. In such event, the AE shall cooperate with requests from the Dispute Review Board for additional information and meetings. The party referring the dispute to the Dispute Review Board shall notify the other party and the AE.

8. Miscellaneous

70. A copy of all communications, comments, instructions, Drawings or Documents sent by the Authority Engineer to the EPC Contractor pursuant to this TOR, and a copy of all the test results with comments of the Authority Engineer thereon shall be furnished by the Authority Engineer to the Authority forthwith.

71. The Authority Engineer shall obtain, and the EPC Contractor shall furnish in two copies thereof, all communications and reports required to be submitted, under this Agreement, by the EPC Contractor to the Authority Engineer, whereupon the Authority Engineer shall send one of the copies to the Authority along with its comments thereon.

72. The Authority Engineer shall retain at least one copy each of all Drawings and Documents received by it, including ‘as-built’ Drawings, and keep them in its safe custody.

73. Upon completion of its assignment hereunder, the Authority Engineer shall duly classify and list all Drawings, Documents, results of tests and other relevant records, and hand them over to the Authority or such other person as the Authority may specify and obtain written receipt thereof. Two copies of the said documents shall also be furnished in microfilm form or in such other medium as may be acceptable to the Authority.

74. The AE shall assist the Authority and the EPC Contractor in utility shifting, land acquisition and rehabilitation & resettlement issues which will affect the progress of works.

75. The AE shall assist the Authority during the Dispute Board meetings, Arbitration proceedings and any other hearing held by the statutory/legal body.

76. The AE will ensure effective coordination with the railways supervising staff during the construction of ROB/RUB and advise the Authority regarding the status of ROB/RUB construction.

E. Expected Inputs

77. The suggested composition and associated time inputs for the AE team are given in Table 2.

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Table 2: Construction supervision consultant staffing requirements Sl. Number of Person months No Position persons Construction Operations Total I Key national experts 1 Team Leader and Senior 1 24 5 29 highway engineer 2 Resident highway engineer 2 24 5 58 3 Senior bridge/ structural 1 10 0 10 engineer 4 Highway design engineer 2 15 0 30 5 Bridge design engineer 2 12 0 24 6 Geotechnical engineer 2 3 0 6 7 Senior pavement expert 2 11 3 28 8 Senior quality/ material expert 1 24 3 27 9 Traffic and safety expert 1 11 1 12 10 Environmental expert 1 12 1 13 11 Social and gender expert 1 12 1 13 12 Financial expert 1 2 1 3 13 Contract expert 1 3 0 3 14 Legal expert 1 4 2 6 Total person-months 19 262 (key experts) II Non-key national experts 15 Survey engineer 7 12 5 119 16 Assistant highway engineers 7 12 5 119 17 CAD expert 7 12 5 34 18 Assistant bridge engineer 2 24 5 58 19 Environment/ safety officer 1 12 5 17 20 Social and gender officer 1 12 5 17 21 Quality assistant/ material 7 12 5 119 engineer 22 Quantity surveyor 7 12 5 85 23 Horticulture and landscaping 1 12 5 17 expert 24 Surveyors 7 24 5 203 25 Laboratory technician 7 24 5 203 Total person-months 1,025 (non-key national experts) Total person-months (key and 1,287 non-key international and national experts) CAD = computer-aided design. Source: Maharashtra Public Works Department

78. The above person-months in specified categories are compulsory and the AE may decide upon additional requirement based on the scope of work. Other inputs like support staff such as administrative, accounts, and assistants shall also be provided by the AE, of an acceptable type, and commensurate with the roles and responsibilities of each position to efficiently and effectively perform the services.

79. Key experts curriculum vitae (CV) (positions 1–14) will be evaluated. All non-key experts (positions 15-25) will not be evaluated but should be submitted for approval of the client before mobilization. Position-based tasks/responsibility assignments are provided below.

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F. Task and Qualification Requirements of Experts

80. Team Leader & Senior Highway Engineer (TL). This is the senior most position and the expert engaged as the team leader shall be responsible for reviewing the entire Project preparation and implementation activities of the EPC Contractor. The Expert shall check all the Designs being prepared by the EPC Contractor, ensure execution of works on site as per specification and standards, and continuously interact with the Authority and the Contractor. The Expert shall undertake Project site visits and shall guide, supervise, coordinate and monitor the work of other experts in his team as well as those of the Contractor. The Expert is responsible for day to day supervision of works for implementing the project in accordance of EPC agreement and report non compliances to both EPC Contractor and Authority. Responsible for certifying the payments and help in resolving the disputes between EPC Contractor and Authority. The candidate should have a proven record of supervising, organizing and managing of Project preparation and construction of highway projects of large magnitudes, as defined below, financed by international lending agencies and others. Knowledge of Project management shall be an added advantage.

81. Qualifications and Experience:

(i) Minimum Post Graduate Degree in Civil, Highway, or Transportation Engineering or equivalent from a recognized University. (ii) Minimum total Professional Experience of 20 years including at least 5 years of experience in Highway Development in EPC, Annuity, or PPP Projects. (iii) He/she should have handled the assignments as Team Leader/ Deputy Team Leader or similar capacity of at least three construction supervision consultancy works or Authority Engineer consultancy works of highways of EPC, Annuity, or PPP projects involving 300 lane-kilometers or Projects costing more than Rs. 4,500 million. (iv) Experience should include at least 3 years on similar projects in developing countries, including in Asia. (v) Experience in preparation of DPRs of highway projects of projects involving 150 lane-kilometers or Projects costing more than Rs. 2,250 million. (vi) Knowledge of design of pavement. (vii) Expertise shall include computer aided design methods for Civil/Highway Engineering with particular reference to CAD application to the geometric design for highway rehabilitation and/or upgrading projects. (viii) Knowledge of international ‘best practices’ in latest conditions of contract, construction, contract management and modern highway construction technology. (ix) Experience in Operation and Maintenance of Major Highway Projects. (x) Experience in contract dispute management. (xi) He/she should also be familiar with implementation aspects of safety, Environmental Management Plans, Social Safeguard plans and gender action plans. (xii) Experience of multilateral/bilateral agency aided projects will be given higher preference.

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(xiii) Experience less than one year in any project will not be considered in determining the experience in number of projects. (xiv) Similar Capacity includes the following positions: • On behalf of Consultant: Team Leader/Resident Engineer (Construction Supervision/IE/AE/DPR). • On behalf of Contractor: Project Manager (Construction/Construction Supervision). • In Government Organizations: Superintending Engineer (or equivalent) and above.

82. Resident Highway Engineer. The Expert shall check all the Designs being prepared by the EPC Contractor, ensure execution of works on site as per specification and standards, and continuously interact with the Authority and the Contractor. The Expert shall undertake Project site visits and shall guide, supervise, coordinate and monitor the work of other experts in his team as well as those of the Contractor. The Expert is responsible for day to day supervision of works for implementing the project in accordance of EPC contract agreement and report non compliances to both EPC Contractor and Authority. The candidate should have a proven record of supervising, organizing and managing of Project preparation and construction of highway projects of large magnitudes, as defined below, financed by international lending agencies and others. Knowledge of project management shall be an added advantage.

83. Qualifications and Experience:

(i) Minimum Post Graduate Degree in Civil, Highway, or Transportation Engineering or equivalent from a recognized University. (ii) Minimum total Professional Experience of 15 years, including at least 2 years of experience in Highway Development in EPC, Annuity, or PPP Projects. (iii) He/she should have handled the assignments as Team Leader/ Deputy Team Leader or similar capacity of at least one construction supervision consultancy works and one Authority Engineer consultancy works of highways of EPC, Annuity, or PPP projects involving 150 lane-kilometers or Projects costing more than Rs.2,250 million. (iv) His/her experience should include at least 3 years on similar projects in developing countries, including in Asia. (v) Experience in preparation of DPRs of highway projects of projects involving 150 lane-kilometers or Projects costing more than Rs. 2,250 million. (vi) Knowledge of international ‘best practices’ in latest conditions of contract, construction, contract management and modern highway construction technology. (vii) Experience in Operation and Maintenance of Major Highway Projects. (viii) Experience in contract dispute management. (ix) He/she should also be familiar with implementation aspects of safety, Environmental Management Plans, Social Safeguard plans. (x) Experience of multilateral/bilateral agency aided projects will be given higher preference.

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(xi) Experience less than one year in any project will not be considered in determining the experience in number of projects. (xii) Similar Capacity includes the following positions: • On behalf of Consultant: Resident Highway Engineer (Construction Supervision/IE/AE/DPR). • In Government Organizations: Executive Engineer (or equivalent) and above

84. Senior Bridge Design Engineer. The Senior Bridge Design Engineer/ Senior Structural Engineer shall be responsible for checking the designs of bridges, culverts, ROBs, interchanges and any other structure to be constructed in the project highway, guiding the field supervision teams in checking of reinforcement/cable laying operations, rectifying any apparent mistakes in respect of them, checking and controlling the proper mix designs, checking the adequacy of proper form-work, laying/compacting of concrete including curing operations. For this purpose, The Expert will work in close coordination with the Senior Material Expert and the Contract Management Specialist to effectively control the quality of execution. The Expert will be responsible for minor modifications in design of bridges/culverts, wherever required during execution. The Expert shall also review the rehabilitation measures to be proposed by the EPC Contractor for existing structures based on site condition and structural requirement basis. His/her expertise shall include computer aided design methods for Civil/Structural Engineering with particular reference to Structural design.

85. Qualifications and Experience:

(i) Minimum Graduate in Civil Engineering. Preferably, Post Graduate Degree in Structural Engineering from a recognized University. (ii) Minimum Professional Experience of 15 years with 8 years out of total 15 years’ experience in similar capacity of Senior Bridge Design Engineer / Senior Structural Engineer for design of major highway bridges. (iii) Experience designing of 4 major Highway Bridges or flyovers having length more than 200m. (iv) At least 4 years’ experience in rehabilitation/repair/ maintenance of bridges. (v) Experience in innovative methods of construction of Bridges (pre-cast segmental, cantilever construction, cable stayed Bridge, suspension bridges etc.), bridge design methods and standards, bridge design with use of computer aided software, technical specifications and statistical quality control/assurance procedures for construction of different component of bridges. (vi) Experience as Senior Bridge Design Engineer / Senior Structural Engineer on a construction project in developing countries will be an added qualification. (vii) Similar Capacity includes the following positions: • On behalf of Consultant: Senior Bridge Engineer (Construction Supervision/IE/AE/DPR). • In Government Organizations: Executive Engineer (or equivalent) and above.

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86. Highway Design Engineer. The Highway Design Engineer shall be responsible for the review of highway designs and drawings using sophisticated computer software and also construction and operations and maintenance works. His/her expertise shall include computer aided design (CAD) methods for Civil/Highway Engineering with particular reference to CAD application to the geometric design for highway rehabilitation and/or upgrading projects.

87. Qualifications and Experience:

(i) Minimum Graduate in Civil Engineering. Preferably, Post Graduate Degree in Highway or Transportation Engineering from a recognized University. (ii) Professional Experience of 15 years in highway works. (iii) Experience of at least 8years (out of total 15 years) in Highway Designing works. (iv) He/she should have handled as Highway Design Engineer at least 2 Projects of major two-laning/ four-laning/ six-laning Highway projects. (v) Exposure to Computer Software Programs for Design of Highways. (vi) Experience in at least two Highway Projects having a length not less than 150 lane kilometers equivalent on PPP / EPC Mode. (vii) Experience in developed countries would be preferred. (viii) Experience in projects served less than six months will not be considered. (ix) Similar capacity includes the following positions: • On behalf of Consultant: Highway Design Engineer (Construction Supervision/IE/AE/DPR). • In Government Organizations: Executive Engineer (or equivalent) and above.

88. Bridge Design Engineer. The Bridge Design Engineer shall be responsible for assisting in checking the designs of bridges, culverts, ROBs, interchanges and any other structure to be constructed in the Project highway, guiding the field supervision teams in checking of reinforcement/cable laying operations, rectifying any apparent mistakes in respect of them, checking and controlling the proper mix designs, checking the adequacy of proper form-work, laying/compacting of concrete including curing operations. The Expert shall also review the rehabilitation measures to be proposed by the EPC Contractor for existing structures based on site condition and structural requirement basis. His/her expertise shall include computer aided design methods for civil/structural Engineering with particular reference to structural design.

89. Qualifications and Experience:

(i) Minimum Graduate in Civil Engineering. Preferably, Post Graduate Degree in Structural Engineering from a recognized University. (ii) Minimum Professional Experience of 15 years. (iii) 4 years out of total 8 years’ experience in similar capacity of Bridge Design Engineer / Structural Engineer for design of major highway bridges. (iv) Experience designing 4 major Highway Bridges or flyovers having length more than 200m. (v) At least 4 years’ experience in rehabilitation/repair/ maintenance of bridges.

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(vi) Experience in innovative methods of construction of Bridges (pre-cast segmental, cantilever construction, cable stayed bridge, suspension bridges etc.), bridge design methods and standards, bridge design with use of computer aided software, technical specifications and statistical quality control/assurance procedures for construction of different component of bridges. (vii) His/her experience as bridge design engineer / structural engineer on a construction project in developing countries will be an added qualification. (viii) Similar capacity includes the following positions: • On behalf of Consultant: Senior Bridge Engineer (Construction Supervision/IE/AE/DPR). • In Government Organizations: Executive Engineer (or equivalent) and above.

90. Geotechnical Engineer. The Expert shall be continuously interacting with the EPC Contractor, to ensure planning, monitoring and coordinating of geotechnical and hydraulic investigations for the bridges and interpreting the findings thereof as per the standards and Specifications of EPC contract agreement.

91. Qualifications and Experience:

(i) Minimum Graduate in Civil Engineering from a recognized University and Post Graduate Degree in Geotechnical Engineering. (ii) Total Professional Experience of 15 years in Design/ Construction/ Maintenance of Highways. (iii) Out of 15 years, experience of 5 years in similar capacity as Geotechnical Engineer in construction supervision consultancy or Authority Engineer for the projects having a minimum 150 lane kilometers or equivalent highway projects. (iv) Experience as Pavement / Geotechnical Engineer in construction supervision consultancy or Authority Engineer for at least 2 major highway projects. (v) Experience in DPR preparation is an added advantage. (vi) Experience in soil exploration for structure foundations and for high embankments; (vii) Similar capacity includes the following positions: • On behalf of Consultant: Geotechnical Engineer (Construction Supervision/IE/AE/DPR). • In Government Organizations: Executive Engineer (or equivalent) and above.

92. Senior Pavement Expert: The expert shall be continuously interacting with the EPC Contractor, to ensure life cycle cost effectiveness and viable design of pavement as per the standards and Specifications of EPC contract agreement. The Expert is responsible for day to day supervision of works of pavement to ensure implementation of project as per the EPC contract agreement and report noncompliance to TL if any. The Expert shall also be responsible for ensuring complete adherence to maintenance standards during Construction and Operations periods. Thus, the position requires a pavement specialist with thorough knowledge and understanding of international ‘best practices’ in the field of Design, Construction and maintenance of flexible type of pavements including latest code stipulations and specifications.

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93. Qualifications and Experience:

(i) Minimum Graduate in Civil Engineering from a recognized University and Post Graduate Degree in Geotechnical Engineering. (ii) Total Professional Experience of 15 years in Design/ Construction/ Maintenance of Highways. (iii) Out of 15 years, experience of 5 years in similar capacity as Geotechnical Engineer in construction supervision consultancy or Authority Engineer for projects having a minimum 150 lane kilometers or equivalent highway projects. (iv) Experience as Pavement/ Geotechnical Engineer in construction supervision consultancy or Authority Engineer for at least 2 major highway projects. (v) Experience in DPR preparation is an added advantage. (vi) Experience in soil exploration for structure foundations and for high embankments; (vii) Similar capacity includes the following positions: • On behalf of Consultant: Senior Pavement Expert (Construction Supervision/IE/AE/DPR). • In Government Organizations: Executive Engineer (or equivalent) and above.

94. Senior Quality/ Material Expert: The Senior Quality/Material Expert is responsible for monitoring and supervising works for compliance to quality standards and reporting noncompliance to the TL if any. The Expert shall establish the standards and procedures for monitoring of quality works. The Expert shall review the test results of bore holes, quarry and borrow area material to find out their strength characteristics and suitability for using them in construction. The Expert shall inspect the EPC Contractor’s field laboratories to ensure that they are adequately equipped and capable of performing all the specified testing requirements of the contract. The Expert shall review the quality assurance aspect of the construction works and supervise the setting-up of the various EPC Contractor’s rock crushers and bituminous mixing plants to ensure that the specified requirements for such equipment are fully met.

95. Qualifications and Experience:

(i) Minimum Graduate in Civil Engineering from a recognized University. Post Graduate Degree in Geotechnical Engineering/ Foundation Engineering/ Soil Mechanics is preferable. (ii) Total Professional Experience of 15 years, out of which at least 5 years as Senior Quality/ Material Expert or in similar capacity in Construction Supervision consultancy works or Authority Engineer Works of major highway projects. (iii) Experience as Senior Quality/ Material Expert or in similar capacity handling at least two similar highway projects. (iv) Exposure to quality assurance programs in highway projects using modern technology. (v) The candidate should have demonstrated capability of supervising the setting up, organization and layout of the various EPC Contractor field laboratories, monitoring the mobilization of the testing equipment to ensure that the laboratories are adequately equipped and capable of performing all the specified testing

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requirements of the contracts, and supervising the setting up of the various EPC Contractor rock crushers and bituminous mixing plants to ensure that the specified requirements for such equipment are fully met. The candidate should have at least three years of experience in flexible pavement and bituminous mix designs. (vi) The candidate must be familiar with properties of road construction materials, technical specifications and procedures of material tests and testing equipment and should have past experience in working on road projects running on expansive soils. (vii) Experience as a Senior Quality/ Material Expert in EPC, Annuity, or PPP projects is preferred. (viii) Project experience less than one year in any project will not be considered in determining the experience in number of projects. (ix) Similar capacity includes the following positions • On behalf of Consultant: Senior Quality cum Material Expert (Construction Supervision/IE/AE/DPR). • In Government Organizations: Executive Engineer (or equivalent) and above.

96. Traffic & Safety Expert: The Traffic & Safety Expert shall review and check the traffic analysis, projection, and assignment exercises to be carried out by the Contractor. The Expert shall also review/design of intersections and interchanges, scheme for traffic management during construction period. The Expert shall also study and comment on safety audit report/ traffic management & safety plans prepared by the EPC Contractor. The Expert shall review and approve all the safety measures taken by the EPC Contractor during the execution period at site. Conformity to the safety requirement as per EPC Contract Agreement requirements and shall be checked and approved. This shall cover all the temporary structures, overhead launching girders, cranes, transverse gantries, equipment at pre-casting yard and at site, jack pushing operations of underpasses and level of awareness/training of site staff of Contractor. The Expert will also be responsible for reviewing all temporary works/ staging along with the structural/ bridge engineer from the safety point of view. The safety Expert will guide the field supervision teams and the EPC Contractor’s site officers in complying with adequate construction safety standards in worksites, plant sites and quarry locations (if quarries are independently operated by the EPC Contractors) and will undertake hands-on-training programs and conduct mock safety drills as required from time to time. The Expert will be coordinating and controlling, through the Team Leader’s office, all construction safety issues with the road safety consultant deployed by the authority and will be responsible for reporting and following up on construction safety issues/ lapses as appropriate. The Expert shall also review the various accidents and other insurance converges taken by the Contractor. The Expert shall report non compliances to TL immediately for taking immediate contractual remedies.

97. Qualifications and Experiences:

(i) Minimum Graduate in Civil Engineering from recognized University. Post graduate degree in Traffic /Transportation Engineering/Transport Planning is preferred. (ii) OSHAS certification will be preferred. (iii) With total Professional Experience of 15 years, out of which 5 years’ experience shall be as Traffic & Safety Expert on Major Highway of similar nature.

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(iv) Worked as Traffic & Transport Expert in at least two similar projects in similar capacity. (v) Experience in Road Safety Audit of at least 2 highway projects of similar complexity of projects having a minimum 150 lane kilometers or equivalent including 1 at design stage. (vi) International Exposure in the field of Road Safety Management Plan and experience in working with external aided projects is preferred. (vii) Experience with Road Safety Aspects and traffic management during various phases i.e. pre-construction, design/development/ construction stage, safety audit and studies of Highway Projects. (viii) Experience as a Traffic and Transportation Expert in EPC, Annuity, or PPP project and experience in external aided project is preferred. (ix) Project experience less than one year in any project will not be considered in determining the experience in number of projects. (x) Similar capacity includes the following positions: • On behalf of Consultant: Traffic and Safety Expert (Construction Supervision/IE/AE/DPR). • In Government Organizations: Executive Engineer (or equivalent) and above.

98. Environmental Expert: The Expert shall develop, organize and deliver environmental training programs and workshops for the staff of the Environmental Management Project Implementation Unit (EMPIU), PWD, EPC Contractor, Site Supervision Engineers and the PIU. Review the EPC Contractor’s Environmental Management Plan (EMP) in accordance with the relevant requirements of ADB’s Safeguards Policy Statement 2009 and Loan and Project Agreements. Supervise the implementation of the EMP by the EPC Contractor. Hold regular meetings with the EMPIU and Social Development and Resettlement Cell (SDRC) to exchange information on the issues emerging while implementing the EMP, forestry, and wildlife matters. Develop good practice construction guidelines to assist the EPC Contractor in implementing the EMP. Assist EMPIU and Environmental Monitoring consultants for periodic Environmental Monitoring (air, noise, water, etc.). Assist EMPIU to prepare and submit regular environmental monitoring and implementation progress reports. Assist EMPIU to prepare good practice dissemination notes based on the experience gained from site supervision.

99. Qualifications and Experience:

(i) Minimum Post Graduate degree in Environmental Engineering/Environmental Planning/Environmental Sciences from a recognized university. (ii) Professional experience of 15 years in environmental aspects of highway projects e.g. Environmental Impact Assessment, etc. (iii) Experience in implementation of EMP in externally aided projects such as World Bank or ADB is essential. (iv) The Expert should have adequate experience in implementing EMPs and organizing training for EPC Contractors and Authority staff.

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(v) The Expert should be familiar with requisite procedures involved in obtaining Environmental & Forest clearances for project roads passing through reserve forests, national parks or sanctuaries etc. (vi) In the capacity of Environmental Engineer, the Expert should have handled at least 2 projects of similar size and complexity. (vii) The Expert should have good knowledge of MOEF guidelines/requirements for mitigation measures. (viii) Project experience less than one year in any project will not be considered in determining the experience in number of projects.

100. Social and gender Expert: The Expert shall develop, organize and deliver social training programs and workshops for the staff of the PWD, Contractor, Site Supervision Engineers and the PIU. Review the Resettlement Plan in accordance with the relevant requirements of ADB’s Safeguards Policy Statement 2009 and Loan and Project Agreements. Review and assist work at site, duly liaising between contractor’s staff and PIU, to monitor and review social and gender issues. Hold regular meetings with the Social Development and Resettlement Cell (SDRC) to exchange information on the issues in implementing the contracts. Assist PIU to prepare and submit regular social monitoring and implementation progress reports. Assist PIU to prepare good practice dissemination notes based on the experience gained from site supervision.

101. Qualifications and Experiences:

(i) Minimum Post Graduate degree in Social Sciences or related disciplines from a recognized university. (ii) Professional Experience of 10 years in social aspects of transportation projects e.g. SIA, RPs, etc. (iii) Experience in implementation of RP in externally aided projects such as World Bank or ADB is essential. (iv) The Expert should have adequate experience in implementing RPs, implementation of gender action plans, community consultations, awareness programs and organizing training to Contractor and Authorities staff. (v) In the capacity of Social Expert, The Expert should have handled at least 2 projects of similar size and complexity (vi) The Project experience less than one year in any project will not be considered in determining the experience in number of projects.

102. Financial Expert. The Expert is responsible for verifying the financial model, package and other financial instruments submitted by the EPC Contractor with any noncompliance to be reported to the TL. The Expert shall assist the TL in financial issues involved in the EPC Contract Agreement.

103. Qualifications and Experiences:

(i) The candidate shall have a minimum qualification of MBA (Finance)/ Chartered Accountant. (ii) Minimum 5 years’ experience as a Financial Advisor particularly in the field of project financing.

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(iii) Working experience in the at least two Annuity, or PPP projects in similar capacity projects of size and complexity. (iv) Advisory experience in the field of transportation project would be desirable.

104. Contract Expert: The Expert is responsible for reviewing the financial and legal agreements furnished by the EPC Contractor. Any non-conformities and contradictions with the EPC Contract agreement are required to be reviewed and brought to the notice of the Authority and contractor through Team leader. The expert shall be available for giving opinions on all contractual issues raised in administering the EPC Contract agreement.

105. Qualifications and Experiences:

(i) Minimum Graduate in Civil Engineering from recognized University or L.L.B from a recognized University. (ii) Lawyer or Engineer with over 8 years’ experience in contracts and financial documentation related to project financing. (iii) Working experience in at least two Annuity, PPP projects in similar capacity of reviewing the Contract documents and Project Finance agreements. (iv) Involved in implementation of EPC contract agreements and review of financial and other legal agreements furnished by the EPC Contractor. (v) Advisory experience in transportation would be desirable.

106. Legal Expert: The Expert is responsible for reviewing the financial and legal agreements furnished by the EPC Contractor. Any non-conformities and contradictions with the EPC Contract agreement are required to be reviewed and brought to the notice of the Authority and Contractor through the Team leader. The expert shall be available for giving opinions on all legal issues raised in administering the EPC Contract agreement.

107. Qualifications and Experiences:

(i) Minimum L.L.B from a recognized University. (ii) Practicing Lawyer with over 8 years’ experience in contracts and financial documentation related to project financing. (iii) Working experience in at least Two Annuity, PPP projects in similar capacity of reviewing the Contract documents and Project Finance agreements. (iv) He shall be involved in implementing the EPC contract agreements and review of financial and other legal agreements furnished by the EPC Contractor. (v) Advisory experience in transportation would be desirable.

108. Survey Engineer. The candidate should be Graduate in Civil Engineering from a recognized University with at least 6 years’ experience in the field of surveying out of which 3 years should be for highway projects. The candidate should have involved in at least 1 similar highway project. Firms may deploy Survey Engineer with diploma in Civil Engineering/Survey having at least 10 years’ experience in the field of surveying, out of which at least 5 years should be in highway projects and they should have also dealt with at least 1 project of similar nature. This position requires thorough understanding of modern computer-based method of surveying with total station digital level etc. Candidates should have handled at least 2 major highway

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projects of similar size and complexity. Project experience less than one year in any project will not be considered in determining the experience in number of projects.

109. Assistant Highway Engineer. Graduate in Civil Engineering from a recognized university with professional experience of 6 years in supervision of Highway Projects. Should have handled at least one major two-, four- or six-laning project of similar size and complexity and have experience with highway projects on EPC, Annuity, or PPP Mode. Experience in Externally Aided projects is desirable. Project experience less than one year in any project will not be considered in determining the experience in number of projects.

110. CAD Expert. Graduate/Diploma in Civil Engineering from a recognized university having experience in computer related design methods for highway engineering. Professional experience of six years in CAD or similar design software, having worked on at least two major highway projects of similar size and complexity. Project experience less than one year in any project will not be considered in determining the experience in number of projects.

111. Environmental/ Safety Officer. Minimum Graduate in Environmental Engineering or related sciences from a recognized university. Professional experience of six years in environmental aspects of highway projects e.g. Environmental Impact Assessment, etc. Experience in implementation of EMP in externally aided highway projects is essential. Experience in road safety audits for at least two highway/ expressway projects of similar complexity having a minimum 150 lane kilometers or equivalent, including one project at design stage. Experience with Road Safety Aspects during various phases i.e. pre-construction, design/development/ construction stage, safety audit & studies of Highway Projects. Exposure in the field of Road Safety Management Plan and experience working with external aided projects is preferred. Project experience less than one year in any project will not be considered in determining the experience in number of projects.

112. Social and gender Officer. Minimum Graduate in Social Sciences or related discipline from a recognized university. Professional experience of six years in social and resettlement and rehabilitation aspects of highway projects e.g. Social Impact Assessments, Resettlement Plans (RP) and gender action plans, etc. Experience in implementation of RP and gender action plans in externally aided projects is essential. Project experience less than one year in any project will not be considered in determining the experience in number of projects.

113. Assistant Bridge Engineer. Graduate in Civil Engineering from a recognized University. Professional Experience of six years in Bridge Design, two years out of a total six years’ experience in similar capacity for design of major highway bridges. Experience designing two major highway bridges. Design experience of major highway bridges of length 200 m or more. (excluding approaches). Project experience less than one year in any project will not be considered in determining the experience in number of projects.

114. Assistant Quality/ Material Engineer: Graduate in Civil Engineering from a recognized university, professional experience of 6 years. Experience of at least 2 years as Quality/ Material Expert or in similar capacity in construction / construction supervision /major highway projects. Experience in latest quality management techniques in highway projects using modern technology. Experience as Quality/ Material Expert or in similar capacity in handling of at least 2similar highway projects of similar size and capacity. Project experience less than one year in any project will not be considered in determining the experience in number of projects.

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115. Quantity Surveyor: Graduate in Civil Engineering from a recognized university, professional experience of 6 years. Experience of at least 2 years as Quantity Surveyor or in similar capacity as construction/ construction supervision/ major highway projects. Experience as Quantity Surveyor in EPC, Annuity, PPP projects. In a similar capacity, the expert should have handled at least two similar projects of size and complexity. Project experience less than one year on any project will not be considered in determining the experience in number of projects.

116. Horticulture and Landscaping Expert: Bachelor of Science degree from a recognized university with Horticulture as a subject preferably with post-graduate horticulture specialization. Minimum ten years’ experience in the area of horticulture / landscaping with 5 years in relevant field.

117. Surveyors: The candidate should have completed a Diploma/ Degree in Engineering from a recognized University. At least 2 years’ experience in the field of surveying out of which 1 years should be for highway projects and involvement in at least 1 similar highway project. Firms may deploy Survey Engineer with diploma in Civil Engineering/Surveying having at least 5 years’ experience in the field of surveying out of which at least 2 years should be in highway projects with at least 1 project of similar nature.

118. Laboratory Technicians: Candidates should be a graduate from a recognized University with at least 2 years’ experience in the field, out of which 1 years should be for highway projects.

G. Reports

119. The Consultant will prepare and submit the reports as listed in Table 3.

120. A review committee comprising of the following officers of the PIU-MSRIP will review all the reports submitted by the AE and will provide comments if any within 15 days:

(i) The Superintending Engineer, PIU-MSRIP (ii) The Executive Engineer, PIU-MSRIP (iii) The Deputy Engineer, PIU-MSRIP

121. Inception Report (5 copies). The Inception Report shall outline how the AE will implement the project. It shall illustrate the planning that the AE has done for the assignment, staffing and comments as deemed appropriate. The Authority will comment on the Report. The Inception Report must be submitted within three (3) weeks after mobilization and should also describe the final format that the AE proposes to use for the Monthly Technical Reports.

122. Monthly Technical Reports (5 copies). The AE shall, no later than the 7th of each month, deliver a brief progress report summarizing the work accomplished by each of the supervision teams for the preceding month. The Monthly Technical Report shall report on the health and safety, physical progress, status of payment of the contractor's monthly payment certificates, all claims for cost or time extensions, and actions required by the Authority to permit unconstrained works implementation. It shall include problems encountered and recommended solutions and a summary of the log from the meetings with the EPC Contractor. The draft outline for the monthly report is below:

(i) Health and safety at the work sites (the EPC Contractor must keep a log of accidents by category);

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(ii) Physical progress vis-à-vis the planned progress, including time and costs; Also, weekly progress log and issues on the construction sites; (iii) Explanations for variances to the above; (iv) Expenditures vis-à-vis the cash flow forecast and budget; (v) Explanations for variances to the above; (vi) Status of EPC Contractor claims and disputes, including EPC Contractor claims for time extension and compensation, variation order (change of scope) proposed and approved; (vii) Human resources, mechanical equipment and materials; (viii) Testing and quality control and inspections carried; (ix) Stakeholder issues; (x) Environmental management plan; (xi) Summary of problems encountered (administrative, technical, financial, etc.) and actions already taken or expected to be taken by the AE, or requested from the EPC Contractor to overcome these problems; (xii) Other relevant material and discussions; (xiii) Annexes: The Deviation Report, and other supporting information as necessary; (xiv) Summary of existing encumbrances like trees, electrical poles, water lines, underground utilities, public buildings etc. The time program commensurate with EPC Contractor work program to relocate these encumbrances; and (xv) Status of land acquisition.

123. Quarterly Reports (5 copies). The AE will prepare a report summarizing all supervision activities at the end of each quarter no later than the 15th of each quarter month. It should have roughly the same format as the monthly report, supplemented by the third-party quality monitoring team’s key findings and the AE’s responses to them. The AE’s quarterly report needs to contain quarterly cash flow projections in a format acceptable to the Authority (PIU-MSRIP). It should also identify updated budget estimates for all outstanding work. The Quarterly Report shall also include the matrix of the EPC Contractor’s deviation report and results on the quality assurance program, showing both the recent performance and overall trends. The AE shall submit a draft format for this report in the inception report.

124. Environmental and Social Safeguard Monitoring and Supervision Reports (5 copies). The AE shall prepare a separate bi-annual Environmental Social Safeguard Monitoring and Supervision Report, which includes changes in the environmental parameters supported by laboratory tests result as set out in the Environmental Management Plan (EMP). The report shall also quantify and assess the efficacy of the environmental impact mitigation measures and recommendation of the best practices.

125. Additional Technical Reports (5 copies). The AE shall prepare design reviews and other technical reports during the project from time to time. In particular, technical reports are necessary for each major design change from the (preliminary engineering design. Approvals prior to the issuance of substantial changes need to be included.

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126. Draft Completion Report (5 copies). The AE will prepare the Draft Completion Report within 3 weeks of the completion of the construction works and issue of completion certificate in terms of provisions of CA clause 14.2. The Draft Completion Report will provide an overview of the project and whether the project has been successful. The report will include, but not be limited to:

(i) Overall review of the project, including safety and health data during project execution; (ii) Project timeline for completion; physical progress vs. the original program; (iii) Project costs vs. the original budget; (iv) Key issues in the design and explanations for variances to the preliminary design; (v) Description of additional work, and claims and their disposition; (vi) The final Quality Deviation Matrix; (vii) Other information that is requested by the Authority during project implementation; (viii) The third-party Quality Monitoring team’s Final Report as an Annex; and (ix) The AE will also consolidate all forms of communications between the Project stakeholders and shall submit the same to the Authority segregated on a monthly basis.

127. Monthly Progress Report during Operation and Maintenance Period (5 copies). The AE shall submit the monthly progress report on O & M covering compliances against the maintenance requirements as provided under Schedule K and as per other relevant sections of the EPC agreement.

128. Closure Report – Project Hand-Back Report (5 copies). The AE will prepare the Project Hand-Back Report within 3 weeks of the completion of the EPC contract period. The Project Hand- Back Report will provide an overview of the project and whether the project has been successful. The Report will include, but not limited to:

(i) Overall review of the project, including safety and health data during project execution; (ii) Description of additional work, and claims and their disposition (iii) Other information that is requested by the Authority during project implementation. (iv) The AE will also consolidate all forms of communications between the Project stakeholders and shall submit the same to the Authority segregated on a monthly basis (v) Compliance by the EPC Contractor with the maintenance requirements (vi) Hand back of all materials, tools, plant, equipment, facilities, etc., pertaining to the project highway that shall be handed over to the Authority by the EPC Contractor (vii) report on any liabilities or defects or deficiencies pertaining to the project highway.

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Table 3: Reports to be Submitted by the Consultant Sl. Report Due Date No. of No. Copies 1. Inception Report Within 3 weeks of mobilization 5 2. Monthly Technical Report 7th of each month 5 3. Quarterly Report 15th of each quarter month 5 4. Additional Technical Report Periodically, as applicable 5 5. Draft Completion Report 3 weeks after completion of construction 5 6. Monthly Progress Report 7th of each month 5 (O&M) 7. Closure Report On completion of EPC Contract 5 Source: Maharashtra Public Works Department.

H. Employer’s Input and Counterpart Personnel

129. Services, facilities and property to be made available to the AE by the client:

(i) Data and services:

a. Entire copies of the EPC Contract Agreements, including bidding documents will be made available to the AE.

b. Necessary letters, which will be required for visas for foreign personnel and procuring of services by the AE to perform project services.

(ii) Accommodation, communication and vehicles. The AE will be responsible for making his own arrangements for all his accommodation (including the office of the Team Leader and associated staff stationed in his main office and his site staff). The AE should also make his own arrangements for office furniture, equipment, stationeries, photocopiers, communication facilities like telephones, web connections, facsimiles, etc. including maintenance thereof and vehicles for transportation of office staff/ field staff etc. (including operation, maintenance, insurances and repairs thereof). (iii) Laboratory facilities. Access will be provided to the EPC Contractor established quality control laboratory. The EPC Contractor will establish and maintain laboratory including testing equipment, water supply, electricity and cooling/heating equipment, which shall be made available for use by the AE. Maintenance of the laboratory by the EPC Contractor shall include the cost of electricity, water and all consumable for testing. The EPC Contractor will be responsible for carrying out tests for quality of soils/materials, etc. The AE shall be required to monitor lab testing and to carry out test checks as necessary to verify compliance with the EPC Contract Agreement.

I. PERFORMANCE CLAUSE

130. Authority Engineers shall be expected to fully comply with all the provisions of the `Terms of Reference’, and shall be fully responsible for supervising the Designs, Construction and maintenance and operation of the facility takes place in accordance with the provisions of the

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EPC agreement and other schedules. Any failure of the Authority Engineer in notifying the Authority and the EPC Contractor on non-compliance of the provisions of the EPC Contract Agreement and other schedules by the EPC Contractor , non-adherence to the provision of terms of reference and non-adherence to the time schedule prescribed under the terms of reference shall amount to non-performance.

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II. AUTHORITY ENGINEER FOR PACKAGE 2

A. Background

1. The Government of India has applied for financial assistance from the Asian Development Bank (ADB) toward the cost of the proposed Maharashtra State Road Improvement Project with the primary objective of improvement of state highways / major district Roads, under Engineering Procurement and Construction (EPC) Contracts. Public Works Department, Maharashtra (MPWD or the Authority) will be Executing Agency (EA) for MSRIP.

B. Objective

2. The objective of the proposed consultancy services is to assist the MPWD to implement the project through:

(i) ensure high quality designs and construction of all works and project management; (ii) timely implementation of the project; (iii) proper management of civil works contracts as the “Engineer” (iv) compliance with the safeguards requirements of the contract and ADB’s Safeguards Policy Statements (2009); (v) generally meeting all contract requirements as per good engineering practices, the EPC Agreement, which conforms with applicable standards and technical specifications; and (vi) to train and build capacity in the Authority’s staff and designated Contractor’s staff.

3. These terms of reference are for the Authority Engineer Consultancy Package 2 (Amravati and Yavatmal), which cover the roads as shown in Table 1.

Table 1: List of AE Package 2 Roads Estimated Estimated EPC Length duration of Package Road Name (km) servicesa Shrirampur Vaijapur Risod Washim Pusad Fulsavangi EPC 5 Mandvi Road (Washim to Pusad) SH 51 (242/200 to 56.05 7 years 298/249) Riddhapur Teosa Kurha Anjansingi Dhamangaon Rly 7 years EPC 6 Devgaon Babhulgaon Road SH 300 (40/600 to 108/00) 64.65 and Dhamangaon Bypass Road (0/00 to 5/400) Teosa EPC 7 Valgaon Daryapur Akot Road SH 47 (156/00 to 180/00) 24.00 7 years Daryapur Amla Runmochan Asara Road (MDR-21 and SH 7 years EPC 7 17.55 301, Daryapur to Asara) (0/00 to 17/500) Amravati Chandur Rly Talegaon Road (SH 297) (32/00 to 7 years EPC 8 15.08 49/155) Riddhapur Lehegaon Ner Pingalai Teosa Road (SH 300) 7 years EPC 8 40.80 (0/00 to 40/800) Total 218.13 km = kilometer, MDR = major district road, SH = state highway. a 24-month construction period and five-year operations and maintenance period. Source: Maharashtra Public Works Department.

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4. The Authority Engineer will be appointed for a period of seven years under the provisions of this contract.

5. Interested engineering firms may submit their expression of interest for all the two packages. If the firm gets shortlisted for both packages, RFP will be issued for both packages to shortlisted firms. Firms can submit their bid for both eligible packages. However, a firm will be allotted maximum one package. This selection of package will be based on QCBS including assessment of Least Cost to the department under special circumstances i.e. When an AE with a particular team becomes most preferred bidder (H-1) in more than one package. Details of the assessment procedure will be provided in the RFP.

C. Scope of Services, Tasks, Components and Expected Deliverables

1. Scope and standards of performance

6. These Terms of Reference for the Authority Engineer (“AE”) relate to the EPC Agreement of the MSRIP project. The EPC Agreement will be awarded competitively by the MPWD or the Authority (“Authority’’) to the lowest evaluated bidder (subsequently referred to as “Contractor”), in accordance with the “Procurement regulations for ADB Borrowers: Goods, Works, Consulting and Non-consulting services (October 2017), as amended from time to time”.

7. In taking actions and making decisions, the AE shall be guided by professional values of project management, encompassing responsibility, respect, fairness and honesty. The AE shall exercise its responsibility by taking ownership for decisions made, actions taken and the consequences that may result. The AE’s decisions and actions shall be based on the best interests of the parties to the EPC Agreement, as well as public safety and social and environment safeguards. If necessary, the AE shall be ready to take ownership for errors and omissions, promptly communicate them to the affected parties and make corrections. The AE shall be fully familiar with and uphold the agreed policies, rules and the respective rights and obligations of the Authority and the Contractor under the EPC Agreement. The AE shall demonstrate respect by listening to and understanding the views of others, negotiating in good faith and not acting in an abusive and arbitrary manner. It shall always remain the duty of the AE to apply fairness through conduct which is conducive to consistent impartiality and objectivity. Transparency, truthfulness and avoidance and/ or disclosure of real or potential conflicts of interest shall complement the AE’s reputation for honesty.

2. General duties and functions

8. The AE shall be responsible for the review of designs prepared by the EPC Contractor, including drawings and specifications, superintendence of the EPC Contractor’s performance under the EPC Agreement, progress monitoring, technical and quality control, evaluations of construction, certification and completion of the works by the EPC Contractor, and duties related to taking over and the defects liability period. The AE shall be present at all times during the day- to-day implementation of the Design and Construction Periods and as required for the fulfilment of its assignment during the Operation and Maintenance Period.

9. Having been appointed by the Authority, in consultation with the EPC Contractor, and delegated specific authorities in the EPC agreement, the AE shall be fully responsible for superintendence of the EPC Contractor’s performance in all phases of the EPC agreement. The AE shall at all times, be adequately staffed, in terms of numbers and professional skills, to carry out its responsibilities with the competence and diligence required for this assignment.

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10. The Authority Engineer may organize staff and activities as it wants, provided that it satisfies the requirements of these terms of reference and the contract between the Authority and the EPC Contractor. A list of essential “Key Professional Staff” as well as “Sub-professional Staff “is given in subsequent sections of these terms of reference. The AE should provide for adequate Non-Key (support) staff including administrative, accounts, and service staff to address the requirements of a project of this nature in an efficient and effective manner. For package number AE-1, the AE should set up his main office in Solapur city and camp office in Ratnagiri city.

11. The AE shall exercise the authority delegated to it by the Authority, within the parameters established in the EPC agreement. The following is a summary of the delegated authorities, roles and functions of the AE:

(i) Review of the Drawings (working and as built), Specifications and related Documents including detailed engineering and design documents, design and construction progress reports prepared by the EPC Contractor; (ii) (Review, inspection, and superintendence of the Construction Works including environmental management plan, resettlement action and Social safeguard plan, traffic management program, work zone safety plan and other special management programs as set forth in the EPC agreement; work with the EPC Contractor to ensure timely and on budget execution of the road works; (iii) Ensure the EPC Contractor’s fulfillment of his quality assurance plan by visual observation, random measurements and laboratory tests. Conducting tests and inspections on completion of construction and issuing Completion/ Provisional Completion Certificate as set forth in the EPC agreement; (iv) Co-ordination with stakeholders including, performing related duties and functions, as necessary for the EPC Contractor’s successful and timely completion of the Highway Project under the EPC agreement. (v) Certification of payments; (vi) Review, inspection and superintendence of O&M as set forth in the EPC agreement; (vii) Contract administration; (viii) Review, inspection and monitoring of divestment requirements as set forth in the EPC agreement; (ix) Assisting the Parties to the EPC agreement in resolving disputes, differences or controversies in accordance with the applicable provisions of the EPC agreement and Dispute Resolution Clause of the EPC agreement; (x) Determining the costs of any works or services and/or their reasonableness, as required under the EPC agreement; (xi) Determining the period or any extension thereof, for performing any duty or obligation as required under the EPC agreement; (xii) Reporting progress of the works on a monthly basis; (xiii) Cooperating with the third-party Quality Monitoring Team appointed by the Authority including the Engineers from the Vigilance and Quality Control circle of Public Works Department to carry out its tasks. (xiv) Undertaking all other duties and functions in accordance with the EPC agreement.

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12. Delegation of AE duties: The AE may from time to time, assign duties and further delegate authority to Key Personnel and may also revoke such assignments and delegations. These assignments, delegations and revocations shall not take effect until they have been duly notified to the Authority and the EPC Contractor. Each Key expert shall only be authorized to issue instructions to the EPC Contractor to the extent defined in the notice of delegation. Any approval, instruction, notice, request or similar act by Key Personnel, in accordance with this delegation, shall have the same effect as though the act had been an act of the AE. The AE will appoint the “Senior Highway Engineer”, to act as Team Leader (TL) as mentioned in the contract documents, and who will reside full-time at the project site during construction. TL will interact with the designated Authority’s representative. The Team leader shall delegate some of his authority to other key experts, who will act as "the AE’s Representative" at the construction site supervision teams. Each supervision team will be composed of several professionals. The AE shall define in its technical proposal the number of supervision teams and the overall supervision approach for the project. The proposals shall describe how the AE will establish a mechanism, which will ensure coordination of the supervision teams, so that each team is all times fully aware of the remedies to problems used by the other teams. This will ensure that the full experience of the AE can be applied in all works.

13. Authority to amend the EPC agreement: the AE shall have no authority to amend, suspend or terminate the EPC agreement with regard to the EPC Contractor’s rights and obligations, without written instructions from the Authority.

14. Meetings with authority: The AE shall interact with the Authority’s designated officers and staff on a regular basis and attend the Authority’s monthly meeting to review the EPC Contractor’s progress during the preceding month. The AE shall make available its assistants and other key staff, as required for these monthly meetings. The issues discussed between The AE and the Authority shall be recorded in the minutes of the meeting and remain on the agenda of subsequent meetings, until they are fully resolved.

15. The AE shall chair monthly meetings with the EPC Contractor. During these meetings, formal minutes will be taken by the AE and distributed to the EPC Contractor and Authority.

16. Meetings with Asian Development Bank: The AE shall be available to attend meetings with Asian Development Bank missions during their visits to the Authority and on field trips.

17. Management Information Systems: The AE shall make use of Management Information Systems (MIS) in carrying out its assignment and provide read-only remote access to its MIS records and reports to the Authority and the EPC Contractor. Confidential records and reports shall be exempted from this requirement for remote access to The AE’s MIS.

18. Record of digitized inventory, drawings and specifications and other documents: Upon completion of its assignment, the AE shall obtain, sort and prepare a digitized inventory of all Drawings, Specifications, other Documents, test reports, certificates and similar records related in pursuit of the EPC agreement. The AE’s digitized inventory shall be turned over to the Authority for safekeeping.

19. Maintain the Deviation Report and send it monthly to the Authority and the EPC Contractor in a format as prescribed by Authority.

20. Maintain digital color photographs throughout the duration of the Contract for photographic record (available for inspection) of monthly progress at set locations, especially of any

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construction of technical or contractual interest. Each photograph should be captioned with reference number, time, date, precise location, subject, and points of particular note. All digital data with captions should be stored on a digital record system;

21. The AE shall keep a daily log of the progress and issues on the construction sites.

22. The AE shall update all records that it collects on MRIP’s relevant platform.

D. Scope of Consulting Services

23. The scope of consulting services will include, but not necessarily be limited to the following:

24. The AE shall arrange training for the Authority’s staff (about 25 persons) including field visits to the on-going works under AE’s supervision to improve their ability to supervise and manage the road and bridge works and the environmental impacts of construction. The training module shall be finalized in consultation with the Authority.

1. Training structure

25. The training program shall comprise both classroom and on-the-job training. The proposal shall contain a detailed training program that is considered to be beneficial for developing capacity within MRIP staff (and some designated Contractor’s Staff). An outline of the training is provided below. However, the outline of the training is only a minimum requirement. AE can further develop on the outline to develop a robust program. The cost and expenses in relation to the training arrangements including venue arrangement, lunch/dinner, projector/sound/AV systems, stay for trainees shall be borne by the AE. For classroom training purposes, the location of the training shall be the location of PIU/PMU. For classroom trainings the trainees through their offices will meet the expenditure of travel, transportation and boarding charges. The AE will meet the expenditure of training venue, resource persons, training material etc., required for conducting the training. In case of on the job training, the cost of transportation for the trainees from base location to training location will be borne by the trainees themselves and the AE will meet boarding, lodging & food, local transportation to site etc.

26. Kindly note that the timelines for trainings shall be finalized in agreement with MPWD, however The AE shall ensure that the first round of trainings is scheduled immediately post letter of award and the next refresher session shall be held with 3 months of commencement date.

Part 1: Classroom training Details of Training Sl. Target skillset to Module Details Objective Time duration No. be developed 1 Operational Assessment The objective of the module The training will 2 trainings of 1 day and Contract is to provide the concerned enable personnel to each (may be Management personnel with the appreciate the role organised at a time Introduction knowledge of contract of contract in agreement with Objectives management and roles to management and PIU MSRIP) Introduction to Conditions be played by each party. have an of contract The focus should be on understanding of Role of EPC Contractor, what are the detailed roles; “how” part of Authority Engineer and specific tool/formats used in contract Employer monitoring of contract (KPI management.

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Details of Training Sl. Target skillset to Module Details Objective Time duration No. be developed Contract management monitoring during both Introduction to construction and O&M Performance Indicators period); escalation triggers Analysing performance in case of non-performance; against KPIs issues in contract Contract management management, etc. Also, Value Testing methods international best practices Review like value testing in Tutorial operation period shall also be introduced. 2 PEM Module 3 – Project The objective of the module The training shall 1 day (may be Management will be to provide overview enable the organised at a time Introduction of project management and personnel to in agreement with Objectives governance in EPC appreciate the role PIU MSRIP) Principles of Project Contracts. The module shall of project Management also introduce relationship management and Principles of Good and trust-based approaches governance in Governance in EPC in governance. successful delivery Contracts of an EPC project. Introduction to project management tools Demonstration of Microsoft Project, Primavera Stakeholder Management Conclusion Review Tutorial Source: Maharashtra Public Works Department.

2. Part 2: On-the-job training

27. MSRIP shall identify trainees to work along-side Authority Engineer for a period of 5 days. The Authority Engineer shall develop an on-the-training programme for the trainees in discussion with PIU MSRIP and synchronised with the class-room training modules. The Authority Engineer shall review the trainees on their performance in on-the-job training and shall provide MPWD an understanding on what improvements are required for each trainee and in what direction.

3. Duties and functions during the Construction Period

28. Review of designs, drawings, specifications and construction methodology: During the Construction Period, the AE shall undertake a detailed review of the construction methodology together with Drawings, quality assurance procedures, the procurement, engineering construction time schedule and deviation in designs drawings and specification, if any, to be furnished by the EPC Contractor along with supporting data, including the geo-technical and hydrological investigations, characteristics of materials from borrow areas and quarry sites, mix designs, traffic operations and safety arrangements, traffic surveys, topographical/subsurface surveys and review of supplemental EIA/EMP for possible impact owing to design changes. This review shall verify that the safety measures specified in the EPC agreement are included in the detailed designs. The AE shall complete such review and send its comments/observations with particular reference to their conformity or otherwise with the Scope of the Project and the Specifications and

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Standards defined in CA, to the Authority and the EPC Contractor within 15 (fifteen) days of receipt of such Drawings and Specifications. In particular, such comments/ observations shall specify the conformity or otherwise of such Drawings and Specifications with the EPC agreement.

29. After reconciling further comments received from the Authority and the EPC Contractor with its own, the AE shall make a final determination of its findings and advise the EPC Contractor accordingly. Subsequently, the AE shall review any modified Drawings, Specifications or supporting Documents sent to it by the EPC Contractor and shall give its clearance or observations if any within 7 (seven) days of receiving such modified Drawings, Specifications or Documents.

30. Construction safety and environmental management: The AE shall review the EPC Contractor’s Construction Zone Safety Checklist and Environment Management Plan (EMP) in accordance with the relevant requirements of the EPC agreement and furnish its comments thereon to the Authority and the EPC Contractor within 7 (seven) days of receiving such Checklist and EMP. The AE shall subsequently monitor the EPC Contractor’s compliance with the Traffic Management Plan, Construction Zone Safety Checklist, Environmental Management Plan, Social Safeguard Plan and if necessary, enforce the relevant provisions of the EPC agreement in this regard. In particular, the AE will confirm that the EPC Contractor’s management plan complies with the conditions of the EIA Clearance granted by the SEIAA or the NEIAA, as the EPC agreement se may be. In case of divergence of the plan from the conditions of the said Clearance, The AE shall bring the same to the attention of the Authority and the EPC Contractor.

31. Review of the EPC contractor’s quality assurance procedures: The AE shall periodically review the EPC Contractor’s quality assurance procedures and furnish its comments to the Authority and the EPC Contractor within 15 (fifteen) days of receipt thereof. The AE shall subsequently monitor the EPC Contractor’s compliance with the quality assurance procedures.

32. Review of project agreements: Upon reference by the Authority, the Authority Engineer shall review and comment on the sub Contract or any other contract for construction, operation and maintenance of the Project Highway, proposals from the EPC Contractor or agreements entered by the EPC Contractor with any contractors on such works and furnish its comments within 7 (seven) days from receipt of such reference from the Authority.

33. Conducting Joint Measurements and reviewing costing proposed by EPC Contractor as and when required as per the provisions of EPC contract agreement including but not limited to aspects like change of scope, utility shifting, etc.

34. Quality and safety assurance: The duties and functions of the AE during the Construction Period shall be all- encompassing, including superintendence of the EPC Contractor’s performance of the Works on a day-to-day basis, particularly with regard to the deployment of labor, materials, equipment & standards of materials & workmanship and safety arrangements and environmental management in accordance with the EMP at the site. The AE shall have no authority to relieve the EPC Contractor of any of their duties under the EPC agreement or to impose additional obligations. The AE shall ensure the Resettlement Action and Social Safeguard Plan is implemented as designed and update the mitigation measures if required.

35. Quality testing: The AE shall provide sufficient staff to carry out inspections and tests in the field to the extent of a minimum of 25% of the 100 % EPC Contractor’s Requests for Inspection (RFI) pertaining to various items of works. The 25 % of representative RFIs have to be selected

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in such a way by the AE that, those RFIs will fairly represent the quality and quantity of work being carried out. The AE shall either issue written clearances or require the EPC Contractor, within 7 (seven) days of such inspections, to rectify and remedy identified defects or deficiencies. Furthermore, with regard to pavement sub-base and bituminous courses, the AE shall field-check 100% of RFIs. The inspection procedures to be observed by the AE, the EPC Contractor, and the Authority shall be governed by the corresponding EPC contract requirements. The inspections, submission of such inspection reports and clearance of RFI by the AE shall not relieve or absolve the EPC Contractor of its obligations and liability. AE shall also have access to the EPC Contractor’s laboratory facilities for independent testing of materials. It may be noted that the AE shall have to additionally input and update the collected data on MRIP’s relevant platform.

36. Inspection report: At least, once a month, The AE shall summarize such inspections in its Inspection Report and submit to the Authority and the EPC Contractor setting forth an overview of the status, progress, quality and safety of construction including the work methodology adopted, the materials used and their sources, including development and rehabilitation and conformity of construction works with the scope of project and specification standards.

37. Rectification of defects and deficiency: In the event that the EPC Contractor is required to carry out any remedial works for removal or rectification of any defects or deficiencies, the AE shall require the EPC Contractor to prove through appropriate tests that such remedial works have brought the Works into conformity with the EPC agreement. The AE shall take all necessary measures to achieve closure of non-conformances through the EPC Contractor’s actions in the shortest possible time, but in no case later than Provisional Completion. The AE shall maintain complete records of all remedial works from their identification to rectification.

38. Review of achievement milestones prescribed: In the event that the EPC Contractor fails to achieve any of the EPC agreement Milestones, the AE shall undertake a review of the progress of construction and identify the causes of delays, if any. If the AE determines that the rate of progress of the Works is not likely to achieve the EPC agreement Milestones, including the Construction Completion Date, it shall notify and require the EPC Contractor to indicate within 15 (fifteen) days of its notice to the EPC Contractor , the steps proposed to be taken to expedite progress, and the period within which the EPC agreement Milestones, including the Construction Completion Date shall be achieved. This notice to the EPC Contractor shall be copied to the Authority. Upon receipt of the EPC Contractor’s response, the AE shall review the steps proposed by the EPC Contractor and send its final determination concerning the likely achievement of the EPC agreement Milestones to the EPC Contractor and the Authority.

39. Review and monitoring of safety arrangement and suspension of works on safety reasons: If at any time during the Construction Period, the AE determines that the EPC Contractor has not made adequate arrangements for the safety of workers and users in the zone of construction or that any work is being carried out in a manner that threatens the safety of the workers and the users, it shall notify the EPC Contractor forthwith and may further recommend to the Authority that the whole or part of the Works be suspended for ensuring safety thereof. The Authority’s notice of suspension for reasons of safety shall be promptly communicated to the EPC Contractor and the AE. The suspension may be lifted by Authority only upon the AE’s determination and follow-up inspection that the conditions which caused the suspension have been removed or remedied sufficiently. In emergency cases the AE will take such actions and steps to ensure the safety pending clearance from the authority.

40. Review and monitoring of environmental arrangement and suspension of works on environmental reasons: If at any time during the construction period, the AE determines that

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the environmental management measures are inadequate and can cause harm to the environment beyond permissible limits laid down in the EMP or the Clearance issued for the project, it shall notify the EPC Contractor forthwith and may recommend to the Authority that whole or part of the Work be suspended. The Authority’s notice of suspension for reasons of higher than allowable risk to the environment shall be promptly communicated to the EPC Contractor and the AE. The suspension may be lifted by Authority only upon the AE’s determination and follow-up inspection that the conditions which caused the suspension have been removed or remedied sufficiently. In emergency cases the AE will take such actions and steps to ensure avoidance or at least minimization of damage to the environment, pending clearance from the Authority.

41. Extension of time determination: If the Works are suspended by the Authority for reasons not attributable to the EPC Contractor , the AE shall determine any extension of dates set forth in the Construction Completion Schedule and compensation, if any, to which the EPC Contractor may be reasonably entitled. the AE shall notify Authority of its determination and the Authority shall extend the Construction Completion Schedule accordingly through notice to the EPC Contractor. When the reasons for the suspension have subsided and the Works can be resumed, the Authority shall lift the suspension though follow-up notice to the EPC Contractor, in coordination with the AE.

42. Tests to be carried out: The AE shall require the EPC Contractor to carry out, or cause to be carried out, all Tests specified in the related schedules of the EPC agreement, from time to time and in accordance with Good Industry Practice for quality assurance. The EPC Contractor shall carry out these tests in accordance with the instructions of the AE and furnish the test results to the AE. In the event that the results of any tests establish any defects or deficiencies in the Works, the AE shall require the EPC Contractor to carry out remedial measures and furnish a report to the AE in this regard. These AE’s functions related to tests shall be carried out and communicated to the Authority and the EPC Contractor in conformance with the related provisions of the EPC agreement.

43. Certification of lump-sum payments: The EPC Contractor shall submit requests for Lump Sum Payments to the AE, in accordance with the applicable requirements of the EPC agreement and the AE shall make fair and reasonable assessments of such payment requests and the associated documentation submitted by the EPC Contractor. The AE shall verify and certify the amount claimed in the EPC Contractor’s invoice, along with the necessary adjustments and recommend to the Authority for payment as provided in EPC agreement. The AE’s recommendations with regard to the EPC Contractor’s payment requests shall reach the Authority within 14 days from the date of such claim by the EPC Contractor after satisfactory fulfillment of conditions prescribed in the EPC agreement

44. Review of progress reports: The AE shall review the monthly progress report furnished by the EPC Contractor and provide its comments to the Authority and the EPC Contractor within 7 (seven) days of receipt of such report. The AE shall provide its concurrence in the EPC Contractor’s monthly progress report or its reservations, as the case may be, to the EPC Contractor and copy this communication to the Authority. If necessary, the AE shall require the EPC Contractor to submit additional information related to the monthly progress report.

45. Issue of completion and provisional completion certificate: Upon completion of the Works, as notified by the EPC Contractor and the successful completion all inspections and tests required by the EPC agreement, the AE shall issue to the EPC Contractor and the Authority the Completion Certificate set forth in the EPC agreement. At the Request of the EPC Contractor, the

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AE may issue instead, the Provisional Certificate, also set forth in the EPC agreement. The Provisional Certificate may be used, when the Project Highway can be safely and reliably placed in commercial operation, even though certain parts of the Works are not yet fully completed. In such event, The AE shall append to its Provisional Certificate, a list of outstanding items and their agreed completion dates. This list, which is referred to in the EPC agreement as Punch List, shall be signed jointly by the EPC Contractor and the AE. In cases where certain parts of the Works are not yet completed due to delays in completion attributable to the Authority, the AE shall not withhold the Provisional Certificate.

46. Review of as-built drawings: Within 90 (ninety) days of the Project Completion Date, the AE shall require the EPC Contractor to furnish the as-Built drawings in a manner acceptable to the Authority. The AE shall review the ‘As Built’ drawings for each component of the works prepared by the EPC Contractor and determine their acceptability under the terms of the EPC agreement. The AE shall communicate its determination to the Authority and the EPC Contractor. Additionally, within 90 days of each Project Milestones, the AE shall require the EPC Contractor to furnish the as-Built drawings in a manner acceptable to the Authority. The AE shall review the ‘As Built’ drawings for each component of the works prepared by the EPC Contractor and determine their acceptability under the terms of the EPC agreement. The AE shall communicate its determination to the Authority and the EPC Contractor within 60 days of receipt of drawings.

47. Maintenance manual: Not later than 180 (one hundred and eighty) days prior to the completion of works, the AE shall require the EPC Contractor to submit a repair and maintenance manual (the “Maintenance Manual”) for the regular and preventive maintenance of the Project Highway in conformity with the Maintenance Requirements, Safety Requirements and Good Industry Practice. The Authority Engineer shall aid and advise the EPC Contractor in preparing the Maintenance Manual.

48. Determination of costs: Upon reference from the Authority, the Authority Engineer shall make a fair and reasonable assessment of the costs of providing information, works and services as set forth in EPC agreement and certify the reasonableness of such costs for payment by the Authority to the EPC Contractor.

4. Duties and functions during the Operation and Maintenance Period

49. Review of drawings, documents, reports: In respect of drawings, documents and report on compliance with Safety Requirements received by the AE for its review and comments during the operation period, the provisions in Para 3 shall apply mutatis mutandis.

50. Review of annual maintenance program: The AE shall review the annual Maintenance Program furnished by the EPC Contractor in conformance with the EPC agreement and convey its comments to the EPC Contractor within 15 (fifteen) days of its receipt with particular reference to its conformity with the Maintenance Requirements, Maintenance Manual and Safety Requirements as well as relevant provisions of the EMP for the Operation Phase, with copies to the Authority. In case of reservations with the initial annual Maintenance Program, The AE shall subsequently review the EPC Contractor’s follow-up response and communicate its final determination regarding the conformance of the annual Maintenance Program with the EPC agreement to the EPC Contractor, copied to the Authority.

51. Monthly progress report during O&M period: The AE shall review the monthly progress report on Operation and Maintenance furnished by the EPC Contractor and provide its comments to the EPC Contractor within 7 (seven) days of its receipt, copied to the Authority. In case of

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reservations with the initial monthly progress report on Operations and Maintenance, the AE shall subsequently review the EPC Contractor’s follow-up response and communicate its final determination regarding the conformance of the progress on Operations and Maintenance with the EPC agreement and the Maintenance Manual to the EPC Contractor , copied to the Authority.

52. Monitoring of maintenance works: During the Operation Period, the AE shall inspect the Project Highway once every month, preferably following receipt of the EPC Contractor’s monthly progress report on Operations and Maintenance. The AE shall provide the Authority and the EPC Contractor with its O&M Inspection Report within 7 (seven) days of its monthly inspection. The AE’s O&M Inspection Report shall cover an overview of the status, timeliness and quality of the EPC Contractor’s performance of the Operations and Maintenance requirements in conformance with the EPC agreement and the Maintenance Manual. The AE’s Inspection Report shall specify the remedial actions that are being taken or have been agreed but not yet taken by the EPC Contractor with regard to reported lapses, defects, deficiencies, etc. The AE’ s Inspection Report may also specify deadlines for remedial actions and additional tests and traffic survey to be carried out by the EPC Contractor for the purpose of assuring that the Project Highway remains in the condition that underlies the Operations and Maintenance obligations of the EPC Contractor in the EPC agreement. The AE may inspect the project highway more than once in a month, if any lapses, defects or deficiencies require such inspections.

53. Closure of lanes: The AE shall examine requests submitted by the EPC Contractor for closure of lanes of the carriageway for maintenance and repair purposes, as well as related modifications of the Highway. Within 3 (three) days of receiving such requests, the AE shall determine the reasonableness of the EPC Contractor’s request, including provisions for minimizing traffic disruptions, ascertain the views of the Authority on closures and disruptions and notify the EPC Contractor, copied to the Authority. In case of reservations with the EPC Contractor’s request, the AE shall subsequently review the EPC Contractor’s revised request and communicate its final determination regarding the reasonableness of the revised request to the EPC Contractor, copied to the Authority.

54. Payments during Operation and Maintenance period: The EPC Contractor shall submit requests for payments to the AE for first part of 5% after successful completion of three years of operation and maintenance period and second part of 5% after completion of Defect Liability period, in accordance with the applicable requirements of the EPC agreement and the AE shall make fair and reasonable assessments of such payment requests, including any bonus or reduction in payment based on the monthly progress report on Operations and Maintenance. The AE shall adjust the EPC Contractor’s invoice, as necessary and forward it with the associated documentation to the Authority for payment. While forwarding the invoice to the Authority, the AE may recommend payment in full or part thereof. The AE’s recommendation shall reach the Authority within 15 days of the receipt of request from the EPC contractor.

55. Repair/Rectification: In respect of any defect or deficiency referred to in EPC agreement, the Authority Engineer shall, in conformity with Good Industry Practice, specify the permissible limit of deviation or deterioration with reference to the Specifications and Standards and shall also specify the time limit for repair or rectification of any deviation or deterioration beyond the permissible limit.

56. Delay damages: The Authority Engineer shall determine if any delay has occurred in completion of repair or remedial works in accordance with the Agreement, and shall also determine the Damages, if any, payable by the EPC Contractor to the Authority for such delay.

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57. Periodic maintenance: The Authority Engineer shall determine the Major Maintech Completion Schedule and shall also issue a Periodic Maintenance Completion Certificate upon completion and inspection of Major Maintenance work, as specified under and in accordance with the provisions in the EPC agreement.

58. The Authority Engineer shall monitor and review the curing of defects and deficiencies by the EPC Contractor as set forth in EPC agreement.

59. The Authority Engineer shall undertake traffic survey, as and when required by the Authority, under and in accordance with EPC agreement.

60. The AE shall initiate necessary action to undertake the maintenance obligations of the EPC Contractor at risk and cost of the EPC Contractor in the event of its failure to carryout operations and maintenance, as per the provisions in the EPC agreement

61. The AE shall review the accident record of the highway and suggest remedial measures.

62. The AE shall submit the monthly progress report on operations and maintenance covering the maintenance requirements provided in EPC agreement.

5. Duties and Functions related to Divestment Requirements

63. Not earlier than 90 (ninety) days before Termination of the EPC agreement but not later than 15 (fifteen) days before the effective date of such Termination and the initiation of the EPC Contractor’s Divestment Requirements, The AE shall verify, after giving notice to the EPC Contractor of the time, date and venue of such verification, compliance by the EPC Contractor with the Maintenance Requirements, and if required, cause appropriate tests to be carried out at the EPC Contractor’s costs for this purpose. If the AE determines that the status of the Highway requires repairs and other rectifications, in order to meet the Divestment Requirements, the AE shall assess the amount to be set aside for these repairs and rectifications and communicate its determination forthwith to the Authority and the EPC Contractor. The source of funds to cover the amount to be set aside and the method of retention shall be agreed between the Authority and the EPC Contractor, based on the AE’s determination.

64. The Authority Engineer shall ensure that all materials, tools, plant, equipment, facilities, etc., which have to be handed over to the Authority upon termination of EPC agreement. These are properly dismantled, packed, stored and maintained until the official handing over to the Authority as provided in the EPC agreement.

65. The Authority Engineer shall inspect the Project Highway once in every 15 (fifteen) days during a period of 120 (one twenty) days after Termination for determining the liability of the EPC Contractor under EPC agreement, in respect of the defects or deficiencies specified therein. If any such defect or deficiency is found by the Authority Engineer, it shall make a report in reasonable detail and send it forthwith to the Authority and the EPC Contractor.

6. Determination of costs and time

66. The Authority Engineer shall determine the costs, and/or their reasonableness, that are required to be determined by it under the EPC agreement.

7. Duties and functions related to dispute resolution

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67. In the event of any disagreement between the EPC Contractor and the Authority regarding any provision of the EPC agreement or issues of Good Industry Practice, The AE shall determine and communicate to them its independent interpretation of such provisions and issues and the parties shall take the AE’s interpretation into account in settling their disagreement.

68. When called upon by either the EPC Contractor or the Authority or both to mediate and assist them in arriving at an amicable settlement of any dispute under the EPC agreement, The AE shall make itself available and use its best efforts to accommodate their mediation request and reach an amicable settlement.

69. If a dispute arises between the EPC Contractor and the Authority in connection with any certificate, determination, instruction, opinion or valuation of the AE, either of them may refer the dispute to the Dispute Review Board, as provided in the EPC agreement. In such event, the AE shall cooperate with requests from the Dispute Review Board for additional information and meetings. The party referring the dispute to the Dispute Review Board shall notify the other party and the AE.

8. Miscellaneous

70. A copy of all communications, comments, instructions, Drawings or Documents sent by the Authority Engineer to the EPC Contractor pursuant to this TOR, and a copy of all the test results with comments of the Authority Engineer thereon shall be furnished by the Authority Engineer to the Authority forthwith.

71. The Authority Engineer shall obtain, and the EPC Contractor shall furnish in two copies thereof, all communications and reports required to be submitted, under this Agreement, by the EPC Contractor to the Authority Engineer, whereupon the Authority Engineer shall send one of the copies to the Authority along with its comments thereon.

72. The Authority Engineer shall retain at least one copy each of all Drawings and Documents received by it, including ‘as-built’ Drawings, and keep them in its safe custody.

73. Upon completion of its assignment hereunder, the Authority Engineer shall duly classify and list all Drawings, Documents, results of tests and other relevant records, and hand them over to the Authority or such other person as the Authority may specify and obtain written receipt thereof. Two copies of the said documents shall also be furnished in microfilm form or in such other medium as may be acceptable to the Authority.

74. The AE shall assist the Authority and the EPC Contractor in utility shifting, land acquisition and rehabilitation & resettlement issues which will affect the progress of works.

75. The AE shall assist the Authority during the Dispute Board meetings, Arbitration proceedings and any other hearing held by the statutory/legal body.

76. The AE will ensure effective coordination with the railways supervising staff during the construction of ROB/RUB and advise the Authority regarding the status of ROB/RUB construction.

E. Expected Inputs

77. The suggested composition and associated time inputs for the AE team are given in Table 2.

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Table 2: Construction supervision consultant staffing requirements Sl. Number of Person months No Position persons Construction Operations Total I Key national experts 1 Team Leader and Senior highway 1 24 5 29 engineer 2 Resident highway engineer 2 24 5 58 3 Senior bridge/ structural engineer 1 10 0 10 4 Highway design engineer 2 15 0 30 5 Bridge design engineer 2 12 0 24 6 Geotechnical engineer 1 3 0 3 7 Senior pavement expert 1 11 3 14 8 Senior quality/ material expert 1 24 3 27 9 Traffic and safety expert 1 11 1 12 10 Environmental expert 1 12 1 13 11 Social and gender expert 1 12 1 13 12 Financial expert 1 2 1 3 13 Contract expert 1 3 0 3 14 Legal expert 1 4 2 6 Total person-months 245 (key experts) II Non-key national experts 15 Survey engineer 6 12 5 102 16 Assistant highway engineers 6 12 5 102 17 CAD expert 2 12 5 34 18 Assistant bridge engineer 2 24 5 58 19 Environment/ safety officer 1 12 5 17 20 Social and gender officer 1 12 5 17 21 Quality assistant/ material 6 12 5 102 engineer 22 Quantity surveyor 6 12 5 102 23 Horticulture and landscaping 1 12 5 17 expert 24 Surveyors 6 24 5 174 25 Laboratory technician 6 24 5 174 Total person-months 899 (non-key national experts) Total person-months (key and 1,144 non-key international and national experts) CAD = computer-aided design. Source: Maharashtra Public Works Department

78. The above person-months in specified categories are compulsory and the AE may decide upon additional requirement based on the scope of work. Other inputs like support staff such as administrative, accounts, and assistants shall also be provided by the AE, of an acceptable type, and commensurate with the roles and responsibilities of each position to efficiently and effectively perform the services.

79. Key experts curriculum vitae (CV) (positions 1–14) will be evaluated. All non-key experts (positions 15-25) will not be evaluated but should be submitted for approval of the client before mobilization. Position-based tasks/responsibility assignments are provided below.

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F. Task and Qualification Requirements of Experts

80. Team Leader & Senior Highway Engineer (TL). This is the senior most position and the expert engaged as the team leader shall be responsible for reviewing the entire Project preparation and implementation activities of the EPC Contractor. The Expert shall check all the Designs being prepared by the EPC Contractor, ensure execution of works on site as per specification and standards, and continuously interact with the Authority and the Contractor. The Expert shall undertake Project site visits and shall guide, supervise, coordinate and monitor the work of other experts in his team as well as those of the Contractor. The Expert is responsible for day to day supervision of works for implementing the project in accordance of EPC agreement and report non compliances to both EPC Contractor and Authority. Responsible for certifying the payments and help in resolving the disputes between EPC Contractor and Authority. The candidate should have a proven record of supervising, organizing and managing of Project preparation and construction of highway projects of large magnitudes, as defined below, financed by international lending agencies and others. Knowledge of Project management shall be an added advantage.

81. Qualifications and Experience:

(i) Minimum Post Graduate Degree in Civil, Highway, or Transportation Engineering or equivalent from a recognized University. (ii) Minimum total Professional Experience of 20 years including at least 5 years of experience in Highway Development in EPC, Annuity, or PPP Projects. (iii) He/she should have handled the assignments as Team Leader/ Deputy Team Leader or similar capacity of at least three construction supervision consultancy works or Authority Engineer consultancy works of highways of EPC, Annuity, or PPP projects involving 300 lane-kilometers or Projects costing more than Rs. 4,500 million. (iv) Experience should include at least 3 years on similar projects in developing countries, including in Asia. (v) Experience in preparation of DPRs of highway projects of projects involving 150 lane-kilometers or Projects costing more than Rs. 2,250 million. (vi) Knowledge of design of pavement. (vii) Expertise shall include computer aided design methods for Civil/Highway Engineering with particular reference to CAD application to the geometric design for highway rehabilitation and/or upgrading projects. (viii) Knowledge of international ‘best practices’ in latest conditions of contract, construction, contract management and modern highway construction technology. (ix) Experience in Operation and Maintenance of Major Highway Projects. (x) Experience in contract dispute management. (xi) He/she should also be familiar with implementation aspects of safety, Environmental Management Plans, Social Safeguard plans. (xii) Experience of multilateral/bilateral agency aided projects will be given higher preference.

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(xiii) Experience less than one year in any project will not be considered in determining the experience in number of projects. (xiv) Similar Capacity includes the following positions: • On behalf of Consultant: Team Leader/Resident Engineer (Construction Supervision/IE/AE/DPR). • On behalf of Contractor: Project Manager (Construction/Construction Supervision). • In Government Organizations: Superintending Engineer (or equivalent) and above.

82. Resident Highway Engineer. The Expert shall check all the Designs being prepared by the EPC Contractor, ensure execution of works on site as per specification and standards, and continuously interact with the Authority and the Contractor. The Expert shall undertake Project site visits and shall guide, supervise, coordinate and monitor the work of other experts in his team as well as those of the Contractor. The Expert is responsible for day to day supervision of works for implementing the project in accordance of EPC contract agreement and report non compliances to both EPC Contractor and Authority. The candidate should have a proven record of supervising, organizing and managing of Project preparation and construction of highway projects of large magnitudes, as defined below, financed by international lending agencies and others. Knowledge of project management shall be an added advantage.

83. Qualifications and Experience:

(i) Minimum Post Graduate Degree in Civil, Highway, or Transportation Engineering or equivalent from a recognized University. (ii) Minimum total Professional Experience of 15 years, including at least 2 years of experience in Highway Development in EPC, Annuity, or PPP Projects. (iii) He/she should have handled the assignments as Team Leader/ Deputy Team Leader or similar capacity of at least one construction supervision consultancy works and one Authority Engineer consultancy works of highways of EPC, Annuity, or PPP projects involving 150 lane-kilometers or Projects costing more than Rs.2,250 million. (iv) His/her experience should include at least 3 years on similar projects in developing countries, including in Asia. (v) Experience in preparation of DPRs of highway projects of projects involving 150 lane-kilometers or Projects costing more than Rs. 2,250 million. (vi) Knowledge of international ‘best practices’ in latest conditions of contract, construction, contract management and modern highway construction technology. (vii) Experience in Operation and Maintenance of Major Highway Projects. (viii) Experience in contract dispute management. (ix) He/she should also be familiar with implementation aspects of safety, Environmental Management Plans, Social Safeguard plans. (x) Experience of multilateral/bilateral agency aided projects will be given higher preference.

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(xi) Experience less than one year in any project will not be considered in determining the experience in number of projects. (xii) Similar Capacity includes the following positions: • On behalf of Consultant: Resident Highway Engineer (Construction Supervision/IE/AE/DPR). • In Government Organizations: Executive Engineer (or equivalent) and above

84. Senior Bridge Design Engineer. The Senior Bridge Design Engineer/ Senior Structural Engineer shall be responsible for checking the designs of bridges, culverts, ROBs, interchanges and any other structure to be constructed in the project highway, guiding the field supervision teams in checking of reinforcement/cable laying operations, rectifying any apparent mistakes in respect of them, checking and controlling the proper mix designs, checking the adequacy of proper form-work, laying/compacting of concrete including curing operations. For this purpose, The Expert will work in close coordination with the Senior Material Expert and the Contract Management Specialist to effectively control the quality of execution. The Expert will be responsible for minor modifications in design of bridges/culverts, wherever required during execution. The Expert shall also review the rehabilitation measures to be proposed by the EPC Contractor for existing structures based on site condition and structural requirement basis. His/her expertise shall include computer aided design methods for Civil/Structural Engineering with particular reference to Structural design.

85. Qualifications and Experience:

(i) Minimum Graduate in Civil Engineering. Preferably, Post Graduate Degree in Structural Engineering from a recognized University. (ii) Minimum Professional Experience of 15 years with 8 years out of total 15 years’ experience in similar capacity of Senior Bridge Design Engineer / Senior Structural Engineer for design of major highway bridges. (iii) Experience designing of 4 major Highway Bridges or flyovers having length more than 200m. (iv) At least 4 years’ experience in rehabilitation/repair/ maintenance of bridges. (v) Experience in innovative methods of construction of Bridges (pre-cast segmental, cantilever construction, cable stayed Bridge, suspension bridges etc.), bridge design methods and standards, bridge design with use of computer aided software, technical specifications and statistical quality control/assurance procedures for construction of different component of bridges. (vi) Experience as Senior Bridge Design Engineer / Senior Structural Engineer on a construction project in developing countries will be an added qualification. (vii) Similar Capacity includes the following positions: • On behalf of Consultant: Senior Bridge Engineer (Construction Supervision/IE/AE/DPR). • In Government Organizations: Executive Engineer (or equivalent) and above.

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86. Highway Design Engineer. The Highway Design Engineer shall be responsible for the review of highway designs and drawings using sophisticated computer software and also construction and operations and maintenance works. His/her expertise shall include computer aided design (CAD) methods for Civil/Highway Engineering with particular reference to CAD application to the geometric design for highway rehabilitation and/or upgrading projects.

87. Qualifications and Experience:

(i) Minimum Graduate in Civil Engineering. Preferably, Post Graduate Degree in Highway or Transportation Engineering from a recognized University. (ii) Professional Experience of 15 years in highway works. (iii) Experience of at least 8years (out of total 15 years) in Highway Designing works. (iv) He/she should have handled as Highway Design Engineer at least 2 Projects of major two-laning/ four-laning/ six-laning Highway projects. (v) Exposure to Computer Software Programs for Design of Highways. (vi) Experience in at least two Highway Projects having a length not less than 150 lane kilometers equivalent on PPP / EPC Mode. (vii) Experience in developed countries would be preferred. (viii) Experience in projects served less than six months will not be considered. (ix) Similar capacity includes the following positions: • On behalf of Consultant: Highway Design Engineer (Construction Supervision/IE/AE/DPR). • In Government Organizations: Executive Engineer (or equivalent) and above.

88. Bridge Design Engineer. The Bridge Design Engineer shall be responsible for assisting in checking the designs of bridges, culverts, ROBs, interchanges and any other structure to be constructed in the Project highway, guiding the field supervision teams in checking of reinforcement/cable laying operations, rectifying any apparent mistakes in respect of them, checking and controlling the proper mix designs, checking the adequacy of proper form-work, laying/compacting of concrete including curing operations. The Expert shall also review the rehabilitation measures to be proposed by the EPC Contractor for existing structures based on site condition and structural requirement basis. His/her expertise shall include computer aided design methods for civil/structural Engineering with particular reference to structural design.

89. Qualifications and Experience:

(i) Minimum Graduate in Civil Engineering. Preferably, Post Graduate Degree in Structural Engineering from a recognized University. (ii) Minimum Professional Experience of 15 years. (iii) 4 years out of total 8 years’ experience in similar capacity of Bridge Design Engineer / Structural Engineer for design of major highway bridges. (iv) Experience designing 4 major Highway Bridges or flyovers having length more than 200m. (v) At least 4 years’ experience in rehabilitation/repair/ maintenance of bridges.

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(vi) Experience in innovative methods of construction of Bridges (pre-cast segmental, cantilever construction, cable stayed bridge, suspension bridges etc.), bridge design methods and standards, bridge design with use of computer aided software, technical specifications and statistical quality control/assurance procedures for construction of different component of bridges. (vii) His/her experience as bridge design engineer / structural engineer on a construction project in developing countries will be an added qualification. (viii) Similar capacity includes the following positions: • On behalf of Consultant: Senior Bridge Engineer (Construction Supervision/IE/AE/DPR). • In Government Organizations: Executive Engineer (or equivalent) and above.

90. Geotechnical Engineer. The Expert shall be continuously interacting with the EPC Contractor, to ensure planning, monitoring and coordinating of geotechnical and hydraulic investigations for the bridges and interpreting the findings thereof as per the standards and Specifications of EPC contract agreement.

91. Qualifications and Experience:

(i) Minimum Graduate in Civil Engineering from a recognized University and Post Graduate Degree in Geotechnical Engineering. (ii) Total Professional Experience of 15 years in Design/ Construction/ Maintenance of Highways. (iii) Out of 15 years, experience of 5 years in similar capacity as Geotechnical Engineer in construction supervision consultancy or Authority Engineer for the projects having a minimum 150 lane kilometers or equivalent highway projects. (iv) Experience as Pavement / Geotechnical Engineer in construction supervision consultancy or Authority Engineer for at least 2 major highway projects. (v) Experience in DPR preparation is an added advantage. (vi) Experience in soil exploration for structure foundations and for high embankments; • Similar capacity includes the following positions: • On behalf of Consultant: Geotechnical Engineer (Construction Supervision/IE/AE/DPR). • In Government Organizations: Executive Engineer (or equivalent) and above.

92. Senior Pavement Expert: The expert shall be continuously interacting with the EPC Contractor, to ensure life cycle cost effectiveness and viable design of pavement as per the standards and Specifications of EPC contract agreement. The Expert is responsible for day to day supervision of works of pavement to ensure implementation of project as per the EPC contract agreement and report noncompliance to TL if any. The Expert shall also be responsible for ensuring complete adherence to maintenance standards during Construction and Operations periods. Thus, the position requires a pavement specialist with thorough knowledge and understanding of international ‘best practices’ in the field of Design, Construction and maintenance of flexible type of pavements including latest code stipulations and specifications.

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93. Qualifications and Experience:

(i) Minimum Graduate in Civil Engineering from a recognized University and Post Graduate Degree in Geotechnical Engineering. (ii) Total Professional Experience of 15 years in Design/ Construction/ Maintenance of Highways. (iii) Out of 15 years, experience of 5 years in similar capacity as Geotechnical Engineer in construction supervision consultancy or Authority Engineer for projects having a minimum 150 lane kilometers or equivalent highway projects. (iv) Experience as Pavement/ Geotechnical Engineer in construction supervision consultancy or Authority Engineer for at least 2 major highway projects. (v) Experience in DPR preparation is an added advantage. (vi) Experience in soil exploration for structure foundations and for high embankments; (vii) Similar capacity includes the following positions: • On behalf of Consultant: Senior Pavement Expert (Construction Supervision/IE/AE/DPR). • In Government Organizations: Executive Engineer (or equivalent) and above.

94. Senior Quality/ Material Expert: The Senior Quality/Material Expert is responsible for monitoring and supervising works for compliance to quality standards and reporting noncompliance to the TL if any. The Expert shall establish the standards and procedures for monitoring of quality works. The Expert shall review the test results of bore holes, quarry and borrow area material to find out their strength characteristics and suitability for using them in construction. The Expert shall inspect the EPC Contractor’s field laboratories to ensure that they are adequately equipped and capable of performing all the specified testing requirements of the contract. The Expert shall review the quality assurance aspect of the construction works and supervise the setting-up of the various EPC Contractor’s rock crushers and bituminous mixing plants to ensure that the specified requirements for such equipment are fully met.

95. Qualifications and Experience:

(i) Minimum Graduate in Civil Engineering from a recognized University. Post Graduate Degree in Geotechnical Engineering/ Foundation Engineering/ Soil Mechanics is preferable. (ii) Total Professional Experience of 15 years, out of which at least 5 years as Senior Quality/ Material Expert or in similar capacity in Construction Supervision consultancy works or Authority Engineer Works of major highway projects. (iii) Experience as Senior Quality/ Material Expert or in similar capacity handling at least two similar highway projects. (iv) Exposure to quality assurance programs in highway projects using modern technology. (v) The candidate should have demonstrated capability of supervising the setting up, organization and layout of the various EPC Contractor field laboratories, monitoring the mobilization of the testing equipment to ensure that the laboratories are adequately equipped and capable of performing all the specified testing

90 Appendix C to PAM

requirements of the contracts, and supervising the setting up of the various EPC Contractor rock crushers and bituminous mixing plants to ensure that the specified requirements for such equipment are fully met. The candidate should have at least three years of experience in flexible pavement and bituminous mix designs. (vi) The candidate must be familiar with properties of road construction materials, technical specifications and procedures of material tests and testing equipment and should have past experience in working on road projects running on expansive soils. (vii) Experience as a Senior Quality/ Material Expert in EPC, Annuity, or PPP projects is preferred. (viii) Project experience less than one year in any project will not be considered in determining the experience in number of projects. (ix) Similar capacity includes the following positions • On behalf of Consultant: Senior Quality cum Material Expert (Construction Supervision/IE/AE/DPR). • In Government Organizations: Executive Engineer (or equivalent) and above.

96. Traffic & Safety Expert: The Traffic & Safety Expert shall review and check the traffic analysis, projection, and assignment exercises to be carried out by the Contractor. The Expert shall also review/design of intersections and interchanges, scheme for traffic management during construction period. The Expert shall also study and comment on safety audit report/ traffic management & safety plans prepared by the EPC Contractor. The Expert shall review and approve all the safety measures taken by the EPC Contractor during the execution period at site. Conformity to the safety requirement as per EPC Contract Agreement requirements and shall be checked and approved. This shall cover all the temporary structures, overhead launching girders, cranes, transverse gantries, equipment at pre-casting yard and at site, jack pushing operations of underpasses and level of awareness/training of site staff of Contractor. The Expert will also be responsible for reviewing all temporary works/ staging along with the structural/ bridge engineer from the safety point of view. The safety Expert will guide the field supervision teams and the EPC Contractor’s site officers in complying with adequate construction safety standards in worksites, plant sites and quarry locations (if quarries are independently operated by the EPC Contractors) and will undertake hands-on-training programs and conduct mock safety drills as required from time to time. The Expert will be coordinating and controlling, through the Team Leader’s office, all construction safety issues with the road safety consultant deployed by the authority and will be responsible for reporting and following up on construction safety issues/ lapses as appropriate. The Expert shall also review the various accidents and other insurance converges taken by the Contractor. The Expert shall report non compliances to TL immediately for taking immediate contractual remedies.

97. Qualifications and Experiences:

(i) Minimum Graduate in Civil Engineering from recognized University. Post graduate degree in Traffic /Transportation Engineering/Transport Planning is preferred. (ii) OSHAS certification will be preferred. (iii) With total Professional Experience of 15 years, out of which 5 years’ experience shall be as Traffic & Safety Expert on Major Highway of similar nature.

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(iv) Worked as Traffic & Transport Expert in at least two similar projects in similar capacity. (v) Experience in Road Safety Audit of at least 2 highway projects of similar complexity of projects having a minimum 150 lane kilometers or equivalent including 1 at design stage. (vi) International Exposure in the field of Road Safety Management Plan and experience in working with external aided projects is preferred. (vii) Experience with Road Safety Aspects and traffic management during various phases i.e. pre-construction, design/development/ construction stage, safety audit and studies of Highway Projects. (viii) Experience as a Traffic and Transportation Expert in EPC, Annuity, or PPP project and experience in external aided project is preferred. (ix) Project experience less than one year in any project will not be considered in determining the experience in number of projects. (x) Similar capacity includes the following positions: • On behalf of Consultant: Traffic and Safety Expert (Construction Supervision/IE/AE/DPR). • In Government Organizations: Executive Engineer (or equivalent) and above.

98. Environmental Expert: The Expert shall develop, organize and deliver environmental training programs and workshops for the staff of the Environmental Management Project Implementation Unit (EMPIU), PWD, EPC Contractor, Site Supervision Engineers and the PIU. Review the EPC Contractor’s Environmental Management Plan (EMP) in accordance with the relevant requirements of ADB’s Safeguards Policy Statement 2009 and Loan and Project Agreements. Supervise the implementation of the EMP by the EPC Contractor. Hold regular meetings with the EMPIU and Social Development and Resettlement Cell (SDRC) to exchange information on the issues emerging while implementing the EMP, forestry, and wildlife matters. Develop good practice construction guidelines to assist the EPC Contractor in implementing the EMP. Assist EMPIU and Environmental Monitoring consultants for periodic Environmental Monitoring (air, noise, water, etc.). Assist EMPIU to prepare and submit regular environmental monitoring and implementation progress reports. Assist EMPIU to prepare good practice dissemination notes based on the experience gained from site supervision.

99. Qualifications and Experience:

(i) Minimum Post Graduate degree in Environmental Engineering/Environmental Planning/Environmental Sciences from a recognized university. (ii) Professional experience of 15 years in environmental aspects of highway projects e.g. Environmental Impact Assessment, etc. (iii) Experience in implementation of EMP in externally aided projects such as World Bank or ADB is essential. (iv) The Expert should have adequate experience in implementing EMPs and organizing training for EPC Contractors and Authority staff.

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(v) The Expert should be familiar with requisite procedures involved in obtaining Environmental & Forest clearances for project roads passing through reserve forests, national parks or sanctuaries etc. (vi) In the capacity of Environmental Engineer, the Expert should have handled at least 2 projects of similar size and complexity. (vii) The Expert should have good knowledge of MOEF guidelines/requirements for mitigation measures. (viii) Project experience less than one year in any project will not be considered in determining the experience in number of projects.

100. Social and gender Expert: The Expert shall develop, organize and deliver social training programs and workshops for the staff of the PWD, Contractor, Site Supervision Engineers and the PIU. Review the Resettlement Plan in accordance with the relevant requirements of ADB’s Safeguards Policy Statement 2009 and Loan and Project Agreements. Review and assist work at site, duly liaising between contractor’s staff and PIU, to monitor and review social and gender issues. Hold regular meetings with the Social Development and Resettlement Cell (SDRC) to exchange information on the issues in implementing the contracts. Assist PIU to prepare and submit regular social monitoring and implementation progress reports. Assist PIU to prepare good practice dissemination notes based on the experience gained from site supervision.

101. Qualifications and Experiences:

(i) Minimum Post Graduate degree in Social Sciences or related disciplines from a recognized university. (ii) Professional Experience of 10 years in social aspects of transportation projects e.g. SIA, RPs, etc. (iii) Experience in implementation of RP, and gender action plans in externally aided projects such as World Bank or ADB is essential. (iv) The Expert should have adequate experience in implementing RPs, and gender action plan and organizing community consultations, awareness programs and training to Contractor and Authorities staff. (v) In the capacity of Social Expert, The Expert should have handled at least 2 projects of similar size and complexity (vi) The Project experience less than one year in any project will not be considered in determining the experience in number of projects.

102. Financial Expert. The Expert is responsible for verifying the financial model, package and other financial instruments submitted by the EPC Contractor with any noncompliance to be reported to the TL. The Expert shall assist the TL in financial issues involved in the EPC Contract Agreement.

103. Qualifications and Experiences:

(i) The candidate shall have a minimum qualification of MBA (Finance)/ Chartered Accountant. (ii) Minimum 5 years’ experience as a Financial Advisor particularly in the field of project financing.

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(iii) Working experience in the at least two Annuity, or PPP projects in similar capacity projects of size and complexity. (iv) Advisory experience in the field of transportation project would be desirable.

104. Contract Expert: The Expert is responsible for reviewing the financial and legal agreements furnished by the EPC Contractor. Any non-conformities and contradictions with the EPC Contract agreement are required to be reviewed and brought to the notice of the Authority and contractor through Team leader. The expert shall be available for giving opinions on all contractual issues raised in administering the EPC Contract agreement.

105. Qualifications and Experiences:

(i) Minimum Graduate in Civil Engineering from recognized University or L.L.B from a recognized University. (ii) Lawyer or Engineer with over 8 years’ experience in contracts and financial documentation related to project financing. (iii) Working experience in at least two Annuity, PPP projects in similar capacity of reviewing the Contract documents and Project Finance agreements. (iv) Involved in implementation of EPC contract agreements and review of financial and other legal agreements furnished by the EPC Contractor. (v) Advisory experience in transportation would be desirable.

106. Legal Expert: The Expert is responsible for reviewing the financial and legal agreements furnished by the EPC Contractor. Any non-conformities and contradictions with the EPC Contract agreement are required to be reviewed and brought to the notice of the Authority and Contractor through the Team leader. The expert shall be available for giving opinions on all legal issues raised in administering the EPC Contract agreement.

107. Qualifications and Experiences:

(i) Minimum L.L.B from a recognized University. (ii) Practicing Lawyer with over 8 years’ experience in contracts and financial documentation related to project financing. (iii) Working experience in at least Two Annuity, PPP projects in similar capacity of reviewing the Contract documents and Project Finance agreements. (iv) He shall be involved in implementing the EPC contract agreements and review of financial and other legal agreements furnished by the EPC Contractor. (v) Advisory experience in transportation would be desirable.

108. Survey Engineer. The candidate should be Graduate in Civil Engineering from a recognized University with at least 6 years’ experience in the field of surveying out of which 3 years should be for highway projects. The candidate should have involved in at least 1 similar highway project. Firms may deploy Survey Engineer with diploma in Civil Engineering/Survey having at least 10 years’ experience in the field of surveying, out of which at least 5 years should be in highway projects and they should have also dealt with at least 1 project of similar nature. This position requires thorough understanding of modern computer-based method of surveying with total station digital level etc. Candidates should have handled at least 2 major highway

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projects of similar size and complexity. Project experience less than one year in any project will not be considered in determining the experience in number of projects.

109. Assistant Highway Engineer. Graduate in Civil Engineering from a recognized university with professional experience of 6 years in supervision of Highway Projects. Should have handled at least one major two-, four- or six-laning project of similar size and complexity and have experience with highway projects on EPC, Annuity, or PPP Mode. Experience in Externally Aided projects is desirable. Project experience less than one year in any project will not be considered in determining the experience in number of projects.

110. CAD Expert. Graduate/Diploma in Civil Engineering from a recognized university having experience in computer related design methods for highway engineering. Professional experience of six years in CAD or similar design software, having worked on at least two major highway projects of similar size and complexity. Project experience less than one year in any project will not be considered in determining the experience in number of projects.

111. Environmental/ Safety Officer. Minimum Graduate in Environmental Engineering or related sciences from a recognized university. Professional experience of six years in environmental aspects of highway projects e.g. Environmental Impact Assessment, etc. Experience in implementation of EMP in externally aided highway projects is essential. Experience in road safety audits for at least two highway/ expressway projects of similar complexity having a minimum 150 lane kilometers or equivalent, including one project at design stage. Experience with Road Safety Aspects during various phases i.e. pre-construction, design/development/ construction stage, safety audit & studies of Highway Projects. Exposure in the field of Road Safety Management Plan and experience working with external aided projects is preferred. Project experience less than one year in any project will not be considered in determining the experience in number of projects.

112. Social and Gender Officer. Minimum Graduate in Social Sciences or related discipline from a recognized university. Professional experience of six years in social and resettlement and rehabilitation aspects of highway projects e.g. Social Impact Assessments, Resettlement Plans (RP) and gender action plans, etc. Experience in implementation of RP and gender action plans in externally aided projects is essential. Project experience less than one year in any project will not be considered in determining the experience in number of projects.

113. Assistant Bridge Engineer. Graduate in Civil Engineering from a recognized University. Professional Experience of six years in Bridge Design, two years out of a total six years’ experience in similar capacity for design of major highway bridges. Experience designing two major highway bridges. Design experience of major highway bridges of length 200 m or more. (excluding approaches). Project experience less than one year in any project will not be considered in determining the experience in number of projects.

114. Assistant Quality/ Material Engineer: Graduate in Civil Engineering from a recognized university, professional experience of 6 years. Experience of at least 2 years as Quality/ Material Expert or in similar capacity in construction / construction supervision /major highway projects. Experience in latest quality management techniques in highway projects using modern technology. Experience as Quality/ Material Expert or in similar capacity in handling of at least 2similar highway projects of similar size and capacity. Project experience less than one year in any project will not be considered in determining the experience in number of projects.

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115. Quantity Surveyor: Graduate in Civil Engineering from a recognized university, professional experience of 6 years. Experience of at least 2 years as Quantity Surveyor or in similar capacity as construction/ construction supervision/ major highway projects. Experience as Quantity Surveyor in EPC, Annuity, PPP projects. In a similar capacity, the expert should have handled at least two similar projects of size and complexity. Project experience less than one year on any project will not be considered in determining the experience in number of projects.

116. Horticulture and Landscaping Expert: Bachelor of Science degree from a recognized university with Horticulture as a subject preferably with post-graduate horticulture specialization. Minimum ten years’ experience in the area of horticulture / landscaping with 5 years in relevant field.

117. Surveyors: The candidate should have completed a Diploma/ Degree in Engineering from a recognized University. At least 2 years’ experience in the field of surveying out of which 1 years should be for highway projects and involvement in at least 1 similar highway project. Firms may deploy Survey Engineer with diploma in Civil Engineering/Surveying having at least 5 years’ experience in the field of surveying out of which at least 2 years should be in highway projects with at least 1 project of similar nature.

118. Laboratory Technicians: Candidates should be a graduate from a recognized University with at least 2 years’ experience in the field, out of which 1 years should be for highway projects.

G. Reports

119. The Consultant will prepare and submit the reports as listed in Table 3.

120. A review committee comprising of the following officers of the PIU-MSRIP will review all the reports submitted by the AE and will provide comments if any within 15 days:

(i) The Superintending Engineer, PIU-MSRIP (ii) The Executive Engineer, PIU-MSRIP (iii) The Deputy Engineer, PIU-MSRIP

121. Inception Report (5 copies). The Inception Report shall outline how the AE will implement the project. It shall illustrate the planning that the AE has done for the assignment, staffing and comments as deemed appropriate. The Authority will comment on the Report. The Inception Report must be submitted within three (3) weeks after mobilization and should also describe the final format that the AE proposes to use for the Monthly Technical Reports.

122. Monthly Technical Reports (5 copies). The AE shall, no later than the 7th of each month, deliver a brief progress report summarizing the work accomplished by each of the supervision teams for the preceding month. The Monthly Technical Report shall report on the health and safety, physical progress, status of payment of the contractor's monthly payment certificates, all claims for cost or time extensions, and actions required by the Authority to permit unconstrained works implementation. It shall include problems encountered and recommended solutions and a summary of the log from the meetings with the EPC Contractor. The draft outline for the monthly report is below:

(i) Health and safety at the work sites (the EPC Contractor must keep a log of accidents by category);

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(ii) Physical progress vis-à-vis the planned progress, including time and costs; Also, weekly progress log and issues on the construction sites; (iii) Explanations for variances to the above; (iv) Expenditures vis-à-vis the cash flow forecast and budget; (v) Explanations for variances to the above; (vi) Status of EPC Contractor claims and disputes, including EPC Contractor claims for time extension and compensation, variation order (change of scope) proposed and approved; (vii) Human resources, mechanical equipment and materials; (viii) Testing and quality control and inspections carried; (ix) Stakeholder issues; (x) Environmental management plan; (xi) Summary of problems encountered (administrative, technical, financial, etc.) and actions already taken or expected to be taken by the AE, or requested from the EPC Contractor to overcome these problems; (xii) Other relevant material and discussions; (xiii) Annexes: The Deviation Report, and other supporting information as necessary; (xiv) Summary of existing encumbrances like trees, electrical poles, water lines, underground utilities, public buildings etc. The time program commensurate with EPC Contractor work program to relocate these encumbrances; and (xv) Status of land acquisition.

123. Quarterly Reports (5 copies). The AE will prepare a report summarizing all supervision activities at the end of each quarter no later than the 15th of each quarter month. It should have roughly the same format as the monthly report, supplemented by the third-party quality monitoring team’s key findings and the AE’s responses to them. The AE’s quarterly report needs to contain quarterly cash flow projections in a format acceptable to the Authority (PIU-MSRIP). It should also identify updated budget estimates for all outstanding work. The Quarterly Report shall also include the matrix of the EPC Contractor’s deviation report and results on the quality assurance program, showing both the recent performance and overall trends. The AE shall submit a draft format for this report in the inception report.

124. Environmental and Social Safeguard Monitoring and Supervision Reports (5 copies). The AE shall prepare a separate bi-annual Environmental Social Safeguard Monitoring and Supervision Report, which includes changes in the environmental parameters supported by laboratory tests result as set out in the Environmental Management Plan (EMP). The report shall also quantify and assess the efficacy of the environmental impact mitigation measures and recommendation of the best practices.

125. Additional Technical Reports (5 copies). The AE shall prepare design reviews and other technical reports during the project from time to time. In particular, technical reports are necessary for each major design change from the (preliminary engineering design. Approvals prior to the issuance of substantial changes need to be included.

Appendix C to PAM 97

126. Draft Completion Report (5 copies). The AE will prepare the Draft Completion Report within 3 weeks of the completion of the construction works and issue of completion certificate in terms of provisions of CA clause 14.2. The Draft Completion Report will provide an overview of the project and whether the project has been successful. The report will include, but not be limited to:

(i) Overall review of the project, including safety and health data during project execution; (ii) Project timeline for completion; physical progress vs. the original program; (iii) Project costs vs. the original budget; (iv) Key issues in the design and explanations for variances to the preliminary design; (v) Description of additional work, and claims and their disposition; (vi) The final Quality Deviation Matrix; (vii) Other information that is requested by the Authority during project implementation; (viii) The third-party Quality Monitoring team’s Final Report as an Annex; and (ix) The AE will also consolidate all forms of communications between the Project stakeholders and shall submit the same to the Authority segregated on a monthly basis.

127. Monthly Progress Report during Operation and Maintenance Period (5 copies). The AE shall submit the monthly progress report on O & M covering compliances against the maintenance requirements as provided under Schedule K and as per other relevant sections of the EPC agreement.

128. Closure Report – Project Hand-Back Report (5 copies). The AE will prepare the Project Hand-Back Report within 3 weeks of the completion of the EPC contract period. The Project Hand- Back Report will provide an overview of the project and whether the project has been successful. The Report will include, but not limited to:

(i) Overall review of the project, including safety and health data during project execution; (ii) Description of additional work, and claims and their disposition (iii) Other information that is requested by the Authority during project implementation. (iv) The AE will also consolidate all forms of communications between the Project stakeholders and shall submit the same to the Authority segregated on a monthly basis (v) Compliance by the EPC Contractor with the maintenance requirements (vi) Hand back of all materials, tools, plant, equipment, facilities, etc., pertaining to the project highway that shall be handed over to the Authority by the EPC Contractor (vii) report on any liabilities or defects or deficiencies pertaining to the project highway.

98 Appendix C to PAM

Table 3: Reports to be Submitted by the Consultant Sl. Report Due Date No. of No. Copies 1. Inception Report Within 3 weeks of mobilization 5 2. Monthly Technical Report 7th of each month 5 3. Quarterly Report 15th of each quarter month 5 4. Additional Technical Report Periodically, as applicable 5 5. Draft Completion Report 3 weeks after completion of construction 5 6. Monthly Progress Report 7th of each month 5 (O&M) 7. Closure Report On completion of EPC Contract 5 Source: Maharashtra Public Works Department.

H. Employer’s Input and Counterpart Personnel

129. Services, facilities and property to be made available to the AE by the client:

(i) Data and services:

c. Entire copies of the EPC Contract Agreements, including bidding documents will be made available to the AE.

d. Necessary letters, which will be required for visas for foreign personnel and procuring of services by the AE to perform project services.

(ii) Accommodation, communication and vehicles. The AE will be responsible for making his own arrangements for all his accommodation (including the office of the Team Leader and associated staff stationed in his main office and his site staff). The AE should also make his own arrangements for office furniture, equipment, stationeries, photocopiers, communication facilities like telephones, web connections, facsimiles, etc. including maintenance thereof and vehicles for transportation of office staff/ field staff etc. (including operation, maintenance, insurances and repairs thereof). (iii) Laboratory facilities. Access will be provided to the EPC Contractor established quality control laboratory. The EPC Contractor will establish and maintain laboratory including testing equipment, water supply, electricity and cooling/heating equipment, which shall be made available for use by the AE. Maintenance of the laboratory by the EPC Contractor shall include the cost of electricity, water and all consumable for testing. The EPC Contractor will be responsible for carrying out tests for quality of soils/materials, etc. The AE shall be required to monitor lab testing and to carry out test checks as necessary to verify compliance with the EPC Contract Agreement.

I. PERFORMANCE CLAUSE

130. Authority Engineers shall be expected to fully comply with all the provisions of the `Terms of Reference’, and shall be fully responsible for supervising the Designs, Construction and maintenance and operation of the facility takes place in accordance with the provisions of the

Appendix C to PAM 99

EPC agreement and other schedules. Any failure of the Authority Engineer in notifying the Authority and the EPC Contractor on non-compliance of the provisions of the EPC Contract Agreement and other schedules by the EPC Contractor , non-adherence to the provision of terms of reference and non-adherence to the time schedule prescribed under the terms of reference shall amount to non-performance.

Appendix D to PAM

TERMS OF REFERENCE FOR CONSULTING SERVICES: PROJECT MANAGEMENT SERVICES

A. Background

1. The Government of India has applied for financial assistance from the Asian Development Bank (ADB) toward the cost of the proposed Maharashtra State Road Improvement Project with the primary objective of improvement of state highways / major district Roads, under Engineering Procurement and Construction (EPC) Contracts. Public Works Department, Maharashtra (MPWD) will be Executing Agency (EA) for MSRIP. To assist the MPWD in implementing the project, a project management consultant will be recruited.

B. Objective

2. The objective of the proposed project management consultancy services is to assist the MPWD to implement the project through:

(i) provision of project management and project output monitoring support through a project performance management system;

(ii) provision of support in procurement and contracts administration;

(iii) provision of support in implementation of project gender action plan (GAP).

(iv) monitoring and reporting of safeguards implementation (social and environmental safeguards).

(v) road safety auditing, road safety awareness, and road safety assessments;

(vi) preparation and implementation of systematic road maintenance program and budget estimation.

(vii) financial management support and training.

C. Contract Management Framework

3. A project management unit (PMU) and project implementation unit (PIU) has been formed under the MPWD to implement the project. It will act as the “Employer” and will be headed by a project director who will act as the “Employer’s Representative.” The PMU will be based in the state capital, Mumbai. The PIU will create separate sub-units to be exclusively in charge of the groups of civil works packages. The sub-units will be headed by a nodal officer assisted by appropriate support staff.

4. A consulting firm will be engaged as the project management services consultant. It will work in coordination with all project managers and/or nodal officers and report to the project director of the PMU.

D. Scope of Consulting Services

5. The scope of consulting services will include, but not necessarily be limited to the following:

Appendix D to PAM 101

1. Component 1: Project performance and monitoring

(i) develop a project management plan in sufficient detail to enable the project to be monitored as per the Employer’s requirements. (ii) provide overall project management services throughout the procurement of civil works, construction, commissioning stages, and the post-defect liability period. (iii) formulate and maintain a project performance management system in the format acceptable to the Employer and ADB. This task consists of (a) preparing the project performance management system in the initial stage in accordance with the ADB’s project design and monitoring framework, (b) monitoring the progress of the overall project implementation and the development impact of the project; and (c) collecting and updating the project performance indicator benchmarks, which include updating the baseline data in the design and monitoring framework. The design and monitoring framework as approved by ADB, or as under consideration by ADB, will be provided by the Employer upon engagement. (iv) undertake data collection and correlation on the project performance management system baselines for traffic volumes and travel times, environmental and social impact indicators and socioeconomic indicators, social and poverty reduction impact indicators. (v) update data at least annually to update baselines and assess the development changes and progress against the performance targets. (vi) assess the development changes and achievement of performance targets at project completion as well as at the project mid-term.

2. Component 2: Procurement and contract administration

(i) prepare project schedule and the corresponding projected contract awards and disbursements in consultation with the Employer, and provide ADB a realistic schedule for tendering, construction and commissioning. The consultant is to maintain and update the project schedule throughout the project. (ii) based on the type of bidding procedures and contracts as advised by the Employer, prepare bidding documents for any remaining works yet to be procured. The standard bidding document as approved by ADB will be available from the Employer; (iii) provide all necessary assistance for the procurement of contracts, including but not limited to, advertising the invitation to bid, bid clarifications, addenda, pre-bid meetings, bid openings, bid evaluation and reports, contract negotiations, and draft contract documents. (iv) based on the monthly progress report submitted by the Authority Engineer (AE) consultants, prepare quarterly progress reports with content and format to be agreed with the Employer and ADB. The quarterly progress reports will be approved by the Employer for submission to ADB.

3. Component 3: Safeguards

a. Social safeguards

(i) provide general support at the project level to the Employer in the implementation and monitoring of resettlement plans and gender-related activities; (ii) provide advisory services and guidance to the PMU/PIU in any matters pertaining to the implementation of the resettlement plans, gender-related activities,

102 Appendix D to PAM

grievance redress mechanism, application of international labor standard, and social impacts of the project; (iii) in coordination with the resettlement and rehabilitation social development specialists of the AE consultants, prepare the consolidated semi-annual social safeguard report. The social safeguard report will be approved by the Employer for submission to ADB and disclosure on the ADB website.

b. Gender Actions

(i) Provide support and assist the MPWD, PMU and PIUs in implementation of gender actions in the project; (ii) Provide support to implement, monitor, report and document the activities included in the project gender action plan; (iii) In coordination with the gender focal point and project gender and social specialist prepare a GAP implementation schedule to streamline GAP activities; (iv) Ensure that the set gender targets are met in all project activities (v) Prepare formats to collect, collate and report sex disaggregated data; (vi) Prepare the GAP progress reports every quarter and support PMU in its timely submission to ADB. (vii) Prepare and submit a consolidated completion report on gender results at the end of the project

c. Environmental safeguards

(i) provide general support at the project level to the Employer in implementation and monitoring of road-specific environmental management plans and any matters pertaining to occupational health and safety of construction workers; (ii) in coordination with AE consultants, provide support to the Employer in processing and approval of environmental safeguards-related permits and clearances such as tree-cutting permit, forestry clearance and others that will be required for the project roads; (iii) provide advisory services and guidance to the PMU/PIU in any matters pertaining to the implementation of the environmental safeguards, and in dealing with environmental issues that may arise during project implementation; (iv) in coordination with the environmental specialist of the AE consultants, prepare consolidated annual environmental monitoring report. The environmental monitoring report will be approved by the Employer for submission to ADB within 3 calendar months from the end of the respective reporting period and for disclosure on the ADB website.

4. Component 4: Road safety

(i) compile appropriate references for road safety audit and prepare a toolkit or manual for application in the project. The road safety audit will be performed at the road design stage (before construction) and at construction stage. (ii) perform road safety audit on the road design (pre-construction). Recommend corrective measures and discuss them with the Employer for incorporation in the construction works. (iii) in carrying out the road safety audit tasks, provide hands-on training for relevant MPWD staff (on one or two roads only). Training program should be developed and agreed with the Employer prior to execution.

Appendix D to PAM 103

(iv) prepare a road safety audit framework for post-construction stage. The road safety audit framework will be used by MPWD as the policy guideline and manual for post-construction road safety audit to be carried out internally by MPWD, or by external agencies such as India’s Central Road Research Institute. (v) conduct hands-on training for relevant MPWD staff in post-construction road safety audit on one or two roads. The training program should be developed and agreed with the Employer prior to execution. (vi) undertake road safety audits for 200 kilometers of other state highways not under the project, to be approved by the Employer. Recommend corrective measures and discuss them with the Employer for action by relevant contractors. (vii) prepare annual road safety audit reports for approval by the Employer. The report should contain (a) summary of overall road safety audit activities including trainings, (b) assessments on key issues and the recommended corrective measures, and (c) actions taken by the contractors. (viii) in coordination with the AE consultants, conduct road safety awareness sessions with the contractor personnel working on the project roads. Participation of all eligible women during the road safety awareness sessions is required and should be recorded. Annual road safety awareness reports should be produced to record the undertaking of the road safety awareness sessions. (ix) prepare a road safety assessment on all project roads. The study will assess the direct impact of the completed roads on road safety. Surveys and data collection before and after road construction or upgrade will be required to support the study. The study methodology, surveys and data collection (primary or secondary data) must be planned and approved by the MPWD prior to execution. (x) with supervision of and in coordination with the team leader and support from training officer, organize a knowledge sharing event on road safety. The event should involve (a) sharing of best practices on road safety by inviting experts or practitioners from Maharashtra, other states, the Ministry of Road Transport and Highways, and other countries (i.e. ADB member countries) who have suitable qualification and experience in road safety; (b) one-day seminar or workshop; and (c) inviting officials and practitioners in road projects (contractors, consultants, PMU/PIU staff), and other stakeholders including from private sector. The scope, planning and cost estimates for the event should be prepared in consultation with the MPWD and approved by the MPWD before execution.

5. Component 5: Road asset maintenance

(i) prepare a methodology to develop an annual systematic road maintenance program and the associated budget requirement for the roads financed under the ADB assistance. An appropriate software package and associated documentation should serve as the primary tool for the analysis, planning, and appraisal of the road maintenance improvements and investment decisions. The methodology must be prepared in consultation with the relevant MPWD staff. (ii) prepare and submit a report for approval of the Employer on the systematic road maintenance program of the improved MPWD roads. The report should contain: (a) assessment of current practice of maintenance, (b) gap analysis, and (c) description and steps in preparing systematic road maintenance program and the associated budget for implementation. This report will be used by MPWD as policy guidance and a manual for road maintenance for the roads under the project once the 5-year maintenance period is over. The report will also summarize the

104 Appendix D to PAM

maintenance works carried out to the time of the report on any of the construction contracts where maintenance has commenced. (iii) with the supervision of and in coordination with the team leader and support from the training officer, organize a knowledge sharing event on road maintenance. The event will involve (a) sharing of best practices on road maintenance by inviting experts or practitioners from Maharashtra, other states, the Ministry of Road Transport and Highways, and other countries (i.e. ADB member countries) who have suitable qualification and experience in road maintenance using the relevant road asset management systems/software; (b) organizing a three-day seminar or workshop; and (c) inviting officials and practitioners in road projects (contractors, consultants, PIU staff), and other stakeholders including from the private sector. The scope, planning and cost estimates for the event should be prepared in consultation with the MPWD and approved by MPWD before execution.

6. Component 6: Financial management

(i) review the financial management function and practices currently adopted by the MPWD and PMU and conduct gap analysis. (ii) develop a comprehensive financial management manual for the ADB project including functional flow charts and narrate the FM function. The manual shall cover all aspects of accounting and financial management of the program including but not limited to internal control structure, funds receipts & payments, maintenance of accounting records, preparation of periodic financial statements & reports (quarterly, annual) and auditing arrangements, along with necessary templates particularly templates required for submission to ADB. (iii) conduct training for the MPWD staff on general practices of project financial management, including on the use of the financial management manual. (iv) provide support to the project's financial staff to ensure they are aware of their duties and the relevant sections of project documents including the i) Loan and project agreements, ii) Project Administration manual, iii) ADB's loan disbursement handbook and financial management related publications as well the iv) national and ADB's anti-corruption policy and whistleblowing mechanisms. (v) assist the project in preparing annual budget estimates and in maintaining proper budget controls as well as in monitoring budget execution. (vi) review the adequacy and effectiveness of internal controls and make recommendations for improving systems and tools. verify that all project bank accounts are reconciled on a monthly basis and provide support in resolving reconciliation items (if any) (vii) undertake random visits to the regional/division offices and PIUs and review financial management and procurement functions, to ensure compliance with the relevant policies, procedures and practices and appropriateness of system of the project. (viii) provide support to the PMU, PIUs and divisional offices in maintaining separate books of account for the project and in ensuring all project expenditures are captured in the books of accounts in accordance with applicable accounting standards. (ix) verify payments for divisions activities to ensure appropriateness of documents and transaction and assist the divisional offices and the PMU in ensuring that all necessary supporting documentation as outlined in the ADB loan disbursement handbook is duly collected and verified before payment approval.

Appendix D to PAM 105

(x) assist the PMU in preparing withdrawal applications and in collection and filing of all supporting documentation in accordance with ADB loan disbursement handbook. (xi) assist the PMUs and divisional offices in preparing and submitting periodic financial reports in the agreed format and in a timely fashion. (xii) assist the PMU in: i) preparing consolidated quarterly financial reports and project annual financial statements in the agreed format and in a timely fashion as well as ii) reconciling the project accounts with the ADB disbursement data to ensure the all funds disbursed by ADB are correctly reflected in the periodic financial reports and the project financial statements. (xiii) support the project in the annual audit process and in the timely submission of the audit report to ADB within six months after the end of the fiscal year. (xiv) support the PMU in ensuring that all financial records are orderly filed and stored physically safe location (flood and fireproof) and daily/weekly electronic back up is maintained on an external server or hard drive and updated regularly. (xv) support the project in the follow-up of internal and external audit recommendations to further improve the internal controls of the project. (xvi) assist the project in implementing financial recommendations as agreed between the project and ADB during review missions.

7. Component 7: Internal audit

The scope of work of Internal Auditor is to determine whether the project’s risk management, controls, and compliance processes, as designed and represented by management, are adequate and functioning. The Internal Auditor must be independent from the firm/individuals responsible for the accounting and financial reporting of the PMU. The Internal Auditor should also review that whether projects’ control framework ensures that:

(i) Risks are appropriately identified and managed. (ii) Significant financial, managerial, and operating information is accurate, reliable and timely. (iii) Employees’ actions and transactions are in compliance with internal policies, standards, procedures, and external applicable laws and regulations. (iv) Resources are acquired economically, used efficiently, and adequately protected; (v) Programs, plans, and objectives are achieved; (vi) Quality and continuous improvements are fostered in the project’s control process; and (vii) Significant legislative and regulatory issues impacting the project are recognized and addressed appropriately.

The control assurance activities performed by Internal Auditor will include: (i) Reviewing the reliability and integrity of financial and operating information and how it is identified, measured, classified and reported. (ii) Reviewing the systems established to ensure compliance with laws and regulations. (iii) Reviewing systems established to safeguard assets, when appropriate, verifying existence of assets. (iv) Verify targets achievements. (v) Appraising the economical and efficient use of resources.

106 Appendix D to PAM

(vi) Evaluating the adequacy and effectiveness of project’s processes for controlling activities and managing risks. (vii) Testing key financial reporting controls in identified financial systems and processes. (viii) Identifying significant risks to the ability of the project to meet its objectives, communicating them to management and ensuring that management has taken appropriate action to guard against those risks. (ix) Performing early entry engagements to assist management in incorporating an adequate control structure in new systems and processes. (x) Reviewing the reports of the external auditors, monitoring compliance against recommendations of auditors and reporting the status to the Project Director, PMU and Secretary Roads, MPWD.

E. Implementation Arrangement

6. The consulting services will be implemented by a firm of national consultants across a duration of 48 months. The consultant selection will be in accordance with quality- and cost-based selection method using a quality and cost ratio of 90:10.

7. The suggested composition and associated intermittent time inputs for the project management consultant team are given in Table 1. The minimum time input for the national experts is 114 person-months. The internal audit function must be provided by a chartered accountant firm comprising of different specialists and be independent from the individuals responsible for accounting and financial reporting of the PMU.

Table 1: Project Management Consultant Staffing Requirements Table 1: Project Management Consultant Staffing Requirements No Position Person- Indicative months responsibility I Key national experts 1 Team leader/contract administration specialist – 1 24 Component 1 2 Gender and social development specialist – 1 12 Component 2 3 Environmental specialist – 1 12 Component 2 4 Procurement specialist – 1 6 Component 1 5 Road safety expert – 2 12 Component 3 6 Asset management specialist (road) – 1 12 Component 4 7 Financial management specialist – 1 12 Component 5 Total person-months 90 II Non-key national experts 8 Survey coordinator – 1 12 Component 1 9 Training officer – 1 12 Component 3, 4, 5 Total person-months 24 III Administrative & support staff Office manager-1 24 Accontant-1 24 Total person-months 114

Note: Time inputs above exclude requirements for internal audit. In responding to the RFP, the consultant should detail the estimated time inputs for a separate team of specialists to undertake the internal audit function.

Appendix D to PAM 107

8. For consultant selection, only the curriculum vitae of key experts (positions 1–8) will be evaluated.

9. The detailed requirements and importance (in terms of weighting) of each requirement are shown in the Evaluation Sheets included in the Appendix to the Data Sheet.

10. The preferred qualification and experience requirements for the project management consultant personnel are below:

Position 1 Team Leader/Contract Administration Specialist As the Team Leader, the expert will be responsible for overall coordination, personal management and delivery of the services. The expert should be familiar with contract administration under Engineering, Procurement and Construction (EPC) contracts. a) Qualifications Master’s degree or equivalent in civil engineering or related field. Membership in relevant professional institutions will be an advantage. b) Total professional experience 20 years c) Project-related experience 10 years of experience in contract administration, project management and implementation of highway projects. As a team leader, the candidate should have the experience as a team leader of at least three projects. d) Overseas/country experience Experience in projects financed by multilateral development banks such as ADB or other donor agencies.

Position 2 Gender and Social Development Specialist The expert will be responsible for coordination and delivery of the social safeguards and gender related components including implementation of gender action plan. a) Qualifications Master’s degree or equivalent in social sciences or related field. b) Total professional experience 15 years 10 years of experience in implementing or monitoring social components and gender action plans for developmental projects, preferably in c) Project-related experience transport sector. Familiarity with ADB policy on social safeguards, gender mainstreaming and project compliance monitoring and reporting is preferred. Experience in projects financed by multilateral development banks such d) Overseas/country experience as ADB or other donor agencies.

Position 3 Environmental Specialist The expert will be responsible for overseeing the smooth implementation

of environmental safeguards Master’s degree or equivalent in environmental sciences, environmental a) Qualifications engineering or related field. b) Total professional experience 10 years 7 years of experience in environmental impact studies and implementing or monitoring environmental management plans of developmental c) Project-related experience projects preferably in transport sector. Familiarity with ADB policy on environmental safeguards and on project compliance monitoring and reporting is preferred. Experience in projects financed by multilateral development banks such d) Overseas/country experience as ADB or other donor agencies.

Position 4 Procurement Specialist In coordination with the team leader/contract administration specialist, the expert will be responsible for procurement and contract administration support to the Employer. a) Qualifications Degree or equivalent in civil engineering or related field. b) Total professional experience 15 years

108 Appendix D to PAM

10 years of experience in procurement of civil works and contract c) Project-related experience management. Familiarity with ADB’s Procurement Regulations will be an advantage. Experience in projects financed by multilateral development banks such d) Overseas/country experience as ADB or other donor agencies.

Position 5 Project Performance & Monitoring Specialist In coordination with the team leader and PMU, the expert will be responsible for developing the project performance monitoring system,

collecting relevant data to define baseline targets and assessing the project’s achievements against the relevant targets. Degree in a relevant field such as economics, civil engineering or a) Qualifications equivalent work experience in infrastructure project monitoring and evaluation. b) Total professional experience 15 years 10 years of experience in infrastructure project evaluation and monitoring. c) Project-related experience Familiarity with ADB’s processes will be an advantage. Experience in projects financed by multilateral development banks such d) Overseas/country experience as ADB or other donor agencies.

Position 6 Road Safety Specialist (two experts) The expert will be responsible for the road safety component. Specifically, the expert will lead the road safety audit activities at design and construction phases of the project. Master’s degree or equivalent in civil engineering or related field. Certified a) Qualifications expertise in road safety audit will be an advantage. b) Total professional experience 20 years 15 years of experience in highway design, supervision and implementation of road projects. Familiarity with highway design code c) Project-related experience under the Indian Roads Congress is required. Relevant experience in design and implementation of road safety measures and road safety auditing accreditation. Experience in projects financed by multilateral development banks such d) Overseas/country experience as ADB or other donor agencies.

Position 7 Asset Management Specialist (Roads) (two experts) The expert will be responsible for the road maintenance component. Specifically, the expert will lead the preparation of the methodology to

develop maintenance planning with a longer-term horizon, which will guide the maintenance practices after the initial 5-years maintenance period. Master’s degree or equivalent in civil engineering or related field. a) Qualifications Membership in relevant professional institutions will be an advantage. b) Total professional experience 20 years 15 years of experience in highway design, supervision and implementation of road projects. Familiarity with highway design code c) Project-related experience under the Indian Roads Congress is advantageous. Significant experience related to road asset management is essential. Experience in projects financed by multilateral development banks such d) Overseas/country experience as ADB or other donor agencies.

Position 8 Financial Management Specialist (two experts) The expert will be responsible for the financial management component. Specifically, the expert will be responsible for the internal audit, preparation of financial management manual, assisting the PMU with budgeting, withdrawal applications, preparation of financial reports and running the training program. Chartered Accountant. Membership in relevant professional institutions a) Qualifications will be an advantage. b) Total professional experience 15 years

Appendix D to PAM 109

10 years of experience in financial management practices including internal and external auditing. Experience in financial management of c) Project-related experience ADB or multilateral development banks projects (e.g. the World Bank) will be an advantage. Experience related to road projects will be an advantage. Experience in projects financed by multilateral development banks such d) Overseas/country experience as ADB or other donor agencies.

Position 9 Survey Coordinator The survey coordinator will be responsible for assisting the team leader in arranging and coordinating the baseline surveys and the associated data compilation. a) Qualifications Degree or equivalent in engineering or social science or any related field. b) Total professional experience 8 years 3 years of experience in socio-economic impact survey and or traffic data c) Project-related experience collections of road projects. Experience in projects financed by multilateral development banks such d) Overseas/Country experience as ADB or other donor agencies.

Position 10 Training Officer The training officer will be responsible for assisting the road safety

specialist in the road safety training. a) Qualifications Degree or equivalent in engineering or social science or any related field. b) Total professional experience 8years 3 years of experience in training activities or any public consultation c) Project-related experience related to road projects. Experience in projects financed by multilateral development banks such d) Overseas/country experience as ADB or other donor agencies. Source: Asian Development Bank.

F. Additional Services

11. The consultant shall, if required by the Employer, provide any additional service at rates or on person-month rates as per the contract, or as mutually agreed upon, as a variation order.

G. Reports

12. The consultant will prepare and submit to the Employer the reports as listed in Table 2 based on the format prepared by the consultant and as approved by the Employer.

13. The inception report will be prepared as a refinement of the consultant’s proposal, and include any amendments on the work program, methodology and staffing based on findings during the 1-month inception period. It should contain the details of all meetings including the officials met.

14. The quarterly progress report shall be prepared based on the monthly progress report submitted by the two authority engineer consultants. It will contain at least a summary of progress based on the project performance management system, key issues including, delays, if any, and the proposed solutions or recommendations for corrective measures, details of all meetings, decisions taken therein, mobilization of resources (the consultant and the contractors), physical and financial progress and the projected progress for the forthcoming periods and the overall implementation of environment, social and resettlement safeguard requirements.

15. The final report shall be prepared as a comprehensive final completion report of the PMS, summarizing: (i) details of personnel mobilizations, (ii) contract administrations (variations, extensions, etc.), (iii) summary of project achievement against the design and monitoring

110 Appendix D to PAM

framework indicators at the project management consultant demobilization stage, and (iv) lessons from the project and the project management consultant’s recommendations for future similar MPWD road projects.

Table 2: Reports to be Submitted Sl. Report Frequency Due Date No. of No. of No. Copies CDs 1. Inception report One time Within 30 days after 5 1 commencement of services. 2 Project performance monitoring Annually 30 days following the end of 5 1 and evaluation report reporting 12 months 3. Quarterly progress report Every 3 30 days following the end of 5 1 months reporting quarter 4. GAP progress report Every 3 30 days following the end of 5 1 months reporting quarter 5. Consolidated report on GAP One time Within contract period 5 1 capturing gender equality results 6. Consolidated social safeguard Semi-annually 30 days following the end of 5 1 report reporting 6 months 7. Consolidated environmental Semi-annually 30 days following the end of 5 1 monitoring report reporting 6 months 8. Annual road safety audit report Annually 30 days following the end of 5 1 reporting 12 months 9. Road safety study report One time Within contract period 5 1 10. Internal audit report Semi-annually 30 days following the end of 5 1 reporting 6 months 11. Road asset maintenance report One-time Within contract period 5 1 11. Final project completion report One time End of contract 5 1 Source: Asian Development Bank.

H. Staffing Schedule

16. After award of the contract for the consulting service, the Employer expect all the proposed key personnel to be available during the implementation of the contract as per the agreed staffing schedule. The Employer will not consider substitutions during contract implementation except under exceptional circumstances. In case of such replacements, the consultant will ensure that there is a reasonable overlap between the staff to be replaced and the replacement wherever feasible.

I. Consultant’s Proposal Submission

17. These terms of reference are prepared to address the project management consultant package in a general way. The shortlisted consultants are advised to inspect the project sites and to acquaint themselves with the ground realities. The consultants are also advised to go through the bidding documents of the associated construction packages which have been put to tender by the Employer before the submission of the proposal and include the provisions required thereof for meeting the contract requirements.

J. Employer’s Input and Counterpart Personnel

18. The Employer will make available the detailed project reports for each contract package which have been prepared generally in accordance with the Indian Roads Congress standards.

Appendix D to PAM 111

19. The Employer will also assign sufficient and relevant MPWD staff to participate in the capacity-building activities and hands-on training related to road safety and road maintenance.

Appendix E to PAM

TERMS OF REFERENCE FOR CONSULTING SERVICES: RESETTLEMENT PLAN AND GENDER ACTION PLAN IMPLEMENTATION

A. Project Background

1. The Government of India has applied for financial assistance from the Asian Development Bank (ADB) toward the cost of the proposed Maharashtra State Road Improvement Project. The project aims to improve road connectivity in the state of Maharashtra by upgrading and maintaining 11 state highways and 2 major district roads, totaling about 450 kilometers (km).

2. Nine resettlement plans have been prepared for the project in compliance with the applicable state government, Government of India, and ADB policies and legal frameworks. This project is considered Category B for involuntary resettlement. The project requires an independent consultant for external monitoring and reporting of resettlement plan implementation.1

3. The project is classified as effective gender mainstreaming. A Gender Action Plan (GAP) has been prepared which delineates activities with indicators and targets, responsible agencies and time frame in order to ensure effective implementation, monitoring and reporting of GAP activities. The consultant/NGO is required to implement the project gender action plan.

4. All possible steps have been taken to minimize land acquisition and demolition of structures so as to reduce adverse impacts on people settled along the road. Based on the State Resettlement and Rehabilitation (R&R) Policy, GOI norms and ADB R&R policies, MPWD has prepared Resettlement Plans (RP) to deal with involuntary resettlement involve in the entire Project. All RPs have been prepared based on census and baseline socioeconomic surveys conducted in the fields.

5. To assist in the implementation of the RPs for the road project, MPWD now invites the services of eligible NGOs.

B. The objectives of the consultancy services are as given below:

6. Resettlement Plan Implementation

• The Consultant will be the main link between the Client including project management unit (PMU), project implementation unit (PIU) and project affected persons (PAPs) • The Consultant shall undertake public information campaign along with Rehabilitation & Resettlement Officer (RRO) at the commencement of the RAP &TDP,

1 According to ADB Safeguard Policy Statement (SPS-2009), Involuntary Resettlement Category A: Significant means 200 or more affected people will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating). Involuntary Resettlement Category B: Not Significant include involuntary resettlement impacts that are not deemed significant as per the ADB Operational manual Involuntary Resettlement Category C: No involuntary resettlement impacts. A resettlement plan is required in case of both category A and B project.

Appendix E to PAM 113

• The Consultant shall be responsible for verification of PAPs as prepared by the DPR Consultant, • The Consultant shall develop rapport with PAPs, • The Consultant shall distribute pamphlets of rehabilitation and resettlement policy to PAPs, Panchayat Raj institutions, and concerned government offices in the project area, etc. • The Consultant shall include PAPs who could not be enumerated during census cum socio-economic survey and ensure certification from RRO, • The Consultant shall prepare format for making identity cards for PAPs • The Consultant shall prepare and distribute photo identity cards, • The Consultant shall undertake valuation of affected structures, land under acquisition, CPRs, trees and other private properties as detailed in Entitlement Matrix in the RPF, • The Consultant shall prepare Micro Plans, • The Consultant shall submit a Micro Plans to RRO for approval from Client, • The Consultant shall organize consultations at regular interval with PAPs with regard to resettlement and rehabilitation, • The Consultant shall organize training program for skill up gradation of the PAPs, • The Consultant shall assist PAPs in all matters related to rehabilitation and resettlement, • The Consultant shall assist and facilitate aggrieved PAPs by bringing their cases to Grievance Redressal Committee (GRC), • The Consultant shall facilitate opening of joint account of PAPs, • the Consultant shall generate awareness about the alternative economic livelihood and enable PAPs to make informed choice, • The Consultant shall carry out periodic consultations with PAPs regarding the choice of resettlement (i.e. self or assisted), development of resettlement site, participation of women, etc. • The Consultant shall identify training needs of PAPs for income generation and institutions for imparting training, • The Consultant shall carry out consultations with local people and Panchayat Raj Institutions with regard to relocation, rehabilitation, reconstruction of affected common property resources (CPRs) as well as availability of new facilities under the project, • The Consultant shall participate in various meetings, • The Consultant shall submit monthly progress report, and • The Consultant shall carry out any other activities that may be required for the implementation of RAP &TDP, etc.

7. Implementation of Gender Action Plan (GAP)

8. The gender action plan outlines activities to (i) enhance women’s economic and human development opportunities; (ii) build institutional gender capacities through gender trainings for staff, consultants and contractors; (iii) strengthen the technical and management capacities of women staff on road safety; (iv) create spaces for women’s participation in decision-making and leadership; (v) reduced time poverty; and (vi) promote gender responsive infrastructure by ensuring elderly, women, child and differently-abled (EWCD) road and bus shelter design features. This component will include a pilot initiative of additional design features, such as solar lights and information on women centric schemes, women empowerment messages and help line numbers in select bus shelters. The project 114 Appendix E to PAM

will maintain sex disaggregated data on staff, consultants, construction workforce participation, labor and project related trainings.

9. The NGO will undertake the following activities with regard to project GAP implementation:

• Provide support and assist the MPWD, PMU and PIUs in implementation of gender actions in the project; • Provide support to implement, monitor, report and document the activities included in the project gender action plan; • Under guidance from the gender focal points in MPWD and PIUs; and project gender and social specialist in PMS prepare a GAP implementation schedule to streamline GAP activities especially the community activities; • Mobilize and encourage participation of women and girls from the local community in the community activities including labor, consultations, and health camps; • Conduct all community activities as included in the project gender action plan including consultations, awareness activities and health camps; • Ensure that the set gender targets are met in all project activities; • Collect, collate and report sex disaggregated data to PIUs monthly on all human parameters including labor, staff, trainings, and participation in community activities; • Prepare the GAP progress reports every month and support PIU in its timely submission to PMU and subsequently to ADB as quarter progress reports. • Prepare and submit a consolidated completion report on gender results including the consolidated GAP achievements; documenting women testimonies and summarizing the gender equality results achieved during the project.

C. Scope of the Consultancy Services, Tasks and Expected Deliverables 10. The Consultant shall play a role of secondary stakeholder in implementation of the RAP including TDP as applicable and in mitigating the adverse effects of the project. The Consultant shall remain responsible for the development of a comprehensive livelihood system to facilitate the project displaced persons to take advantages of the options available as per the RAP. The Consultant shall assist the Client including PMU and PIU in ensuring social responsibilities of the Client, such as, compliance with labor laws, prohibition of child labor, HIV/AIDS, gender and tribal issues. The Consultant shall work in close coordination with RRO in carrying out the tasks.

11. Verification and Creation of PAPs Database. 12. All Verification has to be conducted jointly with RRO. The RRO shall undertake joint verification of the project displaced persons and shall create the database of the eligible PAPs along with their road chainage and distance from center line. The Consultant shall verify the information already contained in the RAP and the individual losses of the PAPs and validate the same and make suitable changes if required. During the identification and verification of the eligible PAPs, the Consultant shall ensure that each of the PAPs are contacted and consulted. The Consultant shall ensure consultation with the women from the PAP families especially women-headed households. The Gender Expert in the team of the Consultant will personally remain responsible for all consultations with women. 13. Verification exercise shall include actual measurement of the extent of total property loss/damage, and valuation of the loss/damage/affect along with the RRO. The Consultant shall display the list of eligible PAPs in prominent public places like Panchayat Offices, Taluk and District Headquarters.

Appendix E to PAM 115

14. The Consultant has to identify any private or community structure built within the Right of Way (ROW) after the cut-off date and notify the same to the PIU. The Consultant shall through consultation facilitate removal of the said ineligible project affected structures as per RPF from the ROW and inform them that any project benefits do not apply to them.

15. Distribution of Identity Card 16. After verification the Consultant shall distribute identity cards to all eligible Project Affected Households (PAHs). The identity card should include a photograph of the head of the household, the extent of loss suffered due to the project, and the choice of the entitlements with regard to the mode of compensation and assistance, with necessary family details. The Identity Cards are to be signed by the Team Leader of the consultant and RRO.

17. Consultation 18. The Consultant shall educate the PAPs on their rights, entitlements and obligations under the Resettlement Action Plan. It shall disseminate information to the PAPs on the possible consequences of the project on the communities’ livelihood systems and the options available, so that they do not remain ignorant. It shall explain to the PAPs the need for land acquisition, the provisions of the policy and the entitlements under the RAP. This shall include communication to the roadside squatters and encroachers about the need for their eviction, the timeframe for their removal and their entitlements as per the RAP. The Consultant shall carry out consultations in separate groups by gender and caste in culturally appropriate manner as required to ensure effective participation in the implementation process.

19. R&R Cost Estimation 20. The Consultant shall undertake valuation of affected structures, land under acquisition, common property resources (CPRs), trees and other private properties as detailed in the Entitlement Matrix in Resettlement Policy Framework (RPF).

21. Preparation of Micro Plan 22. The Consultant shall prepare Micro Plans indicating category of entitlement. A separate plan has to be prepared for shifting of community assets. The Micro Plans may be prepared for Non -Titleholders separately.

23. Disbursement of Assistance and Delivery of Entitlements 24. The Consultant shall ensure that PAPs obtain their full entitlements under the RAP. Where options are available, the Consultant shall provide advice to PAPs on the relative benefits of each option. 25. The Consultant shall assist the PIU in ensuring a smooth transition helping the PAPs to take salvaged materials and shift with proper notices. In close consultation with the PAPs, the Consultant shall inform the PIU about the shifting dates agreed with the PAPs in writing and the arrangements desired by the PAPs with respect to their entitlements. 26. The Consultant shall assist the PAPs in opening bank accounts explaining the implications, the rules and the obligations of a joint account and how he/she can access the resources he/she is entitled to. 27. The Consultant shall ensure proper utilization of assistance made available under the RAP to the PAPs. The Consultant will be responsible for advising the PAPs on how best to use any cash that may be provided under the RAP. Emphasis should be placed on using such funds in a sustainable way e.g. purchasing replacement land for that acquired. The 116 Appendix E to PAM

Consultant shall ensure proper utilization of the Rehabilitation & Resettlement Budget available for the project. It shall identify means and advise the RRO to disburse the entitlements to the eligible persons/families in a transparent manner and shall report to the PIU on the level of transparency achieved in the project. 28. Grievance Redressal 29. The Consultant shall make PAPs aware of the grievance mechanism set out in the RAP and shall assist PAPs who have grievances to pursue a suitable remedy. The Consultant shall help the PAPs to file a grievance application. 30. The Consultant shall maintain a log of the grievances directly received by them and forward the same to the designated complaint officer as per GRM within 7 (seven) days of receipt of the grievance from the PAPs. It shall submit a draft resolution with respect to the particular grievance of the PAP, suggesting solutions, if possible, and deliberate on the same in the GRC meeting through the Consultant representative in the GRC. 31. The Consultant shall assist in the GRC process whenever necessary.

32. Coordination between PAPs and the PIU 33. The Consultant shall develop rapport between the PAPs and the project PIU. This will be achieved through regular monthly meeting with both the PIU representatives and the PAPs. All meetings and decisions taken are to be documented. The Consultant shall also coordinate with independent monitoring agency and share project data as requested.

34. Public Information Campaign 35. The Consultant shall assist the RRO to undertake public information campaign at the commencement of the project to inform the affected communities of the project RAP, the Resettlement Policy Framework and the entitlement package, Suggestion and Complaint Handling Mechanism etc.

36. Village Level Meetings and Progress Reporting in the Gram Sabhas 37. The Consultant shall ensure that village level meetings are held in every village with special emphasis on PESA – applicable villages. The frequency of such meetings will depend on the requirements of the PAPs, to allow the PAPs to remain up to date on project developments. Besides contacting PAPs on an individual basis to regularly update the baseline information, progress shall be reported in the Gram Sabhas by the Consultant. The Consultant will encourage participation of individual PAPs in such meetings by discussing their problems regarding land acquisition, rehabilitation and resettlement and other aspects relating to their socioeconomic lives. Such participation will make it easier to find a solution acceptable to all involved.

38. Reporting the Status of PAPs after shifting 39. The Consultant shall submit a status report of the PAPs to the PIU post relocation.

40. Road Safety Awareness 41. The Consultant shall prepare road safety awareness advocacy material for (a) drivers and (b) community and pedestrians for further dissemination along all project roads. The Consultant shall also conduct road safety awareness to the children of schools and community at large in the villages located along the project by way of training, distribution of pamphlets and fixing of posters.

42. Assistance to the PIU in activities with respect to HIV Awareness Campaigns/ Child Labor/ Gender Mainstreaming / Tribal Development/Social Welfare

Appendix E to PAM 117

43. The Consultant shall assist the PIU to implement information campaign/advertisement in collaboration with existing health infrastructure and agencies such as, State AIDS Control Organization, Technical Support Units (TSU), District AIDS Prevention and Control Units DAPCU (if present in the project area) and PLHIV network etc. including provision of signage/hoardings at suitable locations, distribution of vehicle stickers and provision of condom vending machines at suitable locations (rest areas, truck parking lay-byes etc.) apart from collaborating with existing agencies. 44. The Consultant shall ensure in collaboration with PIU that medical facilities and health checkups which may include detecting STD/AIDS for the workers are provided at the construction camps. 45. The Consultant shall assist PIU to ensure that the contractors comply with applicable labor laws (including prohibition of child labor) and maintain conducive environment for women participation in the labor force. 46. The Consultant shall support PIU in implementation of Tribal Development Plan in consultation with likely affected tribal community as per the Tribal Development Plan in the RAP, as applicable.

D. Team Composition and Qualification Requirements & Duties of Key Experts and Non- Key Experts

47. The Consultant’s team shall comprise of following Key Experts. Duration of services of Key Experts is indicated against each: a) Position K-1 (Team Leader cum R&R Expert)-10 person-months. b) Position K-2 (Social Development Expert) -10 person-months c) Position K-3 (Gender Expert)- 10 person-months d) Position K-4( Charted Valuer)-6 month

48. The qualification requirements of the Key Experts are given below.

Team Leader cum R&R Expert: The Team Leader cum R&R Expert should be a post-graduate in social sciences. He/she should have about 10 years’ experience in implementation of R & R works. He should have held responsible position in the previous assignments and should possess participatory management skills. Knowledge of local language is a desirable qualification. The Team Leader cum R&R Expert must have been with the Consultant for at least 2 years. Team Leader cum R&R Expert should have completed R&R work in at least 2 highway projects in the capacity of Key Expert one of which should be in World Bank or externally aided project.

Social Development Expert: The Social Development Expert should be a post-graduate in social sciences. He/she should have about 7 years’ experience in implementation of R & R works. Knowledge of local language is a necessary qualification. The Social Development Expert should have completed R&R work in at least 1 infrastructure project in the capacity of Key Expert. Experience in training and livelihood restoration activities is must.

118 Appendix E to PAM

Gender Expert: The Gender Expert should be a post-graduate in social sciences. He/she should have about 7 years’ experience in implementation of social development and gender equality projects and community welfare programs. Knowledge of local language is a necessary qualification. Should have the ability to engage with women and marginalized groups. He/she should have completed community outreach and awareness work in at least 3 social welfare projects in the capacity of key expert.

Charted Valuer: Charted Valuer should be Civil Engineer, having experience in deals drawing, specifications and costing procedure for different Type of building, He /She should have at least 7-year experience, preferable be experience in replacement costing for R&R works for building and Public assists

E. Reporting Requirements & Time Schedule for Deliverables

49. The Consultant will submit reports as well as photographs, videotapes etc. taken during the assignment along with an electronic copy of the documents. All reports should be in English language only. However, the supporting documents can be attached in local language along with the translated versions/summaries in English. The details of documents to be submitted are given below:

Inception Report The Consultant shall submit to the PIU an inception report-detailing plan of action, manpower deployment, time schedule, and detailed methodology within 15 days of the commencement of the assignment. Monthly progress Reports The Consultant shall submit monthly progress reports on the activities carried out during that month and proposed activities for the coming month. The monthly progress reports will include data on input and output indicators as required by the PIU, with work charts as against the scheduled timeframe of RAP implementation. All progress reports shall include data on input and output indicators as required by the PIU. The Consultant shall document in full details, the consultation/counseling processes, the process of identification of the resettlement sites, and a full description of the training imparted (or facilitated) as part of the assignment. The progress achieved in land acquisition as per entitlements have to be documented. This documentation shall be submitted to the PIU as a part of the monthly progress report. Copies of the monthly report have to be submitted to PIU and PCU.

Monthly and quarterly progress report on GAP implementation The Consultant shall submit monthly reports to the PIUs; and quarterly progress reports on the GAP activities carried out during the quarter and proposed activities for the coming quarterly. Final Report The Consultant shall submit a completion report at the end of the contract period summarizing the actions taken during the project, the methods and personnel used to

Appendix E to PAM 119

carry out the assignment, and a summary of supports/assistance given to the PAPs, overall physical progress on the key activities under the RAP implementation. GAP completion report The Consultant shall also submit a GAP completion report at the end of the contract period submitting the consolidated GAP achievements matrix; documenting and summarizing the gender equality results achieved during the project. Records of Meetings The Consultant shall prepare minutes of the meetings of GRC, Gram Sabhas, meetings between PIU and PAPs etc. and submit to (i) PIU and (ii) PCU. Record of Grievances The Consultant shall record all grievances and the process of redressal documented and submitted to (i) Assistant Commissioner/SDO; (ii) PIU and (iii) PCU on a monthly basis. Submission of Micro Plans The Consultant shall submit all Micro Plans with the status of disbursement and payment of compensation, on a monthly basis. Where changes occur during the project implementation requiring changes in the Micro Plans, the Consultant will update the relevant plans and resubmit them to the (i) PIU and (ii) PCU. F. Data, services, and facilities to be provided by the Client:

50. The PIU will provide to the Consultant copies of the RAP, Social Impact Assessment Report, PAP database, land acquisition details, and any other relevant reports/data prepared by the DPR Consultants.

G. Payments, Time Schedule, Site Office and Other Conditions

51. The Consultant shall ensure that the RAP is implemented in an effective and proper manner. The prime responsibility of the Consultant shall ensure that each and every eligible PAP receive appropriate and due entitlement as per the entitlement matrix given in RAP. Additionally, the Consultant shall help the PIU in all other matters deemed to be required to implement the RAP in its spirit and entirety. 52. All documents created, generated or collected during the period of contract, in carrying out the services under this assignment will be the property of the PIU. No information gathered or generated during and in carrying out this assignment shall be disclosed by the Consultant without explicit permission of the PIU.

53. Consultant’s Site Office 54. The Consultant will open a site office at project road section and function from there. All costs associated with the site office shall be borne by the Consultant.

55. Time Schedule 56. It is estimated that the Consultant services will be required for 10 months for participating in the implementation of RAP. The Consultant shall carry out all assigned tasks based on the timelines as set out in the table in para 31 below. 120 Appendix E to PAM

57. Payment 58. Payments to the Consultant will be made in stages on completion of the tasks/deliverables as given below along with timeline for tasks/deliverables:

Sr. Payment Task/deliverable Timeline No. Schedule

1. Submission of Inception Report 1 month 10% Contract Price 2. a) Joint verification of assets within 3 months 20% of Contract Corridor of Impact, information, Price dissemination and distribution of rehabilitation and resettlement policy b) Distribution of Identity card to eligible PAPs c) Submission of Micro plan for 100% Non- Title Holder and approval d) Collection of baseline data including institutional data such as number of project staff across positions in PMU and PIUs, and brief socio-economic profile of the project area, estimated beneficiaries in project area, and need assessment for the health camps e) Submission of quarterly GAP progress report 3. a) Submission of Micro Plan for 50% of 9 months 20% of Contract total Title Holders Price b) Disbursements of assistance to 50% of total PAHs c) Final data analysis report containing additional and or missing census details. d) Identification of relocation sites for shifting of PAPs/CPRS e) 3 health camps organized for at least 30 persons per health camp (Target: 30 (50%) women; and 2 health camps organized for 60 women on breast and cervical cancer awareness

4. a) Submission of Micro plan for 12 months 20% of Contract 100%Title Holders and approval Price b) Disbursement of assistance to 80% of total PAPs d) 3 health camps organized for at least 30 persons per health camp (Target:

Appendix E to PAM 121

Sr. Payment Task/deliverable Timeline No. Schedule

50% women); and 2 health camps for 60 women on breast and cervical cancer awareness d) Submission of quarterly GAP progress report 5 a) Completion of road safety awareness. 15 months 5% of Contract b) Completion of HIV / AIDS awareness. Price c) 2 health camps organized for at least 30 persons per health camp (Target: 50% women); and 1 health camps for 30 women on breast and cervical cancer awareness 6. a) Disbursement of assistance to 100% of 18 months 5% of Contract total PAPs. Price b) 2 health camps organized for at least 30 persons per health camp (Target: 50% women); and 2 health camps for 60 women on breast and cervical cancer awareness c) Submission of Final Report 24 months 20% of Contract d) Submission of final GAP report with Price brief reports on health camps

Appendix F to PAM

GENDER ACTION PLAN REPORTING TEMPLATE Progress for the Cumulative Progress Reporting Period (MM/YYYY to MM/YYYY) (MM/YYYY to MM/YYYY) (This should include information Issues and (This should include on progress— Challenges information on progress qualitative and quantitative (Please include for the updates, including sex- reasons why an current quarter— disaggregated activity was not fully qualitative and data, from the start of the implemented, quantitative updates, implementation of the GESI AP to or if targets fall short, including sex- the previous quarter’s progress or reasons for ACTIVITY INDICATORS AND TARGETS disaggregated data) report.) delay, etc.) Output 1: State highways and major district roads of the core road network upgraded and maintained 1.1. Road upgraded 1. Road safety features friendly to infrastructure incorporates elderly people, women, children, EWCD-friendly design and and people with disabilities safety measuresa installed at 50 appropriate locations (2019 baseline: 0) 1.2. EWCD-friendly bus 2. 50 (100%) bus shelters shelters constructed in state constructed on state highways highwaysb have EWCD-friendly features (2019 baseline: 0) 1.3. Solar light provision 3. 50 (100%) of bus shelters included in bus shelters close identified and fitted with solar lights to educational and health (2019 baseline: 0) facilities on a pilot basis 1.4. Information on women- 4. 50% bus shelters include specific schemes, women information on women-specific empowerment, and helpline schemes, women empowerment, numbers included in bus and helpline numbers shelters (2019 baseline: 0) 1.5. Organize health camps 5. 10 health camps organized in all for women at different roads for at least 30 EWCD habitations alongside the persons per health camp (Target: highway with representation 50% women) of women community (2019 baseline: not applicable) members 6. 5 health camps for 150 women on breast and cervical cancer awareness and on road safety and sexually transmitted infections (including HIV) awareness (2019 baseline: not applicable) 1.6. Conduct gender-based 7. Contractors provided with an awareness for contractors, advisory on enhancing female 122 Appendix F to PAM

Progress for the Cumulative Progress Reporting Period (MM/YYYY to MM/YYYY) (MM/YYYY to MM/YYYY) (This should include information Issues and (This should include on progress— Challenges information on progress qualitative and quantitative (Please include for the updates, including sex- reasons why an current quarter— disaggregated activity was not fully qualitative and data, from the start of the implemented, quantitative updates, implementation of the GESI AP to or if targets fall short, including sex- the previous quarter’s progress or reasons for ACTIVITY INDICATORS AND TARGETS disaggregated data) report.) delay, etc.) especially on engaging workforce participation and female workforce and maintaining sex disaggregated data enhancing their participation on construction workers across skilled and unskilled (2019 baseline: not applicable) categories 8. At least 80% contractors’ personnel, including 80% eligible women personnel, report increased awareness in road safety and sexually transmitted infections (including HIV) (2019 baseline: not applicable) 9. Post-training survey conducted to assess enhanced awareness in road safety and sexually transmitted infections (including HIV) (2019 baseline: not applicable) Output 2: Sustainability of state highways improved 2.1. Organize technical and 10. At least 100 eligible MPWD management capacity- staff, of which 20% are women (20 building trainings for MPWD women staff), reported increased project staff knowledge in climate adaptation and resilience features applicable to road design (2019 baseline: not applicable) 11. A post training assessment survey conducted to assess how participants evaluate acquired knowledge and skills (2019 baseline: not applicable) 12. At least 50 eligible staff, of which 20% are women (10 women staff), report increased knowledge Appendix F to PAM

Progress for the Cumulative Progress Reporting Period (MM/YYYY to MM/YYYY) (MM/YYYY to MM/YYYY) (This should include information Issues and (This should include on progress— Challenges information on progress qualitative and quantitative (Please include for the updates, including sex- reasons why an current quarter— disaggregated activity was not fully qualitative and data, from the start of the implemented, quantitative updates, implementation of the GESI AP to or if targets fall short, including sex- the previous quarter’s progress or reasons for ACTIVITY INDICATORS AND TARGETS disaggregated data) report.) delay, etc.) in technical capacity on road safety auditing (2019 baseline: not applicable) 13. A post training assessment survey conducted to assess how participants evaluate acquired knowledge and skills (2019 baseline: not applicable) 2.2. Organize gender 14. All (100%) MPWD project staff, trainings and GAP orientation including 90% women project staff, for MPWD project staff trained on GAP implementation, monitoring, and reporting (2019 baseline: not applicable) 2.3. Project PMIS includes 15. Sex-disaggregated data on gender-specific information project staff, consultants, workforce and sex disaggregated data, participation, labor, and project as relevant related orientation and training programs are maintained and reported in progress reports 2.4. MPWD oversees 16. GAP progress monitored implementation, monitoring, regularly and reported every and reporting of GAP quarter with the project quarterly progress reports (2019 baseline: not applicable) 17. Gender focal point designated in MPWD and each of the 4 PIUs (Ratnagiri, Solapur, Amravati, and Yavatmal) (2019 baseline: not applicable) 18. Gender specialist consultant is recruited (2019 baseline: not applicable) 124 Appendix F to PAM

Progress for the Cumulative Progress Reporting Period (MM/YYYY to MM/YYYY) (MM/YYYY to MM/YYYY) (This should include information Issues and (This should include on progress— Challenges information on progress qualitative and quantitative (Please include for the updates, including sex- reasons why an current quarter— disaggregated activity was not fully qualitative and data, from the start of the implemented, quantitative updates, implementation of the GESI AP to or if targets fall short, including sex- the previous quarter’s progress or reasons for ACTIVITY INDICATORS AND TARGETS disaggregated data) report.) delay, etc.) 19. Combined GAP completion report highlighting benefits of improved road infrastructure, reduced time poverty, and lessons learned submitted upon project completion (2019 baseline: not applicable) EWCD = elderly–women–children–differently abled, GAP = gender action plan, MPWD = Maharashtra Public Works Department, PIU = project implementation unit, PMIS = project management information system. a Road design features include speed bumps, rumble strips, zebra crossings, cautionary and informative signage, guard stones shoulders or safe sidewalks. b Road safety features include geometric improvement, introduction of safety and crash barriers, drainage improvement, rigid pavement in urban areas to reduce likelihood of potholes, and proper pavement markings. Sources: Asian Development Bank and Maharashtra Public Works Department.