Project Readiness Financing Project Administration Manual India: Sikkim Major District Roads Upgradation Project - Asian ...
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Project Readiness Financing Project Administration Manual Project Number: 52159-003 Loan Number: {PRFXXXX} May 2021 India: Sikkim Major District Roads Upgradation Project
CONTENTS I. IMPLEMENTATION PLAN 1 A. Overall Implementation Plan 1 II. PROJECT MANAGEMENT ARRANGEMENTS 2 A. Project Implementation Organizations: Roles and Responsibilities 2 B. Key Persons Involved in Implementation 3 III. COSTS AND FINANCING 5 A. Key Assumptions 5 B. Allocation and Withdrawal of Loan Proceeds 5 C. Detailed Cost Estimates by Expenditure Category and Financier 6 D. Detailed Cost Estimates by Year 7 E. Contract and Disbursement S-Curve 8 IV. FINANCIAL MANAGEMENT 8 A. Financial Management Assessment 8 B. Disbursement 10 C. Accounting 11 D. Auditing and Public Disclosure 12 V. PROCUREMENT AND CONSULTING SERVICES 12 A. Advance Contracting and Retroactive Financing 13 B. Procurement of Consulting Services 13 C. Procurement of Goods and Civil Works 13 D. Procurement Plan 13 E. Consultant's Terms of Reference 13 VI. SAFEGUARDS 14 VII. PERFORMANCE MONITORING 14 A. Monitoring 14 B. Reporting 14 VIII. ANTICORRUPTION POLICY 15 IX. ACCOUNTABILITY MECHANISM 15 X. RECORD OF CHANGES TO THE PROJECT ADMINISTRATION MANUAL 15 APPENDIXES 1. Indicative list of Subprojects 16 2. Detailed Terms of Reference 17
Project Administration Manual for Project Readiness Financing Facility: Purpose and Process The project administration manual (PAM) for the project readiness financing (PRF) facility is an abridged version of the regular PAM of the Asian Development Bank (ADB) and describes the essential administrative and management requirements to implement the PRF facility following the policies and procedures of the government and ADB. The PAM should include references to all available templates and instructions either by linking to relevant URLs or directly incorporating them in the PAM. The executing agency–Government of Sikkim acting through Roads and Bridges (R&B) Department, and the implementing agency–Project Management Unit (PMU), (ADB Cell) under R&B Department, Government of Sikkim are wholly responsible for the implementation of ADB-financed PRF project, as agreed between the borrower and ADB, and following the policies and procedures of the government and ADB. ADB staff is responsible for supporting implementation, including compliance by R&B Department and PMU of Government of Sikkim, of their obligations and responsibilities for PRF project implementation following ADB’s policies and procedures. In the event of any discrepancy or contradiction between the PAM and the loan agreement, the provisions of the PRF loan agreement will prevail. After ADB’s approval of the PRF proposal, 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 this PAM.
ABBREVIATIONS ADB – Asian Development Bank AFS – audited financial statement CAG – Comptroller and Auditor General DEA – Department of Economic Affairs DPR – detailed project report DPRC – detailed project report consultant EIA – environmental impact assessment EIRR – economic internal rate of return EMP – environmental management plan FMA – financial management assessment IEE – initial environmental examination IPP – indigenous peoples plan Km/km – Kilometer MDB – multilateral development bank MDONER – Ministry of Development of North Eastern Region NEC – North Eastern Council PAM – project administration manual PCR – project completion report PMU – project management unit PPMS – project performance monitoring system PRF – project readiness financing PWD – Public Works Department QCBS – quality- and cost-based selection R&B – roads and bridges SBD – standard bidding document TOR – terms of reference
I. IMPLEMENTATION PLAN A. Overall Implementation Plan 1. Table 1 presents the overall implementation plan for the Project Readiness Financing (PRF) assistance and records key implementation, including project management activities (on quarterly basis), which will be updated annually and submitted to the Asian Development Bank (ADB) with updated contract and disbursement projections for the following year. Table 1: Implementation Plan over PRF Assistance Tenure 2021 2022 2023 2024 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Year/ Activities PRF Approval (Advance Action) A. Implementation Consultant selection Feasibility studies & DPRs Capacity building B. Management Activities ADB approval PRF signing PRF effectiveness Submission of QPRs Submission of annual report Submission of APFS ADB = Asian Development Bank, APFS = audited project financial statement, PPMS = project performance monitoring system, PRF = project readiness financing, Q = quarter; DPRs: Detailed Project Reports; QPRs= Quarterly Progress Reports Source: Asian Development Bank.
2 II. PROJECT MANAGEMENT ARRANGEMENTS A. Project Implementation Organizations: Roles and Responsibilities Table 2: Roles and Responsibilities of Key Stakeholders Implementation Organizations Management Roles and Responsibilities A. Executing agency Government of Sikkim acting • Appoint a Project Director dedicated for the PRF assistance and through its Roads and establish a Project Management Unit at the R&B Department, which is Bridges (R&B) Department adequately staffed with suitable resources (including qualified accounting personnel) and acceptable to ADB. • Ensure good coordination with Department of Economic Affairs (DEA), Ministry of Finance, Government of India and for adequate allocation of annual budget to the project, as per recommendation of PMU. • Be the focal point at execution level for communication with all stakeholders, including ADB, facilitation coordination for all stakeholder consultations, and be the signatory to all key documents including withdrawal applications and audit reports for submission to the Government of Sikkim and the Government of India on PRF assistance; • Liaise with ADB to address any issues during detailed engineering design/procurement/institutional development works of consulting firm under PRF assistance. • Conduct review and approve detailed engineering designs/any other design works and resource/effort/cost estimates, including DPRs. B. Implementing agency Project Management Unit • Prepare through consulting firm and recommend to R&B Department for (ADB Cell) under R&B approval of detailed engineering designs/any other design works, DPRs, Department , Government of procurement process documentation, and institutional strengthening and Sikkim capacity building requirements and programs on training/workshops/ seminars/ conferences etc., including necessary coordination with all stakeholders; • Process bills for services contract. Conduct periodic review of the work progress under PRF assistance and submit agreed progress/project reports to the steering committee, Government of Sikkim, Government of India, and ADB. • Disclosure of information related to the project to the public through government website(s). Facilitate in ensuring compliance with conditions of PRF loan agreement under PRF assistance, Government of India, Government of Sikkim, and ADB guidelines, procedures, and policies. • Ensure compliance with ADB Safeguard Policy Statement, the environmental assessment, resettlement, indigenous peoples frameworks, etc. for the work under PRF assistance and the corresponding reports/plans such as EMPs, IEEs/EIAs, resettlement plans, IPPs, etc., as required, for each of the subprojects; C. Asian Development Bank • Provide guidance to state agencies–R&B Department, PMU (R&B), etc. on PRF assistance-related design and implementation issues; • Facilitate R&B Department/PMU on procurement processing for consulting firm/consultants’ selection under PRF assistance; Conduct periodic review of the PRF assistance; and Disclosure of information related to the PRF assistance, as per ADB’s Access to Information Policy. ADB = Asian Development Bank, DEA = Department of Economic Affairs, DPR = detailed project report, EIA = environmental impact assessment, EMP = environmental management and monitoring plan, IEE = initial environmental examination, IPP = indigenous peoples plan, MDONER = Ministry of Development of North Eastern Region, NEC = North Eastern Council, PCR = project completion report, PRF = project readiness financing, PMU = project management unit, R&B = roads and bridges Source: Asian Development Bank.
3 B. Key Persons Involved in Implementation 2. The key persons involved in the implementation of PRF assistance are as follows: Executing Agency Government of Sikkim acting Officer’s Name: T.P. Shangderpa, through its Roads and Bridges Position: Principal Chief Engineer-cum-Secretary (R&B) Department Telephone No.: +91- 03592-203460 E-mail address: roadsandbridgessikkim1@gmail.com Office Address: Roads & Bridges Department, Government of Sikkim, Nirman Bhavan, Zero Point, National Highway 10, Gangtok, Sikkim. Executing Agency Officer’s Name: Shanti Tamang, Position: Project Director Telephone No.: +91- 03592-203460 E-mail address: pdadbsikkim@gmail.com Office Address: Roads & Bridges Department, Government of Sikkim, Nirman Bhavan, Zero Point, National Highway 10, Gangtok, Sikkim Asian Development Bank Indian Resident Mission Staff Name: Takeo Konishi Position: Country Director Telephone No.: +91-11-2410-7200 E-mail address: tkonishi@adb.org Mission Leader Staff Name: Prabhasha Sahu Position: Senior Project Officer Telephone No: 91-11-2410-7200 E-mail address: psahu@adb.org
4 C. Project Organization Structure Figure 1: Project Organization Structure Government of Sikkim ADB (Project Steering Committee) DEA Roads and Bridges Department (R&B) (Executing Agency) Project Management Unit ADB Cell under R&B (Implementing Agency) Detailed Project Report Consultant ADB = Asian Development Bank, DEA = Department of Economic Affairs, DPRC = detailed project report consultant.
5 III. COSTS AND FINANCING A. Key Assumptions 3. The following key assumptions underpin the cost estimates and financing plan: (i) Exchange rate: INR 73.1415 = $1.00 (as of 26 February 2021). (ii) Contingencies (including price contingencies) calculated at 12% of base cost has been considered. B. Allocation and Withdrawal of Loan Proceeds 4. The PRF will finance consulting services only, including allocations workshops and training, studies, field surveys and other reimbursable expenses. Local indirect taxes and duties will be financed from the government resources. Table 3: Allocation and Withdrawal of PRF Loan Proceeds Number Category Total Amount Allocated for Basis for Withdrawal from the ADB Financing ($) Loan Account 1. Consulting Services 2,500,000 81.1% of total expenditure Total 2,500,000 PRF = project readiness financing. Source: Asian Development Bank.
6 C. Detailed Cost Estimates by Expenditure Category and Financier Table 4: Detailed Cost Estimates by Expenditure Category ($ million)1 ADB OCR GOS Total Cost2 Item % of % of Taxes and Amount Amount Amount Category Category Duties A. Investment Costs 1 Feasibility studies and Detailed engineering 1.90 81.1% 0.44 18.9% 2.34 0.36 designs 2 Institutional capacity building 0.33 81.1% 0.08 18.9% 0.41 0.06 Subtotal (A) 2.23 81.1% 0.52 18.9% 2.75 0.42 B. Contingencies3 0.27 81.1% 0.06 18.9% 0.33 C. Financing Charges4 - 0% 0.05 100.0% 0.05 Total Project Cost (A+B+C) 2.50 80.0% 0.63 20.0% 3.13 0.42 % Total Project Cost 80% 20% 100% ADB= Asian Development Bank, GoS= Government of Sikkim, OCR= ordinary capital resources Notes: 1. Numbers may not sum precisely because of rounding. 2. Includes taxes and duties of $0.42 million to be financed from government resources by cash contribution. 3. Contingencies (including price contingencies) computed at 12% for consulting services. 4. Includes Interest during implementation for the ordinary capital resources (OCR) loan, computed at the 3-year United States dollar fixed swap rate plus a spread of 0.5%. Commitment charges for the OCR loan has not been considered on the undisbursed loan amount. Source: Asian Development Bank.
7 D. Detailed Cost Estimates by Year Table 5: Detailed Cost Estimates by Year ($ million)1 Item Total 2021 2022 2023 2024 A. Investment Costs2 Feasibility studies and Detailed 1 2.34 0.66 1.01 0.42 0.25 engineering designs 2 Institutional capacity building 0.41 - 0.08 0.25 0.08 Total Base Cost 2.75 0.66 1.10 0.66 0.33 B. Contingencies3 0.33 0.08 0.13 0.08 0.04 C. Financing Charges4 0.05 0.00 0.01 0.02 0.02 Total Project Cost (A+B+C) 3.13 0.74 1.24 0.76 0.39 Notes: 1. Numbers may not sum precisely because of rounding. 2. Includes taxes and duties of $0.42 million to be financed from government resources by cash contribution. 3. Contingencies (including price contingencies) computed at 12% for consulting services. 4. Includes Interest during implementation for the ordinary capital resources (OCR) loan, computed at the 3-year United States dollar fixed swap rate plus a spread of 0.5%. Commitment charges for the OCR loan has not been considered on the undisbursed loan amount. Source: Asian Development Bank.
8 E. Contract and Disbursement S-Curve Table 6: Contract Awards and Disbursement Year Contract Awards (in $ million) Disbursements (in $ million) Q1 Q2 Q3 Q4 Total Q1 Q2 Q3 Q4 Total 2021 2.50 - - - 2.50 - 0.20 0.20 0.20 0.60 2022 - - - - - 0.25 0.25 0.25 0.25 1.00 2023 - - - - - 0.15 0.15 0.15 0.15 0.60 2024 - - - - - 0.30 - - - 0.30 Total Contract Awards 2.50 Total Disbursements 2.50 Q= quarter. Source: Asian Development Bank. Figure 2: S-Curve Q= quarter. IV. FINANCIAL MANAGEMENT A. Financial Management Assessment 5. The Financial Management Assessment (FMA) was conducted in June 2020 – July 2020, in accordance with ADB’s Guidelines for Financial Analysis and Evaluation, Financial Management Assessment, and related technical guidance notes1. 6. The Executing / Implementing Agency has prior experience of executing ongoing ADB- funded project, however there is scope for improvement in the areas of disbursements, financial- recording keeping, reporting, and auditing requirements. Deficiencies in the areas of audit as observed for the ongoing ADB funded project requires attention. Apart from subordinate level accountants, a financial management specialist with adequate experience shall be engaged to 1 ADB. 2019. Financial Analysis and Evaluation. Manila; and ADB. 2015. Financial Management Assessment. Manila
9 address the accounting issues identified. Adequate training to familiarize the executing and implementing agency on ADB’s financial management matters will be imparted by ADB. Suitable accounting policies on audited project financial statements (APFS) will be drafted by PMU and approved by ADB. Considering the risk factors identified, subject to mitigation arrangements during implementation period, overall FM risk is assessed as moderate. 7. R&B Department has agreed to implement an action plan as key measures to address the deficiencies. The financial management action plan is provided in the following Table: Key Risks Risk Mitigating Activity Timeline Responsible Entity Staff in finance and Adequate staff training and No later than R&B accounting section are handholding through capacity 2 years from Department not trained for ADB building on financial management the and ADB Projects. will be done (output 2 of PRF). effectiveness of the PRF project. Timely preparation of An experienced FM specialist shall Continuous R&B project financial be engaged mainly for estimation of Department statements including budgets, provide support to inappropriate accounts staff on preparation of ADB accounting policies disbursement claims, overall and issue of project financial management and audit report. preparation of project financial statements. Consultation with ADB FM staff on accounting policy shall be made prior to finalization of first submission of PFS. Engagement of private auditor as an alternative measure in case delays from government auditors are anticipated. Delay in payment to Services of a single Consultant will Continuous R&B the Consultant be used for the PRF and funds can Department be transferred online from State and ADB finance to the ADB project fund for payments. Necessary hand holding will be done by the FM specialist. Budget is not recorded Budget is recorded in the PFMS No later than R&B and therefore (central level system for budget), 2 years from Department. comparison with and such data should be used for the actuals is not done. comparison. Engagement of effectiveness ADB to experienced FM specialist to hand- of the PRF monitor hold will be necessary. project. Lack of documented FM specialist engaged for the No later than R&B policies and project to develop an 2 years from Department procedures to the implementable standard operating the extent relevant for procedure (SOP) on accounting effectiveness ADB projects. functions relevant for ADB
10 compliances and for overall of the PRF safeguard against fraud, abuse and project. waste. Manual records are Feasibility of basic automation for No later than R&B maintained leading to maintaining books of accounts 2 years from Department risk of errors should be explored. the omissions etc. effectiveness of the PRF project. B. Disbursement 8. R&B Department, Government of Sikkim will disburse the project readiness loan proceeds following the Asian Development Bank (ADB) Loan Disbursement Handbook (2017, as amended from time to time), and detailed arrangements agreed between the government and ADB. Online training for project staff on disbursement policies and procedures is available.2 Project staff are encouraged to avail online training facility and also to attend annual workshops by ADB on disbursement procedures conducted every year to get familiarized with the disbursement procedures. 9. Reimbursement method using full documentation procedures (by submitting complete supporting-documents) shall be the primary method of disbursement. Additionally, it may also use Statement of expenditure (SOE) procedure using a threshold limit of US$ 100,000 by submitting SOEs without any supporting documents. All relevant supporting documents claimed under SOE procedures should be maintained and made readily available for review by ADB’s disbursement review missions, upon ADB’s request for submission of supporting documents on a sampling basis, and for independent audit3. Advance procedures and direct payment procedures for disbursements shall not be used in PRF 10. A PMU to monitor and manage the PRF assistance will be established at R&B Department, Government of Sikkim and led by a project director who will be the authorized signatory for withdrawal applications. The PMU will include an experience financial management specialist who will be responsible for (i) collecting supporting documents; (ii) preparing the withdrawal applications for signature by the Project Director; and (iii) uploading the draft withdrawal applications on ADB’s Client Portal for Disbursements (CPD)4 system to CAAA for finalization and approval. 11. Before submitting the first withdrawal application, the borrower should submit to ADB sufficient evidence of the authority of the person 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 withdrawal application is stipulated in ADB’s Loan Disbursement Handbook. Individual payments below such amount should be paid (i) by the R&B Department of Government of Sikkim and subsequently claimed from ADB through reimbursement, unless otherwise accepted by ADB. PMU and borrower shall ensure that sufficient category and contract balances are available before requesting disbursements. Use of ADB’s CPD system for submission of withdrawal applications to ADB will be considered mandatory. 2 Disbursement eLearning. http://wpqr4.adb.org/disbursement_elearning 3 Independent auditors are required issue opinion under annexure 7 template of terms of reference (TOR) agreed between ADB, Department of Economic Affairs (DEA) and Comptroller and Auditor General of India. 4 ADB’s Client Portal for Disbursements system facilitates online submission of withdrawal applications to ADB, resulting in faster disbursement. The forms to be completed by the borrower are available at ADB. Guide to the Client Portal for Disbursements.
11 12. No further disbursements will be made from the PRF account upon refinancing under an ensuing or ongoing loan. The PRF loan amount is paid out under the PRF cost category of the ensuing or ongoing loan that will refinance the PRF loan. Provided the following costs are eligible expenditures, the ensuing or ongoing loan will finance (i) costs incurred under PRF that have not yet been paid from the PRF account by the refinancing date; (ii) costs for activities initiated under PRF and continuing beyond the refinancing date; and (iii) costs incurred during PRF implementation but ineligible under PRF. C. Accounting and Auditing 13. R&B department, Government of Sikkim will maintain separate PRF project accounts and records by funding source for all expenditures incurred on the PRF project. A project financial statement (PFS) will be prepared at the PMU following cash basis of accounting as per accepted accounting principles and standards followed by the Government of India and the state government. ADB expects audited project financial statements prepared in accordance with International Public Sector Accounting Standard (IPSAS) or accounting standards prescribed by nationally constituted professional accounting organization (PAO).5 14. Given the FM capacity at IA, PFS can be prepared using template of cash based project financial statements provided in the standardized terms of reference (TOR) of audit of ADB- assisted projects, agreed with the Comptroller and Auditor General of India, the Department of Economic Affairs and ADB. The audit report including scope of audit shall be as per TOR document by following Annexure 13 of TOR guidance template. Accordingly, the expected disclosures in the project financial statements will include at least the following: (i) Statement of cash receipts (by financing source) and payments (by expenditure category) for the current reporting period, past reporting period, and cumulative to date; (ii) Statement of expenditure by category and financier for the year/period end; (iii) statement of disbursement, disclosing all funds claimed from ADB by disbursement method, total expenditure claimed for the current reporting period, past reporting period, and cumulative to date. The notes of the financial statements should include a detailed list of all withdrawal applications submitted to ADB, and the amounts paid by ADB as follows: (a) withdrawal application number, (b) the amount claimed and currency, (c) date submitted, and (d) disbursement method and the amount disbursed by ADB; The statement should be supported by relevant withdrawal accounts used for claiming disbursements from ADB. (iv) Notes on the PFS financial statements and significant accounting policies followed at the project including other relevant explanatory notes and explanations as appropriate. (v) Statement of disbursements claimed using Statement of Expenditure (SOE) procedures during reporting period by giving reference to withdrawal application numbers; (vi) A statement of appropriation vs. actual expenditures. Any significant variances must be duly explained; (vii) Expenditure by output/components for the current reporting period, past reporting period, and cumulative to date; 5 Institute of Chartered Accountants of India (ICAI) is the relevant PAO for India
12 15. Auditor for the PFS shall be any independent auditor which can be either from audit-office of Accountant General (A&E), Sikkim or any private independent chartered accountant having certificate of practice and registered with ICAI. By default the auditor from state office from (A&E) is the auditor. Scope of audit shall be strictly in accordance with TOR document. Audit report issued shall be as per audit-report template provided in annexure-13 of the TOR as a guidance. To facilitate timely-audit, PMU shall ensure draft PFS be ready within 3 months of close of fiscal year during project-implementation. In case delays to commence audits by the government auditor is anticipated, PMU may engage a reputable private independent chartered accountant to perform the project audit within 1 month after close of 3 months of fiscal year. The auditor’s opinion in report shall be in English with project financial statements (APFS) shall be submitted to ADB within 6 months of close of fiscal year. 16. GOS shall enable ADB upon ADB’s request, to discuss the financial-statements for the project, where they relate to the project with their auditors appointed by the state or PMU, and shall authorize and require any representative of such auditors to participate in any such discussions requested by ADB. This is provided that such discussions shall be conducted on in presence of an authorized officer of the state having sufficient understanding on audit and accounting related matters, unless the state shall otherwise agree. 17. ADB has made the R&B Department, GOS aware on ADB’s approach to delayed submission of APFS and the requirements for satisfactory and acceptable quality of the audited project financial statements.6 ADB reserves the right to require an addition in 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 financial accounts to confirm that its policies and procedures were followed when the share of ADB’s financing was used. D. Public Disclosure 18. ADB’s Access to Information Policy 2018 will guide the public disclosure of the audited project financial statements. ADB shall disclose the annual project audit report and related PFS (without management letter) within 14 days of the date of ADB’s confirmation of their acceptability by posting them on ADB website. V. PROCUREMENT AND CONSULTING SERVICES 19. R&B department (the executing agency) has been executing road improvement works in Sikkim as a part of ADB-funded North Eastern State Roads Investment Program.7 R&B 6 ADB’s approach and procedures regarding delayed submission of audited project financial statements: (i) When ADB does not receive the audited project financial statements by the due date, ADB will write to the executing agency to inform it 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 ADB does not receive the audited project financial statements 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 inform the executing agency (a) of ADB’s actions and (b) that the loan may be suspended if the audit documents are not received within the next 6 months. (iii) When ADB does not receive the audited project financial statements within 12 months after the due date, ADB may suspend the loan. 7 ADB. 2011. Report and Recommendation of the President to the Board of Directors on Proposed Multitranche Financing Facility to India for North Eastern State Roads Investment Program. Manila (Loan 2770-IND, $74.8 million, approved on 22 August 2011).
13 department undertook the recruitment of consultants and contractor in accordance with ADB Guidelines. Upon approval of advance contracting under the proposed PRF by ADB, R&B department has successfully completed recruitment of consulting firm following ADB’s Procurement Regulations, which demonstrate adequate capacity of the executing agency to recruit consulting services. The consultants recruited under PRF will further support R&B department and enhance their procurement capacity. A. Advance Contracting and Retroactive Financing 20. Advance contracting. All advance contracting will follow ADB Procurement Policy: Goods, Works, Non- consulting and Consulting Services (2017, as amended from time to time) and Procurement Regulations for ADB Borrowers: Goods, Works, Non- consulting and Consulting Services (2017, as amended from time to time). The issuance of consulting services recruitment notice under advance contracting will be subject to ADB approval. ADB has advised the borrower, R&B department and PMU of Government of Sikkim that approval of advance contracting does not commit ADB to finance the PRF assistance. 21. Retroactive financing. Withdrawals from the loan account may be made to finance eligible expenditures incurred under the PRF before the effective date, but not earlier than 12 months before the date of the loan agreement for this PRF, in connection with items to be retroactively financed, subject to a maximum amount equivalent to 20% of the loan amount B. Procurement of Consulting Services 22. Government of Sikkim has selected a consulting firm as detailed project report consultants (DPRC) following the ADB Procurement Policy and its associated project administration instructions and/or staff instructions. The DPRC consulting firm has been procured on quality- and cost-based selection (QCBS) method with quality-cost ratio of 80:20, to ensure high quality of technical outputs under PRF assistance. DPRC will assist R&B department, Government of Sikkim in feasibility studies and preparation of detailed project report for roads and bridges in Sikkim. The duration of assignment for the DPRC consulting firm would be 36 months with 202 person-months inputs of key experts. DPRC is expected to be mobilized from December 2020 (will be further confirmed during contract negotiation process). C. Procurement of Goods and Civil Works 23. Procurement of goods and civil works for pilot-testing is not envisaged under the proposed PRF. D. Procurement Plan 24. One consulting firm is envisaged under the PRF and has been selected upon approval of advance contracting by ADB. E. Consultant's Terms of Reference 25. The detailed TOR for expected outputs of the consulting services package (DPRC consulting firm) recruited by the PRF executing agency– R&B department, Government of Sikkim has been agreed with ADB (Appendix 2). The consulting services would cover: (i) initial screening of the tentative list of candidate roads and bridges; (ii) feasibility studies of the shortlisted roads for final selection; (iii) detailed design for selected road and bridge subprojects, including the environmental and social safeguard assessments and preparation of environmental and social safeguard planning documents, preparation of realistic cost estimate benchmarking with contracts
14 of similar nature and conditions, economic analysis, due diligence and capacity building on financial management, assistance and capacity building on procurement including streamlining the decision making processes, preparation of bid documents and supporting the bidding process until contract award; and (iv) providing assistance in sector analysis and developing the road maintenance, road safety, and institutional strengthening, capacity development component and preparation of gender analysis and gender equality and social inclusion plan for incorporation of gender elements in the design of the ensuing project. VI. SAFEGUARDS 26. Sikkim has a mountainous terrain and forest zones, and it is likely that some sections of the selected roads may pass through forest areas. However, the project will avoid subprojects in, or close to, national parks, wildlife sanctuaries, or any other environmentally sensitive areas. The environmental impacts under the selected subprojects may not be major and are expected to be minimized to an acceptable level through mitigation measures. The environment safeguard category is taken as B. 27. The social safeguard categorization is taken as B, as the population of Sikkim is small and road sections passing through hilly terrain are less likely to pass through populated areas requiring significant resettlement and land acquisition. If the subproject would have any impact on the indigenous peoples, those are expected to be limited. Improvement of the roads is expected to have positive impacts on social and economic life for the population in the subproject influence zone including the indigenous peoples. The indigenous peoples category is taken to be B. 28. Prohibited investment activities. Pursuant to ADB’s Safeguard Policy Statement (2009), ADB funds may not be applied to the activities described on the ADB Prohibited Investment Activities List set forth in Appendix 5 of the Safeguard Policy Statement. VII. PERFORMANCE MONITORING A. Monitoring 29. Project readiness financing project performance monitoring. Roads and Bridges (R&B) Department, Government of Sikkim (the EA) will monitor PRF assistance performance semiannually and provide consolidated reports to ADB. These reports will include (i) each activity’s progress measured against the implementation schedule; (ii) key implementation issues and solutions; (iii) an updated implementation plan. To ensure PRF assistance continue to be both viable and sustainable, the EA should adequately review project financial statements of PRF assistance and the associated auditor's report. In the event that an ensuring loan is not approved, the EA will submit a project completion report to represent the performance of completed PRF, to ADB within 6 months of physical completion of PRF project. 30. Compliance monitoring. The EA will monitor compliance of loan covenants, including that relating to policy, legal, financial, economic, environmental, and others and ensure compliance with loan covenants and assurances. All non-compliance issues, if any, will be updated in quarterly progress reports together with remedial actions. ADB review missions will also monitor the status of compliance with loan covenants and raise the noncompliance issues with the EAs and agree on remedial action. B. Reporting 31. The EA will provide ADB with:
15 (i) quarterly progress reports on the PRF assistance in a format consistent with ADB's project performance reporting system; (ii) reports prepared by the consultants under the PRF assistance; (iii) consolidated annual reports, including (a) progress achieved by output measured against the performance targets, (b) key implementation issues and solutions, and (c) an updated implementation plan for the next 12 months; and (iv) project accounts of PRF assistance, audited financial statements (AFSs), and the associated auditor’s report. VIII. ANTICORRUPTION POLICY 32. The Government of India, the State Government of Sikkim and other implementing agencies are advised of ADB’s Anticorruption Policy (1998, as amended to date). Consistent with its commitment to good governance, accountability, and transparency, implementation of the project shall adhere to ADB’s Anticorruption Policy. ADB reserves the right to investigate, directly or through its agents, any violations of the Anticorruption Policy relating to the PRF project following ADB’s Integrity Principles and Guidelines. All contracts financed by ADB will include provisions specifying ADB’s right to audit and examine the records and accounts of the executing agency and all PRF project contractors, suppliers, consultants, and other service providers. This includes the examination of project outputs, assets, and all other information that may be considered relevant for audit or inspection by ADB regardless of project completion, termination, or cancellation. Firms or individuals on ADB’s anticorruption debarment list are ineligible to participate in activities that are financed, supported, or administered by ADB; and may not be awarded any contracts under the PRF project.8 Investigation of Government officials, if any, will be requested by ADB to be undertaken by the Borrower. 33. To support these efforts, relevant provisions of ADB’s Anticorruption Policy are included in the project readiness loan agreement and any bidding documents under the PRF assistance. IX. ACCOUNTABILITY MECHANISM 34. People who are, or may in the future be, adversely affected by the PRF assistance may submit complaints to ADB’s Accountability Mechanism. The Accountability Mechanism provides an independent forum and process whereby people adversely affected by ADB-assisted PRF assistance can voice and seek a resolution for 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.9 X. RECORD OF CHANGES TO THE PROJECT ADMINISTRATION MANUAL 35. All revisions and/or updates during implementation of project readiness loan should be retained in this section to provide a chronological history of changes to implemented arrangements recorded in the PAM, including a revision to contract awards and disbursement S- curves. 8 ADB. Anticorruption and Integrity. 9 ADB. Accountability Mechanism.
16 Appendix 1 Indicative List of Subprojects S. No. Name of the Road Length (km) 1 Damthang - Ravangla 12.35 2 Rangpo - Duga - Pendam 14.64 3 Ravangla - Yangang 13.97 4 Duga - Pacheykhani 11.04 5 Rongli Road (Kingstone) - Rongli 9.17 6 Machong - Rangpo Khola - Rolep 14 7 Sombarey - Hilley 25.13 8 Legship (Gangtok more) - Tashiding Gumpa Phatak 14.21 9 Melli - Phong via Ratepani 22.9 10 Ravangla - Ralang 13 11 YangYang - Kimbubotey 16.62 12 Namboo - Chingtapu (Nepal Border) 20 13 Sopakha - Chewabhanjyang (Nepal Border) 18 14 Sang – Sirwani 9.93 15 Darap – Namboo 7.24 16 Namlung - Zorong - Tashiding Road 15 17 Chongrang Kongri Labdang 19 18 Sang Khola Zingla 8 19 Sang Dipu Dara 15 20 Khamgdong Lingey Tinket (KLT) 22 Bridges S. No. BRIDGES SPAN 1 Steel bridge over Limu Khola along Darap Namboo road 35 m 2 Bridge over Kali Khola- Ranka- Sichey road Km 7th 35 m 3 Seti Khola Ranka- Sichey road Km 6th 20 m 4 Sim Khola Ranka- Sichey road km 3rd 15 m 5 Ghattey Khola Namchi- Rong- Sumbuk road Km 4th 20 m 6 Singh Khola Phongla- Bermiok road Km 9th Ch 23rd 20 m 7 Siring Khola Phongla- Bermiok road Km 12th Ch 30th 20 m 8 Budhang Khola Ralang- Phamtham road Km 14th 20 m 9 Bhaley Khola Sirsiray- Kalung Dara 40 m 10 Kali Khola Passi- Ketang : 65 m 11 Sangpu Khola 40 m 12 Ringtam Khola Ringhim Nampatam road 20 m Note: The list will be reviewed in consultation with the executing agency and may undergo some changes.
17 Appendix 2 DETAILED TERMS OF REFERENCE (TOR) FOR CONSULTING SERVICES FOR FEASIBILITY STUDIES AND PREPARATION OF DETAILED PROJECT REPORT FOR ROADS AND BRIDGES IN SIKKIM A. General 1. The proposal for up-gradation of major and other district roads and construction of bridges in Sikkim is being considered through Asian Development Bank (ADB) funding. The scope of the project includes up-gradation of major district roads, other district roads and replacement of weak bridges thus creating a sound network of roads in the State with adequate linkage to the national highway and state highway network and connectivity to important towns, commercially important rural areas, pilgrimage and other tourist destinations in the State. The selection of roads and bridges to be taken up under the project and further project preparation including feasibility studies and preparation of detailed project report is yet to be taken up. Apart from the investment component, the proposed project will assist in strengthening institutional arrangements for road maintenance and strengthening institutional capacity of Road and Bridges (R&B) Department, Government of Sikkim. 2. R&B Department, Government of Sikkim will be the employer and executing agency for the consultancy services. R&B Department has prepared a tentative list of candidate roads and bridges for initial screening and undertaking further studies for the final selection and the preparation of detailed project report for the selected roads and bridges. R&B Department now invites proposal for Consulting Services for undertaking Feasibility study and Preparation of Detailed Project Report for roads and bridges in Sikkim. The cost of the Consulting Services is proposed to be funded through ADB loan and is subject to approval of the loan by ADB. The selected roads and bridges for which the detailed project report and detailed design have been undertaken may be funded under one or more loans by ADB or through other funding mechanisms. Objectives and Scope Objective 3. The main objective of the consultancy services is to (i) establish technical, social, environmental and economic viability of the road and bridge projects and prepare detailed project reports for upgradation of major and other district roads and construction of bridges for the viable and selected projects after undertaking initial screening of the tentative list of candidate roads and bridges; and (ii) develop an institutional development and capacity building component for R&B department and strengthening institutional arrangements for road maintenance under the proposed project; and (iii) capacity building of R&B Department. Scope of Services 4. The Consultant reporting to the R&B Department will work under the overall guidance, technical control, and direction of the designated Project Director. The Consultants will undertake: (a) initial screening of the tentative list of candidate roads and bridges (about 400km including bridges on the candidate roads, if any and about 12 other bridges (cumulative span of 300meters); [As shown in Annexure-I]
18 (b) feasibility studies of the shortlisted roads (about 220-250km bridges on the candidate roads, if any, and about 8 to 10 other bridges (cumulative span of 220- 250 metres) for final selection; (c) detailed design for selected road (about 150Km including bridges on the candidate roads, if any) and about 8 other bridges (cumulative span of 250m); (d) the above work includes the environmental and social safeguard assessments and preparation of environmental and social safeguard planning documents, preparation of realistic cost estimate benchmarking with contracts of similar nature and conditions, economic analysis, due diligence and capacity building on financial management, assistance and capacity building on procurement including streamlining the decision making processes and the use of e-procurement or phased adoption of e-procurement system, preparation of bid documents and supporting the bidding process until contract award; and (e) providing assistance in sector analysis and developing the road maintenance, road safety, and institutional strengthening and capacity development component of the project. The subproject will be carefully selected and designed keeping into consideration the existing local hazard maps or actual surveys. Disaster risk and climate change will be taken into consideration in the design of resilient/all-weather roads. The detailed scope of services is given in the sections that follow. However, the entire scope of services would, inter-alia, include the items mentioned in the Letter of Invitation and the TOR. The standards of output required from the appointed consultants are of international level both in terms of quality and adherence to the agreed time schedule. Engineering Studies and Detailed Design 5. The engineering studies and detailed design is divided into three parts: (i) initial screening of the tentative list of candidate roads and bridges; (ii) feasibility studies of the shortlisted roads for final selection; and (iii) detailed design for selected road and bridge subprojects. 6. The viability of the project shall be established taking into account the requirements with regard to rehabilitation, upgrading and improvement based on highway design, pavement design, bridge design, protection works and other improvement and safety measures, as necessary, quantities of various items of works and cost estimates vis-à-vis the economic analysis within the given time frame. The Detailed Project Report would inter-alia include detailed highway design, design of pavement and overlay, drainage studies and design, design of protection works, design of slope stabilization works, design of bridges and cross drainage structures, road safety audits, quantities of various items, detailed working drawings, detailed cost estimates, economic and financial viability analyses, environmental and social feasibility, social and environmental action plans as appropriate and documents required for bidding for the project as per ADB Guidelines and standard bidding documents. Disaster risk and climate change will be taken into consideration in the design of resilient/all-weather roads and bridges. The Consultants shall ensure detailed project preparation incorporating aspects of value engineering, quality audit and safety audit requirement in design and implementation. 7. Sikkim is prone to a multitude of natural hazards such as earthquakes and earthquake induced landslides; and climate- and weather-related hazards, such as precipitation induced landslides, floods cloudbursts, flash floods. These are likely to increase with increasing frequency of heavy precipitation due to climate change. The frequency and magnitude of drought events are also likely to increase. The sensitivity of project components would largely depend on location,
19 system design and specifications, materials, safety plans and procedures, maintenance regime, and investments. 8. The Consultants will particularly take the following into account to design disaster and climate change resilient all-weather roads and bridges: i. Sites should be carefully selected with reference to existing local hazard maps or actual surveys. ii. Disaster risk and climate change will be taken into consideration in the design of resilient/all-weather roads and bridges. iii. The subproject will be designed and executed as seismic resistant structure in accordance with relevant national standards, as applicable. iv. The design and construction standards will be raised to appropriate level. The revised high flood levels of the rivers or the natural streams or drainage channels shall be considered, while designing facilities, as applicable. Geotechnical studies shall be undertaken and slope stabilization measures considered for slide zones, wherever applicable. v. Detailed engineering design for roads and bridges will address slope instability problems and shortages of good construction material. vi. Climate mitigation and climate adaptation cost will be estimated. vii. Chronic landslide zones will be identified and mapped and specialized technological solutions for slope stabilization and protection will be provided. Part-I Initial screening of the tentative list of candidate roads and bridges 9. The Consultant will undertake a review and screening of the tentative list of candidate road and bridge subprojects prepared by R&B Department attached as Annexure 1. The review and screening will be carried out through (i) review of all available reports and published information about the tentative list of candidate road and bridge subprojects and the project influence area including the Land Transport Management and Master Plan for Sikkim (Final Report - May 2012) prepared under ADB Technical Assistance (TA 7538-IND); (ii) reconnaissance survey in the field; and (iii) discussions with the officials of R&B Department. The Consultant may devise a simplified selection criterion to facilitate the preparation of a short list of candidate road and bridge subprojects in consultation with R&B Department. Subprojects in or close to, national parks, wildlife sanctuaries, or any other environmentally sensitive areas should be avoided. Subprojects passing through populated areas requiring significant resettlement and land acquisition should also be avoided. Based on the review and initial screening, the Consultant will finalize a shortlist of candidate road and bridge subprojects in consultation with the R&B Department for taking up the feasibility study for the final selection of the roads. Part-II: Feasibility Study for Shortlisted candidate roads and bridge subprojects 10. The Consultant will undertake a feasibility study for the shortlisted candidate road and bridge subprojects for the final selection of the roads. The Scope of Services shall cover but be not limited to the following major tasks: i. review of all available reports and published information about the project road and the project influence area; ii. detailed reconnaissance and preliminary topographic surveys; iii. road inventory and condition surveys;
20 iv. inventory of bridges, culverts and structures; v. preliminary material and geotechnical investigation; vi. identification of possible improvements in the existing alignment, vii. preliminary traffic studies including traffic surveys and demand forecasting; viii. preliminary environmental and social impact analyses; ix. preliminary proposals and design for upgradation of roads and bridges; x. strip plan indicating the scheme for carriageway widening, location of all existing utility services (both over- and underground) and the scheme for their relocation, trees to be felled and planted and land acquisition/resettlement requirements; xi. project costing; xii. economic analyses; xiii. Reports, documents and drawings. 11. The detailed Scope of Services and the methodology for achieving the objective are described in the pages that follow. The Consultants are to follow the relevant portions of this TOR for the Part-II Feasibility Study corresponding to the Scope of Services. Part-III Detailed design for selected road and bridge subprojects 12. The following sections describe the scope of services to be undertaken for the detailed design of the subprojects. The detailed design will be undertaken for (i) 150 km of roads including bridges, if any and, (ii) 08 (eight) bridges (on other roads) of cumulative span of about 220-250m. 13. Scope of Services shall cover but not be limited to the following major tasks: (i) Review of all available reports and published information about the candidate subprojects and the project influence area; (ii) Environmental, poverty and social impacts, including those related to cultural properties, indigenous people natural habitats, involuntary resettlement etc.; (iii) Public consultation, including consultation with Communities located along the road, NGOs working in the area, other stake-holders and relevant Government departments at different stages of assignment; (iv) Detailed reconnaissance; (v) Identification of possible improvements in the existing alignment; (vi) Traffic studies including traffic surveys and axle load survey and demand forecasting; (vii) Inventory and condition surveys for road, bridges, cross-drainage structures and drainage provisions; (viii) Detailed topographic surveys using Total Stations and GPS; (ix) Pavement investigations ; (x) Sub-grade characteristics and strength: investigation of required sub-grade and sub-soil characteristics and strength for road and embankment design and sub soil investigation; (xi) Identification of sources of construction materials; (xii) Road safety audit to identity areas of major concern, including black spots, and measures to be taken for improving detailed engineering design with respect to road safety; (xiii) Preliminary proposal for rehabilitation / widening including shoulder composition and cross-section details; (xiv) Detailed design for rehabilitation / widening of road; (xv) Detailed design for rehabilitation/widening/reconstruction of bridges, cross drainage;
21 (xvi) Identification of the type and the design of intersections; (xvii) Design of complete drainage system and disposal point for storm water; (xviii) Value analysis / value engineering and project costing; (xix) Economic analyses; (xx) Strip plan indicating the scheme for carriageway widening, location of all existing utility services (both over- and underground) and the scheme for their relocation, trees to be felled and planted; (xxi) Preparation of project report, cost estimate, rate analysis, detailed bill of quantities; (xxii) Bid documents for execution of civil works; (xxiii) Preparation of resettlement plans for the project affected people as per ADB guidelines and Govt. of India R & R Policy and assessment of the land acquisition requirements; (xxiv) Preparation of initial environmental examination and environmental management plan. 14. While carrying out the field studies, investigations and design, the development plans being implemented or proposed for future implementation by the local bodies, shall be taken into account. Such aspect shall be clearly brought out in the reports and drawings. 15. The details of the tasks to be undertaken are described in following paragraphs. Standards and Codes of Practices 16. All activities related to field studies, design and documentation shall be done as per the latest guidelines/ circulars of Ministry of Road Transport and Highways (MORTH) and relevant publications of the Indian Roads Congress (IRC) and Bureau of Indian Standards (BIS). For aspects not covered by IRC and BIS, international standard practices, such as, British and American Standards may be adopted. The Consultants upon award of the Contract may reflect the same in the inception report. Quality Assurance Plan (QAP) 17. The Consultants shall have detailed Quality Assurance Plan (QAP) for all field studies including topographic surveys, traffic surveys, engineering surveys and investigations, design, analyses and documentation activities. The draft detailed QAP Document must be discussed and finalized with the officers concerned immediately upon the award of the Contract and submitted as part of the inception report. Traffic Survey 18. The Consultants shall undertake necessary surveys for classified traffic volume count, origin-destination and commodity movement, characteristics axle loading, characteristics intersection volume count, speed-delay characteristics, pedestrian/animal crossing. The Consultants shall, immediately upon award of the work, submit to PMU, proposals regarding the total number as well as the locations of the traffic survey stations as part of at each stage. Suitable maps and charts should accompany the proposals clearly indicating the rationale for selecting the location of survey stations. The methodology of collection and analysis of data, number and location of traffic survey stations shall be finalized in consultation with PMU/PIU. Traffic Demand Estimates 19. The Consultants shall make traffic demand estimates and establish possible traffic growth rates in respect of all categories of vehicles, taking into account the past trends, annual population
22 and real per capita growth rate, elasticity of transport demand in relation to income and estimated annual production increase. The methodology for traffic demand estimates shall be finalized by the Consultants in consultation with PMU/PIU. Overall traffic forecast thus made shall form the basis for the design of each pavement type and other facilities/ancillary works. Engineering Surveys and Investigations Reconnaissance and Alignment 20. The Consultants shall make an in-depth study of the available land width (ROW), topographic maps, and other available relevant information collected by them concerning the existing alignment. The Consultants in coordination with the PMU will arrange the required maps and the information needed by them from the potential sources. The detailed ground reconnaissance may be taken up immediately after the study of maps and other data. The primary tasks to be accomplished during the reconnaissance surveys include: (i) Topographical features of the area; (ii) Typical physical features along the existing alignment within and outside ROW i.e. land use pattern; (iii) Scheme for the widening of the existing road; (iv) Realignment requirements; (v) Preliminary identification of improvement requirements including treatments and measures needed for the cross-roads; (vi) Traffic pattern and preliminary identification of traffic homogenous links; (vii) Sections through congested areas; (viii) Inventory of major aspects including land width, terrain, pavement type, carriageway type, bridges and structures (type, size and location), intersections (type, cross-road category, location) urban areas (location, extent), geologically sensitive areas, environmental features; (ix) Critical areas requiring detailed investigations; and, (x) Requirements for carrying out supplementary investigations; (xi) Soil (textural classifications) and drainage conditions; (xii) Type and extent of existing utility services along the alignment (within ROW). 21. The data derived from the reconnaissance surveys will be utilized for planning and programming the detailed surveys and investigations. All field studies including the traffic surveys should be taken up on the basis of information derived from the reconnaissance surveys. Topographic Surveys 22. The basic objective of the preliminary topographic survey would be to capture the essential ground features along the alignment in order to consider improvements and for working out improvements, rehabilitation and upgrading costs. The detailed topographic surveys should be taken up after the completion of reconnaissance surveys. The field surveys shall be carried out using high precision instruments i.e. total station, auto level etc. Details of Utility Services and Other Physical Features 23. The Consultants shall collect details of all important physical features along the alignment. These features affect the project proposals and should normally include buildings and structures, monuments, burial grounds, cremation grounds, places of worship railway lines, stream / river / canal, water mains, severs, gas/ oil pipes, crossings, trees, plantations, utility services such as
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