GOVERNMENT OF RAJASTHAN WATER RESOURCES DEPARTMENT REQUEST FOR PROPOSAL (RFP) Engagement of Project Management Consultant For Rajasthan Water Sector Livelihood Improvement Project (RWSLIP) Loan No.: ID-P 259 CHIEF ENGINEER WATER RESOURCES DEPARTMENT JAIPUR-302005, RAJASTHAN (INDIA)
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GOVERNMENT OF RAJASTHAN
WATER RESOURCES DEPARTMENT
REQUEST FOR PROPOSAL (RFP)
Engagement of Project Management Consultant
For
Rajasthan Water Sector Livelihood Improvement
Project (RWSLIP)
Loan No.: ID-P 259
CHIEF ENGINEER
WATER RESOURCES DEPARTMENT
JAIPUR-302005, RAJASTHAN (INDIA)
Table of Contents
REQUEST FOR PROPOSAL (RFP)
Section 1 Letter of Invitation
Section 2 Instructions to Consultants and QCBS - Data Sheet
Section 3. Technical Proposal - Standard Forms
Section 4. Financial Proposal - Standard Forms
Section 5. Terms of Reference
Section 6. Standard Forms of Contract
ANNEX I. Consultants’ Services Time-Based Contract
Section 7. Eligible Source Countries of Japanese ODA Loans
Section 2.
Section 2.
Selection Procedures
Section 2.
Section 2. Option B: QCBS - Instructions to Consultants ITC-1
Section 2. QCBS - Instructions to Consultants
The Instructions to Consultants governing this selection procedure the “Instructions to
Consultants, Option B - QCBS, Section 2”of the Standard Request for Proposals (version 1.1)
published by JICA in October 2012. Those Instructions to Consultants are available on the
Section 2. QCBS - Instructions to Consultants - Data Sheet DS-2
7.8 The price adjustment of the Financial Proposal in case of Delayed award shall by the following factor. 1. Adjustment of remuneration (a) Fixed price of Financial Proposal in foreign currency (ies) shall be adjusted by applying the following formula:
Rf0 = Rf1 x [ 0.1 + 0.9 Ifo
] If1
where:
Rfo is the adjusted remuneration; Rf1 is the remuneration payable on the basis of the rates set forth in
Appendix D for remuneration payable in foreign currency; Ifo is the official index for salaries in the country of the foreign currency for
the month of the date of the Contract If1 is the official index for salaries in the country of the foreign currency for the month of the last date of Bid validity.
The Consultant shall state here the name, source institution, and any necessary identifying characteristics of the official index for salaries corresponding to If1
and Ifo1 in the adjustment formula for remuneration in foreign currency:[Insert
the name, source institution, and necessary identifying characteristics of the index for foreign currency].
(b) Fixed price of Financial Proposal in local currency shall be adjusted by applying the following formula:
Rlo=Rl1 x [ 0.1 + 0.9 Ilo
] Il1
where:
Rlo is the adjusted remuneration; Rl1 is the remuneration payable on the basis of the rates set forth in
Appendix D for remuneration payable in local currency; Ilo is the Consumer Price Index for Industrial Workers (CPI -IW), in the
Client’s country for for the month of the date of the Contract Il1 is the Consumer Price Index for Industrial Workers (CPI -IW), in the
Client’s country for the month of the last date of Bid validity. 2. Adjustment of Reimbursable
Fixed price of Financial Proposal in foreign currency (ies)/local currencies shall
be adjusted by applying the following formula
Po=Po1 x [ 0.1 + 0.9 I0 ] I1
Section 2. QCBS - Instructions to Consultants - Data Sheet DS-3
Where P0 is the adjusted reimbursable , Po1 is the reimbursable payable on the basis of the rates set forth in appendices E for the reimbursable expenses, Io is the
wholesale price index for all commodities in the in the client’s country or
equivalent index for country of the foreign currency for the month of the date of the Contract;andIo1 is the wholesale price index for all commodities in the in the
client’s country or equivalent index for country of the foreign currency for the
month of the last date of Bid validity.
8.1 Clarifications may be requested by September 06, 2017.
The address for requesting clarifications is Chief Engineer, Water Resources
The number of points to be assigned to each of the above positions or
disciplines shall be determined considering the following three sub-criteria and relevant percentage weights: 1) General qualifications 30% 2) Adequacy for the assignment 60% 3) Familiarity with the language and the conditions of the Country 10%
Total weight: 100%
Total points for the three criteria: 100
The minimum technical score (St) required to pass is:70 Points
14.4
After the evaluation of online submitted Technical Proposal , the list of technically
responsive consultant is uploaded on http://eproc.rajasthan.gov.in. with the date of
the public opening of financial proposal . The department will inform date of the public opening of financial proposal to the technically responsive consultant by
mail, fax and post..Expected date (month/year) for public opening of Financial
English: 1) Excellent 2) Good 3) Average 4) Below Average_5) Poor
Section 3. – Technical Proposal – Standard Forms TF-11
6. Adequacy for the Assignment:
Detailed Tasks Assigned on Consultant’s Team of Experts:
[List major deliverables/tasks as in TECH- 5 in which the Expert will be involved]
Reference to Prior Work/Assignments that Best Illustrates Capability to Handle the
Assigned Tasks
7. Certification:
I, the undersigned, certify to the best of my knowledge and belief that:
(i) this CV correctly describes my qualifications and my experience;
(ii) In the absence of medical incapacity, I will undertake this assignment for the duration
and in terms of the inputs specified for me in the Expert Schedule in Form TECH-7
provided team mobilization takes place within the validity of this proposal or any
agreed extension thereof;
(iii) I am committed to undertake the assignment within the validity of Proposal;
(iv) I am not part of the team who wrote the terms of reference for this consulting services
assignment;
(v) I am, pursuant to Clauses 3 and 4 of the ITC, eligible for engagement.
I understand that any misstatement described herein may lead to my disqualification or
dismissal, if engaged.
Date: [Signature of Expert or authorized representative of the firm]1 Day/Month/Year
Full name of authorized representative:
1This CV can be signed by anauthorized representative of the Consultant provided that if the Consultant’s
proposal is ranked first, a copy of the CV signed by the Expert and/or specialist must be submitted to the Client
prior to the commencement of contract negotiations.
Information should be submitted with verification documents (i.e. experience certificates,
qualification certificatesetc.)”.
Section 3. – Technical Proposal – Standard Forms TF-12
FormTECH-7:Expert Schedule1
N°
Name of Expert
/Position /Category(Interna
tional or Local)
Professional Expert input (in the form of a bar chart)2 Total man-month input
1 2 3 4 5 6 7 8 9 10 ...... ..... 84
International Experts
ex.
Mr. XYZ
Project Manager
(International)
1
2
n
Subtotal
Local Experts
1
2
n
Subtotal
Total
1 For International Experts, the input should be indicated individually for the same position as required ; for Local Experts it should be indicated
individually, or, if appropriate, by category (e.g. economists, financial analysts, etc.). 2 Months are counted from the start of the assignment.
Section 3. – Technical Proposal – Standard Forms TF-13
FormTECH-8: Work Schedule
N° Activity1 Months2
1 2 3 4 5 6 7 8 9 10 ...... ....... 84
1
2
3
4
5
n
1 Indicate all main activities of the assignment, including delivery of reports (e.g.: inception, interim, and final reports), and other
benchmarks such as Client approvals. For phased assignments indicate activities, delivery of reports, and benchmarks separately
for each phase.
2 Duration of activities shall be indicated in the form of a bar chart.
Form TECH-9: Acknowledgement of Compliance with the
Guidelines for Employment of Consultants
A) I, [name and position of authorized signatory] being duly authorized by [name of Consultant/members of joint venture)(“JV”)] (“Consultant”)to execute this Acknowledgement of Compliance with Guidelines for Employment of Consultants, hereby certify on behalf of the Consultant and myself that all information provided in the Technical and Financial Proposals (collectively “Proposals”) submitted by the Consultant for [Loan No. and name of the Project] (hereinafter called “the Project”) is true, correct and accurate to the best of the Consultant’s and my knowledge and belief. I further certify ,on behalf of the Consultant, that:
(i) the Proposals have been prepared and submitted in full compliance with the terms
and conditions set forth in Guidelines for the Employment of Consultants under Japanese ODA Loans (hereinafter called the “Guidelines”); and
(ii) the Consultant has not, directly or indirectly, taken any action which is or
constitutes a corrupt, fraudulent, collusive or coercive act or practice in violation of the Guidelines and is not subject to any conflict of interest as stipulated in the relevant section of the Guidelines.
<If debarment for more than one year by the World Bank Group is NOT imposed, use the following sentence B).>
B) I certify that the Consultant has NOT been debarred by the World Bank Group for more than one year since the date of issuance of the Request for Proposals.
<If debarment for more than one year by the World Bank Group has been imposed BUT three (3) years have passed since the date of such debarment decision, use the following sentence B’).> B’) I certify that the Consultant has been debarred by the World Bank Group for a period
more than one year BUT that on the date of issuance of the Request for Proposals at least three (3) years had passed since the date of such debarment decision. Details of the debarment are as follows:
name of the debarred
firm
starting date of
debarment
ending date of
debarment
reason for debarment
C) I certify that the Consultant will not enter into a Sub-contract with an entity or individual
which has been debarred by the World Bank Group for a period more than one year, unless on the date of the subcontract at least three (3) years have passed since the date of such debarment decision.
D) I certify that the Experts of the Consultant and either Sub-consultant having a direct
contract with the Consultant or Expert nominated by the Consultant, who are assigned to this contract on time basis, will not be engaged in any other assignment which may have time conflict with the Contract.
TF-14 Section 3. – Technical Proposal – Standard Forms
E) I certify, on behalf of the Consultant, that if selected to undertake services in connection with the Contract, the Consultant shall carry out such services in continuing compliance with the terms and conditions of the Guidelines.
F) I further certify, on behalf of the Consultant, that if the Consultant is requested, directly
or indirectly, to engage in any corrupt or fraudulent action under any applicable law, such as the payment of a rebate, at any time during a process of consultant selection, negotiations, execution or implementation of contract (including amendment thereof), the Consultant shall report all relevant facts regarding such request to the relevant section in JICA (details of which are specified below) in a timely manner.
JICA’s information desk on fraud and corruption (A report can be made to either of
the offices identified below.)
(1) JICA Headquarters: Legal Affairs Division, General Affairs Department
URL: https://www2.jica.go.jp/en/odainfo/index.php
Tel: +81 (0)3 5226 8850
(2) JICA India office
Tel: (91-11)4768-5500
The Consultant acknowledges and agrees that the reporting obligation stated above shall
NOT in any way affect the Consultant’s responsibilities, obligations or rights, under
relevant laws, regulations, contracts, guidelines or otherwise, to disclose or report such
request or other information to any other person(s) or to take any other action, required to
or allowed to, be taken by the Consultant. The Consultant further acknowledges and
agrees that JICA is not involved in or responsible for the selection process in any way. G) If any of the statements made here in is subsequently proven to be untrue or incorrect
based on facts subsequently determined, or if any of the warranties or covenants made herein is not complied with, the Consultant will accept, comply with, and not object to any remedies taken by the Employer and any sanctions imposed by or actions taken by JICA.
Authorized Signatory
[Insert name of signatory; title]
For and on behalf of the Consultant
Date: ________________________
Section 3. – Technical Proposal – Standard Forms TF-15
Section 4. – Financial Proposal – Standard Forms
Section 4. Financial Proposal - Standard Forms
Notes on Financial Proposal - Standard Forms
Section 4. Financial Proposal – Standard Forms provides Financial Forms that the Client
shall include in its Request for Proposals. Consultants shall fill out these Forms and include
them in their proposals.
Financial Proposal Standard Forms shall be used for the preparation of the Financial
Proposal according to the instructions provided under ITC 11.1.Forms FIN-1, FIN-2, FIN-3,
and FIN-5, are to be used whatever the selection method indicated in Clause 5 of the Letter
of Invitation is. However, Form FIN-4 shall only be used when the QBS method is adopted
as detailed in Section 2 - Option A, ITC15.7.
This Section 4 includes as well an Appendix providing instructions on how to fill out each
specific Form.
Italicized notes provide guidance to the shortlisted Consultants for the preparation of their
Financial Proposals; they should not appear on the Financial Proposals to be submitted.
Section 4. – Financial Proposal – Standard Forms FF-1
Table of Financial Forms
Form FIN-1: Financial Proposal Submission Form .................................................................. 2
Form FIN-2: Summary of Costs .............................................................................................. 3
Form FIN-3: Remuneration ..................................................................................................... 4
Form FIN-4: Breakdown of Remuneration(for QBS only) (Not Applicable) ............................ 5
Form FIN-5: Breakdown of Reimbursable Expenses ............................................................... 6
Appendix: Instructions for Preparing Financial Proposal Forms FIN-1 to FIN-5 ........................ 7
Section 4. – Financial Proposal – Standard Forms FF-2
Form FIN-1: Financial Proposal Submission Form
[Location, Date]
To:
Chief Engineer,
Water Resources Department,
Bhawani Singh Road, C- Scheme,
Jaipur-302005 (Rajasthan –India) Dear Sirs: We, the undersigned, offer to provide the consulting services for [insert name of assignment] in accordance with your Request for Proposal dated [insert Date] and our Technical Proposal. Our attached Financial Proposal is for the sum of [insert amount(s) in words and figures1]. Our Financial Proposal shall be binding upon us subject to the modifications resulting from Contract negotiations, up to expiration of the validity period of the Proposal, i.e. before the date indicated in Clause 7.1 of the Data Sheet. We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Authorized Signature [in full and initials]: Name and Title of Signatory: Name of Firm: Address:
1 Amounts must coincide with the ones indicated under Total in Form FIN-2. This amount is inclusive of the
local indirect taxes, which shall be confirmed during negotiations, and included in the Contract price.
Section 4. – Financial Proposal – Standard Forms FF-3
Form FIN-2: Summary of Costs
Invitation No.:
Competitive Components: Foreign Currency Local Currency
Section 4. – Financial Proposal – Standard Forms FF-8
7 Form FIN-5 Breakdown of Reimbursable Expenses
(i) The purpose of Form FIN-5 is to identify all reimbursable expenses in foreign and
local currencies considered by the Consultant necessary to carry out the assignment.
The cost of training of the Client’s staff is identified, only if training is a major
component of the assignment, specified as such in the TOR.
(ii) All required reimbursable expense is an international or a local expense.
a. Type - whether the expense is an international or local expense.
b. Unit - type of unit (monthly, daily lump sum, etc.)
c. Currency - currency of expense
d. Per unit cost - unit rate for the item
e. Quantity - quantity of the item
(iii) Per Diems
a. For International Experts, the weighted average per diems (i.e., one per diem rate
for all locations) need to be computed (per diems are calculated on the basis of
30 days per calendar month). The per diem comprises room costs and
subsistence allowance for meals and other similar expenses.
b. For Local Experts, technical supporting staff when the Experts& technical
supporting staff are required to work away from the Consultant’s project office,
the weighted average per diems (i.e., per diem rate for all locations) of the local
Consultants calculated on the basis of 30 days per calendar month need to be
shown.
(iv) International Travel
International travel costs will show the airfares needed by International Experts to
travel from their home office, or regular place of work, to the field, by the most
appropriate and the most direct practicable route. Air travel shall be by less than first
class.
For International Experts spending twenty-four (24) consecutive months or more in
the Client’s country, one extra round trip will be reimbursed for every twenty-four
(24) months of assignment in the Client’s country. Such International Experts will be
entitled to such extra round trip only if upon their return to the Client’s country, such
International Experts are scheduled to serve for the purposes of the Project for a
further period of not less than six (6) consecutive months.
Section 4. – Financial Proposal – Standard Forms FF-9
(v) Miscellaneous Travel Expenses
A separate item “Miscellaneous Travel Expenses” should be shown to cover a lump
sum allowance per round trip for processing necessary travel documents(passport,
visas, travel permits),airport taxes, transport to and from airports, inoculations, the
cost of excess baggage up to twenty (20) kilograms per person, or the equivalent in
cost of unaccompanied baggage or air freight for each International Expert and each
eligible dependent, etc.
(vi) Miscellaneous Costs
Miscellaneous costs include, but are not limited to:
a. The costs of international and local communication reasonably required by the
Consultant for the purposes of the Services;
b. The cost of printing, reproducing and shipping of the documents, reports,
drawings, etc.;
c. The cost of acquisition, shipment and handling of the equipment, instruments,
materials and supplies required for the Services;
d. Miscellaneous administrative and support costs.
(vii) Provisional Sums and Contingency
The amounts indicated as “provisional sums” (e.g. workshop, seminar amounts,
etc.), which are reimbursable, and the contingency amount must be the exact
amounts and in the same currency as specified in the Data Sheet for such cost.
Section 5. – Terms of Reference
Section 5.Terms of Reference
Terms of Reference for Project Management Consultant
RWSLIP
1. Background
The Government of Rajasthan takes cognisance of the fact that the irrigation system in the State is
deteriorating and needs immediate attention to improve the condition of the water delivery system for
optimising water use. It also recognises that a holistic approach for agriculture sector, such as
development of agricultural technique, food value chain improvement, promotion of high value
agriculture produces, as well as gender mainstreaming aspect should be taken in activities in order to
foster better livelihood of people dwelling in the project target area.
In order to solve challenges as mentioned above, the Government of India receives a loan from the
Japan International Cooperation Agency (hereinafter referred to as "JICA") to finance the Rajasthan
Water Sector Livelihood Imprlvement Project (RWSLIP), hereinafter referred to as "the Project") in
the Rajasthan State. The Government of India intends to use part of the proceeds of the loan for
eligible payments for consulting services for which this ToR is issued.
(1) Project Objectives
The development objectives of the Project are to improve livelihood of beneficiaries in the project
target area through:
i) rehabilitation, and modernisation of the existing medium and small irrigation schemes;
ii) establishment of sustainable operation and management system of irrigation facilities by
implementing the participatory irrigation management on Water Users Associations (WUAs);
iii) increase of the productivities and improvement of quality of agriculture produces;
iv) improvement and diversification of food value chain in agriculture produces market by
strengthening farmers groups, and promotion of high value added produces; and
v) gender mainstreaming of women in agriculture sector.
From the implementation of the Project, the following benefits and social economic impact could be
expected.
(2) Project Components
The project comprises of the following seven components, of which the top six components will be
financed by JICA, with terms and conditions set forth in the Loan Agreement and the rest shall be
totally funded by the Government of India. All packages, except for Consultancy Services, under the
Project will be procured under Local Competitive Bidding (LCB).
Section 5. – Terms of Reference
Table 1 Project Components
Component
No
Component Items
Component-1 Participatory Irrigation Rehabilitation Works
Component-2 Fostering and Capacity Enhancement of Water Users Organizations
Component-3 Improvement of Agriculture Practices and Marketing Capacity
Component-4 Gender Mainstreaming in Agriculture and Water Sector
Component-5 Enhancement of Project Implementation
Component-6 Consultancy Services
GoR Share Project Administration, taxes and duties, interest during construction, and front end fee
(3) Scope of the Project
The major items of scope in the Project is as stated below and the details are given in Table 2.
Table 2 Project Scopes
No Scopes of Works
1 Participatory Irrigation Rehabilitation Works
1.1 Rehabilitation of Irrigation Facilities
1.2 Promotion of Micro Irrigation
1.3 Construction of Water Users Association (WUA) Facilities
2 Fostering and Capacity Enhancement of Water Users Organizations
2.1 Establishment of WUA Support Mechanism
2.2 Capacity Building of WUA Management
2.3 Improvement of Agriculture Linkage
2.4 Provision of Corpus Fund
3 Improvement of Agriculture Practices and Marketing Capacity
3-1 Irrigated Agriculture Intensification and Diversification
3.1 Training of Trainers for Agriculture
3.2 Exposure Visit for Agriculture Trainers
3.3 Improvement of Agriculture Support System
3.4 Agriculture Farmers’ training
3.5 Agriculture Demonstration farm
3-2 Agro-processing, Marketing, and Promotion of High Value Agriculture Produces
Section 5. – Terms of Reference
No Scopes of Works
3.6 Farmers Interest Group (FIG) formulation for cooperative activities
3.7 Connecting with large-size consumers (Matching meeting)
3.8 Connecting with small-size consumers (exotic vegetables)
3.9 Brand building for high-value agro produces
4 Gender Mainstreaming in Agriculture and Water Sector
4.1 Supporting the institutionalization of gender mainstreaming in water management
4.2 Enhancement of women’s capability and participation in WUA
4.3 Capacity building on agricultural technologies through SHGs
4.4 Support to Women Friendly Activities
5 Enhancement of Project Implementation
5.1 Procurement of Office Equipment
5.2 NGO Services
5.3 Monitoring & Training for Environmental and social aspect
5.4 Monitoring & Evaluationt
(4) Implementation Schedule
The project implementation period is about 8 years from the effective date of Loan Agreement. The
Project will start from April 2017 (establishment of implementation structure, including Project
Steering Committee (PSC),Project Management Unit (PMU) and Sub-PMU formulation) and
complete all project works by March 2025 as shown below.
Table 3 Overall Implementation Schedule
Item Expected Time Schedule
Loan Agreement March 31, 2017 Establishment of PMU August 31, 2017 Selection Process of Consultants April 2017 to December 2017 Consulting Services (Component-6) January2017 to December 2024 Selection Process of NGO September2017 to March 2018 NGO’s Services March 2018 to October 2024 Component-1: Participatory Irrigation Rehabilitation Works
January2018 to October, 2024
Component-2: Fostering and Capacity Enhancement of Water Users Organizations
January 2018 to October 2024
Component-3: Improvement of Agriculture Practices and Marketing Capacity
January 2018 to October 2024
Component-4: Gender Mainstreaming in Agriculture and Water Sector
January 2018 to October 2024
Component-5: Enhancement of Project Implementation
January 2018 to October 2024
Completion of 1st Tranche March 2021 Completion of Project March 2025
Section 5. – Terms of Reference
(5) Location of the Project
The total period of the Project will be 8 years (96 months) and project activities shall be
implemented in 3 stages, which are Stage 1 from year 1 to year 4, Stage 2 from year 3 to year
6, and Stage 3 from year 5 to year 8.
The Project Long List for rehabilitation of Medium and Minor irrigation sub projects are as
per Attachment 1. 34 subprojects have been screened for stagr-1 from long list (Attachment-
2). The subprojects in Long List may change through final screening process with
concurrence of JICA
The Project shall cover 27 districts of the State of Rajasthan (Alwar, Ajmer, Banswara, Baran,
WRD: Water Resources Department, DoA: Department of Agriculture, DoH: Department of Horticulture, WCD: Department of Women and Child Development,
RDD: Rural Development Department, MB: Marketing Board, DoF: Department of Finance
JICA
Other Support
Agencies
Chief Engineer Im&Cs
SuperintendingEngineer
Executive Engineers
Minister of Water
Resources
: chairman at each level: full-time staff for RWSLIP
.......................................
Steering Committee
(every 6 months)
Project Monitoring
Committee (every 2 months)
Sub-PMU Coorddination
Committee (every month)
Gender Advisory
Group
Section 5. – Terms of Reference
all the other project works on the ground. Each Superintending Engineer of WRD will be full
responsible for all the project works including activities for soft components as well as construction
works.
Figure 3 Implementation Structure of Project Management Unit (PMU)
Technical Support Group at Sub-project Level (TSG-SP):The Technical Support Group at sub-
project (TSG-SP) should be formulated in each sub-project, which comprises officers and members
from:
i) Department of Agriculture (DoA), ii) Department of Horticulture (DoH), iii) Women and Child Development Department (WCD), iv) Water Resource Department (WRD), v) Regional NGO, vi) WUAs vii) FIG/ Farmer Producers Organization (FPO), and viii) Self-help Group (SHG).
At district level the Executing Engineer should be responsible for implementation of the project works,
: chairman at each level: full-time staff for RWSLIP
.......................................
Project Director of RWSLIP Dep. Director in charge of Mo&CdDep. Director in charge of Im&Cs
WRD Line
agencies
SE (1) EE (3) AE (9) JE (27)
AE (2) EE (1)
AE (2) EE (1)
AE (2) EE (1)
AE (2) EE (1)
Monitoring and Coordination UnitImplementation and Construction Unit
Sub-PMU 5
SE (1) EE (3) AE (9) JE (27)
SE (1) EE (4) AE (12) JE (32)
SE (1) EE (3) AE (9) JE (27)
SE (1) EE (3) AE (9) JE (27)
( ) : number of required staff
Class IV (5)
Chief Acc. (1)
Acc. (2)
Junior Acc. (3)
UDC/LDC (6)
Data pro. off. (1)
Off. Ass. (1)
Section 5. – Terms of Reference
and Additional Engineers should control all the project works at sites under supervision of Executing
Engineers/Superintending Engineer of WRD.
Implementation structure is given in the following figure.
Source: JICA Survey Team
Figure 4 Implementation Structure of Technical Support Group at Sub-project Level
At district level the Executing Engineer should be responsible for implementation of the project works,
and Additional Engineers should control all the project works at sites under supervision of Executing
Engineers/Superintending Engineer of WRD.
(8) Technical Information
Construction works for minor and medium irrigation projects; materials, products and designs of
agriculture infrastructures shall be compliant with the Indian Standards (IS).
2. Objectives of Consulting Services
The consulting services shall be provided by an international consulting firm (hereinafter referred to as
"the Consultant") in compliance with Guidelines for the Employment of Consultants under Japanese
ODA Loans, April 2012. The objective of the consulting services is to assist PMU in the efficient and
proper preparation and implementation of the Project through the following works:
- Overall project management
- Constuction management works of Participatory Irrigation Rehabilitation Works
- Fostering and Capacity Enhancement of Water Users Organizations
Superintending
Engineers
Executive
Engineers
Coordi
nationDeputy
Director
Deputy
Director
Deputy
Director
Deputy
Director
Deputy
Director Executive
Engineers
Sub-PMU
Coordination Committee
MB WCD DoH DoARDD WRD
Assistant
Eng
Assist.
Director
Assist.
Director
NGOs
Community
Motivators
TSG-sub-project: A
Assistant
Eng
Assist.
Director
Assist.
Director
NGOs
Community
Motivators
TSG-sub-project: B
District - aa
District - cc
District - bb
TSG-CTSG-F
TSG-D
TSG-E
Assist.
Director
Agri-supervisor
Assist.
Director
Agri-supervisor
WUA
SHGFPO
WUA
SHGFPO
Section 5. – Terms of Reference
- Irrigated Agriculture Intensification and Diversification
- Agro-processing, Marketing, and Promotion of High Value Agriculture Produces
- Gender Mainstreaming in Agriculture and Water Sector
The implementation structure of the Consultant is described in the following figure.
Figure 5 Implementation Structure of Consultant’s Support
3. Scope of Consulting Services
The scope of the project consultant is to assist the PMU/Sub-PMU in the following activities:
Table 4 Consultant’s Scope of Works in RWSLIP
No Activities
Component-
0
Overall Management
1) Preparation of Overall Project Management Plan;
2) Preparation of Annual Work Plan and Budget Estimate;
3) Develop detailed activity in effective manner, in adherence to Detailed Scope of Work, Command Area Micro Plan, Gender Action Plan
4) Monitoring and evaluation of physical and financial progress;
5) Preparation of Monthly, Annual Progress Reports and Stage-wise Review Report;
6) Technical guidance to PMU/Sub-PMU and the relevant departments;
7) Technical Reports related to the project if any;
8) Preparation of the Project Completion Report;
PMU office (WRD &
other department)
Kota Sub-PMU
Sub-PMU office (WRD
& other department)
Regional consultant (Kota)
Udaipur/Jodhpur Sub-PMU
Sub-PMU office (WRD
& other department)
Regional consultant (Udaipur/Jodpur)
Hanumangar-1 Sub-PMU
Sub-PMU office (WRD
& other department)
Regional consultant (Hanumangarh-1)
Hanumangarh-2 Sub-PMU
Sub-PMU office (WRD
& other department)
Regional consultant (Hanumangarh-2)
request support
Instruction & coordination
Instruction&
Coordination
Consultant Main office (Jaipur)
Jaipur Sub-PMU
Sub-PMU office (WRD
& other department)
Regional Consultant (Jaipur)
PMU office in Jaipur
request support
Section 5. – Terms of Reference
No Activities
9) Coordination between PMU/Sub-PMU, relevant departments, NGOs and other; and
10) Coordination between PMU and JICA and support to PMU in adhering to JICA reporting requirements ( PSR, PCR and other requirements which emerge out discussios during JICA Review Missions during the course of the project.
Component-
1
Participatory Irrigation Rehabilitation Works
1.1 Rehabilitation of Irrigation Facilities
1) To assist PMU to provide trainings on Preparation and Review of DPRs to field officers under Sub-PMUs
2) To provide trainings on Construction Supervision and Contract Management to PMU and Sub-PMU staff as well as Contractor Staff
3) To assist PMU to execute detail design works through SID subletting works
4) To assist PMU in supervising and controlling the progress, quality control, cost and safety of irrigation rehabilitation works in accordance with the approved specifications and drawaing.
5) To assist PMU and Sub-PMU to call regular construction meeting
6) To assist PMU to provide trainings on Operation and Maintenance to Sub-PMU and WUA
1.2 Promotion of Micro
Irrigation 1) To provide awareness program regarding promotion of micro
irrigation to Sub-PMU, NGO and farmers in sub-project site. 2) To assist PMU to provide orientation to farmers for their
participation to this scheme 3) To assist PMU to select beneficiary group/individuals and
make MOU with them 4) To assist PMU to provide micro irrigation system and
capacity building for using the facilities 5) To assist Sub-PMU and NGO to conduct follow-up visit
1.3 Introduction of Water Users Association (WUA) Constructive Facilities
1) To plan and design the WUA constructive facilities 2) To assist PMU to construct the WUA constructive facilities
Component-
2
Fostering and Capacity Enhancement of Water Users Organizations
2.1 Establishment of WUA Support Mechanism
1) To coordinate and assist IMIT to develop project materials/tools for WUA establishment
2) To coordinate and assistIMTI for module for orientation and Training of Trainers (ToT) trainings in different level for WUA establishment
3) To establish monitoring system through project management activities
2.2 Capacity Building of WUA Management
1) To assist PMU/Sub-PMU to formulate WUA at each subproject
2) Prepare guideline and manual for capacity building of WUAs. 3) To assist PMU/Sub-PMUto provide capacity development
training 4) To assist PMU/Sub-PMU to support WUA regular and ad-hoc
activities, like regular meeting, stage-wise review meetings,etc.
5) To support and facilitate WUA Support Taskforce to monitor WUA Support Activities and collect relevant data of WUA
6) To assist PMU/Sub-PMU to monitor the hand-over of irrigation facility to WUA as well as the implementation of
Section 5. – Terms of Reference
No Activities
follow-up training.
2.3 Improvement of Agriculture Linkage
1) To assist PMU to strengthen linkage between farmers and Agriculture organization
2) To assist PMU to conduct agriculture demonstration
Component-
3-1
Irrigated Agriculture Intensification and Diversification
3.1 Training of Trainers for Agriculture
To assist DoA/DoH to implement following activities in cooperation with PMU: 1) To provide workshop for high-rank officers 2) To provide ToT training on general agriculture techniques, 3) To provide ToT training on specific cultivation techniques on
cereals, pulses and oilseeds, 4) To provide ToT training on specific cultivation techniques on
spices and medicinal plants, 5) To provide ToT training on exotic vegetables, 6) To provide ToT training on oranges/citrus, and 7) To provide ToT training on quality improvement for Total
Soluble Solids (TSS)
3.2 Exposure Visit for Agriculture Trainers
1) To assess needs for exposure visit and plan 2) To coordinate exposure visit to advanced state (ex. Punjab
agriculture university) for orange cultivation and exotic vegetable cultivation
3.3 Improvement of Agriculture Support System
1) To assist PMU to formulate a task team for farmers’ friendly manuals and prepare sample materials (compilation of 10 visual manuals for farmers)
2) To create detailed developmnent plan of the strengthening agriculture information centre based on DoA’s proposal
3) To support PMU and DoA to set-up strengthened multi-commucation services (Call Centre) as well as SMS services
3.4 Agriculture Farmers’ training
To assist NGOs and PMU in the following activities: 1) To provide farmers training on general agriculture techniques, 2) Toprovide farmers training on specific cultivation techniques
on cereals, pulses and oilseeds, 3) To provide farmers training on specific cultivation techniques
on spices and medicinal plants, 4) To provide farmers training on exotic vegetables, 5) To provide farmers training on oranges/citrus, and 6) To provide farmers training on quality improvement for TSS 7) To provide marketing survey
3.5 Agriculture Demonstration farm
To assist DoA/DoH to implement following activities in cooperation with PMU:
1) To establish orange demonstration farm (4 farmers) 1ha 2) To establish exotic vegetable demonstration farm (7 farmers
in focal area) 0.4ha 3) To mentor demonstration farm (oranges and exotic
vegetables) (11 farmers) 4) To monitor demonstration farm’s activities
Component-
3-2
Agro-processing, Marketing, and Promotion of High Value Agriculture Produces
3.6 FIG formulation for cooperative activities
To assist NGOs and PMU/Sub-PMU in the following activities: 1) To select target group 2) To provide guidance 3) To provide training for accessing loan 4) To implement group procurement activities
Section 5. – Terms of Reference
No Activities
5) To implement group maintenance & accessing services (machinery, farm pond, etc.)
6) To implement collective marketing activities 7) To conduct review meeting 8) To provide experience sharing meeting with potential FIGs 9) To provide guidance for FPO formulation
3.7 Connecting with large-size consumers (Matching meeting)
Following activities shall be implemented in cooperation with PMU/Sub-PMU:
1) To provide guidance and info compiling for matching meeting
2) To implement 1st matching meeting 3) To provide 1st gap filling training (quantity, timing) 4) To review and improvement 5) To provide 2nd matching meeting 6) To provide 2nd gap filling training (postharvest quality) 7) To monitor sales after matching meetings
3.9 Connecting with small-size consumers (exotic vegetables)
Following activities shall be implemented in cooperation with PMU/Sub-PMU:
1) Toconfirm and assess current productivity and marketability 2) Toprovide guidance for sales activities 3) Toassist farmers’ sales to market (Jaipur, etc.) 4) Toprovide sales visit to hotels/restaurants 5) To have demonstration
5.1 Confirming productivity and marketability 5.2 Sales to Market (Jaipur, etc.) 5.3 Sales visit to hotels/restaurants
3.2.4 Brand building for high-value agro produces
Following activities shall be implemented in cooperation with PMU/Sub-PMU:
1) To provide ToT training 2) To coordinate activity groups 3) To implement experimental farm for increasing sugar content 4) To provide special training for quality improvement (sugar
content, packaging, sales, quality standards) 5) To operate antenna shops 6) Toprovide tasting events, Farmers' Fai, and Multimedia
advertising
Component-
4
Gender Mainstreaming in Agriculture and Water Sector
4.1 Supporting the institutionalization of gender mainstreaming in water management
1) To assist PMU to develop and adopt gender-responsive rules and guidelines of Participatory Irrigation Management Act, including insertion of gender-responsive clause into the ACT, as an amendment
2) To incorporate gender perspectives into existing capacity building activities in water management
3) To establish gender disaggregated data collection system
4.2 Enhancement of women’s capability and participation in WUA
To assist NGOs and PMU in the following activities: 1) To formulate WUA Women Wing 2) To introduceand facilitate the Women Friendly activities, such
as women friendly facilities and women friendly trees 3) To encourage women participation in WUA activities 4) Toprovide trainings and exposure activities
4.3 Capacity building on agricultural technologies through SHGs
To assist NGOs and PMU in the following activities: 1) To provide orientation to SHG 2) To select the target groups
Section 5. – Terms of Reference
No Activities
3) To provide training for group management 4) To provide training for agricultural technique 5) To monitor and mentor the groups for sustainable activities
4.4 Support to Women Friendly Activities
1) To support SID Consultant as well as NGO to plan the women friendly facilities and the women friendly trees
2) To assist PMU to monitor the construction of the women friendly facilities, and to plant the women friendly trees
Component-
5
Enhancement of Project Implementation
5.1 NGO Services 1) To assist PMU to procure 5 NGOs for supporting to (a) WUA establishment, (b) agriculture & marketing, and (c) gender mainstreaming activities
2) To supervise NGOs activities, including check of activities and outputs and review the reports.
3) Provide technical advice to NGOs for effective and timely implementation of the activities
5.2 Monitoring and Training for Environmental and Social Aspect
1) To provide trainings to project staff upto the sub-PMU level 2) To monitor the soil and water qualities, pollution testing
during construction 3) To execute annual environmental assessments (in-house) for
ten sub-projects for five years
5.3 Monitoring and Evaluation
To assist PMU to procure a 3rd party monitoring and evaluation
consultant who has the following duties;
1) Carrying out a review of the project preparation documents
with regard to project monitoring and evaluation (ME) and
drawing attention to changes which may have necessary
since their preparation;
2) Set up M&E frameworks for overall project activities;
3) Prepare selection and appraisal manual and plans;
4) Prepare evaluation criteria for each activity, and role and
tasks of the agencies.
5) Carrying out 3 times of monitoring and evaluation works, i.e
(1) baseline survey, (2) mid-term survey, and (3) terminal
impact assessment.
Note: Direct costs of the above mentioned scopes & activities should be arraged by PMU, since the contract
of the consultancy services does not include such direct costs.
4. Expected Time Schedule
The total duration of consulting services will be 84 months; starting on 1st January, 2018 and ending on
31stDecember, 2024.
5. Staffing (Expert Requirement)
The minimum man-month (M/M) input of the Consultants is estimated at 181M/M of International
Expert and 704 M/M of Local Expert for the contract period of 84 months. The following experts and
technical supporting staff would be assigned to the consultant team.
Section 5. – Terms of Reference
Designation No. Professional (A) : International Expert
Team Leader A-1
Sr. Agriculture Development Expert A-2
Sr. Gender Mainstreaming Expert A-3
Sr. Food Value Chain Expert A-4
Sr. Procurement Eng. A-5
Sr. Water Management & institutional Expert A-6
Sub-total (A)
Professional (B): Local Expert
Co-Team Leader B-1
Regional Management Expert-1 B-2
Regional Management Expert-2 B-3
Regional Management Expert-3 B-4
Regional Management Expert-4 B-5
Regional Management Expert-5 B-6
Agriculture & Food Value Chain Expert-1 B-7
Agriculture & Food Value Chain Expert-2 B-8
Gender Mainstreaming Expert B-9
Procurement Expert B-10
Water Management & institutional Expert B-11
Environmental Expert B-12
Construction Quality Expert B-13
Sub-total (B)
Technical supporting staff
Technical Assistant for Irrigation & WUA (5 Nos) C-1
Technical Assistant for Agriculture &Food Value Chain (5 Nos) C-2
Technical Assistant for Gender (5 Nos) C-3
Sub-total
5.1 Qualification of Experts
The minimum qualification of Key Expertsisshown in the tablebelow.
Table 6 Minimum Qualification of Key Experts of the Consulting Services
No Designation Minimum Qualification
Professional (A): International Expert
A-1 Team Leader
Education:
• B.S./B.E./B.TEC in irrigation or civil engineering.
Experience:
• 15 years’ work experience in irrigation-related projects;
• 2 comprehensive irrigation-related projects in which he/she served as team
leader or co-team leader;
• 2 irrigation-related projects in South Asian countries, preferably India; and
•10 years’ work experience in Externalaided projects,
•5 years’ work experience in Japanese ODA loan projects.
Language (English):
Proficient in writing and speaking
A-2
Sr. Agriculture
Development
Expert
Education:
• B.S./B.E./B.TEC in agriculture.
Experience:
• 8years’ work experience in agriculture development, preferably vegetable
Section 5. – Terms of Reference
No Designation Minimum Qualification
and fruit cultivation;
• 1 agriculture development project in South Asian countries, especially India
is preferable;
•3 years’ work experience in Japanese ODA projects.
Language (English):
Proficient in writing and speaking
A-3
Sr. Gender
Mainstreaming
Expert
Education:
• Bachelor degree in agriculture or rural development or social work or home
science or other relevant fields for this task. Master Degree is preferable.
Experience:
• 8 years’ work experience in gender issue, rural development, social work, or
other relevant fields for this task
• 1 rural development project in South Asian countries, especially India is
preferable;
• 3 years’ work experience in Japanese ODA projects.
Language (English):
Proficient in writing and speaking
A-4 Sr. Food Value
Chain Expert
Education:
• B.S./B.E./B.TEC/B.B.A in agriculture or rural development, or economics
or business administration or social work or other relevant fields for this task
Experience:
• 8 years’ work experience in agriculture or rural development, preferably
food value chain, marketing, agro-processing, or livelihood;
• 1 rural development project in South Asian countries, especially India is
preferable;
• 3 years’ work experience in Japanese ODA projects.
Language (English):
Proficient in writing and speaking
Professional (B): Local Expert
B-1 Co-team Leader
Education:
• B.S./B.E./B.TEC in irrigation or civil engineering.
Experience:
• 10 years’ work experience in irrigation-related projects;
•1 comprehensive irrigation-related projects in which he/she served as team
leader or co-team leader;
• 3 years’ experience in External aided projects.
Language (English):
Proficient in writing and speaking
B-
2,3,4,5
,&6
Regional
Management
Expert-1-5
Education:
• B.S./B.E./B.TEC in irrigation or civil engineering
Experience:
• 5 years’ work experience in planning, design and construction supervision of
irrigation-related projects or rural development project as project
management;
• 1 years’ experience in External aided projects, preferably.
Language (English):
Proficient in writing and speaking
B-
7&8
Agricultural & FVC
Expert
Education:
• B.S./B.E./B.TEC in agriculture.
Experience:
• 5 years’ work experience in agriculture development, preferably vegetable ,
Section 5. – Terms of Reference
No Designation Minimum Qualification
fruit cultivation, food value chain, marketing, agro-processing, or livelihood;
•1 years’ work experience in External aided projects.
Language (English):
Proficient in writing and speaking
B-9
Gender
Mainstreaming
Expert
Education:
• Bachelor degree in agriculture or rural development or social work or home
science or other relevant fields for this task.
Experience:
• 5 years’ work experience in gender issue, rural development, social work, or
other relevant fields for this task
•1 years’ work experience in External aided projects.
Language (English):
Proficient in writing and speaking
B-10 Procurement Expert
Education:
• B. Com &MBA (Economics or Finance)
Experience:
• 5 years’ work experience in Procurement of services, works & goods and
preparation of bid documents, bid evaluation, or similar;
• 1 years’ experience in External aided projects
B-11
Water Management
and Institutional
Expert
Education:
• B.S./B.E./B.TEC in irrigation or civil engineering.
Experience:
• 5 years’ work experience in agriculture development, preferably irrigation
water management and O&M;
•1 years’ work experience in External aided projects .
B-12 Environmental
Expert
Education:
• B.S./B.E./B.TEC in Environment Science or Civil engineering.
Experience:
• 5 years’ work experience in Environmental related projects.
• 1 years’ experience in External aided projects.
Language (English):
Proficient in writing and speaking
B-13 Construction
Quality Expert
Education:
• B.S./B.E./B.TEC in irrigation or civil engineering.
Experience:
• 5 years’ work experience in planning, design and construction supervision,
quality control of irrigation-related projects or similar;
• 1 years’ experience in External aided projects.
Language (English):
Proficient in writing and speaking
Consultant may propose other experts and supporting staffs required to accomplish the tasks outlined
in the ToR.It is the consultant’s responsibility to select the optimum team and to propose the
professionals which he believes best meets the needs of RWSLIP.
5.2 Scope of Works for the respective personnel
The major tasks and duties of each member of the consultant team are described as followed.
Section 5. – Terms of Reference
Table 7 Major Tasks and Duties of Experts of the Consulting Services
No Position Major Tasks and Duties
A-1
B-1
Team Leader&
Co-team Leader
1) Setting-up an effective organizational structure for the consultant team. Preparing and implementing all administrative systems and procedures needed to ensure the effective implementation in accordance with the scope of works with acceptable international standards.
2) Being responsible for overall direction of the consultant Team, coordination of inputs, and management of individual experts.
3) Being responsible for the overall management of planning, design, construction
supervision for agriculture infrastructure, institution building program, demonstration farm, food value chain improvement and any other farmers support program in the Project.
4) Having overall responsibility for the timely delivery and quality of all outputs.
5) Being responsible for managing the relationships with the Government, PMU, JICA and all other stakeholders.
6) Advising on construction and contracting methods, and performing a
comprehensive analysis of options, benefits, risks, mobilization and implementation schedules.
7) Assisting PMU to prepare invitation for tender; bid evaluation criteria, initially evaluating and providing advice to the PMU on alternative proposals, and
elaborating on recommendations with a ranking of all contractors concluding with a suggestion of the technically and economically qualified bidder.
8) Being responsible for identifying important technical and managerial issues which affect progress, safety, quality and compliance with safeguards.
9) Assisting PMU for reviewing mobilization of the Contractor’s resources (experience of the personnel, equipment and tools, quality and quantity of material, funds, etc.) and recommending additional resources to be mobilized.
10) Being responsible for guiding, coordinating and supporting program activities
and providing overall guidance and direction, and ensure that the consultant works in harmony with other ongoing and planned programs.
11) Advising PMU in coordinating the planning, management, monitoring and reporting of all project activities including supporting the development and
implementation of progress monitoring systems.
12) Advising PMU with packaging contracts and finalizing tender documents.
13) Coordinating with and assisting PMU on any relevant activities in the Project..
14) Being responsible for preparing monthly progress reports and quarterly progress reports in a form agreed with the PMU and JICA, and submit the reports. In particular progress and information about gender mainstreaming should be included without fail.
15) Being responsible for preparing a final report, which will be a compilation and condensation of the data presented in regular monthly progress reports, together with copies of as-built drawings within two months from the issuance of the defects liability certificate.
16) Being responsible for preparing a services completion report.
17) Being responsible for monitoring and supporting NGO’s activities to accomplish NGO’s duties, including progress monitoring, instruction and provision of advices, if necessary.
18) In absence of Pro A Team Leader, his/her responsibility will be discharged to other Pro A consultant or Pro B Co-Team Leader, in consultation with Pro A Team Leader as well as PMU.
A-2
B7&8
Sr. Agriculture
Development
Expert&
Agriculture and
FVC Expert-1&2
1) Being responsible for assessing training needs and design training programs to
strengthen the officers of PMU/sub-PMU, NGO, DoA & DoH, and other relevant agencies in ToT training in collaboration with other experts;
2) Being responsible for preparing training modules and materials in relation to
capacity building regarding all the aspect of agriculture practices;
3) Assisting to prepare, review and revised, if necessary Command Area Micro
Section 5. – Terms of Reference
No Position Major Tasks and Duties
Plan (CAMP) of 5 sub-PMUs and discuss detail;
4) Being responsible for carry out ToT trainings to PMU/sub-PMU officers, NGO, DoA&DoH officers, and other relevant officers;
5) Being responsible for implementing (a) the demonstration farms and (b) the experimental farms for marketing purposes in cooperation with DoA and DoH officers;
6) Providing technical advices, if necessary, to all kind of demonstration farm
plots in the Project.
7) Assisting various type of farmers trainings which are arranged by NGO in cooperation with DoA/DoH officers;
8) Assisting the PMU/sub-PMU in Supervising and advising capacity building trainings to farmers, WUAs and FIG/FPOs;
9) Provide advice and guidance to the PMU/sub-PMU on the implementation of the training program which may include exposure visits on inter-blocks and inter-districts;
10) Assist the PMU/sub-PMU with implementing the training program by providing logistical support; and
11) Being responsible for monitoring and supporting NGO’s activities to
accomplish NGO’s duties, including progress monitoring, instruction and provision of advices, if necessary.
A-3
B9
Sr. Gender
Mainstreaming
Expert&
Gender
Mainstreaming
Expert
1) Being responsible for assessing training needs and design training programs to
strengthen the officers of PMU/sub-PMU, WCD officers, and other relevant agencies in training in collaboration with other experts;
2) Being responsible for prepare training modules and materials for ToT training of WUA in cooperation with WCD officers to capacity building regarding all the aspect of gender mainstreaming sector;
3) Assisting to prepare, review and revised, if necessary Command Area Micro Plan (CAMP) of 5 sub-PMUs and discuss detail;
4) Assisting to implement all the required trainings in cooperation with WCD
officers and NGOs.
5) Being responsible for supervising and advising capacity building trainings made by NGOs to farmers, WUAs and FIG/FPOs;
6) Being responsible for supervising and advising SHGs’ activities organized by
NGOs, DoA, and WCD;
7) Provide advice and guidance to the PMU/sub-PMU on the implementation of the collection of disaggregated data for gender mainstreaming;
8) Assist the PMU/sub-PMU with implementing the training program by providing logistical support.
9) Being responsible for monitoring, assisting and mentoring NGO’s activities for gender mainstreaming sectors and WUA strengthening sector, in particular
regarding gender issues, e.g. WUA Women Wing, the Gender Action Plan and so on. Provide advice and guidance to the PMU/sub-PMU on the implementation of the training program which may include exposure visits on inter-blocks and inter-districts;
10) Being responsible for monitoring and supporting NGO’s activities to accomplish NGO’s duties, including progress monitoring, instruction and
provision of advices, if necessary; and
11) Being responsible for assisting WUA Women Wing’s activities executed by NGO, PMU and others.
12) Participation and support to PMU in organizing Gender Advisory Committee
meeting.
13) Support to Gender Expert to be deployed by JICA
A-4
Sr. Food Value
Chain Expert&
1) Being responsible for assessing training needs and design training programs to strengthen the officers of PMU/sub-PMU, NGO, DoA& DoH, and other relevant agencies in ToT training in collaboration with other experts;
Section 5. – Terms of Reference
No Position Major Tasks and Duties
B7&8 Agriculture and
FVC Expert-1&2
2) Being responsible for preparing training modules and materials in relation to capacity building regarding all the aspect of food value chain practices in particular FIG/FPO formulation;
3) Assisting to prepare, review and revised, if necessary Command Area Micro
Plan (CAMP) of 5 sub-PMUs and discuss detail;
4) Being responsible for carrying out ToT trainings to PMU/sub-PMU officers, NGO, DoA&DoH officers, and other relevant officers;
5) Being responsible for implementing the experimental farms for marketing purpose in cooperation with DoA and DoH officers;
6) Being responsible for supervising and advising various type of farmers
trainings for FIG/FPOs which are arranged by NGO in cooperation with DoA/DoH officers;
7) Being responsible for implementing activities for strengthening linkage between producers and consumers, including identifying target consumers in Dehli or other big towns, introduction of the agro-products from the Market-oriented experimental plots to such target consumers through ;
8) Being responsible for implementing activities for strengthening linkage between producers and agro-processers/factories through the matching meeting method, including identifying, communicating, discussing with target agro-processors/factories in Dehli or other big towns;
9) Being responsible for implementing promotion activities for high value added agriculture produces;
10) Provide advice and guidance to the PMU/sub-PMU on the implementation of the training program which may include exposure visits on inter-blocks and
inter-districts;
11) Assist the PMU/sub-PMU with implementing the training program by providing logistical support.
12) Being responsible for monitoring and supporting NGO’s activities to
accomplish NGO’s duties, including progress monitoring, instruction and provision of advices, if necessary for agriculture sectors.
A-5
B-10
Sr. Procurèrent
Expert &
Procurèrent Expert
1) Being responsible for reviewing the procurement plan and contract packages
with regard to procurement and financial management, and draw attention to changes which may have become necessary since their preparation;
2) Assisting the PMU with procurement, review the progress, recommend adjustments and identify lessons learnt that can be applied to procurement of all other remaining packages in the procurement plan;
3) Annually updating the procurement plan according to actual implementation schedule and agreed changes, accounting for content, schedule, resources, contract awards and disbursement;
4) Being responsible for preparing a procurement handbook in accordance with
JICA procurement policies and guidelines and government regulation. The handbook should include guidelines for effective implementation of the procurement, and providing guidance on bid notification and bid submission, bid evaluation and contract award, contract supervision and payment;
5) Guiding, supporting and monitoring the PMU in procurement and financial
management in accordance with the procurement guidelines;
6) Assisting cost estimate, bill of quantities, disbursement plan;
7) Being responsible for preparing standard criteria and checklists for evaluation
of the tenders and assist the PMU in preparation of the bid evaluation reports, and assist them in reviewing the selection process of bidders;
8) Assisting the PMU/sun-PMU with contract negotiations, preparation of contracts and contract awards;
9) Managing complete and updated files on all contractual issues including submittals, securities, insurance, and related documents;
A-6 Sr. Water 1) Being responsible for assessing training needs and design training programs to
Section 5. – Terms of Reference
No Position Major Tasks and Duties
B-11
Management &
institutional Expert
WaterManagement
& institutional
Expert
strengthen the officers of PMU/sub-PMU, NGO, DoA&DoH, and other relevant agencies in ToT training for WUA in collaboration with other experts;
2) Being responsible for prepare training modules and materials in relation to institution capacity building of the PMU in collaboration with IMTI officers;
3) Being responsible for carrying out ToT trainings for WUA to PMU/sub-PMU officers, NGO, DoA&DoH officers, and other relevant officers;
4) Being responsible for supervising and advising capacity building trainings to
WUAs which are conducted by NGO;
5) Provide advice and guidance to the PMU/sub-PMU on the implementation of the training program which may include exposure visits on inter-blocks and inter-districts;
6) Assist the PMU/sub-PMU with implementing the training program by providing logistical support.
7) Being responsible for monitoring and supporting NGO’s activities to accomplish NGO’s duties, including progress monitoring, instruction and
provision of advices, if necessary for agriculture sectors.
B12 Environmental
Expert
1) Being responsible for reviewing the frameworks, other manual and instructions which were prepared in the project formulating period in order to seize precise
requirement in terms of environmental monitoring and management;
2) Support the Team Leader and PMU/sub-PMU in ensuring that the Project is implemented in accordance with the environmental development plan;
3) Being responsible for reviewing the environmental part in each Detail Project
Report in order to confirm the actual influence of sub-project at field level;
4) Assist PMU and sub-PMU by providing guidance to monitor and manage environmental issues during construction period;
5) Assist PMU for formulating Environmental Management Plan and Environmental Monitoring Plan at required number of sub-projects as sample monitoring;
6) Assist the PMU/sub-PMU with implementing the training program by
providing technical support.
7) Assist PMU in establishing the Environmental and Social Management System in the Project (Integration of environmental and social aspects in Project Monitoring System).
8) Assist PMU and sub-PMUs in annual environmental assessments of selected sub-projects.
9) Assist PMU in developing detailed ToR for Third Party Environmental Assessments/ Audits, and assist in conducting Third Party Environmental
Assessments.
Section 5. – Terms of Reference
No Position Major Tasks and Duties
B-13
Construction
Quality Engineer
1) Assisting PMU for reviewing and evaluating all the Detail Project Reports (DPRs) prepared by the SID contractors in order to obtain realistic project plan in each sub-projects. Request SID contractors to rework their works if necessary.
2) At the beginning of each construction stage, carrying out design review and providing technical advices on detail design data and drawings which are prepared by the SID contractors for civil works (Minor and medium irrigation projects) with sun-PMU engineers. Request SID contractors to rework their works if necessary.
3) On the course of construction works, assisting PMU for carrying out design review and technical advices on detail design data and drawings according to the actual site situation at construction site. Then request SID contractors to revise the drawings and calculation, if necessary.
4) Assisting PMU for carrying out construction supervision of civil works (minor and medium irrigation projects) with the sub-PMU officers for the following works, pre-construction meeting, review and advice contractor’s work plan, work progress control, quality control, safety control, etc;
5) Assisting the PMU/sub-PMU, at variation orders and modification of the
contract, on contract negotiations, preparation of variation orders/contract documents;
6) Assisting PMU for managing complete and updated files on all contractual issues including submittals, securities, insurance, and related documents;
7) Assisting PMU for examining contractor’s claims and support the PMU/sub-PMU with determination of need for contract variations, etc.;
8) Assisting the PMU/sub-PMU for updating, monitoring and evaluating the payment and disbursement of all packages in the project and identifying the
causes of existing problems, delays and proposed remedial measures;
9) Assisting the PMU/sub-PMU in preparing monthly reports for procurement and contract awards, contract management and performance of each contract package, and
10) Providing advice as required helping resolve contractual and construction matters.
B2,3,4,5,&6 Regional
Management
Expert-1 to 5
1) Assist for reviewing and evaluating all the Detail Project Reports (DPRs)
prepared by the SID contractors in order to obtain realistic project plan in each sub-projects. Request SID contractors to rework their works if necessary.
2) At the beginning and on the course of each construction stage, carrying out design review and providing technical advices on detail design data and
drawings which are prepared by the SID contractors for civil works (Minor and medium irrigation projects) with sub-PMU engineers. Request SID contractors to rework their works if necessary.
3) Assist for providing technical advices to the sub-PMU officers occasionally in terms of design and construction matters.
4) Assist for carrying out construction supervision of civil works with the sub-PMU officers for the following works, pre-construction meeting, review and advice contractor's work plan, work progress control, quality control, safety control, etc.
5) Assisting the Sr. Planning and Design Expert and Sr Construction
Quality Engineer in several activities at design and construction stages.
6) Assist for carrying out overall project management of soft-components, such as agriculture, WUA empowerment, food value chain improvement, gender mainstreaming as well as rehabilitation of irrigation facilities in cooperation with other experts.
7) Assisting the PMU/sub-PMU, at variation orders and modification of the
contract, on contract negotiations, preparation of variation orders/contract documents.
Section 5. – Terms of Reference
No Position Major Tasks and Duties
8) Assisting the PMU/sub-PMU in controlling NGOs in order to implement several activities in each component.
9) Assisting the PMU in preparing monthly reports for procurement and contract
awards, contract management and performance of each contract package.
10) Being responsible for monitoring and supporting NGO’s activities to accomplish NGO’s duties, including progress monitoring, instruction and provision of advices, if necessary for agriculture sectors.
6. Reporting
Within the scope of consulting services, the Consultantshall prepare and submit reports and documents
to PMU as shown in table below. The Consultant shall provide the both hard copy and electronic copy
of each of these reports.
Table 8 Summary of Reports to be submitted by PMC
Category Type of Report Timing No. of Copies
Consultancy Services Inception Report Within 01month after
commencement of the Services 5
Monthly Progress Report Monthly, by the 7th of each
following month 5
Quarterly Progress Report Quarterly, by the 15th of the
following month 5
Annual Progress Report &Work
Plan of next year
Annually, by the 15th of the
following month 5
Project Completion Report At the end of Services 10
Bidding Bid document in Stage-1 as a
sample Bid Documents for stage-2
and stage-3 for selection of
contractors
At appropriate timing in
accordance with bid schedule 5
Sample Bid Evaluation Report for
Bid evaluation report in Stage-1 as
a sample bid evaluation reports for
stage-2 and stage-3 for selection of
contractors
At appropriate timing in
accordance with bid schedule 5
Construction Supervision Construction check list for
irrigation project and
Manual/guideline for Safety
Control
Within3 month after
commencement of the Services 5
Completion Report Within 1 month after the
completion of each contract period 5
Training Annual Training Programme Annually, by the 15th of the
following month 5
Evaluation Report of Training
Programme
Annually, by the 15th of the
following month 5
Environment and Social
Management System
Environmental Management Plan Annually, by the 15th of the
following month 5
Environmental Monitoring Plan Annually, by the 15th of the
following month 5
Screening and Evaluation
Report for Selecting sub-
projects
For Stage-2 At appropriate timing in
accordance with implementation
schedule
5
For Stage-3 5
Other Report Technical Report As required or upon request As required
Section 5. – Terms of Reference
Contents to be included in each report are as follows:
(1) Inception Report (5 sets)
Inception report, to be submitted within one months after the commencement of the services, shall
contain overall work schedule, work plan, administrative arrangement, results of review of available
data and information, relevant to the project during the inception period, and so on.
(2) Monthly Progress Report and Quarterly Progress Report (5 sets)
Monthly progress report and quarterly progress report, to be prepared monthly by the 7thof the
following month and quarterly by the 15thof the following month, shall contain detailed information of physical and financial progress of the project components, issues and problems, consultant’s input and
activities,and schedule of works for the next period. In addition, each report should also include
progress and information about gender mainstreaming activities; e.g. disbursement progress, periodical detailed progress monitoring results for gender maintreaming activities; indipendently in order to seize
the its current situation promptly.
(3) Annual Progress Report &Work Plan of next year(5 sets)
Annual progress report to be prepared annually by the 15thof the following month shall contain detailed information of physical and financial progress of the project components, issues and problems,
consultant’s input and activities. Annual work plan, to be prepared annually by the 15th of the
following month, shall contain detailed information of packaging plan, activities, schedule and budeget estimate for the next physical year.In particular, annual progress report should also include
precisely progress and information about gender mainstreaming activities, being apart from other
itmes, in order to seize the its current situation promptly.
(4) Project Completion Report (10 sets)
Based on the monitoring and evaluation records of the project activities, the Consultant shall prepare
and submit the project completion report which covers the results of all the project components at the
end of the services.
(5) Sample Bid Documents of Modernisation of Irrigation Project (5 sets)
Sample bid documents, to be prepared after the completion of design review/modification of irrigation
facilities, and if required PQ documents as well.
(6) Sample Bid Evaluation Report of Modernisation of Irrigation Project (5 sets)
Sample bid evaluation report, to be prepared after the completion of bid evaluation, and if required PQ
evaluation report as well.
(7) Sample Construction Check list for Irrigation Project and Manual/Guideline for Safety
Control(5 sets)
Sample construction check list, to be prepared in compliance with the government guideline within 3
months after the commencement of theservices, shall contain invitation for tender, standard tender
documents, criteria and checklist for evaluation, contract negotiations, preparation of contracts and
contract awards, etc.
(8) Completion Report for Sample Irrigation Projects(5 sets)
Completion report, to be prepared by the respective contractors within 1 month after the completion of
each contract package, shall be reviewed including contract amount and actual payment, contract amendment if any, scope of works, bills of quantities, work schedule and progress, and photographs,
Section 5. – Terms of Reference
ect.
(9) Annual Training Programme(5 sets)
Annual training Programme report, to be prepared annually by the 15th of the following month, shall
contain training details such as overall training plan, respective training subject, schedule, trainees,
number of trainers and cost.
(10) Evaluation Report of Training Programme(5 sets)
Evaluation report for trainings, to be prepared annually by the 15th of the following month, shall
contain list of training program, cost, number of participants, level of intelligibility, degree of
satisfaction, etc.
(11) Environmental Management Plan (5 sets)
Environmental management plan, to be prepared by the PMU annually, by the 15th of the following month
shall contain objectives, scope, inventory of natural resources, issues related to environmental
conservation, risk and mitigation meaures, roles of stakeholders, monitoring metod, cost, etc..
(12) Environmental Monitoring Plan (5 sets)
Environmental monitoring plan, to be prepared by the PMU annually by the 15th of the following
month, shall contain water qaulity, soil condition, fertilizer application, usage of forest products, etc..
(13) Screening and Evaluation Report for Selecting sub-projects (5 sets)
Screening and Evaluation Report for Selecting sub-projects should be prepared for Stage 2 and 3.
Based on the results of those report, sub-projects should be selected and implemented.
(14) Other Technical Reports (5 sets)
Technical Reports, as required, should be prepared on the specific technical issues with the aim to
enhance and upgrade technical understandings and skill of the executing agencies and managing
agency concerned for the project implementation.
7. Constitution of Review Committee
To ensure effective implementation of work entrusted to consultant and to review and O.K. their
'Reports', a Review Committee will be constituted by Water Resources Department. The Committee
will provide necessary advice and mid course correction, where necessary. Payment to the consultant
shall be done on monthly basis and subjected to review the progress / quantum of work of the
consultant by review committee. The composition of the committee is as under:-
1 Chief Engineer, Monitoring and Coordination PMU RWSLIP Water
Resources, Rajasthan, Jaipur
Chairman
2 Additional Chief Engineer, Implementation and Construction PMU
RWSLIP, Water Resources Department, Jaipur
Member
3 CAO, PMU RWSLIP, Water Resources, Jaipur Member
4 Dy. Director, Agriculture, PMU, RWSLIP Member
5 Dy. Director, Hortculture, PMU, RWSLIP Member
Section 5. – Terms of Reference
6 Dy. Director, Women and Child Development Department, PMU, RWSLIP Member
7 Superintending Engineer, PMU,RWSLIP, Jaipur Member
Secretary
8 Special Invitees (if required)
Representative of JICA India, New Delhi
Superintending Engineer of Sub-PMU RWSLIP WRD
Representative of Project Management Consultant
Chief Engineer & DG, IMTI, Kota
Member
8. Obligation of the Executing Agency
A certain range of arrangements and services will be provided by the executing agency to the
Consultant for smooth implementation of the Consulting Services. In this context, the WRD will
provide the followings:
(1) Report and data
Make available to the Consultant existing reports and data related to the Project.
(2) Cooperation and counterpart staff
Appoint counterpart officials, agent and representative as may be necessary for effective
implementation of the Consulting Services;
(3) Assistance and exemption
Use its best efforts to ensure that the assistance and exemption, as described in the Standard Request
for Proposal issued by JICA, will be provided to the Consultant, in relation to
- work permit and such other documents;
- entry and exit visas, residence permits, exchange permits and such other documents
- clearance through customs;
- instructions and information to officials, agent and representatives of the borrower ’s government;
- exemption from any requirement for registration to practice their profession; and
- privilege pursuant to the applicable law in the borrower ’s country.
Section 5. – Terms of Reference
Attachment-1
Irrigation List of the Sub-projects for Stage-1 under
RWSLIP
S.No. Name of project District / division Category of
scheme
1 Rehabilitation of NaharSagarPiplaj Irrigation Project
Ajmer Minor
2 Rehabilitation of Mansarovar Irrigation Project Alwar Minor
3 Rehabilitation of Bilas Medium Irrigation project Baran Medium
4 Rehabilitation of Ganeshgang Lift Irrigation
Scheme Baran Medium
5 Rehabilitation of Parwan Medium Irrigation Project Baran Medium
6
Rehabilitation of PossarMinor,Pai Dist., Nonera
Minor Gaonri Minor and Kirawata Minor of GMC
system
Bharatpur Gurgaon Canal
System
7 Rehabilitation of HateenMinor,Satpura Minor and
Kanchaner Minor of GMC system Bharatpur
Gurgaon Canal
System
8
Rehabilitation of NagalaZalim Singh
minor,Kanwadi Minor and Dhilawati minor of
GMC system
Bharatpur Gurgaon Canal
System
9 Renovation of Kothari Medium Irrigation Project Bhilwara Medium
10 Rehabilitation of AbhaypuraBimlat Irrigation
project Bundi Medium
11 Rehabilitation of Burdha Medium Irrigation project Bundi Medium
12 Rehabilitation of Somi Irrigation Project Chittorgarh Minor
13 KarnisinghDisty of Bhakra Canal System sub
project Hanumangarh Bhakra Canal
System
14 SuratgarhDisty. Part-I from Km. 0.000 to Km.
33.528 STG Ditch minor Hanumangarh Bhakra Canal
System
15
SuratgarhDisty. Part-II from Km.33.528 to Km.
48.768, Rampura Minor, Karnisar Minor
&Sardargarh Mr.
Hanumangarh Bhakra Canal
System
16 FatehpuraDisty, ChandoorwaliDisty. I & II
&KharaDisty. Of Bhakra Canal System Hanumangarh Bhakra Canal
System
17 PilibanganDisty. From Km. 0.000 to 34.217 of
Bhakra Canal System. Hanumangarh Bhakra Canal
System
18 SabuanaDisty. &Nagarana Minor of Bhakra Canal
System Hanumangarh Bhakra Canal
System
19 Kishanpura&SilwalaDisty. Of Bhakra Canal
System Hanumangarh Bhakra Canal
System
20 ManaksarDisty&Daulatpura Minor of Bhakra
Canal System Hanumangarh Bhakra Canal
System
21 Banwali Minor &Bhagsar Minor of Bhakra Canal
System Hanumangarh Bhakra Canal
System
22 Kararwala Minor , Bhagsar Sub Minor
&Sadulshahar sub minor of Bhakra Canal System Hanumangarh Bhakra Canal
System
Section 5. – Terms of Reference
23 HanumangarhDisty. of Bhakra Canal System Hanumangarh Bhakra Canal
System
24 Rehabilitation of Bhimsagar Medium Irrigation
Project Jhalawar Medium
25 Rehabilitation of Borda Minor Irrigation Project Jhalawar Minor
26 Rehabilitation of Canal System of Kalisil Dam Karauli Medium
27 Rehabilitation of Phulad Minor Irrigation Project Pali Minor
28 Rehabilitation of Baniawas Irrigation Project Pali Minor
29 Rehabilitation of Dheel Irrigation Project SawaiMadhopur Medium
30 Rehabilitation of Raipur Patan Irrigation Project Sikar Medium
31 Rehabilitation of West Banas Irrigation Project Sirohi Medium
32 Rehabilitation of Galvania Medium Irrigation
Project Tonk Medium
33 Rehabilitation of RamsagarGanwar Irrigation
Project Tonk Minor
34 Rehabilitation of Vallabh Nagar Irrigation Project Udaipur Medium
Section 5. – Terms of Reference
Attachment-2
List of the Proposed Irrigation Sub-projects under RWSLIP
S.No. Name of project District /
division
Category of
scheme
1 Rehabilitation of NaharSagarPiplaj Irrigation Project Ajmer Minor
2 Rehabilitation ofNarayanSagarJalia Irrigation Project Ajmer Medium
3 Rehabilitation ofSukhSagarSironj Irrigation Project Ajmer Minor
4 Rehabilitation ofVijaySagarLamba Irrigation Project Ajmer Minor
5 Rehabilitation of BankeySagarSawar Irrigation Project Ajmer Minor
6 Rehabilitation of Vijay SagarAkodiya Irrigation Project Ajmer Minor
7 Rehabilitation of KodiaSagar&SurkheliSagarArain Ajmer Minor
8 Rehabilitation of Madan SarovarDhanwa Irrigation Project Ajmer Minor
9 Rehabilitation of Mansarovar Irrigation Project Alwar Minor
10 Rehabilitation of Survaniya Dam Medium irrigation
Project Banswara Medium
11 Rehabilitation of Haro Dam Minor irrigation Project Banswara Minor
12 Rehabilitation of Delwara Tank Minor irrigation Project Banswara Minor
13 Rehabilitation of Makanpura Tank Minor irrigation Project Banswara Minor
14 Rehabilitation of Phootan Tank Minor irrigation Project Banswara Minor
15 Rehabilitation of Bhagora Tank Minor irrigation Project Banswara Minor
16 Rehabilitation of Bilas Medium Irrigation project Baran Medium
17 Rehabilitation of Ganeshgang Lift Irrigation Scheme Baran Medium
18 Rehabilitation of Parwan Medium Irrigation Project Baran Medium
19 UmmedSagar Medium Irrigation Project Baran Medium
20 Rehabilitation of Digod Lift Irrigation Project Baran Medium
21 Rehabilitation of PossarMinor,Pai Dist., Nonera Minor
Gaonri Minor and Kirawata Minor of GMC system Bharatpur
Gurgaon Canal
System
22 Rehabilitation of HateenMinor,Satpura Minor and
Kanchaner Minor of GMC system Bharatpur
Gurgaon Canal
System
23 Rehabilitation of NagalaZalim Singh minor,Kanwadi Minor and Dhilawati minor of GMC system
Bharatpur Gurgaon Canal
System
24 Rehabilitation Bharatpur Feeder System Bharatpur Medium
25 Rehabilitation of Bundh Baretha Medium Irrigation
Project Bharatpur Medium
26 Renovation of Kothari Medium Irrigation Project Bhilwara Medium
27 Rehabilitation of SankhraUndi Minor Irrigation Project Bhilwara Minor
28 Rehabilitation of Jaliya Minor Irrigation Project Bhilwara Minor
29 Rehabilitation of Shakkargarh Minor Irrigation Project Bhilwara Minor
30 Rehabilitation of Agucha Irrigation Project Bhilwara Minor
31 Rehabilitation of Nagdi Irrigation Project Bhilwara Minor
Section 5. – Terms of Reference
32 Rehabilitation of UmmedSagar Irrigation Project Bhilwara Medium
33 Renovation of Sareri Medium Irrigation Project Bhilwara Medium
34 Rehabilitation of NaharSagar Irrigation Project Bhilwara Medium
35 Rehabilitation of Motipura Irrigation Project Bhilwara Minor
36 Rehabilitation of DeoriNalla Irrigation Project Bhilwara Minor
37 Rehabilitation of DholaroiGagera Irrigation Project Bhilwara Minor
38 Rehabilitation of BhimSagarDikola Irrigation Project Bhilwara Minor
39 Rehabilitation of Baradpura Irrigation Project Bhilwara Minor
40 Rehabilitation of DevriyaKotri Irrigation Project Bhilwara Minor
41 Rehabilitation of Naogaon Irrigation Project Bhilwara Minor
42 Rehabilitation of DamtiKokra Minor Irrigation Project Bhilwara Minor
43 Rehabilitation of AbhaypuraBimlat Irrigation project Bundi Medium
44 Rehabilitation of Burdha Medium Irrigation project Bundi Medium
45 Rehabilitation of Somi Irrigation Project Chittorgarh Minor
46 Rehabilitation of Gahmbhri Irrigation Project Chittorgarh Medium
47 Rehabilitation of Bhupalsagar Irrigation Project Chittorgarh Medium
48 Rehabilitation of Badgaon Irrigation Project Chittorgarh Medium
49 Rehabilitation work of Rajgarh Canal System with
Construction of Feeder from Jalsagar Dam Chittorgarh Minor
50 Rehabilitation of BhanwarPipla Irrigation Project Chittorgarh Minor
51 Rehabilitation of Arniya Irrigation Project Chittorgarh Minor
52 Rehabilitation of Dorai Irrigation Project Chittorgarh Minor
53 Rehabilitation of Sintholi Minor Irrigation Project Dausa Minor
54 Rehabilitation of Urmila Sagar Irrigation Project Dholpur Medium
55 Rehabilitation of Ram Sagar Irrigation Project Dholpur Medium
56 Rehabilitation of Karawara Irrigation Project Dungarpur Minor
57 Rehabilitation of Galiyana Irrigation Project Dungarpur Minor
58 Rehabilitation of Punjpur Irrigation Project Dungarpur Minor
59 KarnisinghDisty of Bhakra Canal System sub project
Hanumangarh Bhakra Canal
System
60 SuratgarhDisty. Part-I from Km. 0.000 to Km. 33.528 STG
Ditch minor Hanumangarh Bhakra Canal
System
61 SuratgarhDisty. Part-II from Km.33.528 to Km. 48.768,
Rampura Minor, Karnisar Minor &Sardargarh Mr. Hanumangarh Bhakra Canal
System
62 FatehpuraDisty, ChandoorwaliDisty. I & II &KharaDisty. Of Bhakra Canal System Hanumangarh
Bhakra Canal
System
63 PilibanganDisty. From Km. 0.000 to 34.217 of Bhakra
Canal System. Hanumangarh Bhakra Canal
System
64 SabuanaDisty. &Nagarana Minor of Bhakra Canal System
Hanumangarh Bhakra Canal
System
65 Kishanpura&SilwalaDisty. Of Bhakra Canal System
Hanumangarh Bhakra Canal
System
Section 5. – Terms of Reference
66 ManaksarDisty&Daulatpura Minor of Bhakra Canal
System Hanumangarh Bhakra Canal
System
67 Banwali Minor &Bhagsar Minor of Bhakra Canal System
Hanumangarh Bhakra Canal
System
68 Kararwala Minor , Bhagsar Sub Minor &Sadulshahar sub
minor of Bhakra Canal System Hanumangarh Bhakra Canal
System
69 HanumangarhDisty. of Bhakra Canal System Hanumangarh Bhakra Canal
System
70
Rehabilitation of NTW km 0 to 8.36, BKW km 0 to 3.40,
KNJ Mr. Km 0 to 2.04, DBL Mr. Km 0 to 1.86 & SGM
km 0 to 15.85 of Bhakra canal system
Hanumangarh Bhakra Canal
System
71
Rehabilitation of R.K. Minor RD 0 to RD 11, Munda
Minor RD 0 to RD 41.325 Arian RD 0 to 53 & R Minor
RD 0 to Tail
Hanumangarh Medium
72
Rehabilitation of NGC Distributory RD 40 to 82.5,
Ranjitpura Minor RD 0 to 24.15 & Lakh Wali Minor RD 0
to 18.25
Hanumangarh Medium
73 Rehablitation of different reaches of various canals of
Nohar irrigation project Hanumangarh Medium
74 Rehablitation of different reaches of various canals of
sidhmukh irrigation project Hanumangarh Medium
75 Rehablitation of JogiwalaDistributory of Amarsingh Sub Branch System
Hanumangarh Minor
76 Rehabilitation ofHingonia Dam Jaipur Medium
77 Rehabilitation ofGangaSagar Jaipur Minor
78 Rehabilitation ofNayasagarMozmabad Jaipur Minor
79 Rehabilitation ofSheelkiDongariChaksu Jaipur Minor
80 Rehabilitation of Bhimsagar Medium Irrigation Project Jhalawar Medium
81 Rehabilitation of Borda Minor Irrigation Project Jhalawar Minor
82 Govardhanpura Minor Irrigation Project Jhalawar Minor
83 Ganeshpura Minor Irrigation Project Jhalawar Minor
84 Rehabilitation of Canal System of Kalisil Dam Karauli Medium
85 Alnia Medium Irrigation Project Kota Medium
86 Rehabilitation of Phulad Minor Irrigation Project Pali Minor
87 Rehabilitation of Baniawas Irrigation Project Pali Minor
88 Rehabilitation of Hemawas Irrigation Project Pali Medium
89 Rehabilitation of Amlia Minor Irrigation Project Pali Minor
90 Rehabilitation of Dantiwara Minor Irrigation Project Pali Minor
91 Rehabilitation of Dharia Irrigation Project Pali Minor
92 Rehabilitation of Gadola Irrigation Project Pratapgarh Minor
93 Rehabilitation of Wagan Irrigation Project Pratapgarh Medium
94 Rehabilitation of Baseda Lower Pratapgarh Minor
95 Rehabilitation of Neemjhar Irrigation Project Rajsamand Minor
96 Rehabilitation of Dheel Irrigation Project SawaiMadhopur Medium
Section 5. – Terms of Reference
97 Rehabilitation of Gandal Irrigation Project SawaiMadhopur Minor
98 Rehabilitation of Devpura MIP SawaiMadhopur Minor
99 Rehabilitation of Surwal Irrigation Project SawaiMadhopur Medium
100 Rehabilitation of Baniyawala Irrigation Project SawaiMadhopur Minor
101 Rehabilitation of New Tank Liwali MIP SawaiMadhopur Minor
102 Rehabilitation of Mui MIP SawaiMadhopur Minor
103 Rehabilitation of PP minor from RD 0 to 13.323 Shri Ganganagar Gang Canal
System
104 Rehabilitation of F- Branch system under RWSLIP Shri Ganganagar Gang Canal
System
105 Rehabilitation of LNP Disty and its system Shri Ganganagar Gang Canal
System
106 Rehabilitation of RB Distributary system under RWSLIP Shri Ganganagar Gang Canal
System
107 Rehabilitation of Farm Minor from RD 26.135 to 40.545 Shri Ganganagar Gang Canal
System
108 Rehabilitation of CG Distributary system under RWSLIP Shri Ganganagar Gang Canal
System
109 Rehabilitation of Y Minor system under RWSLIP Shri Ganganagar Gang Canal
System
110 Rehabilitation of H.H. Disty from RD 0 to 35.845 Shri Ganganagar Gang Canal
System
111 Rehabilitation of SamejaDisty and its system Shri Ganganagar Gang Canal
System
112 Rehabilitation of H Distributary system Shri Ganganagar Gang Canal
System
113 Rehabilitation of KarnijiDisty and its system Shri Ganganagar Gang Canal
System
114 Rehabilitation of PS Disty and its system Shri Ganganagar Gang Canal
System
115 Rehabilitation of Raipur Patan Irrigation Project Sikar Medium
116 Rehabilitation of Haripura Irrigation Project Sikar Minor
117 Rehabilitation of West Banas Irrigation Project Sirohi Medium
118 Rehabilitation of MahadevNallah Irrigation Project Sirohi Minor
119 Rehabilitation of KuiSagna Irrigation Project Sirohi Minor
120 Rehabilitation of Bageri Irrigation Project Sirohi Minor
121 Rehabilitation of Angore Irrigation Project Sirohi Medium
122 Rehabilitation of Gokul Bhai Bhatt Irrigation Project Sirohi Medium
123 Rehabilitation of AkhelaoMansarowar Sirohi Minor
124 Rehabilitation of Luneri Irrigation Project Sirohi Minor
125 Rehabilitation of Galvania Medium Irrigation Project Tonk Medium
126 Rehabilitation of RamsagarGanwar Irrigation Project Tonk Minor
127 Rehabilitation of Mashi Irrigation Project Tonk Medium
128 Rehabilitation of Thanwala Irrigation Project Tonk Minor
129 Rehabilitation of Kumhariya Irrigation Project Tonk Minor
130 Rehabilitation of KirawalSagar Irrigation Project Tonk Minor
Section 5. – Terms of Reference
131 Rehabilitation of Chandsen Irrigation Project Tonk Medium
132 Rehabilitation of Haripura Irrigation Project Tonk Minor
133 Rehabilitation of DuniSagar Irrigation Project Tonk Minor
134 Rehabilitation of SangramSagarNiwariya Tonk Minor
135 Rehabilitation of Mohamadgarh Irrigation Project Tonk Minor
136 Rehabilitation of Luhara South Irrigation Project Tonk Minor
137 Rehabilitation of Banetha Irrigation Project Tonk Minor
138 Rehabilitation of MansagarArniya Irrigation Project Tonk Minor
139 Rehabilitation of Parana Irrigation Project Tonk Minor
140 Rehabilitation of Bhanpura Irrigation Project Tonk Minor
141 Rehabilitation of RamsagarLambaHarisingh Tonk Minor
142 Rehabilitation of Vallabh Nagar Irrigation Project Udaipur Medium
143 Rehabilitation of Udaisagar Medium Irrigation Project Udaipur Medium
144 Rehabilitation of Sagwara Ki Pal Irrigation Project Udaipur Minor
145 Rehabilitation of Dundia Minor Irrigation Project Udaipur Minor
146 Rehabilitation of Sei Pick up Weir canal system Udaipur Minor
147 Rehabilitation of Harchand Tank and Canals Udaipur Minor
148 Rehabilitation of Som Pick Up Weir Medium Irrigation
Project Udaipur Minor
149 Rehabilitation of Ogna Irrigation Project Udaipur Minor
150 Rehabilitation ofBaxaka Naka Irrigation Project Udaipur Minor
151 Rehabilitation of Chawand Tank and Canal its minors Udaipur Minor
152 Rehabilitation of Phila Minor Irrigation Project Udaipur Minor
153 Rehabilitation of Semari Irrigation Project Udaipur Minor
Section 5. – Terms of Reference
Section 6.Standard Forms of Contract
Section 6. Annex I: Time-Based Contract
S T A N D A R D F O R M O F C O N T R A C T
ANNEX I.
Project Management Consultant
For
Rajasthan Water Sector Livelihood Improvement
Project (RWSLIP)
Time-Based Contract
Section 6. Annex I: Time-Based Contract
Section 6. Annex I: Time-Based Contract
Section 6. Annex I: Time-Based Contract
CONTRACT FOR CONSULTANTS’ SERVICES
Time-Based
Project Name: Rajasthan Water Sector Livelihood Improvement
Project (RWSLIP)
Loan Agreement No.:ID-P259
Contract No.:[insert contract number]
between
Government of Rajasthan- Water Resources Department (WRD)
and
[name of the Consultant]
Dated:
Section 6. Annex I: Time-Based Contract
Table of Contents
I. Form of Contract .........................................................................................................FC-1
II. General Conditions of Contract ................................................................................ GCC-1
III. Special Conditions of Contract ................................................................................. SCC-1
IV. Appendices
Appendix A – Description of Services .......................................................................... A-1
Appendix B – Reporting Requirements ......................................................................... A-1
Appendix C – Expert Schedule ..................................................................................... A-1
Appendix D – Remuneration Cost Estimates................................................................. A-1
Appendix E –Reimbursable Cost Estimates .................................................................. A-2
Appendix F– Summary of Cost Estimates ..................................................................... A-2
Appendix G – Services, Facilities and Property to be Provided by the Client ................ A-2
Appendix H – Form of Advance Payment Security ....................................................... A-2
Appendix I – Acknowledgment of Compliance withGuidelines for the Employment of
Consultants under Japanese ODA Loan ................................................... A-2
Section 6. Annex I (Time-Based) –I.Form of Contract FC-1
I. Form of Contract
TIME-BASED
[All notes should be deleted in final text]
This CONTRACT (hereinafter called the “Contract”) is made the [day] day of the month of
[month],[year], between, on the one hand, [name of Client] (hereinafter called the “Client”)
and, on the other hand, [name of Consultant] (hereinafter called the “Consultant”).
[Note: If the Consultant consists of more than one entity all of which are liable under the
contract, the above should be partially amended to read as follows:…(hereinafter called the
“Client”) and, on the other hand, a Joint Venture consisting of the following entities, each of
which will be jointly and severally liable to the Client for all the Consultant’s obligations
under this Contract, namely, [name of member] and [name of member] (hereinafter
collectively called the “Consultant”).]
WHEREAS
(a) the Client has requested the Consultant to provide certain consulting services as
defined in this Contract (hereinafter called the “Services”);
(b) the Consultant, having represented to the Client that it has the required
professional skills, expertise and technical resources, has agreed to provide the
Services on the terms and conditions set forth in this Contract;
(c) by an Agreement dated [day, month, year] (hereinafter called the Loan
Agreement) between the [name of Borrower] (hereinafter called the Borrower)
and Japan International Cooperation Agency (hereinafter called “JICA”), JICA
has agreed to make a loan to the Borrower for the purpose of financing Rajasthan
Water Sector Livelihood Improvement Project (hereinafter called the Project);
NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral part of
this Contract:
(a) Minutes of Contract Negotiation;
(b) The Special Conditions of Contract (SCC);
(c) The General Conditions of Contract (GCC);
(d) The following Appendices:
Appendix A: Description of Services
Appendix B: Reporting Requirements
Appendix C: Expert Schedule
Appendix D: Remuneration Cost Estimates
Section 6. Annex I (Time-Based) –I.Form of Contract FC-2
Appendix E: Reimbursable Cost Estimates
Appendix F: Summary of Cost Estimates
Appendix G: Services, Facilities and Equipment to be provided by the Client
Appendix H: Form of Advance Payments Security
Appendix I: Acknowledgment of Compliance with Guidelines for the
Employment of Consultants under Japanese ODA Loans
In the event of any ambiguity or conflict between the documents listed above, the
order of precedence shall be the order in which the documents are listed in this
Clause 1.
2. The mutual rights and obligations of the Client and the Consultant shall be as set forth
in the Contract, in particular:
(a) the Consultant shall carry out the Services in accordance with the provisions
of the Contract;
(b) the Client shall make payments to the Consultant in accordance with the
provisions of the Contract;
(c) Subject to subparagraph (d) hereunder, and notwithstanding any other
provisions of this Contract, payments under this Contract shall not exceed
[amount] in foreign currency/currencies, and [amount] in local currency.
Except as otherwise agreed between the Client and the Consultant:
(i) Foreign currency payments to the Consultant hereunder will be made in
[currency/currencies];
(ii) Local currency payments to the Consultant hereunder will be made in
[currency].
(d) The maximum amount specified in subparagraph (c) here above has been
fixed on the understanding that the Client will make available free of charge to
the Consultant the exemptions, assistance, services and facilities provided for
under Clause 5 of the General Conditions of Contract and in Appendix G as
required for the purposes of the Services. If any such exemptions, assistance,
services and facilities are not supplied, the parties shall consult regarding what
additional allowance (if any) should be made to the Consultant as a result
thereof to cover necessary additional expenses not envisaged in the cost
estimates in Appendices D and E.
Section 6. Annex I (Time-Based) –I.Form of Contract FC-3
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their
respective names as of the day and year first above written.
For and on behalf of [name of Client]
[Authorized Representative of the Client – name, title and signature]
For and on behalf of [name of Consultant or Name of a Joint Venture]
[Authorized Representative of the Consultant – name and signature]
[For a joint venture, either all members shall sign or only the member in charge, in which
case the power of attorney to sign on behalf of all members shall be attached.]
For and on behalf of each of the members of the Consultant [insert the name of the Joint
Venture]
[Name of the member in charge]
[Authorized Representative on behalf of a Joint Venture]
[Add signature blocks for each member if all are signing]
Section 6. Annex I (Time-Based) – II. General Conditions of Contract GCC-1
II. General Conditions of Contract
The General Conditions of Contract governing this Contract are the “General Conditions of
Contract for Time-Based Contract, Annex I-II, Section 6” of the Standard Request for Proposals
(version 1.1) published by JICA in October 2012. Those General Conditions of Contract are
or any other professional personnel of the Consultant, Sub-
consultant or JV member(s) assigned by the Consultant to
perform the Services or any part thereof under the Contract.
(j) “Foreign Currency” means any currency other than the
currency of the Client’s country.
GCC-4 Section 6. Annex I (Time-Based) – II. General Conditions of Contract
(k) “GCC” means these General Conditions of Contract.
(l) “Government” means the Government of the Client’s country.
(m) “JICA” means Japan International Cooperation Agency.
(n) “Joint Venture” means an association with or without a legal
personality distinct from that of its members, of more than one
Consultant where one member has the authority to conduct all
businesses for and on behalf of any and all the members of the
JV, and where the members of the JV are jointly and severally
liable to the Client for the performance of the Contract.
(o) “Key Expert(s)” means an individual professional whose skills,
qualifications, knowledge and experience are critical to the
performance of the Services under the Contract and whose
Curricula Vitae (CV) was taken into account in the technical
evaluation of the Consultant’s Proposal.
(p) “Local Currency” means the currency of the Client’s country.
(q) “Non-Key Expert(s)” means an individual professional
provided by the Consultant or its Sub-consultant to perform
the Services or any part thereof under the Contract.
(r) “Party” means the Client or the Consultant, as the case may be,
and “Parties” means both of them.
(s) “SCC” means the Special Conditions of Contract by which the
GCC may be amended or supplemented but not over-written.
(t) “Services” means the work to be performed by the Consultant
pursuant to this Contract, as described in Appendix A.
(u) “Sub-consultant(s)” means an entity or an individual to
whom/which the Consultant subcontracts any part of the
Services while remaining solely liable for the execution of the
Contract.
(v) “Third Party” means any person or entity other than the
Government, the Client, the Consultant or a Sub-consultant.
1.2 Relationship
between the
Parties
Nothing contained herein shall be construed as establishing a
relationship of master and servant or of principal and agent as
between the Client and the Consultant. The Consultant, subject to
Section 6. Annex I (Time-Based) – II. General Conditions of Contract GCC-5
this Contract, has complete charge of Experts and Sub-consultants, if any, performing the Services and shall be fully responsible for the
Services performed by them or on their behalf hereunder.
1.3 Law Governing
Contract
This Contract, its meaning and interpretation, and the relation
between the Parties shall be governed by the Applicable Law.
1.4 Language This Contract shall be executed in the language specified in the SCC,
which shall be the binding and controlling language for all matters
relating to the meaning or interpretation of this Contract.
1.5 Headings The headings shall not limit, alter or affect the meaning of this
Contract.
1.6 Communications 1.6.1 Any communication required or permitted to be given or
made pursuant to this Contract shall be in writing in the
language specified in Clause GCC 1.4. Any such
communication shall be deemed to have been given or made
when delivered in person to an authorized representative of
the Party to whom the communication is addressed, or when
sent to such Party at the address specified in the SCC.
1.6.2 A Party may change its address for notice hereunder by
giving the other Party any communication of such change to
the address specified in the SCC.
1.7 Location The Services shall be performed at such locations as are specified in
Appendix A and, where the location of a particular task is not so
specified, at such locations, whether in the Client’s country or
elsewhere, as the Client may approve.
1.8 Authority of Lead
Member
In case the Consultant is a Joint Venture, the members hereby
authorize the member specified in the SCC to act on their behalf in
exercising all the Consultant’s rights and obligations towards the
Client under this Contract, including without limitation the receiving
of instructions and payments from the Client.
1.9 Authorized
Representatives
Any action required or permitted to be taken, and any document
required or permitted to be executed under this Contract by the Client
or the Consultant may be taken or executed by the officials specified
in the SCC.
1.10 Corrupt and
Fraudulent
Practices
The Consultant is required to comply with JICA's policy in regard to
corrupt and fraudulent practices as declared in Appendix I.
GCC-6 Section 6. Annex I (Time-Based) – II. General Conditions of Contract
1.11 Monitoring by
JICA
Without assuming the responsibilities of the Client or the Consultant, JICA may monitor the Services as necessary in order to
satisfy itself that it is being carried out in accordance with
appropriate standards and is based on acceptable data. As
appropriate, JICA may take part in discussions between the Client
and the Consultant. However, JICA shall not be liable in any way
for the performance of the Services by reason of such monitoring or
participation in discussions. Neither the Client nor the Consultant
shall be released from any responsibility of this Contract by reason
of JICA’s monitoring or participation in discussion.
1.12 Difference of
Opinion
In the case of a difference of opinion between the Client and the
Consultant on any important matters involving professional judgment
that might affect the proper evaluation or execution of the Project,
the Client shall allow the Consultant to submit promptly to the Client
a written report and, simultaneously, to submit a copy to JICA. The
Client shall forward the report to JICA with its comments in time to
allow JICA to study it and communicate with the Client before any
irreversible steps are taken in the matter. In cases of urgency, the
Consultant has the right to request the Client and/or JICA that the
matter be discussed immediately between the Client and JICA.
2. COMMENCEMENT, COMPLETION,MODIFICATION AND TERMINATION OF
CONTRACT
2.1 Effectiveness of
Contract
Unless otherwise specified in the SCC, this Contract shall come into force and effect on the date (the “Effective Date”) when:
(a) This Contract has been signed by the Parties; and
(b) This Contract has been reviewed and concurred by JICA.
Upon fulfillment of the conditions indicated above, the Client shall
issue a written notice to the Consultant which confirms the Effective
Date and instructs the Consultant to deliver an advance payment
security and an invoice for advance payment to the Client.
The Consultant shall submit the required advance payment security
and the invoice for the advance payment, pursuant to Clause GCC
6.5 (a), within fourteen (14) days or within such other period
specified in the SCC following the receipt of the notice specified in
this Clause GCC 2.1.
2.2 Termination of
Contract for
Failure to Become
Effective
Unless a different period of time is otherwise specified in the SCC,
if this Contract has not become effective within four (4) months
after the date of the Contract signed by the Parties, the Consultant or
the Client may, by not less than twenty one (21) days written notice
Section 6. Annex I (Time-Based) – II. General Conditions of Contract GCC-7
to the other Party, declare this Contract to be null and void, and in the event of such a declaration by either Party, neither Party shall
have any claim against the other Party with respect hereto.
2.3 Commencement
of Services
2.3.1 Subject to Clause GCC 6.5 (a), the Consultant shall begin
carrying out the Services not later than fourteen (14) days
from the receipt of the advance payment.
2.3.2 The Consultant shall confirm the availability of Key Experts
before the commencement of the Services.
2.4 Expiration of
Contract
Subject to Clause GCC 2.7.3 (c) and unless terminated earlier
pursuant to Clause GCC 2.9, this Contract shall expire at the end of
such time period, as specified in the SCC, after the commencement
of the Services specified in Clause GCC 2.3.
2.5 Entire Agreement This Contract contains all covenants, stipulations and provisions
agreed by the Parties. No agent or representative of either Party has
authority to make, and the Parties shall not be bound by or be liable
for, any statement, representation, promise or agreement not set
forth herein.
2.6 Modifications
2.6.1 Modifications
or Variations
(a) Any modification or variation of the terms and conditions of
this Contract, including any modification or variation of the
scope of the Services, may only be made by written agreement
between the Parties. However, each Party shall give due
consideration to any proposals for modification or variation
made by the other Party.
(b) In case of substantial modifications or variations, the prior
written concurrence of JICA is required.
2.6.2 Extension (a) If the Consultant has been delayed or impeded in the
performance of any of its obligations under this Contract by
any of the reasons specified in paragraphs (i) through (vi) of
this Clause 2.6.2 (a), the contract term as set forth in Clause
GCC 2.4 shall be extended by such period as shall be fair and
reasonable in all the circumstances and as shall fairly reflect
the delay or impediment sustained by the Consultant, and an
appropriate adjustment in the Contract Price (which includes
both remuneration and/or reimbursable expenses) shall be
made accordingly.
GCC-8 Section 6. Annex I (Time-Based) – II. General Conditions of Contract
(i) Any modifications or variations pursuant to Clause GCC 2.6.1;
(ii) Any occurrence of Force Majeure pursuant to Clause
GCC 2.7;
(iii) Any suspension by the Client pursuant to Clause GCC
2.8.1 (b), suspension or reduction in the rate of
performance of the Services pursuant to Clause GCC
2.8.2;
(iv) Any unreasonable delay by the Client in giving his
decision, approval or consent (where required) to the
documents (e.g. designs, plans, etc.) prepared and
submitted by the Consultant;
(v) Any act or omission of or any default or breach of this
Contract by the Client or any act or omission of any other
Consultants and/or contractors employed by the Client; or
(vi) Any other matter mentioned in this Contract as giving
rise to an entitlement to an extension of the contract term.
(b) Except where otherwise provided elsewhere in this Contract,
the Consultant shall submit to the Client a notice of a claim for
an extension of the contract term and/or adjustment in the
Contract Price, together with particulars of the event or
circumstance justifying such extension and adjustment, as
soon as reasonably practicable after the occurrence of such
event or circumstance. As soon as reasonably practicable after
the receipt of such notice and supporting particulars of the
claim, the Client and the Consultant shall agree upon the
extended period and/or the adjusted Contract Price.
(c) The Consultant shall at all times use all commercially
reasonable endeavors to minimize any delay in the
performance of its obligations under this Contract.
2.7 Force Majeure
2.7.1 Definition (a) For the purposes of this Contract, “Force Majeure” means an
event which is beyond the reasonable control of a Party, is not
foreseeable, is unavoidable, and which makes a Party’s
performance of its obligations hereunder impossible or so
impractical as reasonably to be considered impossible in the
circumstances, and subject to those requirements, includes,
but is not limited to, war, riots, terrorism, civil disorder,
earthquake, fire, explosion, storm, flood or other adverse
weather conditions, strikes, lockouts or other industrial action,
confiscation or any other action by Government agencies.
Section 6. Annex I (Time-Based) – II. General Conditions of Contract GCC-9
(b) Force Majeure shall not include (i) any event which is caused by the negligence or intentional action of a Party or such
Party’s Experts, Sub-consultants or agents or employees,nor
(ii) Any event which a diligent Party could reasonably have
been expected both to take into account at the time of the
conclusion of this Contract, and avoid or overcome in the
carrying out of its obligations hereunder.
(c) Force Majeure shall not include insufficiency of funds or
failure to make any payment required here under.
2.7.2 No Breach of
Contract
The failure of a Party to fulfill any of its obligations hereunder shall
not be considered to be a breach of, or default under, this Contract
insofar as such inability arises from an event of Force Majeure,
provided that the Party affected by such an event has taken all
reasonable precautions, due care and reasonable alternative
measures, all with the objective of carrying out the terms and
conditions of this Contract.
2.7.3 Measures to be
Taken
(a) A Party affected by an event of Force Majeure shall continue
to perform its obligations under the Contract as far as is
reasonably practical, and shall take all reasonable measures to
minimize the consequences of any event of Force Majeure.
(b) A Party affected by an event of Force Majeure shall notify the
other Party of such event as soon as possible, and in any case
not later than fourteen (14) days following the occurrence of
such event, providing evidence of the nature and cause of such
event, and shall similarly give written notice of the restoration
of normal conditions as soon as possible.
(c) Any period within which a Party shall, pursuant to this
Contract, complete any action or task, shall be extended for a
period equal to the time during which such Party was unable to
perform such action as a result of Force Majeure.
(d) During the period of their inability to perform the Services as a
result of an event of Force Majeure, the Consultant, upon
instructions by the Client, shall either:
(i) demobilize, in which case the Consultant shall be
reimbursed for additional costs they reasonably and
necessarily incurred, and, if required by the Client, in
reactivating the Services; or
GCC-10 Section 6. Annex I (Time-Based) – II. General Conditions of Contract
(ii) continue the Services to the extent reasonably possible, in which case the Consultant shall continue to be paid
under the terms of this Contract and be reimbursed for
additional costs reasonably and necessarily incurred.
(e) In the case of disagreement between the Parties as to the
existence or extent of Force Majeure, the matter shall be
settled according to Clause GCC8.
2.8 Suspension
2.8.1 By the Client (a) The Client may, by written notice of suspension to the
Consultant, suspend in whole or part, the Services if an event
shall have happened and be continuing, in which the
Consultant fails to perform any of its obligations under this
Contract, including the carrying out of the Services, provided
that such notice of suspension shall:
(i) specify the nature of the failure, and
(ii) request the Consultant to remedy such failure within a
period not exceeding twenty-eight (28) days after receipt
by the Consultant of such notice of suspension.
(b) If the Project or the Services are suspended by the Client for
any reason other than those provided in Clause GCC 2.8.1 (a)
more than twenty-eight (28) days, over the term of this
Contract, the Consultant shall be paid for all services
performed and reimbursable expenses incurred prior to the
receipt of a notice of suspension.
(c) During any suspension of the Services under Clause GCC
2.8.1 (b), the Consultant shall be compensated for any costs of
maintaining fixed assets, the costs of leases or other items
acquired for the Project, as well as all expenses reasonably
incurred by, including but not limited to, temporary
demobilization, reassignment of the Experts. In addition, upon
resumption of the Services, the Client shall compensate the
Consultant for expenses incurred as a result of the resumption
of its services, and the Consultant's schedules (Expert and
other relevant schedules) shall be appropriately adjusted.
2.8.2 By the
Consultants
Without prejudice to entitlement to financing charges on late
payments under Clause GCC 6.6, the Consultant may suspend
the Services or reduce the rate of performance of the Services
after twenty-eight (28) days prior notice to the Client, if the
Section 6. Annex I (Time-Based) – II. General Conditions of Contract GCC-11
Client fails to pay the Consultant the amount due, pursuant to Clause GCC 6.5 (c). In no event shall the suspension of the
Services or reduction of the rate of performance of the Services
pursuant to this Clause GCC 2.8.2 be subject to termination of
this Contract by the Client pursuant to Clause GCC 2.9.1.
2.9 Termination This Contract may be terminated by either Party as per provisions
set up below:
2.9.1 By the Client The Client may terminate this Contract in case of the occurrence of
any of the events specified in paragraphs (a) through (f) of this
Clause GCC 2.9.1. In such an occurrence the Client shall give at
least twenty-eight (28) days’ written notice of termination to the
Consultant in case of the events referred to in (a) through (e); and at
least fifty-six (56) days’ written notice in case of the event referred
to in (f):
(a) If the Consultant fails to remedy a failure in the performance
of its obligations hereunder, as specified in a notice of
suspension pursuant to Clause GCC 2.8.1(a);
(b) If the Consultant becomes (or, if the Consultant consists of
more than one entity, if any of its members becomes) insolvent
or bankrupt or enter into any agreements with their creditors
for relief of debt or take advantage of any law for the benefit
of debtors or go into liquidation or receivership whether
compulsory or voluntary;
(c) If the Consultant fails to comply with any final decision
reached as a result of arbitration proceedings pursuant to
Clause GCC8;
(d) If, as the result of Force Majeure, the Consultant is unable to
perform a material portion of the Services for a period of not
less than fifty-six (56)days;
(e) If the Consultant fails to confirm availability of Key Experts as
required in Clause GCC2.3.2;
(f) If the Client, in its sole discretion and for any reason
whatsoever, decides to terminate this Contract.
Furthermore, if the Client determines that the Consultant has
engaged in corrupt, fraudulent, collusive, coercive or obstructive
practices, in competing for or in executing the Contract, then the
GCC-12 Section 6. Annex I (Time-Based) – II. General Conditions of Contract
Client may, after giving fourteen (14) days’ written notice to the Consultant, terminate this Contract.
2.9.2 By the
Consultant
The Consultant may terminate this Contract, by not less than
twenty-eight (28) days’ written notice to the Client, in case of the
occurrence of any of the events specified in paragraphs (a) through
(e) of this Clause GCC 2.9.2.
(a) If the Client fails to pay any money due to the Consultant
pursuant to this Contract and not subject to dispute pursuant to
Clause GCC 8 within forty-two (42) days after receiving
written notice from the Consultant that such payment is
overdue.
(b) If, as the result of Force Majeure, the Consultant is unable to
perform a material portion of the Services for a period of not
less than fifty-six (56)days.
(c) If the Client fails to comply with any final decision reached as
a result of arbitration pursuant to Clause GCC8.
(d) If the Client is in material breach of its obligations pursuant to
this Contract and has not remedied the same within forty-two
(42) days (or such longer period as the Consultant may have
subsequently approved in writing) following the receipt by the
Client of the Consultant’s notice specifying such breach.
(e) If the Services are suspended pursuant to Clause GCC 2.8.1
(b) for more than eighty-four (84) days.
2.9.3 Cessation of
Rights and
Obligations
Upon termination of this Contract pursuant to Clauses GCC 2.2 or
GCC 2.9, or upon expiration of this Contract pursuant to Clause
GCC 2.4, all rights and obligations of the Parties hereunder shall
cease, except (i) such rights and obligations as may have accrued on
the date of termination or expiration, (ii) the obligation of
confidentiality set forth in Clause GCC 3.3, (iii) the Consultant’s
obligation to permit inspection, copying and auditing of their
accounts and records set forth in Clause GCC 3.6, and (iv) any right
which a Party may have under the Applicable Law.
2.9.4 Cessation of
Services
Upon termination of this Contract by notice of either Party to the
other pursuant to Clauses GCC 2.9.1 or GCC 2.9.2, the Consultant
shall, immediately upon dispatch or receipt of such notice, take all
necessary steps to bring the Services to a close in a prompt and
orderly manner and shall make every reasonable effort to keep
Section 6. Annex I (Time-Based) – II. General Conditions of Contract GCC-13
expenses for this purpose to a minimum. With respect to equipment, vehicles and materials provided by the Client, the
Consultant shall proceed as provided by Clause GCC 3.9.
2.9.5 Payment upon
Termination
Upon termination of this Contract pursuant to Clauses GCC 2.9.1 or
GCC 2.9.2, the Client shall make the following payments to the
Consultant:
(a) remuneration pursuant to Clause GCC 6.2 for Services
satisfactorily performed prior to the effective date of
termination, and reimbursable expenses pursuant to Clause
GCC 6.2 for expenses actually incurred prior to the effective
date of termination; and
(b) in the case of termination pursuant to paragraphs (d) and (f) of
Clause GCC 2.9.1 and to GCC 2.9.2, reimbursement of any
reasonable cost incidental to the prompt and orderly
termination of this Contract including demobilization,
associated overhead cost, the cost of the return travel of the
Experts and their eligible dependents, and all other expenses,
damages and losses resulting from the termination.
2.9.6 Disputes about
Events of
Termination
If either Party disputes whether an event specified in paragraphs (a)
through (e) of Clause GCC 2.9.1 or in Clause GCC 2.9.2 has
occurred, such Party may, within forty-two (42) days after receipt of
notice of termination from the other Party, refer the matter for
dispute settlement in accordance with the procedures stated in
Clause GCC 8, and this Contract shall not be terminated on account
of such event unless otherwise settled in accordance with GCC8.
3. OBLIGATIONS OF THECONSULTANT
3.1 General
3.1.1 Standard of
Performance
(a) The Consultant shall perform the Services and carry out the
Services with all due diligence, efficiency and economy, in
accordance with generally accepted professional standards and
practices, and shall observe sound management practices, and
employ appropriate technology and safe and effective
equipment, machinery, materials and methods. The Consultant
shall always act, in respect of any matter relating to this
Contract or to the Services, as faithful adviser to the Client, and
shall at all times support and safeguard the Client’s legitimate
interests in any dealings with the third parties.
GCC-14 Section 6. Annex I (Time-Based) – II. General Conditions of Contract
(b) The Consultant shall employ and provide such qualified and experienced Experts and Sub-consultants as are required to
carry out the Services.
(c) The Consultant may subcontract part of the Services to an extent
and with such Key Experts and Sub-consultants as may be
approved in advance by the Client. Notwithstanding such
approval, the Consultant shall retain full responsibility for the
Services.
3.1.2 Law Applicable
to Services
The Consultant shall perform the Services in accordance with the
Contract and the Applicable Law and shall take all practicable steps
to ensure that any of its Experts and Sub-consultants, comply with
the Applicable Law. The Client shall notify the Consultant in writing
of relevant local customs, and the Consultant shall, after such
notification, respect such customs.
3.2 Conflict of Interest The Consultant shall hold the Client’s interests paramount, without
any consideration for future work, and strictly avoid conflict with
other assignments or their own corporate interests.
3.2.1 Consultant Not to
Benefit from
Commissions,
Discounts, etc.
(a) The payment to the Consultant pursuant to Clause GCC 6 shall
constitute the Consultant’s only payment in connection with
this Contract and, subject to Clause GCC 3.2.2, the Consultant
shall not accept for its own benefit any trade commission,
discount or similar payment in connection with activities
pursuant to this Contract or in the discharge of its obligations
hereunder, and the Consultant shall use its best efforts to ensure
that any Sub-consultants, as well as the Experts and agents of
either of them, similarly shall not receive any such additional
payment.
(b) Furthermore, if the Consultant, as part of the Services, has the
responsibility of advising the Client on the procurement of
goods, works or services, the Consultant shall comply with the
Applicable Guidelines and JICA’s Guidelines for Procurement
under Japanese ODA Loans, as amended from time to time and
shall at all times exercise such responsibility in the best interest
of the Client. Any discounts or commissions obtained by the
Consultant in the exercise of such procurement responsibility
shall be for the account of the Client.
3.2.2 Consultant, and
Affiliates Not to
Engage in
Certain
The Consultant agrees that, during the term of this Contract and after
its termination, the Consultant and any entity affiliated with the
Consultant as well as any Sub-consultants and any entity affiliated
with such Sub-consultants, shall be disqualified from providing
Section 6. Annex I (Time-Based) – II. General Conditions of Contract GCC-15
Activities goods, works or services or non-consulting services resulting from or directly related to the Services for the preparation or implementation
of the Project, unless otherwise indicated in the SCC.
3.2.3 Prohibition of
Conflicting
Activities
3.2.4 Strict Duty to
Disclose
Conflicting
Activities
The Consultant shall not engage, and shall cause its Experts as well
as its Sub-consultants not to engage, either directly or indirectly, in
any business or professional activities that would conflict with the
activities assigned to them under this Contract.
The Consultant has an obligation and shall ensure that its Experts and
Sub-consultants shall have an obligation to disclose any situation of
actual or potential conflict that impacts their capacity to serve the
best interest of their Client, or that may reasonably be perceived as
having this effect. Failure to disclose said situations may lead to the
termination of its Contract.
3.3 Confidentiality Except with the prior written consent of the Client, the Consultant
and the Experts shall not at any time communicate to any person or
entity any confidential information acquired in the course of the
Services, nor shall the Consultant and the Experts make public the
recommendations formulated in the course of, or as a result of, the
Services.
3.4 Liability of the
Consultant
(a) The Consultant shall be responsible for, and shall indemnify the
Client, in respect of loss of or damage to equipment and
materials furnished by the Client, or purchased by the Consultant
in whole or in part with funds provided by the Client.
(b) The Consultant undertakes full responsibility in respect of life,
health, and accidents for the Experts and for the dependents of
any such Expert.
(c) The Consultant shall indemnify the Client from and against any
and all claims, liabilities, obligations, losses, damages, penalties,