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Terms of Reference1Draft Terms of Reference for a Construction Supervision Consultant1. BackgroundThe Government of India has initiated a number of initiatives to reconcile the aims ofprotection of life and livelihood of coastal communities; conservation of ecologicalresources in the coastal and marine areas; and, promotion of economic activities that havenecessarily to be located in the coastal regions. As one of the different initiatives, the TheMinistry of Environment and Forests (MoEF) in the Government of India along with therespective State Governments is implementing a World Bank financed project called the“Integrated Coastal Zone Management Project”(referred to as “ICZM Project”), with anoverall objective of assisting the Government of India in building national capacity forimplementation of the new integrated management approach for India’s coastal zones,and piloting the integrated coastal zone management approach in the three states ofGujarat, Orissa and West BengalThe ICZMP Project includes four components (Component One: the National Componenthas the specific objectives to establish and support an appropriate national institutionalstructure for guiding and coordinating coastal zone management, including, as subcomponents: (a) hazard line and coastal sediment cell mapping; (b) mapping ofecologically sensitive areas; (c) establishing a new national institute for sustainablecoastal zone management; and (d) national level capacity building; and Components Two,Three and Four aimed at piloting the integrated coastal zone management approach inGujarat, Orissa and West Bengal, respectively);(A)To exclusively lead implementation of the Project, and to achieve the ProjectDevelopment objectives for the West Bengal Component of the Project, theGovernment of West Bengal has created a special purpose vehicle, called the WestBengal State Project Management Unit (SPMU), and has appointed the Institute ofEnvironmental Studies & Wetland Management (IESWM), Kolkata to be the SPMU;(B) Component Four for West Bengal aimed at developing and empowering statelevel authorities to adopt appropriate ICZM approaches consistent with nationalstrategies, includes sub-components: (a) preparation and adoption of an ICZM planfor the coastal stretches of West Bengal; (b) intuitional strengthening and capacitybuilding at the State level; and,(C) Pilot investments consistent with local ICZM priorities around three themes of(c-i) Conservation and protection of coastal resources; (c-ii) Environment andpollution management; and (c-iii) Livelihood security of coastal communities. Theactivity (a) above will be implemented by SPMU, and activities under (b) and (c)above in West Bengal will be implemented in partnership with some Pilot ExecutionAgencies – of which the c-iii sub-component related to the planning, designing andexecuting the activities related investment in the Project for Construction of CycloneShelter Facilities in Coastal West Bengal has been entrusted to the Department ofDisaster Management, Government of West Bengal1
Terms of Reference2The coastal districts of West Bengal are vulnerable severe cyclonic storms. South 24Parganas, North 24 Parganas and Purba Medinipur experience frequent tropical cyclones,having disastrous consequences on the lives of human beings as well as animalpopulation of the region. It must be mentioned here that the vulnerability due to cyclonescannot be determined solely by its frequency of occurrence, the vulnerability depends onassociated storm surge, coastal inundation or flooding and socio economy of the affectedregion.The Sundarban Delta Complex which has geo-genetic link to the tectonic Bengal Basinknown for its startling coastal landforms that include back-dunal mudflats, back swamps,salt marshes and tidal creeks enshrouded with mangrove vegetation, low gradientsupratidal and intertidal shores with mud bank, swales and berms, rivulets, tidal flats etc.However despite the mind boggling floral and faunal diversity Sundarban is very muchvulnerable to natural hazards e.g. storm surge, flood, tidal wave, cyclone etc. Moreoverdue to rising sea level, the existing coastline is retreating at alarming rate which issymptomatic to some impending natural catastrophes. The inhabitants of the Sundarbanestuary probably have acclimatized themselves how to live on facing the nature’s wrath.Sundarban is still recuperating from the brunt of Cyclone Aila that devastated thousandsof hectares of once fertile agricultural land adjoining the mangrove forests into awasteland. The loss of human life and property is beyond any estimation in real terms.The aftermath of these kinds of cyclones and storm surges is on the livelihood of thepeople at large as due to the ingress of saline sea water into the lush green fertile fieldsused for paddy cultivation, these tracts of land rendered useless for any kind ofagricultural activities.The construction of MPCS will not only pave the way for increase the communitiesresilience during calamity, but also opening avenue for social coordination and enhancedthe capacity to shoulder responsibility by operating the shelters in a gainful pro-socialway. The MPCS has a multi–pronged approach in catering to the needs especially of thedisadvantaged sections of the populace through a string of activities such as:·····Minimization of loss of lives, property and livestock by providing it shelters duringcyclone calamityMPCSs will act nodal points for receipt and dissemination of cyclone warnings PCSswill provide the warehousing facilities of essential stocks/ items for post disasterusage.The nodal points for carrying out post disaster response and relief activities will befrom MPCSs. MPCSs will also provide temporary protection from the heavydownpour during the monsoon and also from the scorching heat during the summer tothe shelter less people.Basic health services like immunization programmes can be administered throughthese MPCSs.MPCSs will act as models for safe construction in vulnerable seismic zones.2
Terms of Reference3This terms of reference pertains to appointment of Construction Supervision Consultantfor the state of West Bengal for the supervision of construction of 25 (twenty five) MultiPurpose Cyclone Shelters in 5 (Five) coastal blocks of South 24 Parganas district (namelyGosaba, Basanti, Namkhana, Pathar Pratima and Sagar) to be constructed by the contractorM/s Macintosh Burn Ltd. a Government of W Bengal enterprise.1.1 Project Implementation ArrangementsInstitute of Environmental Studies & Wetland Management (IESWM) has been appointedas the State Project Management Unit (SPMU). The Department of Disaster Management,Government of West Bengal is Pilot Executing Agency (PEA). The duties of the PEA asper the memorandum between the SPMU and the PEA executed on the 15th June, 2010 areas follows:a. Preparing and finalizing the Annual Plans for the PEA to complete executionof the Activity and forwarding the Annual Action Plan to be SPMU at leastthree months before the start of the next financial year. Participating in anyreview of the Annual Action Plan organized by SPMU, and proposing oragreeing on modifications to ensure completion of execution of the Activity ina timely manner (with as little deviation as possible from the completionschedule agreed at the start of the Project) so that the overall objective of theState Component of the Project is met in a timely manner.b. Providing all necessary funds, facilities, resources and staff necessary tocomplete execution of the Activity, over and above the funds, resources andstaff agreed to be financed by the Project.c. Preparing operation and maintenance management plan for the assets createdunder the Project, and ensuring that the funding and other resources requiredfor proper and adequate operation and maintenance of these assets remainsustainable on completion of the Activity.d. Nominating a Nodal Officer of the PEA for executing the Activity. The NodalOfficer shall work full-time for the Activity until its completion. The NodalOfficer shall be fully empowered to make all decisions required to execute theActivity, including (i) submitting the bill of quantities, technical specificationsand drawings for the works contracts; technical specifications for the goodscontracts; and terms of reference for the consultancy contracts, (ii)participating in the procurement committee that will approve the biddocuments, shortlist and request for proposals for consultancy services,participating in the bid or technical proposal evaluation committee meetings,and contract negotiation meetings, as relevant, (iii) signing the contract, (iv)certifying work, approving and releasing payments, contract management, andperformance evaluation of contractors and contractual staff employed for theActivity, (v) all procurement decisions including award for any contract wherePEA is responsible for the entire procurement process; (vi) approving travelrequisitions and all such necessary requisitions to complete execution of the3
Terms of Referencee.f.g.h.i.4Activity in the best professional standard and as per the performance standardfor the Activity agreed with the SPMU as per the Detailed Project Report.In addition to the Nodal Officer, nominating all required staff for satisfactorycompletion of the Activity including staff required for contract managementand to ensure high quality execution. PEA will procure, in a timely manner,the necessary contract staff needed for financial management or accounting,contract supervision.Undertaking contract management and day to day supervision in such waysthat the Activity is executed without any time overrun. Any change in costestimate, budget and schedule of execution will be subject to priorconcurrence by SPMU.Implementing all actions and taking all measures to comply with theEnvironmental and Social Management Plan and the first tier of the GrievanceRedress procedure of the Project. These actions will be reported in eachquarterly progress report. In addition, each quarterly progress report willcertify that the issues defined to be avoided in the Environmental and SocialManagement Plan, as applicable for the Activity has not occurred or surfacedduring execution of the Activity.Implementing the Communication Plan of the Project, as applicable for theActivity. In addition, assist SPMU to implement any related or associatedpublic communication and corrective actions.Bringing to the notice of SPMU any grievance of any individual, communityor stakeholders with respect to the plan, design or execution of the Activitywithin 15 days of noticing or recognizing any such grievance, including thedescription of actions already taken or proposed to be taken to address suchgrievance.The Construction Supervision Consultant will be appointed by the PEA who shall report toit on its findings.2. OBJECTIVES OF THE CONSTRUCTION SUPERVISION CONSULTANTThe objectives of consulting service are to assist the Disaster Management Department,Government of West Bengal to Implement the Project as follows:a) To ensure high standards of quality assurance in the execution of work andcompletion of work within stipulated time period;b) Comprehensive supervision of project implementation activities carried out by theContractor to ensure complete compliance with the drawings, technical specificationsand various stipulations contained in the Contract Documentsc) Efficient construction supervision by personnel who are experienced in modernmethods of construction supervision and contract management.d) Act independently and on behalf of the DoDM, Govt. of West Bengal to review allactivities associated with Construction to ensure compliance of requirements ofContract Agreement in order to have a sound Project.e) Report to DoDM, Govt. of West Bengal on the financial and technical aspects of theproject.4
Terms of Reference5f) Assist the Principal Secretary, DoDM in arriving at an amicable settlement of dispute.g) The Secondary objective is to assist the DoDM for effective project monitoring byproviding project management and monitoring support.3. SCOPE OF SERVICES, TASKS(COMPONENTS) AND EXPECTED DELIVERABLES3.1The scope of services for the TPQA assignment includes:The Scope of the Consulting services includes but is not limited to the followingactivities:3.1 The Consultant will be responsible for the supervision of all construction work. TheConsultant will administer the Construction Contract and ensure that the contractualclauses, with respect to both quality and quantity of work are respected and the worksare constructed in accordance with the provisions of the Construction Contracts. TheConsultant will be required to nominate a Representative who will be full timeresident on the Project.3.2 The Supervision Consultant will make all necessary measurements and control thequality of works. The Supervision Consultant will make all engineering decisionsrequired for the successful and timely implementation of the Construction Contractsin consultation with the DoDM.3.3 The Supervision Consultant shall undertake a review of the Construction Contractsfor the purpose of identifying any omissions, which compromise the completeness orconsistency of the design. This review shall be carried out immediately after theservices commence and shall be completed within two months. On completion of thereview, the supervision consultant shall prepare a report on this review which sets outall findings and recommendations for making good any omissions identified.Notwithstanding the above, the Supervision Consultant shall immediately inform theDoDM of any omission which may have a substantial impact on the Project at thetime the omission is uncovered. The Supervision Consultant shall submit four copiesof the review report to the DoDM.3.4 In addition to or as an expansion of the activities and responsibilities required of theDoDM, as detailed in Construction Contracts, the Supervision Consultant will,interalia, undertake, but not limited to the following:a. Project Inception1. At this stage the Consultant shall conduct a preliminary review of standard contractdocuments, drawings, specifications, materials reports and status of the work for thecurrent contracts to obtain understanding of the scope and complexities of theassignment. This exercise will also include familiarization with the Environment andSocial Framework (ESMF) and Environment Management Plans (EMP) with theassistance of, GIS Specialist deployed by DoDM.5
Terms of Reference62. The Consultant will also have discussions with the key stakeholders at DODM tounderstand implementation status, basis for site selection, the various manuals andguidelines prepared for the project, specific concerns of DoDM (if any) and the natureand frequency of various field tests to be performed on civil works and reportingarrangements.3. After the initial study and discussions, the Consultant will prepare and submit aProject Inception Report, within 30 days of issue of work order. The Inception reportwould include items like:a) Detailed methodology for execution of the audit, including the various tests that willbe conducted and outlining quality audit procedures.b) Detailedmethodology for checking compliance to Environment and SocialManagement Framework (ESMF) including the EMPs and applicable laws pertainingto environment protection and labour welfare.c) Audit plan for the first year clearly identifying the audit stage for each type of work.d) Overall team deployment schedulee) Reporting formats including schedule of reporting and verification of compliance toobservations.f)Reporting and escalation protocols including methodology for integrating the auditresults in payment certification system andg) Evaluation of the project MIS and suggesting updating requirements for capturing theaudit reports, compliance and linking with payment certification system withassistance of MIS Specialist deployed by the DODM.b. r the construction contracts, approve materials, issue orders to theContractors in consultation with the DoDM and ensure that the quality ofthe works is in accordance with contractual specifications;approve/suggest modifications in the Contractor’s work program, materialsources, etc;monitor progress of the Works, identify causes, or potential causes, of anydelay and advise the DoDM of suitable corrective actions in a timelymanner;review and approve Contractor’s proposed personnel for positionsnominated in the Contract;provide assistance to the Engineer-in charge in respect of contractimplementation claims and other matters;advise and assist the Engineer-in charge with respect to the dispute, theappeal of dispute or litigation relating to the works, whenever required;provide other specialist services relevant to the Project as may be agreed toduring negotiations or ordered by the Engineer-in charge;ensure that the construction methods as proposed by the Contractor forcarrying out the works are satisfactory, with particular reference to the6
Terms of Reference(ix)7technical requirements of sound environmental standards, inspection ofContractor’s construction equipment, safety of the works, property,personnel, and general public.prepare and issue the following reports, the format and content for eachreport is to be acceptable to the Engineer-in charge;1. an Inception Report, to be submitted within 10 days of commencementof services, 4 copies to be submitted to the Engineer-in charge;2. a brief monthly progress report, which should be limited to 5 pages andbe submitted within 7 days of the end of each month, 4 copies to besubmitted to the Engineer-in charge;3. a detailed quarterly report, to be submitted within 14 days of the end ofeach quarter. Quarterly reports should include description of projectactivities illustrated by progress/completion photographs, status of anydelays and contractual claims and details of all latest financialprojections , 4 copies to be submitted to the Engineer-in charge;4. a detailed Contract Completion Report of which , 5 copies to besubmitted to the Engineer-in charge;5. a Quality Assurance Manual, detailing all QA/QC procedures, to besubmitted within 10 days of commencement of services, 6 copies to besubmitted to the Engineer-in charge;(x)ensure that working drawings as issued to the Contractor are completeconsistent and coherent across the entire project;c. Construction Supervisioni)ii)iii)iv)v)vi)vii)assist DoDM in proper monitoring/progress of works and implementation ofthe project through computer aided project management techniques;approve Contractor’s proposed designs/drawings for temporary works;check Contractor’s setting out for conformance with the working drawings;inspect at regular intervals the Contractor’s plant and facilities, for bothconstruction production work and workers accommodation, to ensure thatthey conform with both the conditions of contract and all governmentregulations;inspect all the Contractor’s safety measures, including labour welfare,notify immediately both the Employer and the Contractor of anyinfringement or violation;maintain records, working/as-built drawings, test data, details of variouscorrespondence and diaries in the formats approved/specified by theDoDM;at the completion of the contract verify the “as-built drawing” as true recordof the works as constructed;7
Terms of Referenceviii)ix)8assist DoDM in coordination work with different agencies and holdmeetings for proper and timely implementation of the Project;liaise and coordinate with relevant authorities to remove all obstacles andencumbrances from the project site, including utility relocation and treecutting, as required.d. The Consultant will be responsible and ensure that the contractor maintains all the EMP asper contractual clauses and as detailed in clause d.1d.1 .Environment Management PlanThe Environment Management Plan (EMP) is a set of measures for avoidance, minimizationand mitigation of adverse environmental impacts. The Contractor will abide by theenvironmental, occupational health and safety measures listed in the EnvironmentManagement Plan (EMP) given in the table below during preparation and execution ofWorks. Adverse impact/s on the environment caused due to non-adherence of legal and EMPrequirements during preparation and execution of civil works shall be made good at theContractor’s own expenses. The Engineer’s check and certification for payment, inaccordance to requirements under Clause 42.2 of GCC, shall also include the performancereview of the Contractor with regard to EMP compliance.The complete document on Environmental and Social Management Framework (ESMF) fromwhich these conditions have been derived/listed is available with the Engineer and StateDisaster Management Authority (SDMA) for the Contractor’s reference. It is also availableon the websites of National Disaster Management Authority (NDMA) and State DisasterManagement Authority (SDMA).S.No.ActivityMeasures to be Implemented by the Contractor1.Work Plan forEMPimplementationThe Contractor’s Project Manager shall be responsible for implementation of EMP provisions andwill coordinate the over-all implementation of the said plan. Along with the Work Programme, theContractor shall submit a plan including method statement and timeline about specific actions thatwill be taken by him to implement the provisions laid out in the EMP.2.RegulatoryPermissionsand ConsentsThe Contractor shall obtain all requisite statutory clearances prior to commencement of civil works,which includes obtaining permission/consent for plants, water extraction and borrow areasoperations. This includes:§ Consent for establishment and operation of plant (for concrete work) from SPCB§ PUC certification for all vehicles/equipment used for/during construction§ Permission/consent of the District Administration/Mining Department/other agencies forquarrying and/or borrowing operations for materials like sand and earth§ Permission for water extraction, if applicable in the local area context.The Contractor shall abide by all conditions laid out in the said clearances.3.Consultation and The Contractor shall consult and obtain written consents of landowners (individual/panchayat/govt.Communityagency) for temporary use of land for all construction related activities including:Consent(a) setting-up and operation of construction camp including labour camps, stock yards etc.(b) borrow areas and(c) disposal of debris and other waste material.4.Construction/Labour Camp(a) Location: The camp and plant site/s location and establishment shall be done in a manner thatdoes not interfere or disturb the activities of local inhabitants, particularly those of schools andhealth facilities. Written permission (no objection certificate) shall be taken from the GramSabha and the land owner prior to location selection and a copy shall be submitted to theEngineer for approval.(b) Camp site shall not be located within 250 mts. from a water body including village ponds.(c) A distance of at least 500 mts. shall be maintained from designated/protected natural habitats8
Terms of ReferenceS.No.Activity9Measures to be Implemented by the Contractor(such as National Parks, Sanctuaries, Biosphere Reserves, Reserve Forests and Ramsar Sites)and Coastal Regulation Zone.(b) Accommodation and Basic Amenities: All weather shelter with the required tenement size andtoilets shall be provided, as per provisions of Labour Laws. Separate toilet facilities shall beprovided for women workers. If a common mess is not provided/operated, additional space forcooking shall be provided. The contractor shall ensure that hygienic conditions are maintainedduring the operation of such camps/facilities.(c) Fuel for Cooking: The Contractor shall ensure that fuel wood is not used as a cooking mediumin the construction/labour camp.(d) Potable water supply: Drinking water supply of at least 40 lpcd with the required supply pointsshall be provided.(e) Fire Safety: Adequate fire safety precautions shall be taken and required fire safety equipment(such as fire extinguishers) shall be provided by the Contractor.5.Site Clearance(a). No tree cutting is to carried out without the written instruction from the Employer, who in turnwill ensure that relevant regulatory permission/s (including those from Forest Dept., if required)are obtained prior to cutting of such trees.(b) The non-timber grade trees are to be stacked and possession is to be given toEmployer/concerned Govt. Department.(c) The Contractor shall strip, store and preserve top soil from the site of construction work and inthe stock yards prior to stacking of materials. The top soil shall be reinstated in the cycloneshelter compound after the construction is over.6.Protection ofProperties andResourcesThe Contractor shall take due care to protect and prevent damages to the following resources duringpreparatory and construction work:a. Water supply linesb. Irrigation canalsc. Cart, cattle and/or foot trail/tracksd. Cultural properties and sites/structures of religious importancee. Houses, Farmlands, Orchards and/or Treesf. School and other existing buildings adjacent to the site of constructionIn case of damage due to construction activity, the restoration/repairs shall be carried out by theContractor at his own cost.7.QuarryOperationsThe Contractor shall procure material from quarries that have been approved/licensed by the StateGovt. A copy of such an approval shall be submitted to the Engineer prior to procuring material.8.Borrow Areas(a) Borrow areas for the project will be selected by the Contractor following the stipulations givenbelow. The finalization of all such locations shall be dependent on the approval of the Engineeron technical and environmental grounds. This includes on-site verification to cross-check theaccuracy of details provided by the Contractor. Only after receipt of the written approval fromthe Engineer, the Contractor shall enter into a formal agreement with landowner.(b) The Contractor shall not procure any kind of construction material (such as aggregates, sand andearth) from ecologically protected areas.(c) Identification and Selection1. The borrow area should not be located in agriculture field/s unless unavoidable i.e. barrenland is not available. In case borrowing needs to be done on an agricultural land, top-soilstripping, stacking and preservation is a must.2. Borrow pits shall not be located within a distance of 100 mts. from any NH, SH or otherroads.3. Borrow pits shall be preferably located 500 mts. away from settlements/ habitations.4. No borrow pits shall be located within 500 mts. from schools, colleges, playgrounds,religious structures and health centres.5. No borrow area shall be opened within 500 mts. from a reserved or protected forest area,protected sites, wildlife movement zone and cultural heritage site.6. No tree cutting shall be undertaken.7. Borrow area near any surface water body will be at least 100 mts. away.9
Terms of ReferenceS.No.Activity10Measures to be Implemented by the Contractor(d) Operation1. Area up to which material will be extracted shall be clearly demarcated on ground.2. A 15 cm topsoil layer will be stripped and preserved in stockpiles.3. Borrowing of earth should be preferably limited to a depth of 1.5 mtr from the existingground level.4. Slope at the edges will be maintained not steeper than 1:3 (Vertical: Horizontal).(e) Rehabilitation of Borrow Areas1. Rehabilitation shall be satisfactorily undertaken immediately after the use has ceased and atleast three weeks prior to monsoon.2. Preserved top soil has be spread uniformly over land (except in cases where borrow area isdeveloped as a water body) used as a borrow area.9.WaterExtraction/ UseWater for construction and for use at construction camps (including labour camps) is to be extractedwith prior written permission of (a) the individual owner, in case the source is private well/tubewell; (b) Gram Panchayat in case the source belongs to community; and (c) Irrigation Departmentin case the source is an irrigation canal or a river.10.Safety of RoadUsers and LocalResidents(a) Traffic safety arrangements (including provision of warning signage, speed breakers etc.) shallbe made by the Contractor to ensure safety of road users and local people, particularly in theinternal village roads which will be used for transporting materials.(b) Material shall be covered during transportation to prevent spillage, accidents and pollution.(c) All required measures to ensure safety of local residents including children and other near-byresidents shall be taken up by the Contractor. This shall include provisions to preventunauthorised entry into the construction site and camp; fire and electrical safety measures; precautions around excavation such as barricading and warning signs and safe storage of material.11.Worker’s Safety(a) All measures required for ensuring safety and health of the workers shall be taken up by theContractor. This includes provision and enforcement of appropriate personal protectiveequipment; first aid facility; emergency response arrangement; proper storage of hazardous/toxic and polluting materials and; measures for ensuring fire, electrical and mechanical safetyarrangements in camp and in work site.(b) All methods, steps and measures required for ensuring safety of workers, particularly thoseneeded while undertaking work in or around excavations; working at height; and; whilehandling inflammable, toxic and/or hazardous materials shall be ensured by the contractor.(c) Material safety data sheet record of fuel and other inflammable chemicals shall be maintained atthe site.12.Air Pollution(a) Wind barriers or screens shall be provided in the downwind direction at air pollution causingsources like plant sites and fine material storage stock yards.(b) Fugitive dust emissions have to be elimina
3.1 The Consultant will be responsible for the supervision of all construction work. The Consultant will administer the Construction Contract and ensure that the contractual clauses, with respect to both quality and quantity of work are respected and the works are constructed in accordance with the provisions of the Construction Contracts. The
