N 03-LIC-001 – LARP Implementation Consultant
Invitation for expressions of interest (EOI)
Date: 14 August 2015
Loan No.: 2993 - ARM: North–South Road Corridor Investment Program Tranche 3
Contract No. and Title: N 03-LIC-001 – LARP Implementation Consultant
Deadline for EOI: 14 September 2015
The Asian Development Bank (ADB) has agreed to provide the Government of Armenia (GoA) with a US$ 500 million Multi-Tranche Financing Facility (MFF) to finance the North-South Corridor Road Investment Program.
The Land Acquisition and Resettlement Plan (LARP) for Talin-Lanjik section has been prepared and LARP for Lanjik-Gyumri section is in preparation process following the updated Land Acquisition and Resettlement Framework (LARF) for the MFF and ADB Safeguard Policy Statement (2009) and based on the detailed design. The LARPs provide an assessment of the Tranche-3 Project’s impacts and costs and a detailed action plan for the delivery of LAR compensation and rehabilitation measures to the Project Affected People (APs) and households (AHs). Based on the land acquisition and resettlement (LAR) assessment, the Project will permanently acquire a total of 1014 land plots (from which 348 in Talin-Lanjik section (224 private land plots, 332 AHs) and 666 in Lanjik-Gyumri section (345 private land plots, 532 AHs), totally affecting 864 households with 4236 APs in 12 communities.
The Ministry of Transport and Communications (MOTC) is the Executing Agency (EA) and the “Organization for Implementation of North-south Road Corridor Investment Program” SNCO (PMU) is the Implementing Agency (IA) for the Program. The PMU has established a Legal and External Impact team consists of 5 specialists (hereafter: Resettlement Coordination Team (RCT)) for implementation of the LARP and consequential assistance program.
This EOI is referring to mobilization of Implementation Consultant (hereafter: IC) for the implementation of LARPs both for Talin-Lanjik and Lanjik-Gyumri sections based on the ToR attached to the LARPs as an appendix.
The main expected outcome of IC’s works at the end of the services is the acquired affected lands with state registration of signed acquisition contracts or court decisions and submitted RA entitlement state registration certificates for all acquired affected lands.
OBJECTIVES AND SCOPE OF WORK
- The main objectives for the IC for implementation of the Resettlement Plans are and scope of work:
(i) The IC will act as a link between PMU and APs and will be responsible for the overall implementation of LARP for Talin-Janjik and Lanjik-Gyumri sections including the expropriation phase according to the requirements of RA legislation.
(ii) To ensure the full implementation of Legalization/Correction and Rehabilitation plans defined under the LARPs;
(iii) To ensure the smooth relocation of the APs and their businesses;
(iv) Assist RCT-PMU to undertake public information campaigns related to Resettlement Policies and entitlement packages;
(v) Consult and educate APs/AHs regarding their entitlements and obligations under the Resettlement Plans;
(vi) Ensure that APs/AHs obtain their full entitlements under the Resettlement Plan. Where options are available, the IC shall provide advice to Affected Persons on the relative benefits of each option and link the Affected Persons to the respective employment, self-employment, training and other programs (as defined under the LARPs);
(vii) Assist APs in resolving their grievances through the grievance redress mechanism set out in the LARPs and assist APs to pursue any grievances to a suitable remedy;
(viii) To ensure the availability of all needed information/data for the preparation of Compliance reports by External Monitoring Agency (EMA) and provide the proper implementation of all corrective measures defined by EMA (if any).
(ix) To ensure measurement of affected lands (approximately 300 units) envisaged by LARP in compliance with the Armenian legislation and to submit drawings in a prescribed form.
(x) To ensure observation of land plots acknowledged by the RA Government as Public Eminent Domain and preparation and signing of their description protocols in compliance with form and timeframe prescribed by the RA Government;
(xi) To ensure evaluation of affected land plots with buildings and available improvements bind to them for purposes to compensate property subject to alienation based on LARF principles of compensation, RA legislation, evaluation standards, and LARP evaluation methodology
(xii) Implement census (including collection of required documents), social-economic survey, and verification activities (if necessary).
- The IC should prepare Detailed Action Plan (DAP) prior the start of works describing all methodologies, actions and schedules for each implementation phase per each LARP subsection (including the implementation of legalization plan) based on consultations with PMU.
- During the LARP implementation the IC shall follow the requirements set by the “RA Law on alienation of the property for public and state purposes” (hereinafter: Law), the Government Decree N 1274-N, adopted on 16.09.2010 (LARF), ADB Safeguard Policy Statement (SPS 2009), the Government Decrees approving the LARPs for Talin-Lanjik and Lanjik-Gyumri sections, as well as other related legal acts.
- Besides the LARP implementation, the IC shall ensure the implementation of LARP additional acquisition plan (LARPA) and LARP changes action plan (CAP).
ICQUALIFICATION AND TEAM COMPOSITION
- For the implementation of his assignments the IC should mobilize two teams: the main team will be responsible for overall LARP implementation and 2nd team will be responsible for Implementation of CAP and LARPA works. The IC should have relevant experience in the areas of land relations (experience in land acquisition procedure regarding cadastral registration is an advantage), livelihood and income generation activities and training, socio-economic surveys, resettlement and rehabilitation, development programs with participation of stakeholders and communities concerned, infrastructure development programs (experience in road construction domain is an advantage), gender issues, and valuation and measurement of real property and other related domains. The key specialists of IC will be field based and work under the guidance of the Team Leader.
- The IC should mobilize work teams of experienced specialists to carry out this assignment.
- Suggested structure of Implementation Consultant professional team (Implementation Team -IT) is as follows:
LAR IT (Structure, Functions, Qualifications of Key Experts)
The main functions of LAR Team are as follows: implementation of alienation of lands—acknowledged as Public Eminent Domain by the RA Government—on contract basis or court proceedings; implementation of compensation provision in a smooth manner; submission of RA entitlement state registration certificates; and thorough implementation of other assignments envisaged by IC ToR.
Suggested structure of Implementation Consultant professional team (Implementation Team -IT) is as follows:
- IT Team Leader
- Legal Counsel/Advocate (s)
- Field Specialist (s)
- Sociologist /Social Development Specialist(s)
- Database Specialist/Developer (If Database Specialist cannot implement required Developer’s functions, then a Developer’ might be hired temporary as needed, without being permanent member of the team. Data Base Specialist should be worked on a full-time basis.)
1. Coordinates activities of the entire team,
2. carries out division of labor among IT members with the assistance of the coordinators,
3. plans an supervises the entire process of the LARP implementation in a coordinated manner together with PMU,
4. provides IC- PMU interactions on behalf of the IC, as well as interactions with different state, community and other bodies involved into the process; organizes discussions and meetings when requested, acts on behalf of PMU in relations with the mentioned authorities by PMU instruction,
5. submits reports to the PMU on the weekly bases pertaining to the process of the LARP implementation works, provides the ongoing comprehensive data, references and information, lists of conducted cadaster an notary operations, which include relevant costs; raises and discusses issues occurring in the course of the LARP implementation and suggest possible mechanism for their redress,
6. submits to PMU the RA entitlement state registration certificates registered based on the concluded acquisition contracts via hand-over acts,
7. submits to PMU the current and stage reports defined under this ToR on behalf of the IC
- Coordinates work of the field work implementation teams
- carry out division of labor among members of the field teams,
- report progress on the LARP works in the end of every working day to the IT team leader, submits ongoing data, references and information, lists of the cadaster and notary operations with all their costs, raises and discusses issues occurring in the course of the LARP implementation and suggest possible mechanism of their redress,
- coordinates submission of the data collected during field works and information on the process/ status of the implemented activities to the database specialists for the further input into the database and processing in accordance with the format agreed beforehand,
- coordinates data consolidation and validation/checking exchanged by field work teams and database specialists,
- assists the IT Team Leader in preparation of reports to be submitted to the PMU by the IC.
Lawyers/ Advocate (s)
- provide legal assistance regarding LARP implementation, including contracts on land acquisition and state registration of rights to the property
- implement the preparation and maintenance of the lawsuits for every case,
- within the framework of LARP, presents the interests of “North-South Road Corridor Investment Program SNCO" and performs advocate practice in order to protect them according to the requirements of “RA Law on Advocacy”, including: act as the PMU's representative in court as a plaintiff and / or defendant (where necessary), including the following: a) sign and submit motions, applications, b) sign a settlement agreement, c) appeal the judgment, present appeals and corresponding responses to the Court of appeals d) to perform other actions that are necessary for proper implementation of the LARP
- organizes the obtainment, preparation of the additional documents (evidences) for proceeding of every lawsuit etc.,
- Ensure implementation of the court decisions and state registration of the property rights based on the court decisions,
- carry out other necessary actions in the framework of the lawsuit proceedings,
- submit quantitative and descriptive progress reports to the IT team leader.
Field Specialist (s)
- Provide APs with the proper consultations on their rights, compensation obtainment and other issues in the framework of the LARP,
- assist APs in regulating ongoing problems through the Grievance Redress Mechanism in accordance with the order prescribed by the LARP Grievance Redress Mechanism.
- assist in and organize processes of APs legalization, supplementing incomplete documentation, cadaster data corrections,
- cooperate with the respective subdivisions of the SCREC and notary offices to conclude land acquisition contracts/agreements,
- Organize and carry out conclusion of the land acquisition contracts and agreements with APs providing their notarial ratification,
- assist APs in receiving compensations (including rehabilitation allowances)
- examine problems occurring in cases of the land splitting and necessity of the SCREC Common references (when cadaster suspends and/or stops applications, etc.,) together with PMU and other stakeholder parties,
- assist in any legal and other activities pertaining to the concluding land acquisition contracts and agreements, state registration of the property rights
- provide the solution of legal problems arising during the process of transferring reimbursement amounts to deposits, receipt of the amounts by the APs, including entire process of the account openings for the APs,
- assist lawyers in preparation and maintenance of the lawsuits,
- submit quantitative and descriptive progress reports to the IT team leader.
Sociologist/Social Development Specialist
- Ensure proper awareness raising and notification of the APs, distribute information pamphlets and materials developed in the LARP framework,
- assist PMU in initiating public awareness campaigns in the affected communities, aiming to provide information to APs on resettlement policy and compensation entitlements,
- carry out comprehensive checks and updates of the AP-related data in regards of all land plots (through meetings with the APs),
- ensure the obtainment, of required documents and data, their handover as belonging, submission of the data collected through field work and on the process of the actions implemented to the database specialist for importing into the database and further processing/analyzing,
- assist APs in resolving problems through the Grievance Redress Mechanism together with lawyers,
- carry out legalization and cadaster corrections in the framework of the LARP together with lawyers, providing proper consulting and awareness raising to the APs,
- support APs in the processes of separation of the affected lands and their state registration, carry out the general organization of the above mentioned process, as well as the receipt of common references and other required information in the SCREC territorial subdivisions,
- examine issues occurring in the result of the lands separation and receipts of the common references (when cadaster suspends and/or stops applications, etc.,) in cooperation with the PMU and other stakeholder parties,
- assist APs in acquiring, clarifying and preparing necessary documents to conclude acquisition contracts/ agreements,
- ensure the receipt of compensation by APs,
- support to lawyers in organization of the property rights state registration within the LARP,
- submit quantitative and descriptive progress reports to the IT team leader.
Database Specialist/Software Developer
- Organizes and implements continuous software development of the LARP database (MYSQL), which includes database archiving options, differentiated access levels, , importation of the new variables, obtainment of new reports and requests etc., according to the requirements of the implementation phases and based on the discussions with and in coordination with the PMU specialists.
- ensures correspondence of the data in the LARP database with the data on every AP recorded in the paper-based packages(folders) (such as description protocols, valuation report, additional documents/ acts/ references); ensures import and update of the checked data in the database as well as import an update of the information on the different stages of the implementation process,
- provides data collected on the APs (acquisition conditions, reimbursement data, etc.) in the LARP framework to the other specialist of the IT for review, updates and application,
- ensures preparation and provision of the information materials based on the database data and foreseen for the public awareness campaigns in the format agreed with the PMU,
- provides for the software generated output of the APs’ notification letters/materials, acquisition contracts/agreements based on the database data in the format agreed with the PMU on the different stages of implementation,
- composes and provides summaries, data, and monitoring quantitative tables on LARP implementation progress as well as data on APs based on the request of the IT specialists, PMU specialists and consultants and in the format agreed with the PMU,
- defines and provides user’s differentiated access levels for the LARP database usage for the different specialists and consultants involved in the LARP implementation process, which have to be previously agreed with the PMU; also provides proper training of the database users,
- provides for the comprehensive monitoring data on the LARP implementation process and results, quantitative indicators in the end of the LARP implementation; assists PMU and external monitoring agency’s specialist to receive necessary monitoring data from the database,
- submits quantitative progress reports to the IT team leader envisaged by this TOR,
- ensures web-based utilization/ usage of the database, in accordance with the order agreed with the PMU IT specialist,
- proposes amendments/ changes to be done in the database and aimed at more efficient use of the latter in to the PMU and IT team leader.
Main qualifications required from IT key experts:
Team Leader. S/he should have a bachelor degree in social science, economics, statistics, finance, law or related fields with at least 5 years of relevant experience. Experience in the area of management and in coordination of multi-functional team is required. S/he should be leading the team and be responsible for the overall tasks. The Team Leader should have a good working knowledge on land acquisition, land relations, local self-governance and cadaster in RA. Experience in Land Acquisition and Resettlement (LAR), including knowledge on the institutions involved in LARPs preparation and implementation and familiarity with ADB SPS (2009) is an advantage. Ability to write and speak in English is required.
Lawyer/Advocate. S/he should have a bachelor degree in law with preferably 4 years of professional experience. S/he will be responsible for institutional, legislative issues and court cases during LARP implementation. The lawyers should have professional knowledge regarding the RA Law “On Alienation of Property for Public and State Needs”, RA Law “On State Registration of Property Rights”, RA Civil Code and RA Land Code. Preference will be given to applicants with knowledge on the institutions involved in LARPs preparation and implementation and familiarity with ADB SPS (2009).
Assignment outcomes: IC should submit the PMU Quarterly Reports and Final Reports for each section (with total number of 6) attaching alienation contracts of acquired lands, court decisions regarding alienation, state registration of rights to the property, and other.
Team for Implementation of CAP and LARPA Works (Structure, Functions and Qualifications of Key Experts):
During implementation of CAP and LARPA, the relevant team should carry out the following main actions: measurement and inventory (observation) of lands (300 units) recognized by the RA Government as Public Eminent Domain; preparation and signing of description protocols; implementation of census (including the collection of documents) and socio-economic survey; implementation of verification actions (if needed), and evaluation of affected real property.
Assignment outcomes: Under CAP and LARPA, IC should submit to the PMU the full package—electronic version and hard copy—of compensations for each land plot acknowledged as Public Eminent Domain and subject to alienation, including the following:
- Description protocols of affected property along with supporting documents
- Sample drawings (to be submitted also in electronic version on CD) of each affected land plot for whole or separated parts of land plots with their buildings—including that of for leased lands
- Report on measurement and Inventory (observation) of each affected land based on LARF principles of compensation and LARP evaluation methodology;
- The observatory sheets on trees and crops available in land plots with description of tree age and other standards required to be prepared by the agronomist
- Questionnaires filled in as a result of implementation of census and social-economic survey
- Other documents required under RA legislation
In addition, IC should submit all data collected as a result of works carried out and incorporate it into database in coordination with the PMU.
The implementation of CAP and LARPA assumes involvement of the following main specialists:
- Measurement specialist
- Sociologist/Social Development Specialist/ Field Specialist
- Interviewers (for implementation of census and social-economic survey)
Qualifications required of CAP and LARPA Team Key Experts:
Measurement specialist: S/he should have at least 10 years of professional experience and Qualification Certificate from authorized state body. Experience in relevant programs is required.
Valuator: S/he should have at least 5 years of professional experience and Qualification Certificate from authorized state body. Experience in relevant programs is required.
Agronomist:S/he should have a master degree in agricultural domain with at least 10 years of professional experience. Experience in relevant programs is required.
Sociologist/Social development specialist: S/he should have a bachelor degree in sociology or other applied social sciences with preferably 3 years of professional experience or 5 years of work experience. Sociologist should have relevant work experience and professional knowledge on land acquisition, land relations, local self-governance and cadaster in RA, and professional knowledge and skills on resettlement institute. Experience in Land Acquisition and Resettlement (LAR), including knowledge on the institutions involved in LARPs preparation and implementation and familiarity with ADB SPS (2009) is an advantage.
IC can involve other specialists based on work implementation requirements.
4. It is estimated that the IC’s services will be required for 18 months in the implementation of LARPs.
5. The payment of IC will be based on the approval of Quarterly Reports for expected 6 LARP subsections (90%) and Final Completion Report (10%). The payment for works carried out under CAP and LARPA will be based on the submission of Compensation Package and its per unit cost of each affected land plot. (The subsections will be defined by the approved Detailed Action Plan of LARP implementation.)
6. Selection Method: Quality and Cost-Based-Selection (QCBS) (90/10)
Contract Type: Lump-Sum
Duration of assignment: 18 months
Tentative commencement date: October 2015
Anticipated completion date: April 2017
Type of consultant: National
Interested candidates can download the EOI and CV forms and all related information (free of charge) from the “Organization for Implementation of North-South Road Corridor Investment Program” SNCO official web-site www.northsouth.am. Candidates can also get the EOI and CV forms by sending a request to the following e-mail addresses: firstname.lastname@example.org, email@example.com.
EOI’s should be submitted in Electronic Format or Hard Copy no later than 14 September 2015.
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