Ho Chi Minh City Urban Mass Rapid Transit Line 2 Investment ...

More documents

Recommendations

Info

26 Appendix 6 SCHEDULE 6 UNDERTAKINGS 63. Viet Nam will, and will cause HCMC PC to; (i) ensure timely implementation of the Investment Program, including executing the implementation arrangements set out in Schedule 3 to this FFA and monitoring and evaluating implementation based on the Design and Monitoring Framework set out in Schedule 2 to this FFA; (ii) ensure that all projects financed under the Facility are selected and approved in accordance with the criteria and procedure set out in Schedule 4 to this FFA; and (iii) ensure all projects financed under the Facility are developed, implemented and maintained in accordance with the safeguard requirements set out in Schedule 5 to this FFA. 64. HCMC PC will comply with ADB’s relevant policies and procedures, including those on procurement, disbursement, safeguards, social dimensions, gender, governance, and anticorruption measures, in the preparation and implementation of investments. Breach of undertakings will trigger ADB’s right to hold back financing, and to suspend or terminate the Facility. A. Budget Resources 65. HCMC PC will ensure that funding is available for regular maintenance and implementation, as required, of the MRT constructed under the Investment Program. Furthermore, HCMC PC will ensure that annual operational and maintenance plans are prepared for the MRT2 on the basis of the agreed-upon maintenance standards, passenger volumes, and assessment of needs. 66. Viet Nam will ensure that HCMC PC makes available all counterpart funds required for timely and effective implementation of the Investment Program, and will ensure that necessary resources thus required are released in a timely manner. B. Construction 67. Viet Nam through HCMC PC will ensure that the Program is carried out in accordance with the applicable technical specifications and design, and that the construction supervision, quality control, and project management of the Program are performed in accordance with applicable standards and best international practices. Viet Nam will ensure that the works improved under the Program are maintained in accordance with applicable standards and best international practices. 68. HCMC PC will ensure that civil works contracts will include appropriate clauses requiring contractors to allow their workers to attend planned campaigns on HIV/AIDS and human trafficking prevention during construction and will maintain adequate sanitation and working conditions. C. Urban Transport Sector Policies 69. HCMC PC will submit quarterly project progress reports and progress reports to ADB periodically on the Urban Transport Sector Policies (UTSP) and consult with ADB on further urban transport sector policy measures, if and when available. 70. Viet Nam will keep ADB informed of key transport sector and urban transport subsector
Appendix 6 27 studies undertaken in Viet Nam and, on request, will provide ADB with copies of all available documents relevant to such studies, including consultants’ reports, and will ensure that ADB has the opportunity to comment on the recommendations contained therein prior to the finalization of the reports. 71. HCMC PC and their concerned agencies will participate in the Integrated Sustainable Urban Transport study, and coordinate, review and consolidate government responses to options and recommendations made by the consultant. Upon completion of the report, the HCMC PC will undertake the necessary actions to implement the measures and process any regulatory or policy reforms agreed D. Governance 72. Viet Nam will comply with, and will ensure that HCMC PC complies with, ADB’s Anticorruption Policy (1998, as amended to date). Viet Nam, consistent with its commitment to good governance, accountability and transparency, agrees (a) that ADB has the right to investigate, directly or through its agents, any alleged corrupt, fraudulent, collusive or coercive practices relating to the Program; and (b) to cooperate fully with any such investigation and to extend all necessary assistance, including providing access to all relevant books and records, as may be necessary for the satisfactory completion of any such investigation. In addition, Viet Nam will (a) conduct periodic inspections on the contractors’ activities related to fund withdrawals and settlements; (b) ensure that all contracts financed by ADB in connection with the Program include provisions specifying the right of ADB to audit and examine the records and accounts of all contractors, suppliers, consultants, and other service providers as they relate to the Program; and (c) the construction supervision consultant shall verify the contractors’ payment certificates in accordance with working drawings and contract specifications. Individuals and/or entities on ADB’s anticorruption debarment list are ineligible to participate in ADB-financed activities and may not be awarded any contracts under the project. To support these efforts, relevant provisions are included in the loan agreement and the bidding documents for the investment program. 73. Viet Nam will ensure that for civil works, a grievance redress mechanism is developed so that complaints, grievances and/or reports from stakeholders on misuse of funds and other irregularities are received and resolved quickly. The HCMC PC will (a) make public the existence of this grievance redress mechanism through a public awareness campaign in every area where project funds are used; (b) review and address grievances of stakeholders in relation to the Project, any of the service providers, or any person responsible for carrying out any aspect of the Project; (c) proactively and constructively respond to them; and (d) provide easy access for beneficiaries to contact numbers for complaints and where to secure more information. E. Project Performance Monitoring and Evaluation 74. HCMC PC will ensure the implementation of a systematic Project performance monitoring and evaluation system for use throughout the Project period, and thereafter as needed, that indicates: (i) the effectiveness of Project implementation activities, including (a) the precise nature, timeliness, cost and quality of physical infrastructure implemented in the Project, (b) the integrity of resettlement and related programs, and (c) the extent to which the HIV Program is implemented as planned, and their impacts; and (ii) the effectiveness of the Project with regard to its anticipated effect on economic and social development relative to the baseline prior to its implementation as indicated by at least the following indicators: (a) public transport modal share, (b) daily loadings of Line 2, (c) average travel time along project corridor, (d) capacity of non-MRT public transport in project districts, and (e) number of traffic accidents in
Page 1 and 2: DRAFT FRAMEWORK FINANCING AGREEMENT
Page 3 and 4: commitment charges,which are in eff
Page 5 and 6: Arrangements Project Design and Mon
Page 7 and 8: Appendix 1 7 discourage private tra
Page 9 and 10: Appendix 1 9 improvements and expan
Page 11 and 12: Appendix 1 11 gateway seaports, int
Page 13 and 14: Appendix 1 13 urban transport measu
Page 15 and 16: Design Summary Impact An integrated
Page 17 and 18: Appendix 2 17 Design Summary Perfor
Page 19 and 20: procedures. D. Accounting, Auditing
Page 21 and 22: A. Requirements SCHEDULE 4 SELECTIO
Page 23 and 24: SCHEDULE 5 SOCIAL DIMENSIONS AND SA
Page 25: Appendix 5 25 relocation of affecte
Page 29 and 30: Date: To: Asian Development Bank 6
Page 31 and 32: Implementation Arrangements Procure
Page 33 and 34: Design Summary 3 Provision of socia
Page 35 and 36: PROCUREMENT PLAN Annex D Basic Data
Page 37 and 38: National Competitive Bidding 1. Gen
Page 39 and 40: submitted, how prices should be off

Ho Chi Minh City Urban Mass Rapid Transit Line 2 Investment ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?