NEP: South Asia Sub Regional Economic Cooperation (SASEC) Power System Expansion Project (On Grid Component)

Transcription

1 Environmental Monitoring Report Semiannual Monitoring Report Loan/Grant: 3139/0397 (January- June) 2017 NEP: South Asia Sub Regional Economic Cooperation (SASEC) Power System Expansion Project (On Grid Component) Prepared by the Government of Nepal for the Asian Development Bank. This Environmental Monitoring Report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the terms of use section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

2 CURRENCY EQUIVALENTS 30 June 2017 Currency unit Nepalese Rupee (NRs) NRs = $ US $ 1.00 = NRs ABBREVIATIONS ADB AEPC BoQ BS CFUG DDR DFO DoED EARF ESSD EIA EIB EMP EPA EPR GoN GRC IEE kv MoEn MoFSC MoPE NEA NORAD OHS PAM PSEP RIPP SCF SASEC SREP ToR Asian Development Bank Alternative Energy Promotion Centre Bill of Quantity Bikram Sambat (Nepali Calendar) Community Forest Users Group Due Diligence Report District Forest Officer Department of Electricity Development Environmental Assessment Review Framework Environment and Social Studies Department Environmental Impact Assessment European Investment Bank Environmental Management Plan Environment Protection Act Environment Protection Rules Government of Nepal Grievance Redress Committee Initial Environmental Examination Kilo volt Ministry of Energy Ministry of Forests and Soil Conservation Ministry of Population and Environment Nepal Electricity Authority Norwegian Agency for Development Cooperation Occupational Health and Safety Project Administration Manual Power System Expansion Project Resettlement and Indigenous Peoples Plan Strategic Climate Fund South Asia Sub Regional Economic Cooperation Scaling Up Renewable Energy Program Terms of Reference

3 (i) (ii) NOTES The fiscal year (FY) of the Government of Nepal and its agencies ends on 16 July. FY before a calendar year denotes the year in which the fiscal year ends, e.g., FY 2016 ends on 16 July In this report, "$" refers to US dollars. This Semi Annual Environmental Monitoring Report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

4 TABLE OF CONTENTS 1. INTRODUCTION 2 2. COMPLIANCE STATUS WITH ENVIRONMENTAL COVENANTS 3 3. ENVIRONMENTAL SAFEGUARDS IN SASEC POWER SYSTEM EXPANSION PROJECT Environmental Safeguards Planning Status of Projects Tree cutting plan preparation Status of Tree Cutting Plan Preparation 4 4. COMPLIANCE WITH ENVIRONMENTAL SAFEGUARD MEASURES Establishment of Safeguard Unit and Grievance Redress Mechanism EMP Implementation, Monitoring and Reporting 5 5. ISSUES AND FOLLOW UP ACTIONS 6 List of Tables Table 1: Summary of OHS Status of different Sub-Projects.6 Table 2: Issues and Follow up Actions.6 List of Annexes Annex 1: Status of Compliance with Loan and Grant Covenants... 9 Annex 2: Environmental Safeguard Planning Status for SASEC PSEP Annex 3.1: Status of Environmental Compliance for SASEC PESP Annex 3.2: Status of Compliance Status in Terms of Contract Clauses

5 1. INTRODUCTION Background 1. In line with the Government of Nepal targets for energy sector ADB approved Loan 3139 ($180.5 million from special fund), administration of the Grant 0397 ($22 million from Government of Norway) and Grant 0398 ($11.2 million from Strategic Climate Fund-Scaling Up Renewable Energy Project (SREP) for South Asia Sub regional Economic Cooperation Power System Expansion Project. The loan/grant project agreements for Loan 3139 and Grant 0398 were signed on 11 July 2014, and the agreement for Grant 0397 was signed on 14 November The loan and grants became effective on 15 January EIB provided EUR 95 million parallel co-financing to support specific project components and the financing agreement was signed in March The project will contribute to Nepal s energy development objectives by (i) scaling up the on-grid and off-grid renewable energy supply, (ii) facilitating cross-border power exchange, (iii) increasing access to renewable energy in rural areas, and (iv) building capacity for on-grid and off-grid power sector development. The Project targets the strengthening and expansion of transmission and distribution systems that will enable Nepal to further benefit from power trading and development of its abundant hydropower resources. Transmission network strengthening and expansion, in conjunction with current hydropower generation development, is a precondition to reducing load shedding and increased cross border electricity trade. Project Outputs 3. The Project has following four outputs: (A) Power transmission capacity expansion. This comprises of: A-1-1: Dana-Kusma 220kV Transmission Line and Associated Substations at Dana and Kusma A-1-2-1: Kusma-New Butwal 220kV Transmission Line A : New Butwal Substation A-1-3: New Butwal-Bardaghat 220kV Transmission Line A-3: Marsyangdi-Kathmandu 220kV Transmission Line and Associated Substation at Markichowk and Matatirtha A-5: Grid Substations Reinforcement 4. In addition, European Investment Bank (EIB) provided parallel co-financing for: A-2-1 Udipur- Markichowk Bay Extension, Bharatpur 220kV transmission line, and substation at Udipur, Bay extension at Marki Chowk, and Bharatpur. A-2-2: Manang-Khudi-Udipur 220kV transmission line, and associated substations at Manang and Khudi. A-4: Samundratar -Trishuli 3B Hub 132kV Transmission Line and Samundratar Substation along with Bay-extension at Trishuli 3B Hub. (B) Power distribution network augmentation: Lot 1: Expansion of Distribution Network in the Eastern and Central Region of Nepal Lot 2: Expansion of Distribution Network in the Western Region of Nepal 2

6 Lot 3: Distribution Network Improvement (C) Mini-grid based renewable energy systems in off-grid areas. This included installation of up to total 4.3 MW of mini hydro-electric power plants and up to total 0.5 MW of mini-grid based solar or solar/wind hybrid systems, in selected rural communities.. (D) Capacity development support to NEA and AEPC. This included project management support, preparation support for distribution system/rural electrification master plan, and livelihood development activities in the project area. 6. NEA is the executing agency (EA) for Output A and B (on-grid components). AEPC is the EA for Output C (off-grid component). Both NEA and AEPC are EAs for Output D (capacity development component). The Project will be completed on 31 December The loan and grants closing date is 30 June Implementation Status 7. There are 11 packages to be procured with estimated amount of Million USD under goods and works. Eight packages are awarded till date and most of the packages are progressing satisfactorily. However, delay in tree cutting and up-gradation of 4 bridges along Kusma- Myagdi highway may impede the progress of Dana-Kusma 220 kv TL (Package A-1-1). Bid evaluation is in progress for three packages (A-2-1, A.1.3, A-1-2-2). In addition consulting service package are under in procurement process. 2. COMPLIANCE STATUS WITH ENVIRONMENTAL COVENANTS 8. Environmental safeguard related project activities are in compliance with covenants as given in Annex ENVIRONMENTAL SAFEGUARDS IN SASEC POWER SYSTEM EXPANSION PROJECT 3.1. Environmental Safeguards 9. According to Environmental Protection Act (EPA), 1997 and Environmental Protection Rules (EPR), 1997 of Government of Nepal (GoN) and ADB Safeguard Policy Statement, 2009, initial environmental examination (IEE) is mandatory for the electricity transmission line projects. However, if the transmission line passes from protected areas (national park, wildlife reserves, conservation areas), environmental impact assessment (EIA) is mandatory according to schedule 2 of EPR There is confusion about the level of environmental assessment (IEE or EIA) for the projects passing from Chure conservation area. Recently, government has clarified that IEE study is sufficient for the projects passing through Chure conservation area. Moreover, considering National Energy Crisis Alleviation and Electricity Development Decade concept note, Ministry of Energy (MoEn) has issued "IEE and EIA Working Procedures for Hydropower and Transmission Line Project, 2073 BS" effective from 2073 Kartik 4 (20 October 2016) to simplify and expedite environmental assessment approval process by assigning authority to Department of Electricity Development (DoED). 3

7 3.2. Planning Status of Projects 10. Following is the planning status of environmental assessment reports under SASEC PSEP (refer Annex 2 for details): 1. Kaligandaki Corridor (Dana-Kushma) 220 kv Transmission Line Project IEE report has already been approved by the Ministry of Energy (MoEn). 2. Kaligandaki corridor (Kushma-New Butwal) 220 kv Transmission Line Project IEE report has already been approved by the MoEn. 3. Marsyangdi-Kathmandu 220 kv Transmission Line Project - IEE report has already been approved by the MoEn. 4. Marsyangdi Corridor (Udipur- Markichok- Bharatpur) 220 kv Transmission Line Project - IEE report is under preparation as terms of reference (ToR) for IEE has been approved by MoEn. Public notice (15 days) in national daily newspaper has been published by NEA. 5. Marsyangdi Corridor (Manang-Khudi-Udipur) 220 kv Transmission Line Project - Since part of this transmission line project passes through Annapurna conservation area, EIA is mandatory requirement for this project. Scoping and Terms of Reference (ToR) for EIA has been prepared by Environment and Social Studies Department (ESSD) of NEA and has already been approved by Ministry of Population and Environment (MoPE). ESSD has completed the field study and the EIA report is under preparation Tree cutting plan preparation 11. Based on legal provisions as stipulated in Forest Act, 2049 BS, Forest Regulations, 2051 BS, Government of Nepal Work Procedure for Providing Government Forest Land for National Priority Projects, 2074 BS (2017) forestry clearance and Government Land Acquisition has to be obtained from the GoN through Ministry of Forests and Soil Conservation (MoFSC). 12. For preparing tree cutting plan, total enumeration (counting & measurement) of vegetation in each tower falling on Government owned land (15mx15m) and under transmission line passing from the community forest or national forest (30m right of way (RoW) was done for Sub-projects Dana-Kusma Transmission Line, Marshyangdi Kathmandu Transmission Line Project and Samundratar-Trishuli 3B Hub Transmission Line Project. This was done by the concerned District Forest Office (DFO) staffs and forest users' group representative Status of Tree Cutting Plan Preparation 13. Following is the status of tree cutting plan preparation: 1. Kaligandaki corridor (Dana-Kushma) 220 kv Transmission Line Project (Myagdi & Parbat districts) Forest inventory for tree counting and measurement along with data entry completed. There is a minor change in some of tower locations along the TL alignment of Myagdi district and Parbat district during the check survey by the executing agency based on the original detail 4

8 survey carried out by NEA prior to tendering. Those minor changes in tower locations has got small changes in the area falling in the GoN Land and Private Land. 2. Kaligandaki corridor (Kushma-New Butwal) 220 kv Transmission Line Project (Parbat, Baglung, Syangja, Palpa, Rupendehi & Nawalparsi districts) Orientation training for the forest inventory has been done in all six districts. However, tree cutting plan has been completed only for Nawalparashi district as TL alignment in Baglung, Parbat, Syangja, Palpa and Rupendehi districts has yet to be finalized. Forest inventory will be worked out after the finalization of TL alignment by the Project. 3. Marsyangdi-Kathmandu 220 kv Transmission Line Project (Gorkha, Chitawan, Dhading & Kathmandu districts) Forest inventory for tree counting and measurement along with data entry completed for all districts. There is a minor change in some of tower locations along the TL alignment districts during the check survey by the executing agency based on the original detail survey carried out by NEA prior to tendering. Those minor changes in tower locations has got small changes in the area falling in the GoN Land and Private Land. 4. Marsyangdi corridor (Udipur- Markichowk-Bharatpur) 220 kv Transmission Line Project (Lamajung, Tanahu, Gorkha & Chitwan districts) Forest inventory for tree counting and measurement along with data entry completed for the IEE propose. For Summary details refer Annex Project involvement by mobilizing contractors for resurvey of forest inventory 14. Since Project has already awarded contract, the tree cutting plan preparation has been done by the concerned contractors in Kaligandaki corridor (Dana-Kushma), Marsyangdi-Kathmandu 220 kv and Samundratar Trishuli 3B Hub Transmission Line Project. 4. COMPLIANCE WITH ENVIRONMENTAL SAFEGUARD MEASURES 4.1. Establishment of Safeguard Unit and Grievance Redress Mechanism 15. It is necessarily required to establish safeguard unit for each subproject under SASEC PSEP. Two Environmental and Two Social Safeguard experts each for Dana-Kushma and Marsyangdi- Kathmandu 220 kv Transmission Line Project has been deployed at Kushma and Dharke respectively. Grievance redress committee in each project is being established for addressing grievances on timely and satisfactory manner EMP Implementation, Monitoring and Reporting 16. Implementation of project has just started in Kali Gandaki corridor (Dana-Kushma) Transmission Line Project with the construction of sub stations at Dana (Myagdi) and Khurkot (Parbat). ICB contractor Tata JV has already been mobilized for the construction of both substations. Safety officers and stewards in both sites have been employed by contractor along with safety plan which has been submitted for project approval. Contractor demonstrated safety preparation at Dana substation, but same in Khurkot substation was lacking. Monitoring mechanism in each project will be established for regular compliance monitoring. Reporting will 5

9 be done on quarterly and biannual basis. Following are the safeguard compliance status and issues along with corrective actions (refer Annex 3.1 and 3.2 ): Table 1: Summary of OHS Status of different Sub-Projects S. N Substation of DKTLP Availability of Safety Kits Helmet Boots/ Shoes Gloves Belts Glass Mask Presence/Absence Status of Other Facilities First Toilet Child Aid Kit Drinking Water Facility a.) Dana-Kushma 220kV TL Project 1. Khurkot S S U NA NA NA P S U A 2. Dana S S U NA NA NA P S S A 3. APs S U U NA NA NA A U S A b.) Marsyandi-Kathmandu 220kV TL Project 1. AP-8B U U U NA U U A S U A Remarks: Safety shoes/gloves have been provided to the Contractor s personnel, however they were, during the monitoring, found to be used partially. Action: Safety shoes/gloves and mask need to wear during the work time and same is notified verbally during the monitoring to the worker and supervisor of contractor. Note: - S: Satisfactory, NA: Not applicable, U: Unsatisfactory, P: Present, A: Absent During monitoring, consultation and meetings were conducted with the contractors and contractor s supervisor and also with the labors/staffs employed in construction works through formal and informal meetings in a group and individually. The consultative process aimed to obtain required information feedback and advice from the participants i.e. Contactors and labors/staffs engaged for the civil construction to assess the actual scenario of the labor issues and concerns. In sum, findings from the consultation meetings revealed generally positive view among the workers/staffs engaged for the construction of the S/S with consideration of getting employment, remuneration, working environment etc. However, it was revealed that many of the staffs/labors were from the out site of the project area in previous quarter but number of local labor has been increased in this quarter. The average engagement of labors during the construction was approximately persons per day (DKTLP). A joint meeting with project, contractor and ESMU was organized for the corrective actions on environment, health and safety in Dana-Kushma under Kali Gandaki corridor (Annex-5). The contractor has improved the condition of necessary Health and Sanitation aids along with cooking gas electricity, drinking water and toilets after the poor condition reporting by the minutes of meeting dated 28 th March ISSUES AND FOLLOW UP ACTIONS 17. Following Table 2 shows main environmental issues and follow up actions for the effective implementation of environmental safeguard measures. Table 2: Issues and Follow up Actions SN Issues Follow up Actions 1 Establishment of Safeguard Unit in each project under SASEC PSEP Expediting the establishment of Environmental Unit with related staff in each project and making it fully operational 6

10 SN Issues Follow up Actions 2 Environmental safeguard measures are partially complied 3 IEE approval of Marsyangdi Corridor 4 Obtaining tree cutting clearance from GoN 5 Tree cutting plan for Udipur- Khudi-Manang 6 Grievance redress committee (GRC) in the project office Compliance of environmental safeguard measures according to EMP Fast-tracking IEE preparation and approval process Continuous follow up with Department of Forest and MoFSC for speedy approval of tree cutting plan Preparation of tree cutting plan simultaneously with EIA preparation to speed up obtaining tree clearance and avoid the possibility of preparing supplementary EIA. Formation of GRC at project level for addressing grievances on timely and satisfactory manner. 7

11 Annexes 8

12 Annex 1: Status of Compliance with Loan and Grant Covenants Schedule Para no. Description 4 7 Conditions for Award of Contract The Borrower shall ensure that no Works contract for Parts 1 and 2, which involves environmental impacts is award until: a) Ministry of Energy or the Ministry of Population and Environment, as appropriate, has granted the final approval of the IEE, or EIA, as applicable, for Parts 1 and 2; and b) NEA has incorporated the relevant provisions from the EMP into the Works contract. 4 8 The Borrower shall ensure that no Works contract for Part 3, which involves environmental impacts is award until: a) Ministry of Energy or the Ministry of Population and Environment, as appropriate, has granted the final approval of the IEE, or EIA, as applicable, for Part 3: and b) APEC has incorporated the relevant provisions from the EMP into the Works contract 5 11 The Borrower shall ensure, or cause NEA or APEC, as applicable, to ensure, that the preparation, design, construction, implementation, operation and decommissioning of the Project, each Sub-project, and all Project facilities comply with (a) all applicable laws and regulations of the Borrowers relating to environment, health, and safety; (b) the Environmental Safeguards; (c) the EARF (for subprojects); and (d) all measures and requirements set forth in the respective IEE and EMP, and any corrective or preventative actions set forth in a Safeguards Monitoring Report The Borrower shall make available, or cause NEA and APEC to make available necessary budgetary and human resources to fully implement the EMP and the RIPP Safeguards Related Provisions in Bidding Documents and Works Contracts : Current Status Complied Being complied Being complied Being complied Complied Respon sibility NEA Remarks AEPC As per GoN Environment Act, only hydropower plants > 1 MW has to endorse IEE. Currently, no works contract has been awarded. NEA/ AEPC NEA/ AEPC NEA/ AEPC Decentralized Rural Infrastructure and Livelihood Project-Additional Financing 9

13 Schedule Para no. Description The Borrower shall ensure, or cause NEA and APEC to ensure, that all bidding documents and contracts for Works contain provisions that require contractors to: Current Status Respon sibility Remarks (a) comply with the measures and requirements relevant to the contractor set forth in the IEE, the EMP, the RIPP and the IPP (to the extent they concern impacts on affected people during construction), and any corrective or preventative actions set out in a Safeguards Monitoring Report; (b) make available a budget for all such environmental and social measures; and (c) provide the Borrower with a written notice of any unanticipated environmental, resettlement or indigenous peoples risks or impacts that arise during construction, implementation or operation of the Project that were not considered in the IEE, the EMP, the RIPP, (d) adequately record the condition of roads, agricultural land and other infrastructure prior to starting to transport materials and construction; and (e) reinstate pathways, other local infrastructure and agricultural land at least their pre-project condition upon the completion of construction Safeguards Monitoring and Reporting The Borrower shall do the following or shall cause NEA and APEC to do the following: (a) submit semiannual Safeguards Monitoring Reports to ADB and disclose relevant information from such reports to affected persons promptly upon submission; (b) if any unanticipated environmental and/or social risks and impacts arise during construction, implementation or operation of the Project that were not considered in the IEE, the EMP, or the RIPP, promptly inform ADB of the occurrence of such risks or impacts, with detailed description of the event and proposed corrective action plan; and (c) report any actual or potential breach of compliance with the measures and requirements set forth in the EMP, or the RIPP promptly after becoming aware of the breach. Being complied NEA/ APEC Decentralized Rural Infrastructure and Livelihood Project-Additional Financing 10

14 S. N. Name of Project or Subproject Environmental screening is carried out? (Yes or No) Environment category of the project / subproject (A/B/C/FI) EIA/IEE/DDR with EMP is prepared (Yes/No) ADB approved EIA/IEE with EMP (Yes / Under Review / Not Yet Due/Over Due) Government approved EIA/IEE with EMP (Yes / Under Review / Not Yet Submitted) Safeguard monitoring and coordination mechanism established (Yes/No) GRC is established (Yes/No) Automated safeguard monitoring system customized (Yes/No) EMP cost in approved document is included in BOQ as an individual item (Yes/No) Remarks ENVIRONMENTAL MONITORING REPORT January-June, 2017 Annex 2: Environmental Safeguard Planning Status for SASEC PSEP 1 Dana-Kushma 220 kv Transmission Line Project 2 Kushma-New Butwal 220 kv Transmission Line Project 3 Bharatpur-Udipur 220 kv Transmission Line Project 4 Markichowk-Kathmandu 220 kv Transmission Line Project 5 Udipur-Manang 220 kv Transmission Line Project Yes B Yes Yes Yes Yes No No Yes Yes B Not yet Yes No No No No Yes B Not yet Not yet No No No Yes ToR for IEE approved and IEE under process Yes B Yes Yes Yes Yes No No No Yes A Not yet Not yet No No No No Scoping and ToR for EIA approved by MoPE, EIA under process Note: EIA- Environmental Impact Assessment; IEE- Initial Environmental Examination; DDR- Due Diligence Report; EMP- Environmental Management Plan; GRC- Grievance Redress Committee; BOQ- Bill of Quantity Decentralized Rural Infrastructure and Livelihood Project-Additional Financing 11

15 Name of Subproject Spoil Management compliance in %) Landslide protection with Bioengg (compliance in %) Drainage Management (compliance in %)** Others as per EMP (specify) Target (Nos.) Replanted (Nos.) Corrective Action Plans are prepared and implemented (Y/N) Env compliance reporting is maintained (Y/N) Remarks Compensato ry Plantation Firewood is used for cooking and heating (Y/N) Others as per EMP (specify) Safety Gears are sufficient and used s are insured (Y/N) and work camps are healthy and have sanitary Community Structure 1 Community Structure 2 Occupationa l Health and Safety Community structures are compensate d / reconstructe d (progress in Others as per EMP (specify) Nos of grievances documented No of grievances resolved No of grievances under processing ENVIRONMENTAL MONITORING REPORT January-June, 2017 Annex 3.1: Status of Environmental Compliance for SASEC PESP Compliance to Environmental Management Plan* Physical Biological Socio-economic Grievances Dana-Kusma 220 kv TL and associated substations Kusma New Butwal 220 kv TL Udipur- Markichok- Bharatpur 220 kv TL and associated substation Manang- Khudi- Udipur 220 kv TL and associated substations: Marsyangdi- Kathmandu 220 kv TL Samundratar- Trisuli 3 B Hub 132 kv TL and associated substations N 0 P Y P Y N N 0 Y Y Y Y N N 0 Y Y Y Y N ++ Contract Not awarded yet Contract Not awarded yet Contract Not awarded yet Decentralized Rural Infrastructure and Livelihood Project-Additional Financing 12

16 ++: The Progress %are only for the locations for where project works has been executed. Decentralized Rural Infrastructure and Livelihood Project-Additional Financing 13

17 Annex 4.2: Status of Compliance Status in Terms of Contract Clauses. DKTLP Contract Clause Sub-Clause Specification Current Status Action Taken By the Monitoring Expert Volumn-1, Section-8, Special Conditions 22.2 The Contractor shall follow all applicable labor laws of Nepal. The Contractor shall (a) Not use children as Complied with Rates of Wages and Conditions of Health and Safety labor; (b) Follow legally mandated provisions of labor, health, safety, sanitation, and welfare and working conditions; and (c) Take steps to ensure priority employment for female headed households. Breach of these provisions by the Contractor shall cause termination of the contract. The Contractor shall throughout the contract (including the Defect Liability Period): (i) conduct Information, Education and Consultation Communication (IEC) campaigns, at least every other month, addressed to all the Site staff and labor (including all the Contractor's employees, all Sub- Contractors and Employer s and Project Manager s' employees, and all truck drivers and crew making deliveries to site for construction activities) and to the immediate local communities, concerning the risks, dangers and impact, and appropriate avoidance behavior with respect to of Sexually Transmitted Diseases (STD) or Sexually Transmitted Infections (STI) in general and HIV/AIDS in particular; Partially Complied with: safety and sanitation condition is not satisfactory, however gradual progress has been inspected than previous quarter. Not complied with: No member of female headed HHs was found to be worked. However, Very few numbers of females were found to be worked in Dana Substation. Not Complied with: The contractor should conduct IEC campaigns as mentioned in the contract clause and same is notified verbally to the contract representative. Decentralized Rural Infrastructure and Livelihood Project-Additional Financing 14

18 Prohibition of Harmful Child (ii) Provide male or female condoms for all Site staff and labor as appropriate; and iii.) Provide for STI and HIV/AIDS screening, diagnosis, counseling and referral to a dedicated national STI and HIV/AIDS program, (unless otherwise agreed) of all Site staff and labor. The Contractor shall include in the program to be submitted for the execution of the Facilities under Sub- Clause 18.2 an alleviation program for Site staff and labor and their families in respect of Sexually Transmitted Infections (STI) and Sexually Transmitted Diseases (STD) including HIV/AIDS. The STI, STD and HIV/AIDS alleviation program shall indicate when, how and at what cost the Contractor plans to satisfy the requirements of this Sub-Clause and the related specification. For each component, the program shall detail the resources to be provided or utilized and any related sub-contracting proposed. The program shall also include provision of a detailed cost estimate with supporting documentation. Payment to the Contractor for preparation and implementation this program shall not exceed the Provisional Sum dedicated for this purpose. (iv) The Contractor shall disseminate information on the risks of socially and sexually transmitted diseases, including HIV/AIDS and malaria, to its employees during Project implementation and shall implement the HIV/AIDS and Human Trafficking Prevention and Sensitization Program among its employees for the duration of the Contract. Child means a child below the statutory minimum age specified under applicable national, provincial or local law of Nepal. Not Complied with: Not Complied with: Not complied with: Complied with: The contractor should provide male or female condoms for the site staff and labor. And same is notified to the contractor. The contractor should conduct program as per the contract clause iii and same is notified to the contractor. The contractor should conduct program as per the contract clause iv and same is notified to the contractor. Decentralized Rural Infrastructure and Livelihood Project-Additional Financing 15

19 (a) The Contractor shall comply with all applicable labor, health, and safety laws and regulations of the Borrower and, in particular, a) shall not employ child labor for construction and maintenance activities b) And shall provide appropriate facilities (latrines, etc.) for workers at construction sites. (b) The Contractor shall not differentiate wages between men and women for work of equal value The Contractor shall disseminate information on the risk of transmission of sexually transmission diseases, including HIV/AIDS, in health and safety programs to all construction workers employed under the project The Contractor shall conduct awareness campaign on anti-human trafficking, shall develop information and print material on anti-human trafficking, and shall distribute to all construction workers and the community in the Project areas throughout the Project implementation period. Volumn-1, Section-7, General Conditions Engagement of Staff and a. Except as otherwise stated in the Specification, the Contractor shall make arrangements for the engagement of all staff and labor, local or otherwise, and for their payment, housing, feeding and transport. b. The contractor shall provide and employ on the Site in the installation of the Facilities such skilled, semiskilled and unskilled labor as is necessary for the proper and timely execution of the Contract. The Contractor is encouraged to use local labor that has the necessary skills. c. The Contractor shall be responsible for obtaining all necessary permit (s) and/or Visa (s) from the appropriate authorities for the entry of all labor and Complied with: Complied with: However, Private latrine of nearby home is found to be used without permission in the case of AP-41 at Doba. Complied with: Not complied with: Not complied with. Complied with: Complied with: Contractor s labors should use own latrine or the contractor needs to get permission to use private latrine of nearby homes. And same is notified to the project and contractors. The contractor has to disseminate information as mentioned in the contract clause 48.1 and same is notified to the contractor. The contractor has to conduct awareness campaign as mentioned in the contract clause 49.1 and same is notified to the contractor. Decentralized Rural Infrastructure and Livelihood Project-Additional Financing 16

20 Person in the Service of Employer Laws personnel to be employed on the Site into the country where the site is located. The employer will, if requested by the Contractor, use his best endeavors in a timely and expeditious manner to assist the Contractor in obtaining any local, state, and national or government permission required for bringing in the Contractor s personnel. d. The Contractor shall at its own expense provide the means of repatriation to all of its and its sub contractor s personnel employed on the Contract at the Site to the place where they were recruited or to their domicile. It shall also provide suitable temporary maintenance of all such persons from the cessation of their employment on the Contract to the date programmed for their departure. In the event that the Contractor defaults in providing such means of transportation and temporary maintenance, the Employer may provide the same to such personnel and recover the cost of doing so from the Contractor. The contractor shall not recruit, or attempt to recruit, staff and labor from amongst the Employer s Personnel. a. The Contractor shall comply with all the relevant labor Laws applicable to the Contractor s Personnel, including Laws relating to their employment, health, safety, welfare, immigration and emigration, and shall allow them all their legal rights. b. The contractors shall, in all times during the progress of the Contract use its best endeavors to prevent any unlawful, riotous or disorderly conduct or behavior by or amongst its employees and the labor of its Subcontractors. c. The Contractor shall, in all dealings with its labor and the connected with the Contract, pay due regard to all recognized festivals, official holidays, Complied with: Partially complied with: Some minor problems in health and safety were noticed during this monitoring period. The contractor needs to follow all the applicable labor laws and same is notified verbally to the contractor. Decentralized Rural Infrastructure and Livelihood Project-Additional Financing 17

21 Rates of Wages and Condition of Working Hours Facilities for the Staffs and religious or other customs and all local laws and regulations pertaining to the employment of labor. a. The contractor shall pay rates of wages and observe conditions of labor, which are not lower than those established for the trade or industry where the work is carried out. If no established rates or conditions are applicable, the Contractor shall pay rates of wages and observe conditions which are not lower than the general level of wages and conditions observed locally by employers whose trade or industry is similar to that of the Contractor. b. The Contractor shall inform the Contractor s Personnel about their liability to pay personal income taxes in the Country in respect of such of their salaries, wages and allowances as are chargeable under the Laws for the time being in force, and the Contractor shall perform such duties in regard to such deductions thereof as may be imposed on him by such laws. a. No work shall be carried out on the Site on locally recognized days of rest, or outside the normal working hours stated in the SCC, unless Otherwise stated in the Contract, ii. The Project Manager gives consent, or, iii. The work is unavoidable or necessary for the protection of life or property or for the safety or the Works, in which case the Contractor shall immediately advise the Project Manager b. If and when the contractor considers it necessary to carry out work at night or on public holidays so as to meet the Time for Completion and requests the Project Manager s consent thereto the Project Manager shall not unreasonably without such consent. c. This sub-clause shall not apply to any work which is customarily carried out by rotary or double-shifts. a. Except as otherwise stated in the Specification, the Contractor shall provide and maintain all necessary accommodation and welfare facilities for the Contractor s Complied with: Not Complied With: s were found to be worked in locally recognized days of rest. Complied with: The contractor needs to give holidays to the labors to locally recognized days of rest. Decentralized Rural Infrastructure and Livelihood Project-Additional Financing 18

22 Health and Safety Funeral Arrangement Personnel. The Contractor shall also provide facilities for the Employer s Personnel as stated in the Specification. b. The Contractor shall not permit any of the Contractor s Personnel to maintain any temporary or permanent living quarters within the structures forming part of the Permanent Works. a. The Contractor shall at all times take all reasonable precautions to maintain the health and safety of the Contractor s Personnel. In collaboration with local health authorities, the Contractor shall ensure that medical staff, first aid facilities, sick bay and ambulance service are available at all times at the Site and at any accommodation for Contractors and Employer s Personnel and that suitable arrangements are made for all necessary welfare and hygiene requirements and for the prevention of epidemics. b. The Contractor shall appoint an accident prevention officer at the site, responsible for maintaining safety and protection against accidents. This person shall be qualified for this responsibility, and shall have the authority to issue instructions and take protective measures to prevent accidents. Throughout the performance of the Contract, the Contractor shall provide whatever is required by this person to exercise this responsibility and authority. c. The Contractor shall send, to the Project Manager, details of any accident as soon as practicable after its occurrence. The Contractor shall maintain records and make reports concerning health, safety and welfare of persons, and damage to property, as the Project Manager may reasonably require. In the event of the death of any of the Contractor s personnel or accompanying members of their families, the Contractor shall be responsible for making the appropriate arrangements for their return or burial, unless otherwise specified in the SCC Complied With: Partially Complied with: The contractor has not ensured the availability of the ambulance, sick bay, medical staff at site. Complied with: The contractor needs to ensure the availability of medical staffs, sick bay and ambulance at all times at the Site and same is notified to the contractor. Decentralized Rural Infrastructure and Livelihood Project-Additional Financing 19

23 Record of the Contractor s Personnel Supply of Foodstuffs Supply of Water Measures against Insect and Pest Nuisance Alcoholic Liquor or Drugs Arms and Ammunition Prohibition of All Forms of Forced or Compulsory The Contractor shall keep accurate records of the Contractor s personnel on the Site and the names, ages, genders, hours worked and wages paid to all workers. These records shall be summarized on a monthly basis in a form approved by the Project Manager and shall be available for inspection by the Project Manager. Until the Contractor has completed all work. The Contractor shall arrange for the provision of a sufficient supply of suitable food as may be stated in the Specification at reasonable prices for the Contractor s Personnel for the purposes of or in connection with Contract. The Contractor shall, having regard to local conditions, provide on the Site an adequate supply of drinking and other water for the use of the Contractor s Personnel. The Contractor shall at all times take the necessary precautions to protect the Contractor s Personnel employed on the Site from insect and pest nuisance, and to reduce their danger to health. The Contractor shall comply with all the regulations of the local health authorities, including use of appropriate insecticide. The Contractor shall not, otherwise than in accordance with the Laws of the Country, import, sell, give barter or otherwise dispose of any alcoholic liquor or drugs, or permit or allow importation, sale, gift barter or disposal by Contractor s Personnel. The Contractor shall not give, barter or otherwise dispose of, of any person, any arms or ammunition of any kind, or allow Contractor s Personnel to do so. The Contractor shall not employ forced or compulsory labor in any form Forced or compulsory labor consists of all work or service, not voluntarily performed, that is extracted from an individual under threat of force or penalty. Partially Complied With: only record of name and position are kept. Comply with: Complied with: Supply of drinking water is adequate however, the water quality is not good. Complied with: Complied with: Complied with: Complied with: The contractor shall keep accurate records of the contractor s personnel on the site and the Names, ages, genders, working hours and wages paid to all workers. And same is notified to the contractor time and again. The contractor needs to provide pure drinking water and same is notified verbally to the contractor. Decentralized Rural Infrastructure and Livelihood Project-Additional Financing 20

24 Prohibition or Harmful Child 33. Loss of or Damage to Property; Accident or injury to Workers; Indemnification: 34. Insurance 34.1 (c)third Party Liability Insurance: 34.1 (e) Workers Compensation: The Contractor shall not employ any child to perform any work that is economically exploitative, or is likely to be hazardous to, or to interfere with, the child s education, or to be harmful to the child s health or physical, mental, Spiritual, moral, or social development. Subject to GCC Sub-Clause 33.3, the Contractor shall indemnify and hold harmless the Employer and its employees and officers from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of whatsoever nature, including attorney s fees and expenses, in respect of the death or injury of any person or loss of or damage to any property other than the Facilities whether accepted or not, arising in connection with the supply and installation of the Facilities and by reason of the negligence of the Contractor or its Subcontractors, or their employees, officers or agents, except any injury, death or property damage caused by the negligence of the Employer, its contractors, employees, officers or agents. Covering bodily injury or death suffered by third parties including the Employer s personnel, and loss of or damage to property occurring in connection with the supply and installation of the Facilities. In accordance with the statutory requirements applicable in any country where the Contract or any part thereof is executed. Complied with: Decentralized Rural Infrastructure and Livelihood Project-Additional Financing 21

25 Annex 4: Tree Counting Summary Sheet of Myagdi District of Kali Gandaki Corridor (Dana-Kushma) 220kV TL Project SN Name of Sub Project (TL) Project District Tree Counting Status Remarks 1 Dana-Kusma 220 kv Line Myagdi Completed Tree Clearance and Parbat Completed Government Land 2 Marshyangdi-Kathmandu 220 kv Tanahu Completed Acquisition process is Chitwan Completed under review at Gorkha Completed Department of Forest Dhading Completed Kathmandu Completed 3 Samundratar-Trishuli 3B Hub 132 kv Nuwakot Completed Decentralized Rural Infrastructure and Livelihood Project-Additional Financing 22

26 Annex-5 Decentralized Rural Infrastructure and Livelihood Project-Additional Financing 23

27 Annex 6: Photographs Plate 1: Excavation work at tower no. 8/1 of Marsyangdi-Kathmandu 220kV TLP; workers without safety gears Plate 2: Meeting with affected people at AP2 of Kali Gandaki Corridor (Dana-Kushma) TL Project Plate 3: Interaction with local people at Marki Chowk Plate 4: RCC activities at Khurkot Substation Decentralized Rural Infrastructure and Livelihood Project-Additional Financing 24

28 Plate 5: Orientation related to Environment and Social Safeguard Issues with ESMU at Galeshowr, Myagdi Plate 6: Orientation related to Environment and Social Safeguard Issues with ESMU at Galeshowr, Myagdi Decentralized Rural Infrastructure and Livelihood Project-Additional Financing 25