Professional Documents
Culture Documents
Bidding Document
for
Procurement
of
Works of
This Bidding Document for the Procurement of Works has been prepared by Local Self Government Department,
Government of Rajasthan and is based on the Standard Bidding Document for the Procurement of Works–Small
Contracts (SBD Works-Small) issued by the Asian Development Bank dated [insert date of issue].
ADB’s SBD Works-Small has the structure and the provisions of the Master Procurement Document entitled
“Bidding Documents for the Procurement of Works–Small Contracts”, prepared by multilateral development
banks and other public international financial institutions except where ADB-specific considerations have
required a change.
Table of Contents - Summary Description
PART II REQUIREMENTS
Section 6 - Employer’s Requirements (ERQ) ------------------------------------------ 6-1
This section contains the Specification, Drawings, Supplementary Information that describe the
Works to be procured, Personnel Requirements, and Equipment Requirements.
A. General .........................................................................................................................................1-3
1. Scope of Bid ............................................................................................................................1-3
2. Source of Funds ......................................................................................................................1-3
3. Fraud and Corruption ..............................................................................................................1-3
4. Eligible Bidders .......................................................................................................................1-6
5. Eligible Materials, Equipment, and Services ...........................................................................1-7
A. General
1. Scope of Bid 1.1 In connection with the Invitation for Bids (IFB) indicated in the Bid Data
Sheet (BDS), the Employer, as indicated in the BDS, issues this
Bidding Document for the procurement of the Works as specified in
Section 6 (Employer’s Requirements). The name, identification, and
number of contracts of this bidding are provided in the BDS.
1.2 Throughout this Bidding Document,
(a) the term “in writing” means communicated in written form and
delivered against receipt;
(b) except where the context requires otherwise, words indicating the
singular also include the plural and words indicating the plural also
include the singular; and
(c) “day” means calendar day.
2. Source of Funds 2.1 The Borrower or Recipient (hereinafter called “Borrower”) indicated in
the BDS has applied for or received financing (hereinafter called
“funds”) from the Asian Development Bank (hereinafter called “ADB”)
toward the cost of the project named in the BDS. The Borrower intends
to apply a portion of the funds to eligible payments under the
contract(s) for which this Bidding Document is issued.
2.2 Payments by ADB will be made only at the request of the Borrower
and upon approval by ADB in accordance with the terms and
conditions of the Financing Agreement between the Borrower and ADB
(hereinafter called “Financing Agreement”), and will be subject in all
respects to the terms and conditions of that Financing Agreement. No
party other than the Borrower shall derive any rights from the
Financing Agreement or have any claim to the funds.
1
Whether as a Contractor, Subcontractor, Consultant, Manufacturer or Supplier, or Service Provider; or in any other capacity
(different names are used depending on the particular Bidding Document).
3.3 All Bidders, consultants, contractors and suppliers shall require their
officers, directors, employees, personnel, agents to ensure that, in its
contracts with its sub consultants, Subcontractors and other third
parties engaged or involved in ADB-related activities, such sub
consultants, Subcontractors and other third parties similarly are obliged
to cooperate fully in any investigation when requested by ADB to do
so.
3.4 The Employer hereby puts the Bidder on notice that the Bidder or any
Joint Venture partner of the Bidder (if any) may not be able to receive
any payments under the Contract if the Bidder or any of its Joint
Venture partners, as appropriate, is, or is owned (in whole or in part)
by a person or entity subject to applicable sanctions.
4. Eligible Bidders 4.1 A Bidder may be a natural person, private entity, or government-owned
enterprise subject to ITB 4.5 – or any combination of them with a
formal intent to enter into an agreement or under an existing
agreement in the form of a Joint Venture. In the case of a Joint
Venture:
(a) all partners shall be jointly and severally liable; and
(b) the Joint Venture shall nominate a Representative who shall have
the authority to conduct all business for and on behalf of any and
all the parties of the Joint Venture during the bidding process and,
in the event the Joint Venture is awarded the Contract, during
contract execution.
4.2 A Bidder, and all parties constituting the Bidder, shall have the
nationality of an eligible country, in accordance with Section 5 (Eligible
Countries). A Bidder shall be deemed to have the nationality of a
country if the Bidder is a citizen or is constituted, incorporated, or
registered, and operates in conformity with the provisions of the laws of
that country. This criterion shall also apply to the determination of the
nationality of proposed Subcontractors or Suppliers for any part of the
Contract including related services.
4.3 A Bidder shall not have a conflict of interest. All Bidders found to have
a conflict of interest shall be disqualified. A Bidder may be considered
to be in a conflict of interest with one or more parties in this bidding
process if any of, including but not limited to, the following apply:
(a) they have controlling shareholders in common; or
(b) they receive or have received any direct or indirect subsidy from
any of them; or
(c) they have the same legal representative for purposes of this bid; or
(d) they have a relationship with each other, directly or through
common third parties, that puts them in a position to have access
to material information about or improperly influence the Bid of
another Bidder, or influence the decisions of the Employer
regarding this bidding process; or
(e) a Bidder participates in more than one bid in this bidding process,
either individually or as a partner in a Joint Venture, except for
alternative offers permitted under ITB 13 of the Bidding Document.
This will result in the disqualification of all Bids in which it is
involved. However, subject to any finding of a conflict of interest in
terms of ITB 4.3 (a)-(d) above, this does not limit the participation
of a Bidder as a Subcontractor in another Bid or of a firm as a
Subcontractor in more than one Bid; or
(f) a Bidder, Joint Venture partner, associates, parent company, or
any affiliated entity, participated as a Consultant in the preparation
of the design or technical specifications of the works that are the
subject of the Bid; or
(g) a Bidder was affiliated with a firm or entity that has been hired (or
is proposed to be hired) by the Employer or Borrower as Engineer
for the contract; or
4.6 A Bidder shall not be under suspension from Bidding by the Employer
as the result of the execution of a Bid–Securing Declaration.
5. Eligible Materials, 5.1 The materials, equipment, and services to be supplied under the
Equipment and Contract shall have their origin in eligible source countries as defined
Services in ITB 4.2 above and all expenditures under the Contract will be limited
to such materials, equipment, and services. At the Employer’s request,
Bidders may be required to provide evidence of the origin of materials,
equipment, and services.
5.2 For purposes of ITB 5.1 above, “origin” means the place where the
materials and equipment are mined, grown, produced, or
manufactured, and from which the services are provided. Materials
and equipment are produced when, through manufacturing,
processing, or substantial or major assembling of components, a
commercially recognized product results that differs substantially in its
basic characteristics or in purpose or utility from its components.
6. Sections of 6.1 The Bidding Document consists of Parts I, II, and III, which include all
Bidding Document the sections indicated below, and should be read in conjunction with
any addenda issued in accordance with ITB 8.
PART I Bidding Procedures
Section 1 Instructions to Bidders (ITB)
Section 2 Bid Data Sheet (BDS)
Section 3 Evaluation and Qualification Criteria (EQC)
Section 4 Bidding Forms (BDF)
Section 5 Eligible Countries (ELC)
PART II Requirements
Section 6 Employer’s Requirements (ERQ)
7.2 The Bidder is advised to visit and examine the Site of Works and its
surroundings and obtain for itself, on its own risk and responsibility, all
information that may be necessary for preparing the Bid and entering
into a contract for construction of the Works. The costs of visiting the
Site shall be at the Bidder’s own expense.
7.3 The Bidder and any of its personnel or agents will be granted
permission by the Employer to enter its premises and lands for the
purpose of such visit, but only upon the express condition that the
Bidder, its personnel, and agents will release and indemnify the
Employer and its personnel and agents from and against all liability in
respect thereof, and will be responsible for death or personal injury,
loss of or damage to property, and any other loss, damage, costs, and
expenses incurred as a result of the inspection.
7.4 The Bidder’s designated representative is invited to attend a pre-bid
meeting, if provided for in the BDS. The purpose of the meeting will be
to clarify issues and to answer questions on any matter that may be
raised at that stage.
7.5 The Bidder is requested to submit any questions in writing, to reach the
Employer not later than 1 week before the meeting.
7.6 Minutes of the pre-bid meeting, including the text of the questions
raised, without identifying the source, and the responses given,
together with any responses prepared after the meeting, will be
transmitted promptly to all Bidders who have acquired the Bidding
Document in accordance with ITB 6.3. Any modification to the Bidding
Document that may become necessary as a result of the pre-bid
meeting shall be made by the Employer exclusively through the issue
of an addendum pursuant to ITB 8 and not through the minutes of the
pre-bid meeting.
8. Amendment of 8.1 At any time prior to the deadline for submission of Bids, the Employer
Bidding Document may amend the Bidding Document by issuing addenda.
8.2 Any addendum issued shall be part of the Bidding Document and shall
be communicated in writing to all who have obtained the Bidding
Document from the Employer in accordance with ITB 6.3.
8.3 To give prospective Bidders reasonable time in which to take an
addendum into account in preparing their Bids, the Employer may, at
its discretion, extend the deadline for the submission of Bids, pursuant
to ITB 22.2.
C. Preparation of Bids
9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with the preparation and
submission of its Bid, and the Employer shall in no case be
responsible or liable for those costs, regardless of the conduct or
outcome of the bidding process.
10. Language of Bid 10.1 The Bid, as well as all correspondence and documents relating to the
bid exchanged by the Bidder and the Employer, shall be written in the
language specified in the BDS. Supporting documents and printed
literature that are part of the Bid may be in another language provided
they are accompanied by an accurate translation of the relevant
passages in the language specified in the BDS, in which case, for
purposes of interpretation of the Bid, such translation shall govern.
11. Documents 11.1 The Bid shall comprise two envelopes submitted simultaneously, one
Comprising the called the Technical Bid containing the documents listed in ITB 11.2
Bid and the other the Price Bid containing the documents listed in ITB 11.3,
both envelopes enclosed together in an outer single envelope.
12. Letters of Bid and 12.1 The Letters of Technical Bid and Price Bid, and the Schedules, and all
Schedules documents listed under Clause 11, shall be prepared using the
relevant forms furnished in Section 4 (Bidding Forms). The forms must
be completed without any alterations to the text, and no substitutes
shall be accepted. All blank spaces shall be filled in with the
information requested and as required in the BDS.
13. Alternative Bids 13.1 Unless otherwise indicated in the BDS, alternative Bids shall not be
considered.
13.2 When alternative times for completion are explicitly invited, a statement
to that effect will be included in the BDS, as will the method of
evaluating different times for completion.
13.3 When specified in the BDS pursuant to ITB 13.1, and subject to ITB
13.4 below, Bidders wishing to offer technical alternatives to the
requirements of the Bidding Document must first price the Employer’s
design as described in the Bidding Document and shall further provide
all information necessary for a complete evaluation of the alternative
by the Employer, including drawings, design calculations, technical
specifications, breakdown of prices, and proposed construction
methodology and other relevant details. Only the technical alternatives,
if any, of the lowest evaluated Bidder conforming to the basic technical
requirements shall be considered by the Employer.
13.4 When specified in the BDS, Bidders are permitted to submit alternative
technical solutions for specified parts of the Works. Such parts will be
identified in the BDS and described in Section 6 (Employer’s
Requirements). The method for their evaluation will be stipulated in
Section 3 (Evaluation and Qualification Criteria).
14. Bid Prices and 14.1 The prices and discounts quoted by the Bidder in the Letter of Price
Discounts Bid and in the Schedules shall conform to the requirements specified
below.
14.2 The Bidder shall submit a bid for the whole of the works described in
ITB 1.1 by filling in prices for all items of the Works, as identified in
Section 4 (Bidding Forms). In case of admeasurement contracts, the
Bidder shall fill in rates and prices for all items of the Works described
in the Bill of Quantities. Items against which no rate or price is entered
by the Bidder will not be paid for by the Employer when executed and
shall be deemed covered by the rates for other items and prices in the
Bill of Quantities. Unit rates and prices for all items of the Works
described in the Bill of Quantities shall be expressed in positive values.
If unit rates and prices are expressed in negative values, the bid will be
rejected.
14.3 The price to be quoted in the Letter of Price Bid shall be the total price
of the Bid, excluding any discounts offered. Absence of the total bid
price in the Letter of Price Bid may result in the rejection of the Bid.
14.4 The Bidder shall quote any discounts and the methodology for their
application in the Letter of Price Bid, in accordance with ITB 12.1.
14.5 The prices shall be either fixed or adjustable as specified in the BDS.
(a) In the case of Fixed Price, prices quoted by the Bidder shall be
fixed during the Bidder’s performance of the contract and not
subject to variation on any account. A Bid submitted with an
adjustable price will be treated as nonresponsive and rejected.
(b) In the case of Adjustable Price, prices quoted by the Bidder shall
be subject to adjustment during performance of the contract to
14.6 If so indicated in ITB 1.1, bids are being invited for individual contracts
or for any combination of contracts (packages). Bidders wishing to
offer any price reduction for the award of more than one Contract shall
specify in their bid the price reductions applicable to each package, or
alternatively, to individual Contracts within the package. Price
reductions or discounts shall be submitted in accordance with ITB
14.4, provided the Bids for all contracts are submitted and opened at
the same time.
14.7 All duties, taxes, and other levies payable by the Contractor under the
Contract, or for any other cause, as of the date 28 days prior to the
deadline for submission of bids, shall be included in the rates and
prices and the total Bid Price submitted by the Bidder.
15. Currencies of Bid 15.1 The currency(ies) of the Bid and payment shall be as specified in the
and Payment BDS.
16. Documents 16.1 The Bidder shall furnish a Technical Proposal including a statement of
Comprising the work methods, equipment, personnel, schedule, environmental, health
Technical and safety (EHS) management plan commensurate with the proposed
Proposal scope of works, EHS Code of Conduct, and any other information as
stipulated in Section 4 (Bidding Forms), in sufficient detail to
demonstrate the adequacy of the Bidders’ proposal to meet the work
requirements and the completion time.
17. Documents 17.1 To establish its qualifications to perform the Contract in accordance
Establishing the with Section 3 (Evaluation and Qualification Criteria) the Bidder shall
Qualifications of provide the information requested in the corresponding information
the Bidder sheets included in Section 4 (Bidding Forms).
18. Period of Validity 18.1 Bids shall remain valid for the bid validity period specified in the BDS.
of Bids The bid validity period starts from the date fixed for the bid submission
19. Bid Security/Bid- 19.1 Unless otherwise specified in the BDS, the Bidder shall furnish as part
Securing of its Bid, in original form, either a Bid-Securing Declaration or a bid
Declaration security as specified in the BDS. In the case of a bid security, the
amount and currency shall be as specified in the BDS.
19.3 If a bid security is specified pursuant to ITB 19.1, the bid security shall
be, at the Bidder’s option, in any of the following forms:
(a) an unconditional bank guarantee (hard copy of the bank guarantee
or in the form of SWIFT message MT760), or
(b) an irrevocable letter of credit, or
(c) a cashier’s or certified check.
all from a reputable bank from an eligible country as described in
Section 5 (Eligible Countries). In the case of a bank guarantee, the bid
security shall be submitted either using the Bid Security Form included
in Section 4 (Bidding Forms) or another form acceptable to the
Employer. The form must include the complete name of the Bidder.
The bid security shall be valid for 28 days beyond the original validity
period of the bid, or beyond any period of extension if requested under
ITB 18.2.
19.4 Unless otherwise specified in the BDS, any Bid not accompanied by a
substantially compliant bid security or Bid-Securing Declaration, if one
is required in accordance with ITB 19.1, shall be rejected by the
Employer as nonresponsive.
19.5 If a bid security is specified pursuant to ITB 19.1, the bid security of
substantially nonresponsive Technical Bids shall be returned before
opening the Price Bids. The bid security of unsuccessful Bidders at
Price Bid evaluation shall be returned promptly upon the successful
Bidder’s furnishing of the performance security pursuant to ITB 45.
19.6 If a bid security is specified pursuant to ITB 19.1, the bid security of the
successful Bidder shall be returned promptly once the successful
Bidder has signed the Contract and furnished the required
performance security.
19.8 If the bid security is required as per ITB 19.1, the bid security of a Joint
Venture shall be in the name of the Joint Venture that submits the Bid.
If the Joint Venture has not been legally constituted at the time of
bidding, the bid security shall be in the name of any or all of the Joint
Venture partners. If the Bid-Securing Declaration is required as per ITB
19.1, the Bid-Securing Declaration of a Joint Venture shall be in the
name of the Joint Venture that submits the Bid. If the Joint Venture has
not been legally constituted at the time of bidding, the Bid-Securing
Declaration shall be in the names of all future partners as named in the
letter of intent mentioned in ITB 4.1.
20. Format and 20.1 The Bidder shall prepare one original set of the Technical Bid and one
Signing of Bid original of the Price Bid comprising the Bid as described in ITB 11 and
clearly mark it “ORIGINAL - TECHNICAL BID” and “ORIGINAL -
PRICE BID.” Alternative Bids, if permitted in accordance with ITB 13,
shall be clearly marked “ALTERNATIVE.” In addition, the Bidder shall
submit copies of the Bid in the number specified in the BDS, and
clearly mark each of them “COPY.” In the event of any discrepancy
between the original and the copies, the original shall prevail.
20.2 The original and all copies of the Bid shall be typed or written in
indelible ink and shall be signed by a person duly authorized to sign on
behalf of the Bidder. This authorization shall consist of a written
confirmation as specified in the BDS and shall be attached to the Bid.
The name and position held by each person signing the authorization
must be typed or printed below the signature. If a Bidder submits a
deficient authorization, the Bid shall not be rejected in the first
instance. The Employer shall request the Bidder to submit an
acceptable authorization within the number of days as specified in the
BDS. Failure to provide an acceptable authorization within the period
stated in the Employer’s request shall cause the rejection of the Bid. If
either the Letter of Technical Bid or Letter of Price Bid or the Bid-
Securing Declaration (if applicable) is not signed, the Bid shall be
rejected.
21. Sealing and 21.1 Bidders shall submit their Bids as specified in the BDS. Procedures for
Marking of Bids submission, sealing, and marking are as follows:
(a) Bidders submitting Bids by mail or by hand shall enclose the
original of the Technical Bid, the original of the Price Bid, and
each copy of the Technical Bid and each copy of the Price Bid, in
separate sealed envelopes, duly marking the envelopes as
“ORIGINAL - TECHNICAL BID,” “ORIGINAL - PRICE BID,” and
“COPY NO… - TECHNICAL BID,” and “COPY NO…. - PRICE
BID.” These envelopes, the first containing the originals and the
others containing copies, shall then be enclosed in one single
envelope per set. If permitted in accordance with ITB 13,
alternative Bids shall be similarly sealed, marked and included in
the sets. The rest of the procedure shall be in accordance with
ITB 21.2 and ITB 21.3.
(b) Bidders submitting Bids electronically shall follow the electronic
bid submission procedures specified in the BDS.
21.3 The outer envelopes and the inner envelopes containing the Technical
Bid shall bear a warning not to open before the time and date for the
opening of Technical Bid, in accordance with ITB 25.1.
21.4 The inner envelopes containing the Price Bid shall bear a warning not
to open until advised by the Employer in accordance with ITB 25.7.
21.5 If all envelopes are not sealed and marked as required, the Employer
will assume no responsibility for the misplacement or premature
opening of the Bid.
22. Deadline for 22.1 Bids must be received by the Employer at the address and no later
Submission of than the date and time indicated in the BDS.
Bids
22.2 The Employer may, at its discretion, extend the deadline for the
submission of Bids by amending the Bidding Document in accordance
with ITB 8, in which case all rights and obligations of the Employer and
Bidders previously subject to the deadline shall thereafter be subject to
the deadline as extended.
23. Late Bids 23.1 The Employer shall not consider any Bid that arrives after the deadline
for submission of bids, in accordance with ITB 22. Any Bid received by
the Employer after the deadline for submission of Bids shall be
declared late, rejected, and returned unopened to the Bidder.
24. Withdrawal, 24.1 A Bidder may withdraw, substitute, or modify its Bid – Technical or
Substitution, and Price – after it has been submitted by sending a written notice, duly
Modification of signed by an authorized representative, and shall include a copy of the
Bids authorization in accordance with ITB 20.2 (except for withdrawal
notices, which do not require copies). The corresponding substitution
or modification of the Bid must accompany the respective written
notice. All notices must be
(a) prepared and submitted in accordance with ITB 20 and ITB 21
(except for withdrawal notices, which do not require copies), and in
addition, the respective envelopes shall be clearly marked
“WITHDRAWAL,” “SUBSTITUTION,” “MODIFICATION;” and
(b) received by the Employer prior to the deadline prescribed for
submission of Bids, in accordance with ITB 22.
25. Bid Opening 25.1 The Employer shall open the Technical Bids in public at the address,
on the date, and time specified in the BDS in the presence of Bidders`
designated representatives and anyone who choose to attend. Any
specific electronic bid opening procedures required if electronic bidding
is permitted in accordance with ITB 21.1, shall be as specified in the
BDS. The Price Bids will remain unopened and will be held in custody
of the Employer until the specified time of their opening. If the
Technical Bid and Price Bid are submitted together in one envelope,
the Employer may reject the entire Bid. Alternatively, the Price Bid may
be immediately resealed for later evaluation.
25.5 All other envelopes holding the Technical Bids shall be opened one at
a time, and the following read out and recorded:
(a) the name of the Bidder;
(b) whether there is a modification or substitution;
(c) the presence of a bid security or a Bid-Securing Declaration, if
required; and
(d) any other details as the Employer may consider appropriate.
Only Technical Bids and alternative Technical Bids read out and
recorded at bid opening shall be considered for evaluation. Unless
otherwise specified in the BDS, all pages of the Letter of Technical Bid are
to be initialed by at least three representatives of the Employer attending
the bid opening. No Bid shall be rejected at the opening of Technical
Bids except for late bids, in accordance with ITB 23.1.
25.6 The Employer shall prepare a record of the opening of Technical Bids
that shall include, as a minimum, the name of the Bidder and whether
there is a withdrawal, substitution, or modification; alternative
proposals; and the presence or absence of a bid security or a Bid-
Securing Declaration, if one was required. The Bidders’
representatives who are present shall be requested to sign the record.
The omission of a Bidder’s signature on the record shall not invalidate
the contents and effect of the record. A copy of the record shall be
distributed to all Bidders who submitted Bids on time, and posted
online when electronic bidding is permitted.
25.7 At the end of the evaluation of the Technical Bids, the Employer will
invite bidders who have submitted substantially responsive Technical
Bids and who have been determined as being qualified for award to
attend the opening of the Price Bids. The date, time, and location of
the opening of Price Bids will be advised in writing by the Employer.
Bidders shall be given reasonable notice for the opening of Price Bids.
25.8 The Employer will notify in writing Bidders who have been rejected for
submitting nonresponsive Technical Bids and return their Price Bids
unopened together with their bid securities, before opening the Price
Bids of the substantially responsive Bidders.
25.9 The Employer shall conduct the opening of Price Bids of all Bidders
who submitted substantially responsive Technical Bids, in the
presence of Bidders` representatives who choose to attend at the
address, on the date, and time specified by the Employer. The
Bidder’s representatives who are present shall be requested to sign a
register evidencing their attendance.
25.10 All envelopes containing Price Bids shall be opened one at a time and
the following read out and recorded:
(a) the name of the Bidder;
25.11 The Employer shall prepare a record of the opening of Price Bids that
shall include, as a minimum, the name of the Bidder, the Bid Price
(per lot if applicable), any discounts, and alternative offers. The
Bidders’ representatives who are present shall be requested to sign
the record. The omission of a Bidder’s signature on the record shall
not invalidate the contents and effect of the record. A copy of the
record shall be distributed to all Bidders who submitted Bids on time,
and posted online when electronic bidding is permitted.
26. Confidentiality 26.1 Information relating to the examination, evaluation, comparison, and
postqualification of Bids and recommendation of contract award, shall
not be disclosed to Bidders or any other persons not officially
concerned with such process until on the publication of Contract
award.
26.3 Notwithstanding ITB 26.2, from the time of bid opening to the time of
Contract award, if any Bidder wishes to contact the Employer on any
matter related to the bidding process, it may do so in writing.
27. Clarification of 27.1 To assist in the examination, evaluation, and comparison of the
Bids Technical and Price Bids, the Employer may, at its discretion, ask any
Bidder for a clarification of its Bid. Any clarification submitted by a
Bidder that is not in response to a request by the Employer shall not be
considered. The Employer’s request for clarification and the response
shall be in writing. No change in the substance of the Technical Bid or
prices in the Price Bid shall be sought, offered, or permitted, except to
confirm the correction of arithmetic errors discovered by the Employer
in the evaluation of the Price Bids, in accordance with ITB 33.
27.2 If a Bidder does not provide clarifications of its Bid by the date and time
set in the Employer’s request for clarification, its Bid may be rejected.
28. Deviations, 28.1 During the evaluation of bids, the following definitions apply:
Reservations, and
(a) “Deviation” is a departure from the requirements specified in the
Omissions
Bidding Document;
(b) “Reservation” is the setting of limiting conditions or withholding
29. Examination 29.1 The Employer shall examine the Technical Bid to confirm that all
of Technical Bids documents and technical documentation requested in ITB 11.2 have
been provided, and to determine the completeness of each document
submitted.
29.2 The Employer shall confirm that the following documents and
information have been provided in the Technical Bid. If any of these
documents or information is missing, the offer shall be rejected.
(a) Letter of Technical Bid;
(b) written confirmation of authorization to commit the Bidder;
(c) Bid Security or Bid-Securing Declaration, if applicable; and
(d) Technical Proposal in accordance with ITB 16.
30.3 The Employer shall examine the technical aspects of the Bid submitted
in accordance with ITB 16, Technical Proposal, in particular, to confirm
that all requirements of Section 6 (Employer’s Requirements) have
been met without any material deviation, reservation, or omission.
31. Nonmaterial 31.1 Provided that a Bid is substantially responsive, the Employer may
Nonconformities waive any nonconformities in the Bid that do not constitute a material
deviation, reservation, or omission.
32. Qualification of 32.1 The Employer shall determine to its satisfaction during the evaluation
the Bidder of Technical Bids whether Bidders meet the qualifying criteria specified
in Section 3 (Evaluation and Qualification Criteria).
33. Subcontractors 33.1 Unless otherwise stated in the BDS, the Employer does not intend for
the contractor to execute any specific elements of the Works through
nominated subcontractors.
33.2 If Subcontractors are proposed for any of the key activities listed in
Section 3 (Evaluation and Qualification) Criteria 2.4.2, they shall be
considered as “Specialist Subcontractors” and shall meet qualification
requirements for the relevant key activities.
34. Correction of 34.1 During the evaluation of Price Bids, the Employer shall correct
Arithmetical arithmetical errors on the following basis:
Errors
(a) Only for admeasurement contracts, if there is a discrepancy
between the unit price and the total price that is obtained by
multiplying the unit price and quantity, the unit price shall prevail
and the total price shall be corrected, unless in the opinion of the
Employer there is an obvious misplacement of the decimal point in
the unit price, in which case the total price as quoted shall govern
and the unit price shall be corrected.
(b) If there is an error in a total corresponding to the addition or
subtraction of subtotals, the subtotals shall prevail and the total
shall be corrected.
(c) If there is a discrepancy between the bid price in the Summary of
Bill of Quantities and the bid amount in item (c) of the Letter of
Price Bid, the bid price in the Summary of Bill of Quantities will
prevail and the bid amount in item (c) of the Letter of Price Bid will
be corrected.
(d) If there is a discrepancy between words and figures, the amount in
words shall prevail, unless the amount expressed in words is
related to an arithmetic error, in which case the amount in figures
shall prevail subject to (a), (b) and (c) above.
34.2 If the Bidder that submitted the lowest evaluated bid does not accept
the correction of errors, its Bid shall be disqualified and its bid security
may be forfeited or its Bid-Securing Declaration executed.
35. Conversion to 35.1 For evaluation and comparison purposes, the currency(ies) of the Bid
Single Currency shall be converted into a single currency as specified in the BDS.
36. Domestic 36.1 Unless otherwise specified in the BDS, domestic preference shall not
Preference apply.
37. Evaluation and 37.1 The Employer shall use the criteria and methodologies listed in this
Comparison of Clause. No other evaluation criteria or methodologies shall be
Price Bids permitted.
37.2 To evaluate the Price Bid, the Employer shall consider the following:
(a) the bid price, excluding Provisional Sums and the provision, if any,
for contingencies in the Summary Bill of Quantities for
admeasurement contracts, or Schedule of Prices for lump sum
contracts, but including Daywork items, where priced competitively;
(b) price adjustment for correction of arithmetic errors in accordance
with ITB 34.1;
(c) price adjustment due to discounts offered in accordance with ITB
14.4;
(d) converting the amount resulting from applying (a) to (c) above, if
relevant, to a single currency in accordance with ITB 35;
(e) adjustment for nonmaterial nonconformities in accordance with ITB
31.3;
(f) assessment whether the bid is abnormally low in accordance with
ITB 38; and
(g) application of all the evaluation factors indicated in Section 3
(Evaluation and Qualification Criteria).
37.4 If this Bidding Document allows Bidders to quote separate prices for
different contracts, and to award multiple contracts to a single Bidder,
the methodology to determine the lowest evaluated price of the
contract combinations, including any discounts offered in the Letter of
Price Bid, is specified in Section 3 (Evaluation and Qualification
Criteria).
38. Abnormally Low 38.1 An abnormally low bid is one where the bid price, in combination with
Bids other elements of the bid, appears to be so low that it raises concerns as
to the capability of the Bidder to perform the contract for the offered bid
price.
38.2 When the offered bid price appears to be abnormally low, the
Employer shall undertake a three-step review process as follows:
(a) identify abnormally low costs and unit rates by comparing them
with the engineer’s estimates, other substantially responsive bids,
or recently awarded similar contracts;
(b) clarify and analyze the bidder’s resource inputs and pricing,
including overheads, contingencies and profit margins; and
(c) decide whether to accept or reject the bid.
38.3 With regard to ITB 38.2 (b) above, the Employer will seek a written
explanation from the bidder of the reasons for the offered bid price,
including a detailed analysis of costs and unit prices, by reference to
the scope, proposed methodology, schedule, and allocation of risks
and responsibilities. This may also include information regarding the
economy of the manufacturing process; the services to be provided, or
the construction method to be used; the technical solutions to be
adopted; and any exceptionally favorable conditions available to the
bidder for the works, equipment or services proposed.
38.4 After examining the explanation given and the detailed the price
analyses presented by the bidder, the Employer may:
(a) accept the bid, if the evidence provided satisfactorily accounts for
the low bid price and costs, in which case the bid is not considered
abnormally low;
(b) accept the bid, but require that the amount of the performance
security be increased at the expense of the bidder to a level
sufficient to protect the Employer against financial loss. The
amount of the performance security shall generally be not more
than 20% of the contract price; or
(c) reject the bid if the evidence provided does not satisfactorily
account for the low bid price, and make a similar determination for
the next ranked bid, if required.
39. Unbalanced or 39.1 If the Bid, which results in the lowest evaluated Bid Price, is seriously
Front-Loaded Bids unbalanced or front-loaded in the opinion of the Employer, the
Employer may require the Bidder to produce detailed price analyses
for any or all items of the Bill of Quantities, to demonstrate the internal
consistency of those prices with the construction methods and
schedule proposed, as well as the pricing and sources of materials,
equipment and labor.
39.2 After the evaluation of the information and detailed price analyses
40. Employer’s Right 40.1 The Employer reserves the right to accept or reject any Bid, and to
to Accept Any Bid, annul the bidding process and reject all Bids at any time prior to
and to Reject Any contract award, without thereby incurring any liability to Bidders. In
or All Bids case of annulment, all Bids submitted and specifically, bid securities,
shall be promptly returned to the Bidders.
41. Notice of Intention 41.1 If Standstill provisions apply as specified in the BDS, the standstill
for Award of period shall be defined in the BDS to specify the duration subsequent
Contract to notification of intention for award of contract (before making the
actual contract award) within which any unsuccessful bidder can
challenge the proposed award.
F. Award of Contract
42. Award Criteria 42.1 The Employer shall award the Contract to the Bidder whose offer has
been determined in line with ITB 35 to ITB 37 above to be the lowest
evaluated Bid and is substantially responsive to the Bidding Document,
provided further that the Bidder is determined to be qualified to perform
the Contract satisfactorily.
43. Notification of 43.1 Prior to the expiration of the period of bid validity and upon expiry of
Award the standstill period specified in ITB 40.1, or upon satisfactory
resolution of a complaint filed within standstill period, if applicable, the
Employer shall transmit the Notification of Award through issuance of
Letter of Acceptance using the form included in Section 9 (Contract
Forms) to the successful Bidder, in writing, that its Bid has been
accepted. At the same time, the Employer shall also notify all other
Bidders of the results of the bidding.
44. Signing of 44.1 Promptly after notification, the Employer shall send the successful
Contract Bidder the Contract Agreement.
45. Performance 45.1 Within 28 days of the receipt of notification of award through issuance
Security of Letter of Acceptance from the Employer, the successful Bidder shall
furnish the performance security in accordance with the Conditions of
Contract, subject to ITB 38 and ITB 39, using for that purpose the
Performance Security Form included in Section 9 (Contract Forms), or
another form acceptable to the Employer. If the bank issuing
performance security is located outside the Employer’s country, it shall
be counter-guaranteed or encashable by a bank in the Employer’s
country.
45.3 The above provision shall also apply to the furnishing of a domestic
preference security, if so required.
46. Bidding-Related 46.1 The procedures for dealing with Bidding-Related Complaints arising
Complaints out of this bidding process are specified in the BDS.
A. General
ITB 1.1 The number of the Invitation for Bids (IFB) is: RSTDSP/OCB/NTL/33
ITB 1.1 The Employer is: Executing Agency, the Local Self Government Department
of the State of Rajasthan. The authorized representative of the Employer is
Project Director, Rajasthan Urban Infrastructure Development Project
(RUDSICO-EAP) or its successor agency.
ITB 2.1 The name of the Project is: Rajasthan Secondary Town Development Sector
Project (RSTDSP)- Additional Financing
ITB 7.1 For clarifications, bidder will submit the written queries to RUIDP (RUDSICO-
EAP) through email, fax, and courier or deliver personally. Written response to
queries will be published on e-proc website.
For clarification purposes only, the Employer’s address is:
Attention: Addl. Project Director,
Rajasthan Urban Infrastructure Development Project (RUDSICO-EAP),
AVS Building, 1st Floor, Jawahar Circle,
JLN Marg, Malviya Nagar,
JAIPUR – 302017,
Country: India.
Telephone: +91 141 2548404.
Fax: +91 141 2721919
Bidders are advised to either attend the pre-bid meeting, or to submit their queries
by fax letter to Project Director or by e-mail to mail.ruidp@rajasthan.gov.in or
mailruidp@gmail.com . There will be no online pre-bid meeting.
ITB 7.6 The Employer shall publish the Minutes of the Meeting at the Employer’s tender
The Employer shall publish the Addendum or addenda at the Employer’s website
(e-proc) indicated in ITB 1.2 of the BDS.
The Employer should not be faulted for bidder’s failure to download the
addendum or addenda.
C. Preparation of Bids
ITB 11.2(g) The Bidder shall submit with its Technical Bid the following additional documents)
i) Health and Safety Plan including Health and Safety COVID-19 Plan (HS-C19
Plan)”;
j) Tech-1- Undertaking of no Deviations
k) Tech-2 - Undertaking for deployment of Personnel and Equipment as per
Contract Requirement
l) Tech-3 -SAMPLE/ INDICATIVE Draft Format for Memorandum of
Understanding for JOINT VENTURE
ITB 11.3 (b) In accordance with ITB 12 and ITB 14, the following schedules shall be
submitted with the bid, including the priced Bill of Quantities for admeasurement
contracts and Activity Schedule for lump sum contracts:
None
ITB 11.3 (d) The Bidder shall submit with its Price Bid the following additional documents:
None
ITB 12.1 The letter of Technical Bid, Letter of Price Bid and Bid forms furnished in section
4 shall be downloaded, typed or written in indelible ink, signed by a person duly
authorized to sign on behalf of the Bidder, scan and then uploaded on e-proc
website. The BOQ template must not be modified/replaced by the bidder and the
same should be uploaded after filling the relevant columns, else the bidder is
liable to be rejected for that tender. Bidders are allowed to enter the Bidder Name
and Values only.
ITB 13.4 Alternative technical solutions shall be permitted for the following parts of the
Works: None
ITB 14.5 The Price quoted by the bidder shall be subject to adjustment.
The index and weightings for the price adjustment formulas are provided in
the tables of adjustment data included in Section 4 (Bidding Forms).
ITB 15.1 The unit rate and the prices shall be quoted by the bidder entirely in currency of
the Employer’s country (i.e. Indian Rupees (INR)).
“Technical Proposal shall also include a Health and Safety COVID-19 Plan (HS-
ITB 16.1 C19 Plan) as part of the Health and Safety Plan (H&S Plan) in accordance with
the relevant government regulations and guidelines on COVID-19 prevention and
control at RUIDP website.
https://urban.rajasthan.gov.in/content/dam/raj/udh/organizations/ruidp/CAPP/covi
d-19%20SOP%20of%20RUIDP.pdf
Any bid not accompanied by the HS-C19 Plan shall be rejected by the Employer
as nonresponsive. If a Bidder submits a HS-C19 Plan that does not provide
sufficient information in accordance to the required submission information listed
in the bidding document by the Employer, the Employer shall issue a clarification
to request for further information from the Bidder. The Bidder must submit the
requested information within 5 working days of receiving such a request. Failure
to provide a satisfactory response to the request for further information within the
prescribed period of receiving such a request shall cause the rejection of the bid.
ITB 18.1 The bid validity period shall be 150 (One hundred fifty) days.
ITB 19.1 A bid security shall be required. Bid securing declaration shall not be accepted.
Amount and currency of bid security shall be INR 2.0 million.
ITB 19.4 Subject to the succeeding sentences, any bid not accompanied by an irrevocable
and callable bid security shall be rejected by the Employer as nonresponsive. If a
Bidder submits a bid security that (i) deviates in form, amount, and/or period of
Contract Package: RSTDSP/SGR/CTYBF/01
Section 2: Bid Data Sheet 2-7
validity, or (ii) does not provide sufficient identification of the Bidder, the Employer
shall request the Bidder to submit a compliant bid security within fifteen (15) days
of receiving such a request. Failure to provide a compliant bid security within the
prescribed period of receiving such a request shall cause the rejection of the Bid.
ITB 20.2 The Bidder shall submit an acceptable authorization within 7 days.
Bidders should login to the website using their User ID and password
The Bidders must submit bids online following the instructions appearing on the
screen. Detailed guidelines for e-procurement are also available on the e-
procurement portal on www.eproc.rajasthan.gov.in.
There is no limit on the size of the file uploaded at the server end. However, the
upload is decided on the Memory available at the Client System as well as the
Network bandwidth available at the client side at that point of time. In order to
reduce the file size, bidders are suggested to scan the documents in 75-100 DPI
so that the clarity is maintained and also the size of file also gets reduced. This
will help in quick uploading even at very low bandwidth speeds.
The bidders are advised to download the BOQ excel sheets from the portal and
fill their rates in excel sheet. Bidder shall not modify the BOQ like Item
Description, quantity, etc. and should not rename the excel sheet.
The downloaded Bid forms shall be typed or written in indelible ink and shall
be signed by a person duly authorized to sign on behalf of the Bidder
For documents related to Price Bid, Bidders shall take due precaution to upload
Technical Bid documents and Price Bid documents onto the separate envelopes
defined in the e-procurement website, on or before the deadline for Bid
submission specified in ITB 22.1 of the BDS. (The system will automatically lock
the tender and disallow bid submission after the deadline for submission of bids.)
It is important to note that, the bidder has to Click on the Freeze Bid Button, to
ensure that he/she completes the Bid Submission Process. Bids Which are not
Frozen are considered as Incomplete/Invalid bids and are not considered for
evaluation purposes.
The bidder should see that the bid documents submitted should be free from virus
and if the documents could not be opened, due to virus, during tender opening,
the bid is liable to be rejected.
Bidders shall upload their bids in formats, which can be opened and read by open
standard interfaces.
Bidders shall not lock electronic files uploaded in their proposal with passwords of
their choice. The Employer reserves the right to reject password locked files
outright
Employer shall not accept any responsibility for failures or breakdowns for
systems other than in those systems strictly within the control of Employer and its
e-Procurement service provider. However, a helpline center is provided to help
the bidders by the e-Procurement service provider.
Bidders shall take due care to ensure purchase of Digital Signature Certificates
requisite for tender submission in the e-Procurement portal, availability of internet
connectivity and requisite client software.
(ii) Technical bid shall be submitted in Envelope “A” and Envelope “B” and shall
comprise the following:
Envelope “A” - Bidder shall upload scanned copies of the following:
Letter of Technical Bid
Power of Attorney in original duly attested by Notary. In case of
partnership firm / limited company / group of companies, a power of
attorney for the person authorized to sign shall be issued by all the
partners.
Cost of Bid document- Rs. 10000 to be paid through e-GRAS service
challan (electronic government receipt accounting system website
http://egras.raj.nic.in in favour of 182- Rajasthan Urban Infrastructure
Development Project (RUIDP) by selecting DDO Code- 25872- APO
(Adm), RUSDIP, Location- Jaipur (in the budget head 0075-00-800-52-01
Tender document fees). Bidders are requested to upload scanned bank
received copy as the proof.
Cost of Processing Fees (RISL Charges)- Rs. 1000 to be paid through e-
ITB 23.2 Electronic submission system will automatically lock the tender and disallow bid
submission after the deadline for submission of bids.
ITB 25.1 Delete ITB 25.1, 25.2, 25.3, 25.4 and 25.5 and replace with the following:
1. Only those bids that are marked by the system as submitted, as acknowledged
with bid submission reference, and those that complied with the manual
submission of documents for envelope “A” in accordance with ITB 21.1(b) will
be considered for opening at: -
Date: 16-01-2023
Time: 15:30 hours
Location: Office of the Project Director, RUIDP (RUDSICO-EAP), AVS
Building, 1st Floor, Jawahar Circle, JLN Marg, Malviya Nagar, JAIPUR –
302017, India Telephone: +91 0141 2721966
2. The Employer shall open the Technical Bids, online, in public at the address,
on the date, and time specified above, in the presence of Bidder’s authorized /
designated representatives and anyone who choose to attend. Also, Bidders
has the option to view, online, the status of the bid opening at the Employer’s
website indicated in ITB 1.2 of the BDS. Documents uploaded by Bidders
during bid submission cannot be viewed by their competitors as per ADB
policy.
3. Bids shall be opened one at a time on the e-procurement portal, reading out
the name of the bidder, the presence or absence of a Bid Security, remittance
of cost towards procurement of bidding document, and any other details as the
Employer may consider appropriate.
4. The Employer shall prepare a record of the opening of Technical Bids that
shall include salient details as above. The Bidders’ representatives who are
present shall be requested to sign the record. The omission of a Bidder’s
signature on the record shall not invalidate the contents and effect of the
record.
5. The Price Bids will remain unopened and encrypted in the Employer’s website
indicated in ITB 1.2 of the BDS, until the specified time of their opening.
6. On-line opening of the Price Bids shall follow the procedures provided in ITB
Clauses 25.9, 25.10, and 25.11.
7. If the Technical Bid and the Price Bid are submitted together in the same on-
line folder, the Employer will reject the entire Bid.
ITB 25.5 The Letter of Technical Bid shall be initialed by Authorized representatives of the
Employer attending Bid opening.
ITB 25.10 The Letter of Price Bid and Bill of Quantifies shall be initialed by at least 2
representative of the Employer attending Bid opening.
ITB 32.2 The qualifications of other firms such as the Bidder’s subsidiaries, parent entities,
affiliates, shall not be permitted.
ITB 33.1 The Employer does not intend for the contractor to execute any specific elements
of the Works through nominated subcontractors.
The currency that shall be used for bid evaluation and comparison purposes to
ITB 35.1
convert all bid prices expressed in various currencies into a single currency is:
Indian Rupees
The source of the selling exchange rate shall be: Reserve Bank of India or
agency authorized by Reserve Bank of India.
The date for the selling exchange rate shall be: 28 days prior to bid submission
deadline.
Domestic preference shall not apply.
ITB 36.1
Add following at end of subclause:
ITB 38.4(b)
The amount of total additional performance security due to abnormally low bid;
unbalanced or front-loaded bid shall be subjected to maximum of 10% of contract
amount.
ITB 41.1 Standstill provisions shall apply. The duration of standstill period will be 15 days
from the date of notice of intention for award of contract.
The Employer shall, at the start of the standstill period, notify in writing each
bidder that submitted a bid, of its intention to award a contract to the successful
bidder at the end of standstill period.
The notification (using the form included in Section 9 (Contract Forms)) shall
include the following information:
(a) The name of each bidder who submitted a bid;
(b) The bid prices as read out at bid opening;
(c) The name and evaluated prices of each bid that was evaluated;
(d) The name of bidders whose bids were rejected and the reasons for their
rejection;
(e) The name of the winning bidder, and the price it offered, as well as the
duration and summary scope of the contract awarded; and
F. Award of Contracts
Insert the following as instruction on the publication of contract award.
ITB 43.4
The Employer shall publish the Contract Award Notice at the Employer’s website
indicated in ITB 1.2 of the BDS
ITB 46.1 The procedures for Bidding-related Complaints are referenced in the
“Procurement Regulations for ADB Borrowers (Appendix 7).” The Bidder should
submit its complaint following these procedures, in writing, to:
Table of Criteria
1. Evaluation ..............................................................................................................................................3-3
1.1 Adequacy of Technical Proposal ...................................................................................................3-3
1.2 Completion Time .............................................................................................................................3-3
1.3 Technical Alternatives ....................................................................................................................3-3
1.4 Specialist Subcontractor ................................................................................................................3-3
1.5 Quantifiable Nonconformities and Omissions .............................................................................3-3
1.6 Domestic Preference ......................................................................................................................3-4
1.7 Other Criteria ...................................................................................................................................3-4
1.8 Multiple Contracts ..........................................................................................................................3-5
2. Qualification ..........................................................................................................................................3-6
2.1 Eligibility...........................................................................................................................................3-6
2.1.1 Nationality ..................................................................................................................................3-6
2.1.2 Conflict of Interest......................................................................................................................3-6
2.1.3 ADB Eligibility ............................................................................................................................3-6
2.1.4 Government-Owned Enterprise.................................................................................................3-6
2.1.5 United Nations Eligibility ............................................................................................................3-6
2.2 Historical Contract Nonperformance ............................................................................................3-7
2.2.1 History of Nonperforming Contracts ..........................................................................................3-7
2.2.2 Suspension Based on Execution of Bid-Securing Declaration .................................................3-7
2.2.3 Pending Litigation and Arbitration .............................................................................................3-8
2.2.4 Declaration: Environmental, Health and Safety Past Performance ..........................................3-8
2.4.3 Specific Experience in Managing Environmental, Health and Safety Aspects ....................... 3-14
2.5 Organizational Environmental, Health and Safety ................................................................... 3-15
2.5.1 Environmental, Health and Safety Certification ...................................................................... 3-15
2.5.2 Environmental, Health and Safety Documentation ................................................................. 3-15
2.5.3 Environmental, Health and Safety Dedicated Personnel........................................................ 3-16
1. Evaluation
In addition to the criteria listed in ITB 37.2 (a)–(f), other relevant factors are as follows:
1.1 Adequacy of Technical Proposal
Evaluation of the Bidder’s Technical Proposal will include an assessment of the Bidder’s
technical capacity to successfully implement the contract considering its proposed site
organization, method statement, mobilization, and construction schedule (to be described by
the Bidder in sufficient detail to demonstrate the adequacy of its work methods, scheduling,
and material sourcing) including the extent to which they are presented in a consistent
manner and comply with requirements stipulated in Section 6 (Employer’s Requirements)
without material deviation, reservation, or omission.
Noncompliance with equipment and personnel requirements described in Section 6
(Employer’s Requirements) shall not normally be a ground for bid rejection, and such
noncompliance will be subject to clarification during bid evaluation and rectification prior to
contract award.
1.2 Completion Time
An alternative Completion Time, if permitted under ITB 13.2, will be evaluated as follows:
Alternative Completion Time not permitted.
If domestic preference shall apply under ITB 36.1, the procedure will be as follows as: Not
applicable
Not Applicable
2. Qualification
2.1 Eligibility
Joint Venture
Submission
Requirement Single Entity All Partners Each One Requirements
Combined Partner Partner
2.1.1 Nationality
Nationality in accordance with Must meet Must meet Must meet Not Forms
requirement requirement requirement applicable ELI – 1; ELI – 2
ITB 4.2.
with attachments
Non-performance of a contracta Must meet Must meet Must meet Not Form CON-1
requirement requirement requirementb Applicable
did not occur as a result of
contractor default since 30-12-
2019.
a Nonperformance, as decided by the Employer, shall include all contracts where (a) nonperformance was not challenged by
the contractor, including through referral to the dispute resolution mechanism under the respective contract, and (b)
contracts that were so challenged but fully settled against the contractor. Nonperformance shall not include contracts
where Employers decision was overruled by the dispute resolution mechanism. Nonperformance must be based on all
information on fully settled disputes or litigation, i.e. dispute or litigation that has been resolved in accordance with the
dispute resolution mechanism under the respective contract and where all appeal instances available to the Bidder have been
exhausted.
b This requirement also applies to contracts executed by the Bidder as Joint Venture partner.
Not under suspension based on Must meet Must meet Must meet Not Letter of Technical
requirement requirement requirement applicable Bid
execution of a Bid-Securing
Declaration pursuant to ITB 4.6.
All pending litigation, arbitration, Must meet Not Must meet Not Form CON - 1
requirement applicable requirement applicable
or other material events
impacting the net worth and/or
liquidity of the bidder, if any,
shall be treated as resolved
against the Bidder and so shall
in total not represent more than .
50% percent of the Bidder’s net
worth calculated as the
difference between total assets
and total liabilities.
Declare any contracts that have Must make Not Each partner Not Form CON-2
the applicable must make applicable
been suspended or terminated
declaration. the
and/or performance security declaration.
called by an employer for
reasons related to the non-
compliance of any
environmental, health and safety
contractual obligations in the
past five years.
Joint Venture
Submission
Requirement Single Entity All Partners Each One Requirements
Combined Partner Partner
Submission of audited financial Must meet Not Must meet Not Form FIN - 1 with
requirement applicable requirement applicable attachments
statements or, if not required by
the law of the Bidder’s country,
other financial statements
acceptable to the Employer, for
the last 3 years (Financial Year *
2019-20 to 2021-22; or as per
international practice to
demonstrate the current
soundness of the Bidder’s
financial position. As a
minimum, the Bidder's net worth
for the last year, calculated as
the difference between total
assets and total liabilities should
be positive.
* The fiscal year (FY) of the Government of India and its agencies begins on 1 April and ends on 31 March. “FY” before a
calendar year denotes the year in which the fiscal year starts, e.g., FY2019-20 begins on 1 April 2019 and ends on 31
March 2020.
*Foreign bidders may use other internationally accepted financial year (FY). In case of non availability of data for the
current year for statutory reasons, data of previous year may be considered.
2.3.2 Average Annual Construction Turnover
Joint Venture
Submission
Requirement Single Entity All Partners Each One Requirements
Combined Partner Partner
Minimum average annual Must meet Must meet Must meet Must meet Form FIN - 2
requirement requirement
construction turnover, of INR 25% 40%
210 million calculated as total of the of the
certified payments received for requirement requirement
contracts in progress or
completed, within the last 3
years (Financial Year 2019-20,
2020-21 and 2021-22)*. or as
per International practice).
(1) The fiscal year (FY) of the Government of India and its agencies begins on 1 April and ends on 31
March. “FY” before a calendar year denotes the year in which the fiscal year starts, e.g., FY2019-20
begins on 1 April 2019 and ends on 31 March 2020.
AND
(2) Each partner must demonstrate Not Not Must meet Not Form FIN – 3 and
that its financial resources applicable applicable requirement applicable Form FIN – 4
defined in FIN - 3, less its
financial obligations for its own
current contract commitments
defined in FIN - 4, meet or
exceed its required share of INR
7.5 million from the total
requirement for the Subject
Contract.
AND
(3) The joint venture must Not Must meet Not Not Form FIN – 3 and
demonstrate that the combined applicable requirement applicable applicable Form FIN – 4
financial resources of all partners
defined in FIN - 3, less all the
partners’ total financial obligations
for the current contract
commitments defined in FIN - 4,
meet or exceed the total
requirement for the Subject
Contract of INR 30 million.
Joint Venture
Submission
Requirement Single Entity All Partners Each One Requirements
Combined Partner Partner
Participation as a contractor, JV Must meet Must meet Not Not Form EXP – 1d
partner, or subcontractor, in at least requirement requirement applicable applicable
One contract where the value of the
completed and commissioned or
substantially completed** work
exceeds INR 170 million OR Two
contracts where the value of the
each completed or substantially
completed** work exceeds INR 130
million OR Three contracts where
the value of the each completed or
substantially completed** work
exceeds INR 110 million within last
nine years from the bid submission
date. Bidder’s participation shall be
based on building works.
** substantially completed means (i) the contractor has completed the works but could not commissioned the same
because of hindrances beyond the control of contractor or (ii) contractor has completed and commissioned the works at
least for the amount required for qualification, out of large size contract.
Note:
1. For contracts under which the Bidder participated as a Joint Venture partner or Subcontractor, only the Bidder’s
share, by value, shall be considered to meet this requirement.
2. For contracts implemented by a Joint Venture contractor, if the Bidder comprises the same Joint Venture, the 'Single
Entity' requirements will apply.
3. In addition to the submission requirement Form EXP – 1, the Bidder shall provide the following supporting documents:
a) Letter of Award or Letter of Intent
b) completion certificate in case of completed project
c) Experience certificate in case of substantially completed project
d) JV agreement indicating share of each partner in case of work executed by JV
Table A
Not Applicable
2.4.2. (b) The Employer accepts any of the following activities to be subcontracted. They may be complied
with by the Bidder or by its proposed Specialist Subcontractor.
Table B
Criteria Compliance Requirements Documents
Single Entity or its Joint Venture or its Submission
Requirement Specialist Specialist Requirements
Subcontractors Subcontractors
A minimum experience in the Must meet Must meet Form EXP – 2
following key activities: requirement requirement
Experience as a contractor, JV
partner, or subcontractor, in
completion of work related to
conservation/ restoration/
rehabilitation/ development work
of monuments/ Bawris/ Kund/
heritage buildings/ heritage
gates within last nine years from
the bid submission date.
Bid-Securing Declaration............................................................................................................................4-10
Personnel....................................................................................................................................................4-12
Form PER – 1: Proposed Personnel ......................................................................................................4-12
Form PER – 2: Resume of Proposed Personnel ...................................................................................4-13
Equipment ..................................................................................................................................................4-14
Site Organization ........................................................................................................................................4-15
Method Statement.......................................................................................................................................4-15
Mobilization Schedule .................................................................................................................................4-15
Construction Schedule ......................................................................................................................................4-15
Environmental, Health and Safety Management Plan .....................................................................................4-15
Environmental, Health and Safety Code of Conduct .................................................................................4-16
Bidder's Qualification..................................................................................................................................4-18
Schedules .....................................................................................................................................................4-34
Date: ..................................................
OCB No.: ..................................................
Invitation for Bid No.: ..................................................
To:
The Project Director,
Rajasthan Urban Infrastructure Development Project (RUDSICO-EAP)
First Floor, AVS Building, Jawahar Circle,
JLN Marg, Malviya Nagar, Jaipur,
(a) We have examined and have no reservations to the Bidding Documents, including Addenda
issued in accordance with Instructions to Bidders (ITB) 8.
(b) We acknowledge that we have read and understand ADB’s Anticorruption Policy (1998) and
Integrity Principles and Guidelines (2015), both as amended from time to time .
(c) We offer to execute in conformity with the Bidding Documents the following Works: [insert
narrative]
(d) Our Bid consisting of the Technical Bid and the Price Bid shall be valid for a period of 150 days
starts from the date fixed for the bid submission deadline in accordance with ITB 22.1, and it
shall remain binding upon us and may be accepted at any time before the expiration of that
period.
(e) Our firm, including any Subcontractors or Suppliers for any part of the Contract, have
nationalities from eligible countries in accordance with ITB 4.2.
(f) We, our directors, key officers, key personnel, including any Subcontractors, consultants, sub
consultants, manufacturers, service providers or Suppliers for any part of the contract, do not
have any conflict of interest in accordance with ITB 4.3.
(g) We are not participating, as a Bidder, either individually or as partner in a Joint Venture, in more
than one Bid in this bidding process in accordance with ITB 4.3(e), other than alternative offers
submitted in accordance with ITB 13.
(h) Our firm, Joint Venture partners, our respective direct and indirect shareholders, directors, key
officers, key personnel, associates, parent company, affiliates or subsidiaries, including any
Subcontractors, consultants, subconsultants, manufacturers, service providers or Suppliers for
any part of the contract, are not subject to, or not controlled by any entity or individual that is
subject to, a temporary suspension or a debarment imposed by the Asian Development Bank
or a debarment imposed by the Asian Development Bank in accordance with the Agreement for
Mutual Enforcement of Debarment Decisions between the Asian Development Bank and other
development banks.1
(i) Our firm, Joint Venture partners, our respective direct and indirect shareholders, directors, key
officers, key personnel, associates, parent company, affiliates or subsidiaries, including any
Subcontractors, consultants, subconsultants, manufacturers, service providers or Suppliers for
any part of the contract, are not under ongoing investigation and/or sanctions proceedings by
the Asian Development Bank or any multilateral development bank.
If under ongoing investigation and/or sanction proceedings by the Asian Development Bank or
any multilateral development bank, please state details:
(i) Name of the multilateral development bank: __________
(ii) Reason for the ongoing investigation / allegations: __________
(j) Our firm, Joint Venture partners, our respective direct and indirect shareholders, directors, key
officers, key personnel, associates, parent company, affiliates or subsidiaries, including any
Subcontractors, consultants, subconsultants, manufacturers, service providers or Suppliers for
any part of the Contract, are not temporarily suspended, debarred, declared ineligible, or
subject to any national and/or international sanctions by any country, any international
organization, any multilateral development bank and other donor agency.
(k) Our firm, Joint Venture partners, associates, parent company affiliates or subsidiaries, including
any Subcontractors, consultants, subconsultants, manufacturers, service providers, Suppliers,
key officers, directors and key personnel have never been charged or convicted with any
criminal offense (including felonies but excluding misdemeanors) or infractions and/or violations
of ordinance; nor charged or found liable in any civil or administrative proceedings in the last 10
years; or undergoing investigation for such, or subject to any criminal, civil or administrative
orders, monitorship or enforcement actions.
1 These institutions include African Development Bank, European Bank for Reconstruction and Development (EBRD), Inter-
American Development Bank (IADB), and the World Bank Group. According to paragraph 9 of the Agreement, other international
financial institutions may join upon the consent of all Participating Institutions and signature of a Letter of Adherence by the
international financial institution substantially in the form provided (Annex B to the Agreement). Upon adherence, such international
financial institution shall become a Participating Institution for purposes of the Agreement. Bidders are advised to check
www.adb.org/integrity for updates.
(l) Our firm, Joint Venture partners, our respective direct and indirect shareholders, directors, key
officers, key personnel, associates, affiliates or subsidiaries, including any Subcontractors,
consultants, subconsultants, manufacturers, service providers or Suppliers, can make and
receive electronic fund transfer payments through the international banking system or
otherwise discharge the Employer’s obligation upon initiation of wire transfer.
If unable to make or receive funds through the international banking system or otherwise
discharge the Employer’s obligation upon initiation of wire transfer, please state the details:
(i) Nature of the restriction: __________
(ii) Jurisdiction of the restriction: __________
(iii) Other relevant details: __________
(m) Our firm, Joint Venture partners, associates, parent company, affiliates or subsidiaries, including
any Subcontractors, consultants, subconsultants, manufacturers, service providers or Suppliers,
key officers, directors and key personnel are not from a country which is prohibited to export goods
or services to, or receive any payments from the Employer’s country and/or are not prohibited to
receive payments for particular goods or services by the Employer’s country by an act of
compliance with a decision of the United Nations Security Council taken under Chapter VII of the
Charter of the United Nations.
(n) We have paid, or will pay the following commissions, gratuities, or fees with respect to the
bidding process or execution of the Contract. 2
(o) We understand that it is our obligation to notify the Employer of any changes in connection with
the matters described in paragraphs (f), (h), (i), (j), (k), (l), (m) and (n) of this Letter of Technical
Bid.
(p) [We are not a government-owned enterprise] / [We are a government-owned enterprise but
meet the requirements of ITB 4.5]3
(q) We have not been suspended nor declared ineligible by the Employer based on execution of a
Bid-Securing Declaration in accordance with ITB 4.6.
(r) At any time following submission of our Bid, we shall permit, and shall cause our Joint Venture
partners, directors, key officers, key personnel, associates, parent company, affiliates or
subsidiaries, including any Subcontractors, consultants, subconsultants, manufacturers, service
providers or Suppliers for any part of the contract to permit ADB or its representative to inspect
our site, assets, accounts and records and other documents relating to the bid submission and
to have them audited by auditors appointed by ADB. We understand that failure of this
obligation may constitute obstructive practice that may result in debarment and/or contract
termination.
(s) Regardless of whether the contract will be awarded to us, we shall preserve all accounts,
records and other documents related to bid submission for at least 3 years from the date of
submission of the bid or the period prescribed in applicable law, whichever is longer.
2
If none has been paid or is to be paid, indicate “None”.
3
Use one of the two options as appropriate.
(t) If we are awarded the contract, we shall preserve all accounts, records and other documents
related to the procurement and execution of the contract for at least 5 years after completing
the works contemplated in the relevant contracts or the period prescribed in applicable law,
whichever is longer.
(u) If our Bid is accepted, we commit to mobilizing key equipment and personnel in accordance
with the requirements set forth in Section 6 (Employer’s Requirements) and our technical
proposal, or as otherwise agreed with the Employer.
(v) We certify on behalf of the Bidder, that the information provided in the bid has been fully
reviewed, given in good faith, and to the best of our knowledge is true and complete. We
understand that it is our obligation to inform the Employer of any changes to the information as
and when it becomes known to us. We understand that any misrepresentation that knowingly or
recklessly misleads, or attempts to mislead may lead to the automatic rejection of the Bid or
cancellation of the contract, if awarded, and may result in remedial actions, in accordance with
ADB’s Anticorruption Policy (1998, as amended to date) and Integrity Principles and Guidelines
(2015, as amended from time to time).
Name .................................................................................................................................................
In the capacity of ...............................................................................................................................
Signed ...............................................................................................................................................
Duly authorized to sign the Bid for and on behalf of .........................................................................
Date ...................................................................................................................................................
(Letter of Price Bid and Form is available in Part 2 and to be submitted in Price
Bid – Part 2)
Bid Security
Bank Guarantee
We have been informed that [name of the Bidder] (hereinafter called "the Bidder") has submitted to you
its bid dated [please specify] (hereinafter called "the Bid") for the execution of [name of contract] under
Invitation for Bids No. [please specify] (“the IFB”).
Furthermore, we understand that, according to your conditions, bids must be supported by a bid
guarantee.
At the request of the Bidder, we [name of bank] hereby irrevocably undertake to pay you any sum or
sums not exceeding in total an amount of [amount in words] [amount in figures] upon receipt by us of your
first demand in writing accompanied by a written statement stating that the Bidder is in breach of its
obligation(s) under the bid conditions, because the Bidder
(a) has withdrawn its Bid during the period of bid validity specified by the Bidder in the Letter of
Technical Bid and Letter of Price Bid; or
(b) does not accept the correction of errors in accordance with the Instructions to Bidders (hereinafter
“the ITB”); or
(c) having been notified of the acceptance of its Bid by the Employer during the period of bid validity,
(i) fails or refuses to execute the Contract Agreement, or (ii) fails or refuses to furnish the
Performance Security, in accordance with the ITB, or (iii) fails or refuses to furnish the domestic
preference security, if required.
This guarantee will expire (a) if the Bidder is the successful Bidder, upon our receipt of copies of the
Contract Agreement signed by the Bidder and the Performance Security issued to you upon the
instruction of the Bidder; and (b) if the Bidder is not the successful Bidder, upon the earlier of (i) our
receipt of a copy your notification to the Bidder of the name of the successful Bidder, or (ii) 28 days
after the expiration of the Bidder’s bid.
Consequently, any demand for payment under this guarantee must be received by us at the office
indicated above on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revisions, ICC
Publication No. 758.5
4
All italicized text is for use in preparing this form and shall be deleted from the final document.
5
Or the employer may use “Uniform Rules for Demand Guarantees (URDG) ICC Publication No. 458” as appropriate.
Bid-Securing Declaration
Not Applicable
Technical Proposal
Personnel
1. Title of position
Name
2. Title of position
Name
3. Title of position
Name
4. Title of position
Name
Name
-- Note --
All titles of positions will be as listed in Section 6 (Employer’s Requirements).
The Bidder shall provide all the information requested below. Use one form for each position.
Position
Nationality Citizenship
Professional qualifications
Address of employer
Fax E-mail
Summarize professional experience in reverse chronological order. Indicate particular technical and
managerial experience relevant to the project.
Equipment
The Bidder shall provide adequate information and details to demonstrate clearly that it has the capability
to meet the equipment requirements indicated in Section 6 (Employer’s Requirements), using the Forms
below. A separate Form shall be prepared for each item of equipment listed, or for alternative equipment
proposed by the Bidder.
Item of Equipment
Address of owner
Fax Telex
Site Organization
1. The Bidder shall supply a table of personnel and a chart showing the proposed organization to be
established for (i) carrying out the construction works during all phases of works like mobilization etc.
Work plan:
1. The Contractors will submit detailed work plan as part of Technical proposal covering all sections of
work to achieve work key milestones as shown in Employer’s Requirement
Method Statement
Mobilization Schedule
1. The Bidder shall submit mobilization and de-mobilization schedule of personnel and equipment in
detail for all phases of works. The mobilization schedule should include mobilization of manpower,
different machineries and equipment, materials, as required in each Phase.
Please reflect the no-objection request and approval step for Site Specific Environmental, Health and
Safety Management Plan as per Contract Conditions in the Mobilization Schedule.
Construction Schedule
1. The Bidder shall prepare and submit overall construction schedule. The construction schedule shall
be designed and documented in a series of tasks and task assignments complete with projected
completion target dates with the aid of computer-operated management software like Microsoft
project office, Primavera or latest by using Gantt charts and PERT diagrams to allow all factors to
know their contribution towards fulfilling the Employer’s Requirement.
1. The Bidder shall submit Health and Safety Plan (H&S Plan) that includes corresponding H&S COVID-
19 Plan (HS-C19 Plan) as required by ITB 16.1 of the Bid Data Sheet. These plans shall describe in
detail the actions, materials, equipment, management processes etc. that will be implemented by the
Contractor, and its subcontractors.
The Bidder shall submit an outline Environmental, Health and Safety Management Plan (EHSMP)
commensurate with the risks and impacts of the proposed works and activities. These strategies and plans
shall describe in detail the actions, materials, equipment, management processes etc. that will be
implemented by the Contractor, and its subcontractors.
In developing these strategies and plans, the Bidder shall have regard to the EHS provisions of the
contract and EHS risks including those as may be more fully described in Section 6 (Employer’s
Requirements).
Environmental, Health and Safety Code of Conduct for Contractor’s Personnel Form
Note to Bidder
The minimum content of the EHS Code of Conduct form as set out by the Employer shall not be substantially modified.
However, the Bidder may add requirements as appropriate, including to take into account Contract-specific issues/risks.
The Bidder shall initial and submit the EHS Code of Conduct form as part of its bid.
We are the Contractor, [enter name of Contractor]. We have signed a contract with [enter name of Employer] for
[enter description of the Works]. These Works will be carried out at [enter the Site and other locations where the
Works will be carried out]. Our contract requires us to implement measures to address environmental, health
and safety risks related to the Works.
This EHS Code of Conduct is part of our measures to deal with environmental, health and safety risks
related to the Works. It applies to all our staff, labourers and other employees at the Works Site or other
places where the Works are being carried out. It also applies to the personnel of each subcontractor and
any other personnel assisting us in the execution of the Works. All such persons are referred to as
“Contractor’s Personnel” and are subject to this EHS Code of Conduct.
This EHS Code of Conduct identifies the behavior that we require from all Contractor’s Personnel.
Our workplace is an environment where unsafe, offensive, abusive or violent behavior will not be tolerated
and where all persons should feel comfortable raising issues or concerns without fear of retaliation.
REQUIRED CONDUCT
Contractor’s Personnel shall:
1. carry out his/her duties competently and diligently;
2. comply with this EHS Code of Conduct and all applicable laws, regulations and other requirements,
including requirements to protect the health, safety and well-being of other Contractor’s Personnel and
any other person;
3. maintain a safe working environment including by:
(a) ensuring that workplaces, machinery, equipment and processes under each person’s
control are safe and without risk to health;
(b) wearing required personal protective equipment;
(c) using appropriate measures relating to chemical, physical and biological substances
and agents; and
(d) following applicable emergency operating procedures.
4. report work situations that he/she believes are not safe or healthy and remove himself/herself from a
work situation which he/she reasonably believes presents an imminent and serious danger to his/her
life or health;
5. treat other people with respect, and not discriminate against specific groups such as women, people
with disabilities, migrant workers or children;
RAISING CONCERNS
If any person observes behavior that he/she believes may represent a violation of this EHS Code of
Conduct, or that otherwise concerns him/her, he/she should raise the issue promptly. This can be done by
call [ ] to reach the Contractor’s hotline (if any) and leave a message.
The person’s identity will be kept confidential, unless reporting of allegations is mandated by the country
law. Anonymous complaints or allegations may also be submitted and will be given all due and appropriate
consideration. We take seriously all reports of possible misconduct and will investigate and take
appropriate action. We will provide warm referrals to service providers that may help support the person
who experienced the alleged incident, as appropriate.
Any violation of this EHS Code of Conduct by Contractor’s Personnel may result in serious consequences,
up to and including termination and possible referral to legal authorities.
FOR CONTRACTOR’S PERSONNEL:
I have received a copy of this EHS Code of Conduct written in a language that I comprehend. I
understand that if I have any questions about this EHS Code of Conduct, I can contact [ enter name of
Contractor’s contact person(s) with relevant experience)] requesting an explanation.
Signature: __________________________________________________________
Bidders Qualification
To establish its qualifications to perform the contract in accordance with Section 3 (Evaluation and
Qualification Criteria) the Bidder shall provide the following information requested in the corresponding
Information Sheets.
Bidder’s Information
Information of the Bidder If the Bidder is a subsidiary or
branch, information of any
parent company/companies
Registered
address(es)
Trading address(es)
Addresses
Postal address(es)
(if different from
trading address)
Type of organization
Country of
constitution/incorporation/registrati
on
Year of constitution/incorporation/
registration
Each partner of the Joint Venture and Specialist Subcontractor must fill out this form separately.
Registered
address(es)
Country of
constitution/incorporation/
registration
Year of constitution/incorporation/
registration
Each Bidder must fill out this form in accordance with Criteria 2.2.1 and 2.2.3 of Section 3 (Evaluation
and Qualification Criteria) to describe any history of nonperforming contracts and pending litigation or
arbitration formally commenced against it.
In case of a Joint Venture, each Joint Venture Partner must fill out this form separately and provide the
Joint Venture Partner’s name:
Joint Venture Partner: ___________________
Amount of Nonperformed
Portion of Contract ($ Total Contract Amount ($
Year Description equivalent) equivalent)
[insert year] Contract Identification: [indicate complete [insert amount] [insert amount]
contract name/ number, and any other
identification]
Name of Employer: [insert full name]
Address of Employer: [insert
street/city/country]
Reason(s) for nonperformance: [indicate main
reason(s)]
Each Bidder must fill out this form in accordance with Criterion 2.2.4 of Section 3 (Evaluation and
Qualification Criteria).
In case of a Joint Venture, each Joint Venture Partner must fill out this form separately and provide the
Joint Venture Partner’s name:
In case of a Specialist Subcontractors, each Specialist Subcontractor must fill out this form and provide the
Specialist Subcontractor’s name:
Key EHS personnel replacement requested by the Employer for reasons related to EHS performance
Personnel
Year Contract Identification and Reasons replacement action
and results
[insert year] Contract Identification: [indicate complete contract name/ number, and any [insert description]
other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for requesting for replacement: [indicate main reason(s)]
Fatality due to EHS issues on Site
Follow-on actions
Year Contract Identification taken by the
contractor
[insert year] Contract Identification: [indicate complete contract name/ number, and any [insert description]
other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Description of fatality event:
Causation:
Net Worth = TA – TL
Total Revenues
Attached are copies of financial statements (balance sheets including all related notes, and income statements) for the last
_____ years, as indicated above, complying with the following conditions.
1) Unless otherwise required by Section 3 of the Bidding Document, all such documents reflect the standalone financial
situation of legal entity or entities comprising the Bidder and not the Bidder’s parent companies, subsidiaries, or
affiliates.
2) Historical financial statements must be audited by a certified accountant.
3) Historical financial statements must be complete, including all notes to the financial statements.
4) Historical financial statements must correspond to accounting periods already completed and audited (no statements for
partial periods shall be requested or accepted).
The information supplied should be the Annual Turnover of the Bidder or each partner of a Joint
Venture for the total certified payments received from the clients for contracts in progress or completed,
converted to US dollars at the rate of exchange at the end of the period reported.
In case of a Joint Venture, each Joint Venture Partner must fill out this form separately and provide the
Joint Venture Partner’s name:
Annual Turnover Data for the Last ___ Years (Construction only)
Amount Exchange $
Year
Currency Rate Equivalent
Note:
1. The fiscal year (FY) of the Government of India and its agencies begins on 1 April and ends on 31 March.
“FY” before a calendar year denotes the year in which the fiscal year starts, e.g., FY2019-20 begins on 1
April 2019and ends on 31 March 2020. Foreign bidders may use other internationally accepted Financial
year (FY).
2. In case the construction turnover is not specifically defined in audited balance sheet, the bidder
shall have to additionally submit a certification from chartered accountant clearly depicting the
receipt from construction work only out of total receipts. The certificate issued should have UDIN
(Unique Document Identification).
Bidder must demonstrate sufficient financial resources, usually comprising of Working Capital
supplemented by credit line statements or overdraft facilities and others to meet the Bidder’s financial
requirements for
In case of a Joint Venture, each Joint Venture Partner must fill out this form separately and provide the
Joint Venture Partner’s name:
Financial Resources
No. Source of financing Amount ($ equivalent)
a
2 Credit Line
b Credit line letter shall be within 3 months from bid submission deadline.
[Each Bidder must fill out this form to demonstrate financial resources comprising credit line statements or overdraft facilities,
as stated in form FIN-3.]
Project Name:
Bidding Package Name and Identification Number: …… (to be filled in as indicated in ITB 1.1) …
BANK CERTIFICATE
This is to certify that M/s ...................... is a reputed company with a good financial standing.
If the contract for the work, namely...................... is awarded to the above firm, we shall be able to provide
overdraft / credit facilities to the extent of Rs ...................... to meet their working capital requirements for
executing the above contract.
___Sd.___
Name of Bank: __________
Senior Bank Manager_____________
Address of the Bank_______________
Bidders (or each Joint Venture partner) should provide information on their current commitments on all
contracts that have been awarded, or for which a letter of intent or acceptance has been received, or for
contracts approaching completion, but for which an unqualified, full completion certificate has yet to be
issued.
In case of a Joint Venture, each Joint Venture Partner must fill out this form separately and provide the Joint
Venture Partner’s name:
a Remaining outstanding contract values to be calculated from 28 days prior to the bid submission deadline ($ equivalent
based on the foreign exchange rate as of the same date).
b
Remaining contract period to be calculated from 28 days prior to bid submission deadline.
Bidder should calculate this amount based on the sum of One Month Financial Resources Requirements for Each Current
Works Contract based on the following calculation:
Form FIN - 5: Self-Assessment Tool for Bidder’s Compliance to Financial Resources (Criterion
2.3.3 of Section 3)
This form requires the same information submitted in Forms FIN - 3 and FIN - 4. All conditions of
“Available Financial Resources Net of CCC ≥ Requirement for the Subject Contract” must be
satisfied to qualify.
_________ . . . . . . . . . . ._
(Name of Bidder)
____________ ...........
(Name of Partner)
Each Partner:
_____________ ...........
(Name of Partner 1)
_____________ ...........
(Name of Partner 2)
_____________ ...........
(Name of Partner 3)
- Note -
Form FIN – 5 is made available for use by the bidder as a self-assessment tool, and by the Employer as an evaluation work
sheet, to determine compliance with the financial resources requirement as stated in 2.3.3. Failure to submit Form FIN - 5 by
the Bidder shall not lead to bid rejection.
Fill up one (1) form per contract. Each contract shall be supported by documents such as Signed Contract
Agreement or Certificate of Completion of the Works.
The exchange rate to be used to calculate the value of the contract for conversion to a specific currency
shall be the selling rate of the Borrower’s Central bank on the date of the contract.
Contract of Similar Size and Nature
Employer’s Name
Address
Telephone/Fax Number
E-mail
Description of the Similarity in Accordance with Criterion 2.4.1 of Section 3 (Evaluation and
Qualification Criteria)
2.4.1
Participation as a contractor, JV
partner, or subcontractor, in at least
One contract where the value of the
completed and commissioned or
substantially completed** work exceeds
INR 170 million OR Two contracts
where the value of the each completed
or substantially completed** work
exceeds INR 130 million OR Three
contracts where the value of the each
completed or substantially completed**
work exceeds INR 110 million within
last nine years from the bid submission
date. Bidder’s participation shall be
based on building works.
Note: - Experience of the bidder earned by him as the JV partner or subcontractor will be considered to the
limit of its share in the completed works shown in that JV or consortium agreement.
Fill up one (1) form per contract. Each contract shall be supported by documents such as Signed Contract
Agreement or Certificate of Completion of the Works.
If complied by Specialist Subcontractor, each Specialist Subcontractor must fill out this form and provide
the Specialist Subcontractor’s name:
If partner in a Joint
Venture or Subcontractor,
Percent of Total Amount
specify participation of
total contract amount
Employer’s Name
Address
Telephone Number
Fax Number
E-mail
Description of the Key Activities in Accordance with Criterion 2.4.2 of Section 3 (Evaluation and
Qualification Criteria)
Experience as a contractor,
JV partner, or
subcontractor, in
completion of work related
to conservation/ restoration/
rehabilitation/ development
work of monuments/
Bawris/ Kund/ heritage
buildings/ heritage gates
within last nine years from
the bid submission date.
Form EXP – 3: Specific Experience in Managing Environmental, Health and Safety Aspects
In case of a Joint Venture, each Joint Venture Partner must fill out this form separately and provide the
Joint Venture Partner’s name:
Award date
Completion date
Role in Contract
Prime Member in Management
Subcontractor
Contractor JV Contractor
Not Applicable
Not Applicable
Not Applicable
1. Schedules
Separate tables may be required if the various sections of the Works (or of the Bill of Quantities) will
have substantially different foreign and local currency requirements. In such a case, the Employer
should prepare separate tables for each Section of the Works.
A B C D
Rate of Percentage of
Local Currency
Name of Payment Amount of Exchange Net Bid Price (NBP)
Equivalent
Currency Currency to Local 100xC
C=AxB
Currency NBP
Local Currency
1.00
Foreign Currency #1
Foreign Currency #2
Foreign Currency #3
Provisional Sums
Expressed in Local
Currency
BID PRICE
-- Note --
The rates of exchange shall be the selling rates 28 days prior to the deadline for submission of bids published by the
source specified in BDS 15.
Nonadjustable — — — 0.15
Total 1.00*
Note: If the quoted price is modified as a result of price negotiations, the base date for table of adjustment
will be date of negotiation.
We, ------------------ (the bidder) have submitted bid for the contract package of --------------------. It
is certified that we have read the bid document and have no reservation in accepting the
provisions of bid document, contract conditions, scope and specification of works etc. We
undertake that we have no deviation to the terms and conditions of the bid document, scope of
works etc. At later date, if any deviation is observed, it shall stand withdrawn.
Signed by -------------------
On behalf of -----------------------
We, ------------ (the bidder) have submitted bid for the contract package of ----------------------------------
---, We undertake that we will deploy the personnel and Equipment of required experience and
qualification as per bid document provisions and work requirement during execution of works, if
work is awarded to us.
Signed by -------------------
On behalf of -----------------------
This Memorandum of Understanding (hereinafter referred to as "MOU") is made and entered into
this -------------------- ("Effective Date").
BETWEEN
M/s. ____________________________________________________________, a company
incorporated, and having its registered office at ___________________________________.
(Hereinafter referred to as the "First Party"/ "One Partner");
Hereinafter jointly referred to as the "Parties" and individually as "Each Party" or "a Party”
as the case may be.
WHEREAS,
1.3. _____________ shall be the Third Member – or Third Partner (insert more lines if
more partners)
4.2 All rights, interests, liabilities, obligations, risks, costs, expenses and pecuniary obligations
and all net profits or net losses arising out of the Contract shall be shared or borne by the
Parties.
4.3 The members in the proportion as mention in article 4.1, shall contribute sufficient Initial
fixed capital for timely execution of the project including commissioning & operating period
as per the contract.
ARTICLE 6: EXCLUSIVITY:
6.1 The co-operation between the Parties hereto shall be mutually exclusive i.e. none of them
shall without the other Party's consent & prior approval of RUIDP (RUDSICO-EAP),
approach or cooperate with any other parties in respect of the Project.
6.2 In the course of working as associates, the parties to the JV will be sharing information with
each other which may be proprietary /confidential information /knowledge acquired by each
other. It is hereby agreed that the parties will maintain complete secrecy regarding such
information / knowledge and will not divulge to any party for any other purpose except for
the success of the joint execution of the contract. All parties will also indemnify each other
against any claim that may arise out of using information, which are being claimed
proprietary.
ARTICLE 8: ARBITRATION:
8.1 Any dispute resulting from this Agreement shall be settled amicably by mutual Consultation
by the Managing Directors/ Chairman of ___________&_____________. In the event that
an amicable settlement is not reached within 60 days in any particular case, the dispute
shall be referred to arbitration and shall be resolved in accordance with and subject to the
provisions of the __________________________ and any statutory modifications and
enactment hereof for the time being in force. The decision of the arbitrators shall be final
and binding upon both parties. The venue of arbitration will be ____________.
IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed by each
of the duly authorized representatives as appearing below:-
Signed by )
For and on behalf of
_________________________ )
_____________________________
Signed by )
For and on behalf of ) ________________________________
__________________________________
in the presence of: ) Name :
______________________ ) Designation:
Name:
Designation:
Bill of Quantities
Bidder to submit the BOQ separately alongwith the price bid.
SECTION 6
EMPLOYERS REQUIREMENTS
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6.1 DEFINITIONS
The words, terms and expressions beginning with capital letters and defined under this Section 6.1 including
those in Section 7 - General Conditions of Contract and those in Section 8 – Particular Conditions of
Contract shall, unless the context otherwise requires, have the meanings as described thereto / herein:
a) “Battery Limits” shall mean the boundary limits defined for the Construction & Extension of various
lakes, development of playground and inter-connectivity of lake within which the Contractor has the
responsibility of system development and providing services in accordance to the terms and
conditions under this Contract;
b) “Start Date” means the stipulated date of commencement of contract indicated in LOA.
c) “Contract Completion” means the Contract Completion Date as mentioned in the Contract Completion
Certificate issued by the Employer’s Representative to the contractor on fulfilment of his obligations;
d) “Contract Date” means the date on which the contract is signed;
e) “Contract Period or Total Contract Period” means the period of Contract counted from
Commencement Date upto Contract Completion Date;
f) “Contractor” means the agency responsible for construction of civil work as specified in Scope of work
and in Section 6;
g) “Contractor's Personnel” means personnel hired and deployed by the Contractor under provision of
Works and Services but excluding the Sagwara Nagar Palika (NPS).
h) “Employer’s Representative means” concerned PIU RUIDP, Jaisalmer or as nominated by the
Employer from time to time. Employer’s Representative is also termed as Project Manager and
Engineer-in-Charge.
i) “Existing Assets” means infrastructure components existing at the site as on the Commencement Date
in the name of employer or NPS/PWD/PHED/JJN or other Govt. Agency;
j) “Government Agencies” means all those agencies comprising of local, state and central government
authorities;
k) “Mandatory Works” means, works which are listed in the Bill of Quantities and are required to be
constructed or erected and commissioned unless such works require change of scope or design as
agreed, as part of the works to achieve goal of the project;
l) “Mobilization Period” means the period in which activities defined in Section 6 would be completed. It
is the period commencing from the Contract Commencement Date and extends up to limit mentioned
further in this document;
m) “New Assets” means infrastructure components, plant, installed, erected and commissioned by the
Contractor during the Implementation period other than those existing on the site as on the
Commencement Date;
n) “PMCBC” means the Consultant for Project Management and Capacity Building Consultant as
appointed by the Employer;
o) “CMSC” means consultant for Contract Management and Construction Supervision and Consultant as
appointed by the Employer;
p) “CAPPC” means the Consultant for the Community Awareness and public participation Consultant as
appointed by the Employer;
q) "Release Event” shall mean an event such as flood, non-availability of land etc., or an event of force
majeure;
r) “RUIDP” means Rajasthan Urban Infrastructure Development Project or its successor agency and is
synonymous with “Employer”
s) “RSTDSP” means Rajasthan Secondary Town Development Sector Project;
t) “Schedules or Schedule” means the schedules forming part of this contract, or any one of them, as
the context requires;
u) “Scope of Services” shall mean all those services to be provided by the Contractor in accordance to
the obligations, activities, responsibilities and tasks in implementing the contract to achieve ultimate
goal of the project;
v) “Service Area” means the area where Contractor and/or RUIDP or its successors is responsible for
construction of Nallahs;
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w) “Services” means all those activities, interventions, actions and tasks required as part of the
implementation of Lake development and playground Works including all planning, procurement,
construction of all those activities as defined in the Scope of Services;
x) HWL means High water level
y) MWL means Mid water level
z) LWL means Low water level.
6.2 PREAMBLE
This Employer’srequirement covers the civil and non-civil works coming under scope of this bid
document. All work shall be carried out in conformity with the same. These
specifications/requirements are not intended to cover the minute details. The works shall be executed
in accordance with good engineering practices followed for achieving highest standards of
workmanship, thus ensuring safety and durability of the construction and to achieve the project goal,
process guarantees and performance indicators. All codes and standards referred to in these
specifications shall be the latest thereof, unless otherwise stated.
6.3 CONFIDENTIALITY
The Contractor shall keep confidential and shall not, without the written consent of the
Employer/Employers Representative, divulge to any Third Party any documents, data or other
information arising directly or indirectly from the performance of Services under the Contract, whether
such information has been furnished prior to, during or following termination of the Contract.
Notwithstanding relevant Clause to the General Conditions of Contract, the Contractor may furnish to
its Sub-Contractors such documents, data and other informationto the extent required for the Sub-
Contractors to perform their work under the Contract, in which event the Contractor shall obtain from
such Sub-Contractors an undertaking of confidentiality similar to that imposed on the Contractor.
The Contractor shall not use such documents, data and other information received from the
Employer/Employers Representative for any purpose other than the Services as are required for the
performance of the Contract. The Contractor shall not publish, permit to be published, or disclose any
particulars of the Services, Site or The Works in any trade or technical paper or advertising materials
without the prior written consent of the Employer/Employers Representative.
The objective of the Project proposed is to promote sustainable environment and basic urban
infrastructure facilities to the all citizens and visitors of the town.
The Government of Rajasthan (GOR) through the Rajasthan Urban Infrastructure Development
Program (RUIDP) has prepared the Rajasthan Secondary Town Development Sector Project
(RSTDSP). This aims to improve the level, quality and sustainability of basic Beautification of city in
LSG, contributing to improved quality of life among the urban people. The RUIDP apart from the
investment in 39 ULBs also aims in bringing in several reforms in the water sector and drainage
improvement of Rajasthan.
Enhancing the capacity of LSG to assume their functions in accordance with the 74th Constitutional
Amendment, with greater sustainability and accountability;
Establishing a state level financial intermediary for urban water services;
Strengthening local finances through rationalization and improvement of property tax, and levy of
sufficient user charges;
Ensuring improved maintenance of existing assets;
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Improving quality of water supplied and reducing pollution of water courses and
The GOR prepared the Rajasthan Secondary Town Development Sector Project assisted by the Asian
Development Bank. RUIDP was set up as an agency for the speedy planning and implementation of
urban development programs. The program is proposed to be implemented in a span of 4 years. The
RSTDSP would provide the momentum for the overall reform process by supporting these objectives
in Rajasthan and promoting the emergence of better functioning cities.
DISTRICT PROFILE
Sagwara district is a district of the Indian state of Rajasthan in northern part of the India. According to the
2011 census, Sagwara Teshel has a population of 1,388,552. This gave it a ranking of 351st in India (out of
a total of 640). The district had a population density of 368 inhabitants per square kilometre (950/sq mi). Its
population growth rate over the decade 2001-2011 was 25.39%. Dungarpur had a sex ratio of 990 females
for every 1000 males, and a literacy rate of 60.78%. Scheduled castes and scheduled tribes made up 3.77%
and 70.82% of the population respectively.
CLIMATE
The district has a dry climate with a hot season from April to June. However, the climate is milder than in the
desert regions of Rajasthan to the north and west.
TEMPERATURE
The maximum temperature in the district occurs during the hot season and ranges between 40°to 45°
celsius. The minimum temperature ranges between 10° and 12° celsius, usually occurring in January.
RAINFALL
The monsoon season, which runs from June through September, brings majority of the rainfall to the district,
but some rain may fall from November through February. The annual rainfall varies extensively over the
district from up to 880 mm in Dungarpur town in the northwest to under 796 mm at sagwara in the south-
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east. However, the rainfall is quite variable from year to year, as sagwara had 1411 mm in 2019 but only 653
mm in 2018.
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1.Masaniya lake
2.Lohariya lake.
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3.Hariyala lake.
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6. Playground
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Various heritage structures such as temples, Ghat’s around lakes. Notable few of which are:
Valmiki temple
Shiv Temple
Shantoshimaa Temple
Bharavji Temple
Jain Temples
Mosques
6.10.1 Proposed Development in Masasniya, Lohariya, Gemariya 01 and 02, Hariyala lake
The objective of the project is to clean and beautify all the lakes for recreational purpose. The project
involves; cleaning of the lake, Native trees plantation in high water level (HWl) and rammed earthen track to
be provided for walking and running. Shrubs are provided in mid water level (MWL). To minimize erosion
Sub-merged plantation is provided. Additional developments are paving, walkways,small decorative fountain,
wooden jetty, decorative lights and c.i pole in development area, toilet block, security guard room etc.
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The Employer/Employers Representative provides drawings for lumpsum works as reference in the Bid. The
Contractor shall review Employer/Employers Representative’s data for the development works, based on
the alignment approved by the Employer’s Representative. Contractor has to follow working drawings.
The Contractor shall be responsible for any discrepancies, errors or omissions in the specifications,
drawings and other technical documents, desired output/performance of the Works, whether specifications,
drawings and other documents have been approved by the Employer/Employers Representative or not,
provided that such discrepancies, errors or omissions are not because of inaccurate information furnished
in writing to the Contractor by or on behalf of the Employer Representative. Contractor shall not deviate
from the specifications prescribed by the Employer Representative unless the proposed changes will result
in better performance and cost effectiveness.
6.12 CONFIDENTIALITY
The Contractor shall keep confidential and shall not, without the written consent of the Employer/Employers
Representative, divulge to any Third Party any documents, data or other information arising directly or
indirectly from the performance of Services under the Contract, whether such information has been furnished
prior to, during or following termination of the Contract. Notwithstanding to the General Conditions of
Contract, the Contractor may furnish to its Sub-Contractors such documents, data and other
information to the extent required for the Sub-Contractors to perform their work under the Contract, in
which event the Contractor shall obtain from such Sub-Contractors an undertaking of confidentiality
similar to that imposed on the Contractor.
The Contractor shall not use such documents, data and other information received from the
Employer/Employers Representative for any purpose other than the Services as are required for the
performance of the Contract. The Contractor shall not publish, permit to be published, or disclose any
particulars of the Services, Site or the Works in any trade or technical paper or advertising materials without
the prior written consent of the Employer/Employers Representative.
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Employer reserve the right to construct any work or any part thereof on, over, under, in or through the
site. Employer may use or occupy any part of the permanent work.
Generally the following activities shall be carried out for each component of this contract but
shall not be limited to:
Detail survey to be done of the whole area including lakes, proposed play ground and interconnectivity
of lakes, preparation of sections based on survey along the proposed development of lakes and
submission of section of the proposed Development of lakes to be executed for approval of Employer’s
Representative.
All designs shall conform to latest Indian Standard (I.S.) Specifications and Codes of Practice unless
otherwise specified in the Bid Specifications. The design standards adopted shall follow the best modern
engineering practice in the field based on any other international standard or specialist literature subject
to such standard reference or extract of such literature in the English language being supplied to and
approved by the Employer’s Representative.
In case of any variation or contradiction between the provisions of the I.S. Standards/Codes/
Standards Specifications and the specifications given in the bid document, the provision given
in this bid document shall be followed.
Preparation and submission of all detailed working drawings on the basis of detailed survey, Sections,
plans, designs etc. approved by the Employer’s Representative. The design of all its reaches have been
done and which is to be confirmed on basis of confirmatory survey, soil investigation, rainfall data
analysis, hydraulic and structure design etc. in consultation of the Employer’s Representative.
Submission of the credential of manufacturer for supply of various materials, machinery,
equipment/instruments for approval of Employers representative.
Getting approval of all drawings, material to be used, machinery and equipment specifications and the
samples, prior to dispatch by manufacturer or supplier at site is the sole responsibility of the contractor.
If any specific provision/references have been made in more than one specification, at different places in
the tender document, the provision which is more stringent, shall apply.
The submission of as-built drawings of the works is the pre-condition for the final payment of execution
part. The final drawings shall be submitted in 6 copies, linen bound in an album of an approved size.
The contractor shall submit all the completion drawings in hard copies and on CD ROM/DVD in two sets
with proper directory structure.
Providing mandatory spares, tools and tackles at the end of the execution of physical works as per list
required to be submitted along with the bid.
Existing all Civil, Pipelines, Mechanical & Electrical, Instrumentation, etc., equipments, structures,
materials, etc., at the site shall be removed and transported to the location or relocated as per the
instruction of the Employers representative. No extra cost will be paid for this work. Contratcor shall
include the cost for this work in his bid.
Reference bench marks for Reduced Level shall be adopted as fixed by Survey of India Department.
Arrangement of adequate security, watch and ward of the system during the execution period to
safeguard the equipment and completed section of the work from any type of mishandling, theft, fire and
other hazards, etc.
Restoration of road surface after completion of backfiling of the earth shall be a part of the work.
The design parameters of various component stated in the Employer’s Requirement, General Technical
Specifications and Standard Specifications are indicative and are for guiding the bidder except size of
the drains.
The Contractor shall design and execute all components of the system as per scope provided in the bid
document to meet the minimum requirements and specifications stated in Employer’s Requirement,
General Technical Specifications and Standard Specifications of RUIDP.
The Contractor shall supply all plants, construction materials, manufactured goods, labour, machineries,
equipment, etc necessary for execution of the works in accordance with Employer’s Requirement and
Specifications.
Employer reserve the right to construct any work or any part thereof on, over, under, in or through the
site. Employer may use or occupy any part of the permanent work.
Preparation and submission of all detailed construction drawings (for all lumpsum and item rate works)
on the basis of conceptual designs and plans approved by the Employer’s Representative.
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Design reviews and appraisals at regular interval, prior to construction of works.
Submission of the credential of manufacturer for supply of various materials, machinery,
equipment/instruments for approval of Employers representative.
Submission of the design/specifications, product brochures, technical data sheets, test, Quality
Assurance Plan (QAP) and performance certificates etc., of all equipments and other materials.
Construction/Installation, testing and commissioning of all works strictly as per scope of work,
approved drawings, designs, relevant IS codes and specifications.
Pre- commissioning checks and inspections as per requirement.
Testing of all components as per relevant IS codes and specifications and guidelines.
Getting approval of all designs and drawings, material to be used, machinery and equipment
specifications and the samples, prior to dispatch by manufacturer or
supplier/installation/commissioning of work at site is the sole responsibility of the contractor. If any
specific provision/references have been made in more than one specification, at different places in
the tender document, the provision which is more stringent, shall be applicable.
To co-ordinate with the Operation and Maintenance staff and concerned officers of PHED, PWD,
Forest, BSNL, Urban Local Bodies, Gram Panchayat, Mining, Army/Defence, electric supply
company and personnel of local water supply system or any other department / agency (for
installation of new equipments etc.,), with the district administrative offices and other offices for
necessary approvals and certificates wherever required.
During construction of any component of project, for Item rated works, the cost of shifting of
electrical poles, transformers, telephone line, trees etc., if required shall be reimbursed to contractor
under provisional sum. The permission fee for crossing of NH/SH and railway crossing shall also be
reimbursed to the contractor under provisional sum on submission of the original bill of concerning
department along with proof of payment done. The contractor shall be responsible for any damage
occurred to telephone lines, electricity cables, OFC cables, cutting of trees, cables,
distribution/pumping water mains and gas pipes, sewer lines, drains, constructed by other
departments/agencies while laying water and sewer pipeline or construction of any component of
the project and shall be liable to pay the amount levied by respective department(s)/agencies for the
repair and/or damages so occurred.
The approval and submission of good for construction drawing is the precondition for starting the
execution on ground and as-built drawings of the works is the pre-condition for the final payment of
execution part.
During defect liability period of 1 year Project shall be operated and maintained along with
rectification of any defects which are observed/ pointed out by the employer/line agency (Nagar
Palika Sagwara) as defined in tender document. No separate payment for spares, material,
equipments and labour required for rectification of defects, routine maintenance of the system.
Contractor to ensure household survey includes 100% scheduled tribe (ST) households for water
connections and other project benefits within the subproject coverage area;
Ensure mobilization of social outreach team / person to support the CAPP consultants for
implementation of IEC activities with the community including the ST community;
Contractor will conduct awareness campaigns across the project coverage area and will be
responsible to ensure that ST households and localities are identified and included in the campaign;
Campaign to include awareness of connection procedures for the public including ST households;
Contractor to procure toll free number for recording and mitigation of grievances;
Contractor will ensure employment of scheduled tribe population and women / vulnerable persons,
who are interested and possess required skill or are willing to get trained and available for work in
construction-related works.
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standards and guidelines for Lakefront and playground development and with existing assets and
current on-going works in the Service Area. The contractor shall also study the works being done by
NPS and other departments being undertaken during the same period in the same area.
ii. Understand himself with the nature and scope of work and the prevailing Site conditions.
iii. Be familiar with governing Laws and regulations in order to undertake studies and construction activities
under the Contract such as:
a. Occupational health and safety including workers compensation;
b. Signage for construction works and;
c. The permissions and co-ordination required from the different agencies
iv. The Contractor shall review and validate the Detailed Project Report of the project which will enable him
to prepare SIP:
a. in line with the Detailed Project Report (DPR) approved for funding,
b. in compliance with the Draft Master Plan – Vision 2031 for the Town,
c. in compliance to the terms and conditions of the Project and Loan Agreements among ADB,
Government of India and Government of Rajasthan and
d. in coordination with the on-going and programmed activities of NPS, UITJ, PHED and other
Government agencies as the case may be.
e. Any deviations to the document, data provided by NPS/UITJ/RUIDP and consultation shall be
highlighted and got approved as part of the SIP.
f. In case of any interventions proposed in the SIP, which are not part of the DPR or those
interventions which are part of the DPR but require improvement from conventional design
practices, the Contractor shall provide sufficient explanation and justification as to how
implementing such interventions would influence the achievement of the Performance Standards
stipulated in the document.
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6.18 SURVEY EQUIPMENT AND FIELD ASSISTANCE TO THE EMPLOYER’S REPRESENTATIVE
The Contractor shall make available to the Employer’s Representative required survey equipment, suitably
educated and trained survey assistants and labourers for use on and about the Site in sufficient numbers
and at all reasonable times. The above mentioned equipment shall be the property of the Contractor upon
the completion of the Contract.
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6.23 IMPORTANT MILESTONE AND KEY TIME PERIODS AS PER THE TERMS OF CONTRACT
Milestone and Key Time Periods
S. No. Sectional Milestone Completion Time Activities
from stipulated
date of contract
start (days)
1. Mobilization 30 days
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6.24 DRAWING REQUIREMNETS
Under this contract broadly following drawings has been classified:-
1. Construction Drawings.
2. Working drawings.
3. As-Built Drawings.
4. Record Drawings.
All drawings shall be on A1/A2/A3 sheets, with title blocks approved by the Employer, Signature of the
Contractor’s authorized representative to indicate the drawings have been checked prior to submission. The
text of all drawings and documentation provided by the Contractor shall be in the English Language.
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All dimensions shall be in SI units and each drawing shall be properly identified by a drawing head and a
numbering code in the form prescribed by the Employer’s Representative after contract commencement.
The Contractor shall submit 6 (six) copies of all drawings for approval.
Any changes or modifications to the Working Drawings that the Employer’s Representative considers
necessary shall be made by the Contractor promptly and the drawings resubmitted for approval.
Approval of Working Drawings will be given by the Employer’s Representative in the form of a stamp
"Released For Construction" together with the date and signature of the authorized representative. Only
those Working Drawings carrying the signed and dated stamp shall be used for execution.
Copies of all such approved Working Drawings together with one unreduced transparency shall be supplied
to the Employer’s Representative by the Contractor immediately after approval. The cost of preparing and
providing all Working Drawings shall be included in the Contract Rates.
Should it be found at any time after approval has been given by the Employer’s Representative to a Working
Drawing submitted by the Contractor that the said Working Drawing does not comply with the terms and
conditions of the Contract or that the details do not agree with the Working Drawings previously approved,
such alterations and additions as may be deemed necessary by the Employer’s Representative shall be
made therein by the Contractor and the work carried out accordingly without entitling the Contractor to extra
payment on account thereof, except where such alternations and additions are to be made in direct
consequence of written order by the Employer’s Representative to vary the Works. Contractor shall be
wholly responsible for correctness of all the drawings for all the components of the project .
No examination by the Employer’s Representative of any document submitted by the Contractor or of the
Contractor's Working Drawings, nor the approval expressed by the Employer’s Representative in regard
thereto, either with or without modification, shall absolve the Contractor from any liability imposed upon him
by any provision of the Contract. Notwithstanding the Employer’s Representative's approval of the Working
Drawings the Contractor shall be responsible for any dimensional or other errors.
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6.26 APPROVAL PROCESS OF DESIGN AND DRAWINGS
Contractor shall submit all survey, design with drawings to Employer’s Representative for vetting which shall
then be vetted by any reputed engineering college such as IIT/MBM/ MNIT/NIT/BITS at his own cost after
which the Employer shall provide the final approval. Construction at site shall be started only after approval
of structural drawings from these institutions.
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physical works prior to the implementation of RP/SEMP in that stretch, and (5) Display the telephone number
for grievance registration maintain grievance registers at work sites, and ensure timely escalation of any
unresolved grievances.
No civil works shall commence until the updated IEE, EMP, and resettlement plan (RP) and are submitted by
project consultant to PMU and further approved by ADB. No civil works shall commence until the site specific
Environmental Management Plan (SEMP) is submitted by the contractor to PMU and approved by PMU.
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Site office shall have required furniture/appliances, desktops, printer, required stationary and printing
material, a telephone connected to the public system and broadband internet. Site office and equipment
shall become the property of the Contractor upon completion of the Contract.
The Contractor shall be responsible for the proper maintenance of the offices during the design build period.
He shall keep the offices and toilets clean and shall provide adequate cleaning staff for this purpose
throughout the Contract period. All electricity, water and telephone charges, relating to the Employer’s
Representative's offices, including connection and disconnection fees and rental charges shall be paid by
the Contractor. If the Employer’s Representative feels that office arranged by the contractor is not being
maintained properly, Employer’s Representative has right to deduct a reasonable amount from that payment.
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developed in these bags. This can be removed easily by rolling the bags when the cement is taken
out for use. Lumbed bags, if any shall be removed and disposed off.
iv. The height of stack shall not be more than 10 bags to prevent the possibility of lumping up under
pressure. The width of the stack shall be not more than four bags length or 3 meters. In stacks
more than 8 bags high, the cement bags shall be arranged alternately length-wise and cross-wise
so as to tie the stacks together and minimize the danger of toppling over. Cement bags shall be
stacked in a manner to facilitate their removal and use in the order in which they are received; a
label showing date of receipt of cement shall be put on each stack to know the age of cement.
v. For extra safety during the monsoon, or when it is expected to store for an unusually long period,
the stack shall be completely enclosed by a waterproofing membrane such as polyethylene, which
shall close on the top of the stack. Care shall be taken to see that the waterproofing membrane is
not damaged any time during use.
vi. Cement in gunny bags, paper bags and polyethylene bags shall be stored separately.
vii. Different types of cements shall be stacked and stored separately.
Fire Hazards
Causes of fire hazards at construction sites /store yards:
At any construction workplace fire hazards may take place due to the following:
i. Electrical short circuiting / Poorly installed temporary wiring,
ii. Gas cutting and welding,
iii. Defective heating appliances,
iv. Careless storage and handling of flammables,
v. Loose gunny bags, plastic bags, organic debris etc. and
vi. Careless smoking.
Protection against Fire:
i. A site engineer shall be assigned with the specific responsibilities of ensuring compliance with fire
safety provisions by contractors and also of coordinating with fire services and other agencies
concerned with fire safety.
ii. The storage yard shall be clear of any vegetation and debris prior to the storage of material and
shall be cleaned regularly.
iii. A canteen building or any other unit being source of fuel shall be located sufficiently away from
stack yard.
iv. Materials, like timber, coal, paints, plastic pipes etc. shall be stored in such a way that there may not
be any possibility of fire hazards.
v. Inflammable materials like kerosene, diesel and petrol, shall be stored in accordance with the
relevant rules and regulations so as to ensure the desired safety during storage. Stacks shall not
be piled so high as to make them unstable under fire fighting conditions and in general they shall
not be more than 4.5 m in height.
vi. Open flames, welding and cutting operations, wherever necessary, shall be carried out with
stringent precautions and under proper supervision. All combustible materials lying around shall be
removed or covered with wet gunny bags, tin sheets, etc. as welding sparks can fly up to 10 m.
After completion of such work the area shall be inspected.
vii. Electrical wirings shall be either PVC sheathed conductors or vulcanized rubber cables. All joints
shall be made in porcelain insulated conductors and the wiring shall not be permitted to trail on the
floor.
viii. Materials which are likely to be affected by subsidence of soil like precast beams, slabs and timber
of sizes shall be stored by adopting suitable measures to ensure unyielding supports.
ix. Materials liable to be affected by floods shall be suitably stored to prevent their being washed away
or damaged due to floods.
x. Stairways, passageways and corridors shall not become obstructed by storage of building materials,
tools or accumulated rubbish.
xi. Adequate number of appropriate type fire extinguishers shall be placed near vulnerable places
which are easily accessible. The extinguishers shall be available for immediate use at all times.
Extinguishers shall be sited in such a way that the user may not have to travel more than 15 m
from the site of the fire to reach the extinguishers.
xii. Recharging of fire extinguishers and their proper maintenance shall be ensured at prescribed time.
xiii. Watch and ward services shall be provided at storage sites during holidays and nights.
Apart from above following codes may be referred for further detailed specifications and reference:
IS 4082: Stacking and storage of Construction materials and Components at site –
Recommendations
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IS 7634: Plastics pipes selection, handling, storage and installation for potable water Supplies —
code of practice
IS 2190: Selection, installation and maintenance of first-aid fire extinguishers — code of practice
IS 13416: Preventive measures against Hazards at work places- recommendations (Part 5: Fire
Protection)
6.31 TESTING FACILITIES, LABORATORY
Within 28 days of issue of Notice to Proceed, the Contractor shall establish, in the campus of site office, an
on-site fully furnished and adequately equipped field laboratory staffed by qualified personnel suitable for
construction material testing except cement and steel etc. He will make the facility to test other material in
the approved independent material testing laboratory. The name and qualifications of independent testing
laboratories shall be submitted to Employer’s Representative for approval no less than thirty calendar days
prior to the date the laboratories are to be used. Once approved, dismissal and replacement of the approved
independent testing laboratory shall require written authorization by the Employer’s Representative. The site
laboratory shall be functional till the build work is completed. Laboratory and equipment shall become the
property of the Contractor upon completion of the Contract .
If Project Manager found that Laboratory arranged by the Contractor is not being maintained properly then
Project Manager has right to deduct a reasonable amount from payment. The calibration of the laboratory
equipment and instruments shall at the initial stage to be certified by agencies approved by the Employer’s
Representative. Laboratory equipment shall be properly maintained and calibrated throughout the period of
the Contract by the Contractor at his own expense. The Contractor shall notify the Employer’s
Representative in sufficient advance prior to conducting any tests for the materials and work. The
Employer’s Representative will also inspect the laboratory and the contractor shall provide adequate facilities
to the Employer’s Representative for his independent verification of the accuracy and adequacy of the
facilities.
The Contractor shall be responsible for the sampling, curing, and transport to the laboratories of all materials
for testing, and all testing costs including laboratory fees, and/or all costs in running the on-site laboratory,
i.e., chemicals, reagents, and other test consumables, staff, and utilities.
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Section–6:Scope of Services (Employer’s Requirement)
The Contractor shall be responsible for all damages or injury which may be caused on any property by
trespass by the Contractor's or his Subcontractor's employees in the course of their employment, whether
the said trespass was committed with or without the consent or knowledge of the Contractor.
Health and Safety COVID-19 Plan (HS-C19 Plan), in accordance with the relevant government regulations
and guidelines on COVID-19 prevention and control, or in the absence thereof, to international good practice
guidelines such as those from the World Health Organization. Should be ensured During construction.
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Section–6:Scope of Services (Employer’s Requirement)
Hand and Arm Protection – Leather gloves, Aluminized gloves, Aramid fiber gloves, Synthetic
gloves, Fabric gloves, Coated fabric gloves, Chemical and liquid resistance gloves (Butyl gloves,
Natural (latex) rubber gloves, Neoprene gloves, Nitrile gloves) etc.
Body protection – jackets as per work exposure.
Hearing protection – ear buds as per noise in dB at work site.
Road work safety equipments – reflecting jackets, stop sign etc.
The Contractor shall comply with the approved SEMP and any corrective or preventative actions set out in
the semi-annual safeguards monitoring reports that the Employer will prepare from time to time to monitor
the implementation of the project EMP/SEMP.
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6.33.10 FIRE EXTINGUISHERS
Portable fire extinguishers are to be provided for all units as per the requirement of Tariff Advisory
Committee (TAC) or meeting the requirement of local regulations whichever is stringent.
All the extinguishers shall be ISI marked.
For fighting fire, 2 kg capacity CO2 type fire extinguishers shall be supplied and located at strategic locations
as per TAC regulations. The fire extinguishers shall be with initial charge and mounted on wall bracket ready
for use, complete as per IS:2878.
6.35 SIGNBOARDS
Signboards shall be placed at each of the project offices, at important locations and at each drain works at
important locations such as road junctions, drain crossing roads, near major habitation area in English,
information about the projectand Employer, and the names of the Employer’s Representative and Contractor
in a form and size to be agreed by the Employer’s Representative. They shall be of durable construction
capable of withstanding the effects of the climate until the end of the build Period.
The Contractor shall keep the signboards in good repair for the duration of the contract and shall remove
them on completion of the Contract.
Besides these signboards the Contractor shall not, except with the written authority of the Employer’s
Representative, exhibit or permit to be exhibited on the Site any other form of advertisement.
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Notwithstanding any approval by the Employer’s Representative of the Contractor's arrangements for the
removal of water, the Contractor shall be responsible for the sufficiency thereof and for keeping the Works
safe at all times and for making good at his own expense any damage to the Works.
The Contractor shall be responsible to keep the Site clear of water at whatever pump rate is found
necessary.
The Contractor’s site drainage facilities shall not cause pollution in any local watercourses, he shall be
responsible for any legal action resulting from pollution events.
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6.38 PROVISION OF TEMPORARY SERVICES
When the execution of the Works requires the temporary disconnection of existing public utilities, the
Contractor shall provide the affected users with temporary services in at least the same standard as the
original services.
The alternative arrangement shall be made by laying temporary line/ by tanker/ mobile toilets obefore
disconnection of existing public utilities, so as to cost minimum inconvenience to the public.
When forced to disconnect existing sewers/ drainage facility, the Contractor shall install temporary pipes of
adequate size to carry off sewage/ drainage. No sewage/ driange shall be allowed to flow upon the ground
surface/ nallah or into the trench excavation.
No valve or other controls in public service facilities shall be operated by the Contractor without approval of
the Employer’s Representative and the relevant authorities. All users affected by such operation shall be
notified by the Contractor at least one hour before the operation and advised of the probable time when
service will be restored.
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6.40.4 AREAS OUTSIDE THE SITE
In the event of the Contractor making use of any special or temporary way or accommodation acquired by
him or any tip for the disposal of surplus materials, or any borrow pit or quarry, he shall obtain the written
consent of the owner, occupier or authority having charge of the land in which such way, accommodation or
tip is situated and shall make a record agreed by the owner, occupier or authority as aforesaid of the
condition of the surface of that land before entering thereon.
The Contractor shall permit the Employer or his representative and any person authorized by the NPS to
access for the purposes of the Contract to any such special or temporary way.
In the event of the Contractor making use of any special or temporary way leave or additional
accommodation mode available to him by the employer or his representative for the purpose of the Contract,
the land in which such way or accommodation is situated shall be deemed to be part of the Site. On
completion of the works at site, the Contractor shall reinstate the area to its original condition to the
satisfaction of the Employer or his representative.
For the purposes of this Clause, ‘accommodation’ shall be deemed to include housing, offices, workshops,
warehouses, and storage areas.
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The Contractor shall ensure that the parts of the Site to be occupied by the proposed Permanent Works are
clear, and shall maintain the remainder of the Site as may be required for access and temporary works areas
required for the project.
The Contractor shall remove the material arising from such clearance and dispose of it in a manner at a
location, to the approval of the Employer or his Representative.
The Contractor shall fill and make good with appropriate materials those cavities and losses of soil, which
result from clearing the parts of the Site not subsequently to be occupied by the Works.
The Contractor shall not clear the Site of any existing structure without the prior written instruction of the
Employer or his Representative.
For sewerage and water supply pipe line works works after refilling of trench contractor shall clean the site
from debris and other construction material without any undulation/hump/depressions in road profile. Before
making the payment of the laying of the pipe Employer’s Representative shall ensure the clean site
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6.48 SUBMISSIONS BY THE CONTRACTOR
physical progress for the report month and estimated progress for the next month;
any report which may be specifically requested by the Employer and/or the Employer’s
Representative.
These monthly progress reports shall be submitted not later than 7 days after the end of the report month.
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6.48.7 ANNUAL REPORT
I. The Contractor shall submit Annual Reports to the Employer and the Employer’s Representative
before the last day of the anniversary month following the year to which the report relates.
a. Summaries of quantities and characteristics of sewage received and treated at the Facility
during the reportingyear;
b. Overall performance of the Facility with highlights on non-compliance with Operational
Performance and Environmental PerformanceRequirements;
c. Summary of expiry dates for licences, permits and certificates for the Operation;
d. Summary of major equipment breakdown, repair, overhaul, renewal, replacement,
modification, Performance Tests;
e. Summary of incidents related to safety and health, environmental issues, security and
complaints;
f. Major modification, Tests and Surveys in the forthcoming 12months;
g. List of Changes ordered by the Employer, with details andstatus;
h. Summary of payments;and
i. Records of the Contractor’s financial performance including audited accounts with balance
sheets and profit/lossstatements.
II. Details of report formats shall be approved by the Employer.
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Permanent Works shall be of a quality at least equal to the approved sample. The approved samples may
only be disposed of with the Employer’s Representatives approval.
Samples shall be submitted and tests carried out sufficiently early to enable further samples to be submitted
and tested if required by the Employer’s Representative. Samples for testing will generally be selected by
the Employer’s Representative from materials to be utilized in the project and all tests will be under the
supervision of, and as directed by, and at such points as may be convenient to the Employer’s
Representative.
Material requiring testing shall be furnished in sufficient time before intended use so as to allow for testing.
No materials represented by tests may be used prior to receipt of written approval of said materials.
The Contractor shall give the Employer’s Representative 15 days notice in writing of the date on which any
of the materials will be ready for testing or inspection at the suppliers' premises or at a laboratory approved
by the Employer’s Representative and unless the Employer’s Representative shall attend at the appointed
place and time the test may proceed in his absence. The Contractor shall in any case submit to the
Employer’s Representative within 3 days after every test such number of certified copies of the test readings
as the Employer’s Representative may require.
Approval by the Employer’s Representative as to the placing of orders for materials or as to samples or tests
shall not prejudice any of the Employer’s Representative's powers under the Contract.
The provisions of this clause shall also apply to materials supplied under any nominated subcontract.
After all construction at each Section is completed and before applying for taking-over, the Contractor shall
perform field tests as called for in the Specifications. The Contractor shall demonstrate to the Employer’s
Representative the proper operation of the facilities and the satisfactory performance of the individual
components including all units and equipments, etc.. Any improper operation of the system or any improper
or faulty construction shall be repaired or corrected to the satisfaction of the Employer’s Representative. The
Contractor shall make such changes, adjustments or replacement of equipment as may be required to make
the same comply with the Specifications, or replace any defective parts or materials. In case any of the
section of works or equipment as noted by the Employers representative, does not function and fulfil the
requirement for which it is intended to ev, n after the same is repaired or corrected, that section of any work
or equipment shall be constructed/replaced. Costs towards such construction/replacement will be borne by
the contractor and no payment will be made to the contractor on this behalf. Some of the faulty equipment
may require total replacement without going in to repair; the descision regarding the replacement of faulty
unrepairable equipment will be made by Employers representative.
In addition to any special provision made herein as to sampling and testing materials by particular methods,
samples of materials and workmanship proposed to be employed in the execution of the Works may be
called for at any time by the Employer’s Representative and these shall be furnished without delay by the
Contractor at his own cost. Approved samples will be retained. The Employer’s Representative will be at
liberty to reject all materials and workmanship that are not equal or better in quality and character than such
approved samples.
The tests required for quality control shall include but not be limited to:
a) tests conducted at the premises of the Contractor, Subcontractor, manufacturer or supplier which
are normally or customarily carried out at such premises for the items or materials being supplied for
the Works
b) tests which are normally or customarily conducted on the items or materials being supplied for the
Works by the Contractor, Subcontractor, supplier or manufacturer but which have to be conducted
at an approved laboratory because the necessary testing facilities are not available on the premises
of the Contractor, Sub-Contractor, supplier and manufacturer
c) tests on locally obtained materials or items either on the Site or at an approved laboratory for the
purpose of obtaining the approval of the Employer’s Representative to the classification, use and
compliance with the Specifications of such items or materials
d) routine quality control tests conducted by the Contractor to ensure compliance with the
Specifications
e) regular testing of concrete and other materials as specified in the relevant section of the Technical
Specifications
f) Standard shop and Site acceptance tests, including trial assemblies, of Plant.
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6.49.3 INSPECTION AND ACCEPTANCE
The Employer’s Representative will not inspect any item of fabricated or finished work until such time as the
Contractor shall have forwarded to the Employer’s Representative the approved Construction Drawings
covering the items to be inspected, together with copies of the respective orders.
Manufactured items and materials delivered to the Site shall be inspected by the Contractor on arrival. Any
defects shall be notified to the Employer’s Representative.
Minor defects to surface finishes and the like in manufactured items shall be made good in an approved
manner to the satisfaction of the Employer’s Representative. Items with more serious defects shall be
returned to the suppliers for correction or replacement as appropriate. Detailed requirements pertaining to
Inspection, Testing and Commissioning for Civil, Electrical, Mechanical, Instrumentation works is as per
relevant IS standard. All the costs arising due to all the Inspection Testing & commissioning will be borne by
the contractor.
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The test equipment used for testing shall be calibrated at recognised test laboratories at intervals
recommended by the manufactures and valid certificates shall be made available to the Employer’s
Representative at the time of testing. The calibrating instrument used as standards shall be traceable to
National / International standards. Calibration certificates or test instruments shall be produced from a
recognized Laboratory for the Employer’s Representative consent in advance of testing and if necessary
instruments shall be recalibrated or substituted before the commencement of the test.
The Contractor shall not pack for shipment any part of the Plant until he has obtained from the Employer or
his authorized representative his written approval to the release of such part for shipment after any tests
required by the Contract have been completed to the Employer’s satisfaction.
The Contractor shall maintain proper identification of all materials used, along with reports for all internal /
stage inspection work carried out, based on the specific job requirement and or based on the data sheets /
drawings / specifications
The following inspection and test categories shall be applied prior to delivery of the equipment, of various
categories as indicated in the technical specifications for each type of the equipment.
Category A: The drawing has to be approved by the Employer’s Representative before manufacture and
testing. The material has to be inspected by the Employer’s Representative or a third party inspecting
agency approved by the Employer’s Representative at the manufacture’s premise before packing and
dispatching. The inspection charges of the agency shall be first borne by the Contractor which shall be
reimbursed after production of actual receipt along with the first running bill of material from the item of
provisional sums of BOQ.
Category B: The drawings of the equipment have to be submitted and approved by the Employer’s
Representative prior to manufacture. The materials has to be tested by the manufacturer and the
manufacturer’s test certificates are to be submitted and approved by the Employer’s Representative before
dispatching of the equipment. Not withstanding the above, the Employer’s Representative, after examination
of the test certificates, reserves the right to instruct the Contractor for retesting, if required, in the presence of
the Contractor’s representative.
Category C: Samples of the materials and / or equipment shall be submitted to the Employer’s
Representative for pre-construction review and approval in accordance with the provisions of Section ,
Following approval by the Employer’s Representative, the material may be manufactured as per the
approved standards and delivered to the Site.
For material / equipment under Category “A” and “B”, the Employer’s Representative will provide an
authorization for packing and shipping after inspection.
The testing and approval for dispatching shall not absolve the Contractor form his obligations for satisfactory
performance of the plant.
Category of
Sl. No. Items
Inspection
1. Cement Category A
2. Steel Category A
3. Brick Category A
4. Plants Category B
5. Stone Category B
6. Electrical Category A
7. Plumbing Category A
8. All laboratory Equipments Category B
Inspite of third party inspection all the materials may be got tested from the reputed institutions/Organization
as approved by the Employers representative and from the NABL accredited laboratories after reaching at
site. Decision regarding type of material shall be on sole discretion of Employer’s Representative. The costs
for all such tests shall be paid by the employer through provisional sum of the contractor.
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6.49.6 TESTS
If the Employer’s Representaive instructs the Contractor to carry out a test not specified in the
Specification to check whether any work has a Defect and the Contractor shall pay for the test and
any samples and the Contractor shall have to carry out such tests at no extra cost.
All material tests must conform to the IS code of practice.
The contractor shall facilitate the Third-Party quality tests of material and works done. The cost of
Third- Party test will be borne by the Contractor.
The contractor will be required to submit cement tests for each batch.
The contractor shall submit the concrete mix design for each batch of cement for the approval of the
Employer’s Representative.
Approved cement mix design shall only be used by the contractor for casting of concrete works.
The contractor shall submit Request for Inspection (RFI) for each stages of work for inspection.
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6.52 SITE RECORDS
Daily records of on-site testing and inspection shall be kept on forms of approved format. Test results shall
be certified by the responsible member of the Contractor's staff. All test certificates and inspection records
(including any from suppliers or other outside testing agencies) shall be clearly identified with the appropriate
part of the Works to which they refer, and they shall be submitted to the Employer’s Representative together
with the respective Passing Certificate.
Once each month, or at such other intervals as the Employer’s Representative may require, the Contractor
shall submit in an approved form a summary of all quality control inspections and tests performed at Site and
elsewhere in the intervening period.
Test results shall be summarized in tabular form or graphically or both in a way that best illustrates the
trends, specific results and specification requirements. Where the tests show that the specified requirements
were not achieved, the report shall describe the action that was taken.
Each report shall also contain a forecast of quality control work likely to be carried out during the period to be
covered by the succeeding report.
The Contractor shall keep detailed and up-to-date inventories in an approved form of goods and materials
already approved by the Employer’s Representative for which Passing Certificates have been issued as well
as of all other goods and materials subject to quality control which are on order, delivered, found faulty, lost
during the work or found to be surplus to requirements. The Employer’s Representative shall have access to
these records at all times.
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6.53 SPECIFICATIONS
The Contractor shall carry out the Works based on the Specifications included in this section. The section
comprises the following two parts:
All steel shall be procured from the original billet manufacturer who manufacture billets directly from
iron ores and roll the billets to produce steel conforming to IS:1786 and no rerolled steel will
be incorporated in the works. The rates for steel reinforcement for structures shall include all works
at various levels including foundation and superstructure and should be measured in kg.
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The design considerations described hereunder establish the minimum basic requirements of plain and
reinforced concrete structures, masonry structures and structural steel works. However, any particular
structure shall be designed for the satisfactory performance of the functions for which the same is being
constructed. The Contractor shall also take care to check the stability of partly completed structures.
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6.53.7 DESIGN LOADS
All buildings and structures shall be designed to resist the worst combination of the following loads/stresses
under test and working conditions; which includes dead load, live load, wind load, seismic load, stresses due
to temperature changes, shrinkage and creep in materials, dynamic loads.
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6.53.7.9 INDIVIDUAL MEMBERS LOAD
Individual members of the frame shall be designed for the worst combination of forces such as bending
moment, axial force, shear force, torsion, etc.
6.53.9 FOUNDATIONS
i. The depth of foundations for all type structures (building/frame/load bearing structures, liquid
retaining, etc.) shall be minimum 2 m for all types of Soil Strata except in Hard Rock strata it
shall be minimum 1.5 m from Natural Ground Level.
ii. Care shall be taken to avoid the interference of the foundations or any other component of the
new structure on the foundations or any other component of existing structure. Suitable
adjustments in depth, location and sizes shall be done depending on site conditions. There
shall be no extra claim for such adjustments.
iii. Special attention is drawn to danger of uplift being caused by the ground water table. Base raft
for underground structure shall be designed for uplift forces that are likely to be developed in
line of Clause 8 of IS 3370 (Part-1).
iv. Where there is level difference between the natural/ existing ground level and the foundations
of structure or floor slabs, this difference shall be filled up in the following ways: -
In case of non-liquid retaining structures the natural top soil shall be removed till a firm
stratum is reached (minimum depth of soil removed shall be 500 mm) and the level
difference shall be made up by compacted backfill as per specifications. However, the
thickness of each layer of the backfill shall not exceed 150 mm. The area of backfilling for
floor slabs shall be confined to prevent soil from slipping out during compaction. The safe
bearing pressure of this well compacted backfilled soil for design calculations shall not
exceed 100 KN/m2.
In case of liquid retaining structures, the natural top soil shall be removed as described
above and the level difference shall be made up with Plain Cement Concrete (1:5:10).
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v. The structural design and drawings shall be prepared considering Gross SBC of all types of
strata as 10 T/m2; if the SBC on testing is found to be more than 10 T/m2 at foundation depth
and if the SBC on testing is found to be less than 10 T/m2 at foundation depth the structure shall be
designed on the basis of actual SBC found on testing for which no extra payment will be made to
contractor. The foundations shall only be laid on firm strata or hard rock after removing any
decomposed rock or all loose material.
vi. Geotechnical Investigation Tests shall be got done from an approved Agency/Laboratory
(especially NABL Accredited).
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Section–6:Scope of Services (Employer’s Requirement)
(vi) Column / Wall footings : 300 mm
(vii) Parapet/Lintel Chajja : 125 mm
(viii) Precast trench cover : 75 mm
(ix) Any structural element with provision of Water Bars for : 250 mm
Water Tightness
6.53.12 JOINTS
Movement joints such as expansion joints, complete contraction joints, partial contraction joints and sliding
joints shall be designed to suit the requirements. However, contraction joints shall be provided at specified
locations in the submission in line of IS 3370 (Part-1).
Suitable gap at the location of expansion joints placed at a suitable interval not more than 30m shall be
provided in walls, floors and roof slabs of all structures.
Jointing fillers, water bars and joint sealants including primers shall be provided in line of IS 3370 (Part-1).
Approved PVC water-stops of 150 mm width and 8 mm thick shall be used for walls and 230 mm width and 8
mm thick for base slabs. Alternatively, GI sheet 150 mm wide and 20 mm gauge
Expansion joints for non-liquid retaining structures shall be provided as per IS 3414.
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Section–6:Scope of Services (Employer’s Requirement)
6.54 DRAWINGS
Employer’s Drawings Tender drawings as given in drawing section are provided as a guideline of the
specifications and work. All data and information furnished in the drawings by the Employer is given in
good faith, but the Employer does not guarantee their completeness and accuracy. The drawings shall
be verified by the Contractor who should point out errors or discrepancies to the Employer’s
Representative.
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Section–6:Scope of Services (Employer’s Requirement)
Page 49 of 51
Section–6:Scope of Services (Employer’s Requirement)
Experience Deductible
Total Work
In Similar per month if
S. No. Position Requirement Experience
Work not
[years]
[years] provided
In field office on
6 Architect -1 Bachelor of Architecture regular basis since 5 years 3 years 50,000
mobilization
In field office on
Landscape Architect, Masters in
7 regular basis since 5 years 3 years 50,000
Landscape Architecture
mobilization
In field office on
Heritage Expert, Masters in
8 regular basis since 5 years 3 years 50,000
Architectural conservations
mobilization
Note:
1. Personnel will be mobilized as per agreed key personnel mobilization schedule. Above proposed
recovery/deductions will be applicable if personnel are not mobilized as per agreed personnel schedule.
2. Design and field team shall be always available for any discussion or meeting at the Employer /Project
Management Consultant office whenever called.
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Section–6:Scope of Services (Employer’s Requirement)
listed below:
Excavator 2
Material trolly 6
Needle/Plate Vibrator 4
Dumper/Tipper lorries 4
Roller 1
Note: Equipment will be mobilized as per agreed equipment mobilization schedule. Above proposed
recovery/ deductions will be applicable if equipment are not mobilized as per agreed mobilization schedule.
Page 51 of 51
I
Prepared by Rajasthan Urban Drinking Water Sewerage and Infrastructure Corporation Limited-
External Aided Project (RUDSICO-EAP) for the Asian Development Bank.
Disclaimer: This initial environmental examination 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
on ADB’s website.
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.
II
CURRENCY EQUIVALENTS
(as of 30th June 2022)
Currency unit – Indian rupee (₹)
₹ 1.00(Indian Rupee) = $0.0126
$1.00 = ₹78.9732
ABBREVIATIONS
ADB – Asian Development Bank
BOCW – Building and other Construction Workers
CLC – City Level Committee
CPCB – Central Pollution Control Board
CTO – Consent To Operate
DBO – Design-Build-Operate
DPR – Detailed Project Report
EHS – Environmental Health And Safety
EIA – Environmental Impact Assessment
FCO – Fertilizer Control Ordinance
FSSM – Faecal Sludge and Septage Management
IEE – Initial Environmental Examination
IFC – International Finance Corporation
JMC – Sagwara Municipal Council
LSGD – Local Self Government Department
MOEFCC – Ministry of Environment, Forest and Climate Change
PHED – Public Health Engineering Department
PIU – Project Implementation Unit
PMU – Project Management Unit
PWD – Public Works Department
REA – Rapid Environmental Assessment
ROW – Right-Of-Way
RSPCB – Rajasthan State Pollution Control Board
RSTDSP – Rajasthan Secondary Towns Development Sector
Project
RUDSICO- – Rajasthan Urban Drinking Water Sewerage and
EAP Infrastructure Corporation Limited-Externally Aided
Projects
RUDSICO – Rajasthan Urban Drinking Water Sewerage and
Infrastructure Corporation
SEIAA – State Environmental Impact Assessment Authority
SPS – Safeguard Policy Statement, 2009
STP – Sewage Treatment Plant
ULB – Urban Local Body
WHO – World Health Organization
III
m3 – cubic meter
dB – decibels
o
C – degree centigrade
dia – diameter
kg – kilogram
kl – kilolitre
km – kilometre
kmph – kilometre per hour
KLD – kilolitres per day
ha – hectare
HP – horsepower
LPCD – liters per capita per
day
lps – liters per second
m – meter
mg – milligram
mm – millimetre
MCM – million cubic meter
MLD – million litres per day
km2 – square kilometre
NOTE
Contents
S.No. Chapter Page no.
EXECUTIVE SUMMARY
1. Rajasthan Secondary Towns Development Sector Project (RSTDSP), the fourth phase
financed by Asian Development Bank (ADB) and implemented by the Rajasthan Urban Drinking
Water Sewerage and Infrastructure Corporation Limited- External Aided Project (RUDSICO-
EAP), previously known as Rajasthan Urban Infrastructure Development Project (RUIDP).
RSTDSP seeks to improve water supply sewerage and other infrastructure services in secondary
towns of Rajasthan with populations between 20,000-115,000 through a sector loan modality.
The project is aligned with the following impact(s): (i) access to potable, affordable, reliable,
equitable, and environmentally sustainable drinking water supply in all urban areas of Rajasthan
improved; and (ii) health status of urban population, especially the poor and under-privileged
improved through improvements in sewerage systems of sub-project towns (iii) improvements in
other infrastructure services of some towns. Under RSTDSP, in Tranche-1; contracts for 14
project towns were awarded and execution of works are in full swing. RSTDSP will support the
ongoing efforts of the Government of Rajasthan towards improving the sewerage conditions of
13 towns through undertaking Faecal Sludge and Septage Management (FSSM) works from the
savings in project cost under Tranche-1 projects. RSTDSP will further take up improvements in
water supply, wastewater and other infrastructure services in about 23 towns under Tranche-2.
Government of Rajasthan (GoR) has decided to take up implementation of Water Supply,
Sewerage, Drainage, Faecal Sludge and Septage Management (FSSM) and other city
improvement works in about 23 towns under additional financing of US $200 million from Asian
Development Bank (ADB). Department of Economic Affairs (DEA), Govt. of India has agreed for
additional financing of these new projects.
2. The project is aligned with the following impact: Sagwara is a municipality in Dungarpur
district in the Indian state of Rajasthan. This project encompasses redevelopment of five lakes
(Masaniya Lake, Lohariya Lake, Gemaria Lake-01, Gemaria Lake-02, and Hariyala lake) and
development of a playground in the town. Implementation of the subproject will improve the
ecology of these wetlands and will restore the various features there including development of
green spaces and beautification of lakefronts. The subproject will also improve the link channel
connecting the four lakes of town which will effectively discharge the water from one lake to
another in a series. Thus the subproject will restore the five wetlands in the town , will improve
their ecosystem health. Improvement of link channel between lakes will help in flood mitigation by
effectively discharge of water and will also improve its water quality, acting as sediment
purification zone. Subproject will create new recreational space in the city around the lakes and
the play ground will open new avenues of sports in the town by creating facilities and space for
sports. There are following outputs of the projects -
4. Sagwara Lakes Redevelopment subproject is one of the subprojects proposed under the
investment component of RSTDSP. As a part of the city development and beautification; on the
basis of stakeholder consultations and field studies, it is proposed to rejuvenate five natural
wetlands on ecosystem based solutions. It will develop new recreational space for local public as
well as for tourists. New development is proposed to develop green space around the lakes and
improve link channel between the lakes for effective discharge of water from one lake to other in
extreme rains. Subproject also aims to Develop a Play Ground to provide sports opportunities to
students and youth. While designing the structures and landscape, ecosystem approach was
considered so that the interventions improve the ecosystem health of lakes and improve its water
quality and conserve its biodiversity.
6. Categorization. Environmental assessment has been conducted for the five lakes named
Masaniya, Lohariya, Gemaria-01, Gemaria02, and Hariyala Lake restoration and redevelopment
subprojects based on (i) preliminary detailed design, and (ii) most likely environmentally sensitive
components. The environmental assessment used ADB’s REA checklists for City Development
works. The environmental assessment of these five lakes Redevelopment subprojects is not likely
to have any significant adverse environmental impacts that are irreversible, diverse, or
unprecedented. Potential impacts are mostly site-specific and few of them are irreversible. In most
cases mitigation measures can be designed with uncomplicated measures commonly used at
construction sites and known to civil works contractors.
Project Scope –
7. The project is aligned with the following impact: Sagwara is a municipality in Dungarpur
district in the Indian state of Rajasthan. This project encompasses redevelopment of five lakes
(Masaniya Lake, Lohariya Lake, Gemaria Lake-01, Gemaria Lake-02, and Hariyala lake) and
development of a playground in the town. The subproject aims to restore the five lakes having a
collective area of 39.7 ha opting nature based solution and interconnecting the lakes for efficient
flood mitigation. A play ground is also proposed to be developed near community hall to facilitate
students and youth to provide them opportunity for sports activities.
Thus an aera of 2.52 ha is covered under the linking of lakes and development of green cover
along it. Link channel will connect Lohariya Lake, Gameria Lake-01, Gameriya Lake -02 and
Hariyala Lake.
ii. Development of Jetties: Wooden jetties are proposed to be developed in Lakes to facilitate
boating in the lakes. Jetties will be constructed in Masaniya lake, Gameriya lake -01.
iii. Construction of Public Toilet: Four toilet blocks are to be constructed near the lake to provide
public amenities for visitors.
iv. Development of existing Deck in Lohariya Lake.
v. Development of Walkways: Walkways are proposed around Lohariya Lake, Gameria Lake-
01, Gameriya Lake -02 and Hariyala Lake.
vi. Installation of decorative fountain in Lohariya Lake, Gameria Lake-01, Gameriya Lake -02 and
Hariyala Lake.
vii. Lighting, beautification , landscaping and providing street furniture proposed in the lakefront of
Lohariya Lake, Gameria Lake-01, Gameriya Lake -02 and Hariyala Lake.
viii. Plantation: It is proposed to develop green area along the link channel connecting the
lake. Avenue plantation around the lakes is also proposed. A total of 60,000 plants are to be
planted under the subproject. Plantation is to be taken up around the Lohariya Lake, Masaniya
Lake, Gameria Lake-01, Gameriya Lake -02 and Hariyala Lake. A green strip is proposed
alongside the link channel connecting the lake.
ix. Development of playground near the government school in an area of 12287 sq.m. which
includes tennis court, volleyball court, soccer ground, running track, and facilities for other sports.
8. Sagwara Lakes Redevelopment subproject is one of the subprojects proposed under the
investment component of RSTDSP. As a part of the City development and beautification; on the
basis of stakeholder consultations and field studies, it is proposed to rejuvenate five natural
wetlands on ecosystem based solutions. It will develop new recreational space for local public as
well as for tourists. New development is proposed to develop green space around the lakes and
improve link channel between the lakes for effective discharge of water from one lake to other in
extreme rains. Subproject also aims to Develop a Play Ground to provide sports opportunities to
students and youth. While designing the structures and landscape, ecosystem approach was
considered so that the interventions improve the ecosystem health of lakes and improve its water
quality and conserve its biodiversity.
10. Dungarpur district has no state protected monuments and there are two ASI protected
monuments in the district. These two ASI protected monument in the Dungarpur district are Jain
Temple at Baroda, which is located at about 25 km. aerial distance from Sagwara. Another ASI
protected monument is Somnath Temple at Devsomnath which is located at an aerial distance of
30 km. from Sagwara. Therefore, ASI permission is not required and no permission of state
archaeological department is required as there is no State Protected monument in the project ara
and in its close vicinity. There is no wildlife protected area located nearby the project site, the
nearest protected area is Sita Mata Wildlife Sanctuary which is located at an aerial distance of 65
km from the project area. The Dungarpur district has a dry climate with a hot season from April to
June.
11. As per the seismic zoning map of India, Sagwara town falls under the Zone-II, which
is the Low earthquake risk zone in India. No involuntary land acquisition of private land is
anticipated for this project. The project sites are located in government land around the five
wetlands and the proposed paly ground site is also government owned. Therefore, no impacts
shall be envisaged regarding location. These works will require advance permission from
concerned authority for traffic diversion etc. Cutting of tree if all required will be done after due
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permission and compensatory plantation, transplantation of trees with girth less than 50 cm will
be implemented.
12. Potential Environmental Impacts and Mitigation measures. Potential impacts were
identified in relation to location, design, construction of infrastructure. Project involves
interventions in five wetlands for their restoration and improvement of the interlinking channel for
effective discharge of water in view of flood mitigation and water balance of the lakes. PMU will
ensure that these works are completed timely. Site-specific occupational health and safety
(OH&S) Plan which will include measures such as: (a) excluding public from the site; (b) ensuring
all workers are provided with and use personal protective equipment; (c) OH&S Training for all
site personnel; (d) documented procedures to be followed for all site activities; and (e)
documentation of work-related accidents; etc to be developed and implemented during
construction phase. Measures against traffic accidents and vehicle collision with pedestrians -
Road signages, public information, hard barricades and deploy security personnel are considered
for community safety during construction phase. These are common temporary impacts of
construction in urban areas, and there are well developed methods for their mitigation. Mitigation
measures have been developed to reduce all negative impacts to acceptable levels.
13. Measures such as appropriate scheduling of works (non-monsoon season, low traffic
hours, etc.) and minimizing inconvenience by best construction methods will be employed. Traffic
management plan will be prepared by contractor before start of construction works. Proposed
facilities, after construction will have no environmental impacts.
14. Mitigation measures have been developed to reduce all negative impacts to
acceptable levels. Mitigation will be assured by a program of environmental monitoring to be
conducted during construction. The environmental monitoring program will ensure that all
measures are implemented and will determine whether the environment is protected as intended.
It will include observations on- and off-site, document checks, and interviews with workers and
beneficiaries. Any requirements for corrective action will be reported to the ADB.
15. Provision of sufficient cost (budgetary provision) for mitigating the anticipated impacts
by proposed subproject component is taken in project for effective implementation of the EMP.
Total estimated cost for EMP implementation is approx. INR 622,550/- (Rupees Six Lacs Twenty
Two Thousand Five Hundred Fifty only).
17. Locations and siting of the proposed infrastructures have limited and reduced impacts
owing to the fact that the redevelopment activities are located on government-owned land and
need no land acquisition and relocation of people; and.
coordination of all activities under the RUDSICO-EAP. The RUDSICO-EAP has engaged three
consulting firms – (i) Construction Management and Supervision Consultants (CMSC); (ii) Project
Management and Capacity Building Consultants (PMCBC); and (iii) Community Awareness and
Public Participation Consultant (CAPP) to provide support in implementation of RSTDSP project.
Presently PMU, PMCBC and CAPC consultants are working as core team in PMU, Jaipur. Two
CMSCs and two zonal PIUs (at Jaipur and Jodhpur) are also working with required staff. Project
Implementation Units (PIUs), one each of in all project towns, shall be set up directly to assist in
implementation. PMU will support PIUs in implementation, management and monitoring of the
project. PMU and PIUs will be assisted by CMSC, PMCB and CAPP. PIU will appoint construction
contractors to build infrastructure. Once the infrastructure is built and commissioned, the ULBs
shall maintain the facility. Project Officer (Environment) at PMU and Safeguard and Safety Officer
at each of the PIUs will be responsible for environment management and monitoring activities,
and will be supported by Safeguard support staff from Supervision Consultant, town staff/team
and Environment Safeguard Specialist of Supervision Consultants. Contractor personnel will also
include an Environment, Health and Safety (EHS) Engineer in the project construction team.
19. Consultation, Disclosure and Grievance Redress. The stakeholders were involved
in developing the IEE through discussions on-site, after which views expressed were incorporated
into the IEE and in the planning and development of the project. Informal and formal consultation
are conducted with local population of the area. Discussions were held about proposed project
components, EMP measures, grievance redressal, ownership of land, tree cutting, wastewater
and logging problems and general people perception for proposed project. Apart from on-site
public consultations, a stakeholder meeting of City Level Committee (CLC) was held and CLC
has appreciated and approved the subproject. The IEE will be made available at public locations;
this Draft IEE will be disclosed to a wider audience via the ADB and RUDSICO-EAP websites.
The consultation process will be continued and expanded during project implementation to ensure
that stakeholders are fully engaged in the project and have the opportunity to participate in its
development and implementation. A grievance redress mechanism (GRM) is described within the
IEE to ensure any public grievances are addressed quickly.
20. Monitoring and Reporting. The PMU, PIU and consultants will be responsible for
monitoring and reporting. During construction, results from internal monitoring by the DB
contractor will be reflected in their monthly EMP implementation reports to the PIU. PIU with the
assistance of CMSC, will monitor the compliance of contractor, prepare a quarterly environmental
monitoring report (QEMR) and submit to PMU. The PMU will oversee the implementation and
compliance and will submit semi-annual environmental monitoring reports (SEMR) to ADB. ADB
will post the environmental monitoring reports on its website. Monitoring reports will also be
posted RUDSICO-EAP websites.
21. Updating of IEE. This draft IEE prepared based on preliminary design shall be part of
tender documents, and this will be updated by contractor (in coordination with Environment
Safeguard Specialist (ESS) consultant), during Service Improvement Plan (SIP) preparation
(within three months of contract award) as per updated /changed scope of works/project locations
(if any) and revised IEE shall be submitted to ADB for approval and after approval from ADB shall
be applicable to contractor throughout the project. Contractor will also conduct Environmental
monitoring of baseline conditions of air, noise, water and soil and the same will be reflected in the
revised IEE to be prepared during SIP Period. This IEE is revisable document and can be revised
anytime during project implementation if there is any considerable change in scope of works,
change in location of component, change in cost due to addition or subtraction of components
etc. which can change the environmental impacts, and revised IEE shall supersede the earlier
version of IEE and shall be contractually applicable to the contractor after approval from
RUDSICO-EAP and ADB.
22. Conclusions. The citizens of the Sagwara will be the major beneficiaries of this
subproject. Implementation of project will Improved ambiance in lake area, restored lakes and
their ecosystem, improved water quality of lakes and infrastructure in Masaniya lake, Lohariya
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lake, Gemaria lake-01, Gemaria Lake-02, and Hariyala lake. Interlinking of lakes will help in flood
mitigation during the rainy season. Development of playground will provide sports opportunities
to the students and youth. Developed lakes and amenities over there will make the lakes most
visited places in Sagwara and will add in wellbeing of citizens by providing recreational opportunity
in natural landscape. Implementation of project will also help in long term sustainable
management of the lakes.
23. The proposed project is unlikely to cause significant adverse impacts. The potential
impacts that are associated with design and construction can be mitigated to standard levels
without difficulty through proper engineering design and the incorporation or application of
recommended mitigation measures and procedures. Based on the findings of the IEE, there are
no significant impacts and the classification of the project as Category “B” is confirmed. No further
special study or detailed environmental impact assessment (EIA) needs to be undertaken to
comply with ADB SPS (2009) or GoI EIA Notification (2006).
Obtain all statutory clearances at the earliest time possible and ensure
conditions/provisions are incorporated in the detailed design;
Include this IEE in bid and contract documents;
Commitment from PMU, PIUs, project consultants, and contractors to protect the
environment and the people from any impact during project implementation;
Update/revise this IEE based on detailed design and/or if there are unanticipated impacts,
change in scope, alignment, or location;
Conduct safeguards induction to the contractor upon award of contract;
Ensure contractor appointed qualified environment, health and safety (EHS) officers prior to
start of works;
Timely disclosure of information and establishment of GRM;
Involvement of contractors, including subcontractors, in first level GRM;
Strictly supervise EMP implementation;
Continuous consultations with stakeholders;
Documentation and reporting on a regular basis as indicated in the IEE.
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INTRODUCTION
A. Background
25. Following successful implementation of three projects in urban infrastructure
development, Government of Rajasthan through Rajasthan Secondary Towns Development
Sector Project (RSTDSP- IVth Phase of RUIDP) has decided for improvements in water supply,
sewerage and other infrastructure services in about 50 secondary towns of Rajasthan. Under
RSTDSP, tranche-I; water supply and sewerage works in 14 project towns1 are already under
implementation. RSTDSP will support the ongoing efforts of the Government of Rajasthan (GoR)
towards improving the sewerage conditions of 13 towns2 through undertaking Faecal Sludge and
Septage Management (FSSM) works from the savings in project cost under Tranche-1 projects.
Further Government of Rajasthan (GoR) under Tranche-II of RSTDSP; has decided to take up
implementation of Water Supply, Sewerage, Drainage, Faecal Sludge and Septage Management
(FSSM) and other city improvement works in about 23 towns3 with additional financing of Asian
Development Bank (ADB). Department of Economic Affairs (DEA), Govt. of India has agreed for
additional financing of these new projects under tranche-II. The focus of the RSTDSP investment
is on water supply, sewerage and other infrastructure services in towns. A series of subprojects
are being and will be implemented under the Project, with each subproject providing
improvements to water supply/ sewerage/drainage/road/city development works in project towns.
The programme goal is sustainable urban development in Rajasthan.
26. Sagwara Lakes and Playground development subproject is one of the subprojects
proposed under the investment component of RSTDSP. This project encompasses
redevelopment of five lakes (Masaniya, Lohariya, Gemaria-01, Gemaria 02, and Hariyala lake),
development of playground and inter connectivity of these five lakes. The five Lakes of Sagwara
despite being the important repository of water and biodiversity in the city are in dilapidated state
of their ecosystem and water quality. Restoration of these lakes, their sustainable management
and protection and stabilization their ecosystem health and water quality is urgently needed along
with development of public amenities. The Five Lakes of Sagwara has the potential to be
developed as an active zone, as a centre of recreation for local population. Implementation of
the subproject will restore the five lakes and their ecosystem health and beautification of their
lake front will improve the ambiance over their. Interconnection of lakes will help in flod mitigation
and development of green zone along the link channel will help in restoring the natural environ of
the city. Development of a playground and will provide sport opportunity to students and youth for
various sports.
B. Project description
27. Sagwara Lakes and Playground development subproject is one of the subprojects
proposed under the investment component of RSTDSP. As a part of the City development and
beautification; on the basis of stakeholder consultations and field studies, it is proposed to
rejuvenate five natural wetlands on ecosystem based solutions. It will develop new recreational
space for local public as well as for tourists. New development is proposed to develop green
1 Banswara, Abu Road, Sirohi, Sardarshahar, Kuchaman, Khetri and Mandawa (water supply and sewerage),
Ratangarh, Fatehpur, Pratapgarh, Ladnu, Didwana and Makrana (only Sewerage), Laxmangar (only water supply)
2 FSSM works proposed under savings in project costs of ongoing 14 towns; are- Shahpura (Jaipur), Jobner, Bandikui,
Neem ka Thana, Bari, Deeg, Pipibanga-Suratgarh, Shahpura (Bhilwara), Binder-Kanode, Gangapur, Bhawani Mandi,
dausa and Tijara Towns
3 Other towns proposed under tranche 2 are- Nokha and Dungarpur (water Supply and Sewerage), Jodhpur (Drainage
and Sewerage), Nimbahera (water supply), Sagwara (water supply, sewerage, road and other city improvements),
Bundi (Drainage, sewerage, water supply and other city improvement works), Nathdwara (water supply, road and other
city development works), Sojat City (city development and other works), Keshoraipatan (waste water), Bharatpur
(Sewerage and other city development works), Jaisalemer (sewerage and other city development works), Bhawani
Mandi (Drainage), Rajsamand (Sewerage), Navalgarh (drainage), Mount Abu ( city development, road and other
owrks), Balotra and Barmer (Sewerage works), Pilani and Pushkar (road and other infrastructure works), Jalore,
Karauli, Chomu and Kaman (FSSM works)
2
space around the lakes and improve link channel between the lakes for effective discharge of
water from one lake to other in extreme rains. Subproject also aims to Develop a Play Ground to
provide sports opportunities to students and youth. While designing the structures and landscape,
ecosystem approach was considered so that the interventions improve the ecosystem health of
lakes and improve its water quality and conserve its biodiversity.
28. ADB requires the consideration of environmental issues in all aspects of the Bank’s
operations, and the requirements for environmental assessment are described in ADB’s SPS,
2009. Accordingly, this initial environmental examination (IEE) has been conducted to assess the
environmental impacts and provide mitigation and monitoring measures to ensure that there are
no significant impacts because of the subproject. The potential environmental impacts of the
subproject have been assessed using ADB rapid environmental assessment (REA) checklist for
Urban Development (Appendix 1). Potential negative impacts were identified in relation to pre-
construction, construction and operation of the improved infrastructure, and results of the
assessment show that the subproject is unlikely to cause significant adverse impacts. Thus, this
IEE has been prepared in accordance with ADB SPS, 2009 requirements for environment
category B projects. This sub project is selected on the basis of environmental criteria of sub
project selection as per EARF of RSTDSP. Compliance checklist of for the same is attached in
Appendix 5.
D. Scope of IEE
29. Sagwara Lakes and Playground development subproject is proposed for implementation
under the design and build- (DB) modality, where in which the design is carried out by the
consultant based on survey and investigations and stakeholder consultation. Thus, this IEE is
based on the Detailed Project Report, prepared by RUDSICO-EAP PMU. The IEE is based mainly
on field reconnaissance surveys and secondary sources of information. No field monitoring
(environmental) survey was conducted; however, the environmental monitoring program
developed as part of the environmental management plan (EMP) will require the contractors to
establish the baseline environmental conditions prior to commencement of civil works. The results
will be reported as part of the environmental monitoring report and will be the basis to ensure no
degradation will happen during subproject implementation. Stakeholder consultation was an
integral part of the IEE.
31. This draft IEE needs to be updated by contractor (in coordination with ESS of consultant),
during SIP preparation (within three months of contract award) as per changed scope of works (if
any) and revised IEE shall be submitted to RUDSICO-EAP (PMU) for approval and after approval
from PMU it shall be submitted to ADB. After approval from ADB, revised IEE shall be applicable
to contractor throughout the project. Contractor will conduct baseline environmental monitoring
for ambient air, noise, water and soil during pre-construction stage (to be incorporated in revised
IEE) and periodical (quarterly) environmental monitoring in construction phase.
32. The implementation of the subprojects will be governed by Government of India and
Rajasthan and other applicable environmental acts, rules, regulations, and standards.
Environmental safeguards will be followed in accordance with the ADB SPS, 2009. During the
design, construction, and operation of the project the borrower/client will apply pollution
prevention and control technologies and practices consistent with international good practice, as
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F. Report Structure
33. This Report contains the following eleven (11) sections including the executive
summary at the beginning of the report:
Executive summary;
I. Introduction;
II. Description of the project;
III. Analysis of alternatives;
IV. Policy, legal and administrative framework;
V. Description of the environment;
VI. Anticipated environmental impacts and mitigation measures;
VII. Public consultation and information disclosure;
VIII. Grievance redress mechanism;
IX. Environmental management plan; and
X. Conclusions and recommendations.
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I.DESCRIPTION OF PROJECT
A. Sagwara Town
34. Sagwara is a town in Dungarpur district of Rajasthan state in India. It is situated 525 km off
from State capital Jaipur. It is well connected to other major cities of Rajasthan by road and rail
network. The town is situated at latitude 23.668° in the north and longitude 74.02° in the east
(Figure 1). It has an average elevation of 244 metres. The geographical area of the city is about
7.68 sq. km. As per 2011 census, population of the town is 29,349 people. Sagwara is famous
for its sculpture, marble carving, temple architecture and gold jewellery. It is a major trading hub
for nearby villages.
Figure 1. Location Map of Sagwara
Water Supply
35. Presently major source of Water at Sagwara town is surface water from Lodeshwar Dam.
5
The town is also benefited from 6 no. of tube wells at various locations in the city. The water from
Loeshwar dam is getting treated at 7.1 WTP (for rural and urban scheme), situated at 700 m from
dam. Additional new source of surface water from “Beneshwar Anicut” which is about 29 km
from Sagwara town. Recently a new drinking Water Supply Project has been approved by PHED
which will provide treated drinking water from Beneshwar Anicut to Sagwara town. Sagwara will
get deficit water (excluding GW) from this project of PHED.
36. Water supply of Sagwara town is proposed to be further strengthened under Rajasthan
Secondary Towns Development Sector Project (RSTDSP) – Water Supply, and Sewerage Works
Project in Sagwara Town, District - Dungarpur, Rajasthan
37. There is no organised drainage system in Sagwara. Sagwara town is facing severe drainage
problem resulting water logging on roads and low lined areas during the rainy season, even
though the rain is moderate. The surface runoff from the town finally gets accumulated in every
monsoon season in the outskirts of town in low lying areas.
Sewerage
38. At present, there is no sewerage system in place in Sagwara. Presently the wastewater
from kitchens & bathrooms is discharged into storm water drains culminating finally to the
Nallah or on ground, which pollutes the environment and contaminates the ground water.
Open defecation is not uncommon. Therefore, untreated wastewater and septic tank effluent
from uncovered areas are discharged into open drains sullage and accumulated in the low-
lying areas in the outskirts of the town. Most of the residential and commercial buildings and
educational institutions have on-site septic tanks and soak pits. Though septic tanks are an
accepted onsite treatment, as the septic tanks are not designed and maintained properly, the
effluent does not confirm to the standards. The effluent from the septic tanks is directly let
into the open drains.
39. Sewerage system of Sagwara is proposed to be strengthened under Rajasthan Secondary
Towns Development Sector Project (RSTDSP) – Water Supply, and Sewerage Works Project in
Sagwara Town, District - Dungarpur, Rajasthan
Restoration of five lakes of sagwara and their interconnectivity to improve flood water
discharge and flood mitigation.
Lake Front development including its beautification, lighting , development of green area,
development of jetties, installation of decorative fountains, providing street furniture and to develop
other amenities to convert the dilapidated lake front into a centre of recreation .
42. Interconnecting Lakes: Four Lakes namely, Lohariya Lake, Gamariya Lake -01,
Gamariya Lake -02 and Hariyala Lake are proposed to be interconnected. Interconnecting the
lakes will help in flood mitigation and improvement of water quality through sediment filtration.
Green zone will be schematically developed along the link channel to restore the natural environ
of city. Proposed linking of channel is depicted in Figure-1. The bed of the channel will be planted
with submerged plant species while shrubs and native trees will be panted along the bank of
channel as per section provided in Fig. 1 and the schematic arrangement of plantation is provided
in Figure-3.
Prevailing Issues:
43. The problems/issues for the various sectors have been identified on the basis of in-depth
analysis of each sector of Sagwara Lakes and discussions with the stakeholders. The sectors
include tourism & heritage, infrastructure including water supply, sewerage, storm water
drainage, solid waste management and transportation, environment. The major sectoral
issues evolved from the assessment are as follows:
Existing channel linking the Sagwara lakes is in dilapidated status and is not able to
discharge the water from one lake to other lakes. This channel is important in view of
flood discharge also.
Lack of tourist infrastructure for visitors including local public and tourist.
The tourism potential of the lake is not being explored due to poor infrastructure in
Lakefront.
No proper signage boards and touristinformation points at the lake.
Bins not available at convenient locations.
Insufficient parking.
Street furniture, road and tourism signage are also insufficient.
Lack of visual aesthetics.
Incompatible interventions and change in original fabric of heritage due to lack
of resources.
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Figure 2. Google base map showing the land use in surrounding of lake
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Figure – 3 Development works at Five Lakes of Sagwara Mater layout in google map
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Figure 6: Development of wetland with arrangement of plant species in different elevation of land surrounding the lakes
QUANTITY OF PLANTATION
Following quantities of plantation
are proposed in the subproject
based on ecosystem specific
habitats.
1. Submerged 20397
Plants
2. Shrub 37400
Native
4. 8055
Trees
2
Figure. 7. Existing condition and Various work components under Masaniya lake restoration
Fig. 8. Existing condition and Various work components under Lohariya lake restoration
Photograph Showing
existing condition of
Proposed Development of
Gamariya Lake-2
Table 1: Proposed Scope of Work under Lakes and playground development at Five
Lakes of Sagwara.
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1 Interlinking of lakes Lakes will be interconnected Link channel will connect Lohariya
through a link channel and alsong Lake, Gameria Lake-01, Gameriya
the link channel plantation will be Lake -02 and Hariyala Lake. Lakes
done with native pant species. as well as the Channel to be
Selection of species of plant will redeveloped is government land.
be done based on water level
(Submerged, emerged, shrubs
and tree species. Length of the
link channel is 2.1 km. and the with
of the link channel including the
plantation area is 12 meters. Thus
an aera of 2.52 ha is covered
under the linking of lakes and
development of green cover along
it.
2 Development of Jetty Wooden jetties are proposed to be Jetties will be constructed in
developed in Lakes to facilitate Masaniya lake, Gameriya lake -01
boating in the lakes. and the lakes and jetty sites are
government land.
3 Construction of Public Four toilet blocks are to be Toilet blocks are proposed near
Toilet constructed near the lake to Masaniya Lake, Lohariya Lake,
provide public amenities for Hariyala Lake and the proposed
visitors. site for construction of toilet blocks
is government land.
4 Development of existing Re development of existing deck Renovation of existing deck is
Deck is proposed. proposed at Lohariya Lake which is
government owned.
5 Development of Walk way Walkways around the five lakes Walkways are proposed around
are proposed. Lohariya Lake, Gameria Lake-01,
Gameriya Lake -02 and Hariyala
Lake. The land for walkway
development is government land.
6 Installation of decorative Five decorative fountains are Decorative fountains are proposed
fountain proposed in lakes. to be installed in Lohariya Lake,
Gameria Lake-01, Gameriya Lake -
02 and Hariyala Lake. The lakes
are owned by government.
7 Lighting, beautification , Lighting, beautification and Lighting, beautification,
landscaping and providing landscaping is proposed in all five landscaping and providing street
street furniture. lakes under subproject. furniture is proposed in the
lakefront of Lohariya Lake,
Gameria Lake-01, Gameriya Lake -
02 and Hariyala Lake. The lakes as
well as area for landscaping,
lighting and beautification is owned
by government.
8 Plantation It is proposed to develop green Plantation is to be taken up around
area along the link channel the Lohariya Lake, Masaniya Lake,
connecting the lake. Avenue Gameria Lake-01, Gameriya Lake -
plantation around the lakes is also 02 and Hariyala Lake. A green strip
proposed. A total of 60,000 plants is proposed alongside the link
are to be planted under the channel connecting the lake. Lakes
subproject. as well link channel and other
areas proposed for plantation are
owned by government.
5
48. Google location of proposed intervention in Lakes and Playground is given in Figure 16
&Figure 17.
CONSTRUCTION MATERIAL
49. Various interventons are proposed under Sagwara Lake and playground development
subproject. It includes development of channel linking lakes, lakefront development,
development of public amenities, lighting, etc. The quantities of major items of construction
material is provided in Table 3.
Table. 3 Quantities of major construction material
S.No. Construction maerial Quantity
1. Reinforced Cement Concrete 3467 Cum
2. Stone mesonry 2733 Cum
4. Steel 195.73 Tones
Figure 16: Location of Proposed Five Lakes restoration at Sagwara (Source Google Earth )
Subproject Benefits
52. The subproject is primarily designed to restore the five lakes of Sagwara and interconnect
them in a series for efficient discharge of water during floods. Following benefits are envisaged from
subproject; (i) Interconnecting of lakes will also help in improving the water quality of lake waters as
the link channel is designed applying ecosystem approach and while water travels through the link
channel it will get filtered in channel bed sediments. (ii) The Lake front development and
beautification of lakes will develop new venues of recreation for the people and improve the lakefront
infrastructure including lighting, plantation , providing street furniture and other amenities. (iii)
Development of playground will provide sport opportunity to the student and youth. (iv) Above all
restoration and landscaping in five lakes will restore the five wetlands and protect any future
encroachment (V) implementation of subproject will improve the water quality and ecosystem health
of five lakes of Sagwara. These all developments would be on Ecosystem based solution.
D. Implementation Schedule
53. Subproject is proposed for implementation under Works modality, wherein which the
successful bidder will implement the construction which will be transferred to Sagwara Municipal
Authority. Therefore, at this stage, subproject is designed only in outline, and the details of
components of the subproject provided in the previous sections are as finalized at this stage based
on the Detailed Project Report and as included in the bid documents. This IEE is based on the
subprojects and components detailed in the table 2, and the IEE will be further updated during the
construction phase if any change in scope or design during pre-implementation phase.
54. Design and estimates are prepared for the subproject and bids may be invited in June
2022 for the subproject to be implemented under the DB modality. After evaluation of Bids work may
be awarded to successful bidder up to September 2022. Project duration of construction is 18
months. After completion of construction, it will be handed over to Municipal Council, Sagwara for
maintenance.
II.ANALYSIS OF ALTERNATIVES
55. No Project Alternative: The ‘No project scenario’ is analysed with respect to the
development of Five Lakes of Sagwara Lakefront in Sagwara City as a requirement of restoration of
wetlands and to improve their water quality, ecosystem health and protection from any encroachment
in future. Creation of new venues of recreational opportunity for citizens of Sagwara and consequent
well-being of its citizens is another objective of subproject. Implementation of project will enhance
the aesthetics and increase the number of visitors to the place. If the subproject is not implemented,
it is very likely that the lakes and their water quality and ecosystem health will further deteriorate in
further. Also, the subproject aims to create new recreational areas and sports ground In Sagwara
and in absence of the same there will be less opportunity for citizens for recreation and less
opportunity for students and youth for sports activities. the absence of the proposed subproject,
Sagwara Municipal Council (SMC) will also find it difficult to generate revenue. Therefore, ‘project
with alternatives’ scenario, with its little or no adverse impacts is more acceptable than ‘No project
scenario’ which would mean an aggravation of the existing problems. Potential benefits of the
proposed project are substantial and far reaching both in terms of the geographical spread and time.
8
56. With Project Alternative: Alternatives in terms of location (alignment) option is not
available as the project is about restoration and interlinking of existing lakes. With the project, the
existing area will restore the lake and their ecosystem and will help in flood mitigation and provide
sports opportunity to student and youth. It will become more interactive place for citizens and will
improve the visitors to the place. Therefore, this is a timely required project to restore the lakes of
Sagwara and protect them from any encroachment, help flood mitigation, develop green area and
facilitate the socioeconomic development of the Sagwara city and ultimately for the development of
the country.
57. The ADB SPS 2009 requires an analysis of project alternatives to determine the best
POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORKS.
58. ADB SPS Requires that during the design, construction, and operation of the project
necessary compliance to all applicable laws and international conventions / treaties along with
pollution prevention and control technologies and practices consistent with international good
practice, are ensured.
59. ADB uses a classification system to reflect the significance of a project’s potential
environmental impacts. A project’s category is determined by the category of its most environmentally
sensitive component, including direct, indirect, cumulative, and induced impacts in the project’s area
of influence. Each proposed project is scrutinized as to its type, location, scale, and sensitivity and
the magnitude of its potential environmental impacts. Projects are assigned to one of the following
four categories:
(i) Category A. A proposed project is classified as category A if it is likely to have significant adverse
environmental impacts that are irreversible, diverse, or unprecedented. These impacts may affect an
area larger than the sites or facilities subject to physical works. An Environmental Impact Assessment
(EIA) is required.
(ii) Category B. A proposed project is classified as category B if its potential adverse environmental
impacts are less adverse than those of category A projects. These impacts are site-specific, few if
any of them are irreversible, and in most cases mitigation measures can be designed more readily
than for category A projects. An initial environmental examination (IEE) is required.
(iii) Category C. A proposed project is classified as category C if it is likely to have minimal or no
adverse environmental impacts. No environmental assessment is required although environmental
implications need to be reviewed.
(iv)Category FI. A proposed project is classified as category FI if it involves investment of ADB funds
to or through a FI.
60. The environmental impacts of Redevelopment of Five Lakes of Sagwara Lake at Sagwara
subproject have been identified and assessed as part of the planning and design process. An
environmental assessment using ADB’s REA checklist for City Development (see Appendix 1) was
conducted, and results of the assessment show that the subproject is unlikely to cause significant
adverse impacts. Thus, this IEE has been prepared in accordance with ADB SPS’s requirements for
environment category B projects.
61. Environmental Management Plan. An EMP which addresses the potential impacts and
risks identified by the environmental assessment shall be prepared. The level of detail and complexity
9
of the EMP and the priority of the identified measures and actions will be commensurate with the
Project’s impact and risks.
62. Environmental Audit of Existing Facilities. ADB SPS, 2009 requires an environmental
audit, if a subproject involves facilities and/or business activities that already exist or are under
construction, including an on-site assessment to identify past or present concerns related to impacts
on the environment. The objective of this compliance audit is to determine whether actions were in
accordance with ADB’s safeguard principles and requirements for borrowers/clients, and to identify
and plan appropriate measures to address outstanding compliance issues.
63. Public Disclosure. The IEE will be put in an accessible place (e.g., local government
offices, libraries, community centres, etc.), and a summary translated into local language for the
project affected people and other stakeholders. The following safeguard documents will be put up in
ADB’s website so that the affected people, other stakeholders, and the public can provide meaningful
inputs into the project design and implementation:
o For environmental category A projects, a draft EIA report at least 120 days before Board
consideration;
o Final or updated EIA and/or IEE upon receipt; and
o Environmental monitoring reports submitted by the PMU during project implementation upon
receipt.
64. Consultation and Participation. ADB SPS, 2009 requires borrower to conduct
meaningful consultation 4 with affected people and other concerned stakeholders, including civil
society, and facilitate their informed participation. The consultation process and its results are to be
documented and reflected in the environmental assessment report.
65. Grievance Redress Mechanism. ADB SPS, 2009 require borrowers to establish a
mechanism to receive and facilitate resolution of affected people’s concerns, complaints, and
grievances about the subproject’s performance. The grievance mechanism shall be scaled to the
risks and adverse impacts of the subproject.
66. Monitoring and Reporting. Borrower shall monitor, measure and document the
implementation progress of the EMP. If necessary, the borrower shall identify the necessary
corrective actions, and reflect them in a corrective action plan. Borrower shall prepare and submit to
ADB semi-annual environmental monitoring reports that describe progress with implementation of
the EMP and compliance issues and corrective actions, if any. For subprojects likely to have
significant adverse environmental impacts during operation, reporting will continue at the minimum
on an annual basis until ADB issues a project completion report.
4 Per ADB SPS, 2009, meaningful consultation means a process that (i) begins early in the project preparation stage and
is carried out on an ongoing basis throughout the project cycle 1; (ii) provides timely disclosure of relevant and adequate
information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of
intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and
vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into
decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities,
and implementation issues.
10
68. Occupational Health and Safety. ADB SPS, 2009 requires the borrower5 to ensure that
6
workers are provided with a safe and healthy working environment, taking into account risks inherent
to the sector and specific classes of hazards in the subproject work areas, including physical,
chemical, biological, and radiological hazards. Borrower shall take steps to prevent accidents, injury,
and disease arising from, associated with, or occurring during the course of work, including: (i)
identifying and minimizing, so far as reasonably practicable, the causes of potential hazards to
workers; (ii) providing preventive and protective measures, including modification, substitution, or
elimination of hazardous conditions or substances; (iii) providing appropriate equipment to minimize
risks and requiring and enforcing its use; (iv) training workers and providing them with appropriate
incentives to use and comply with health and safety procedures and protective equipment; (v)
documenting and reporting occupational accidents, diseases, and incidents; and (vi) having
emergency prevention, preparedness, and response arrangements in place.
69. Community Health and Safety. ADB SPS, 2009 requires the borrower to identify and
assess risks to, and potential impacts on, the safety of affected communities during the design,
construction, operation, and decommissioning of the subproject, and shall establish preventive
measures and plans to address them in a manner commensurate with the identified risks and
impacts.
70. Physical Cultural Resources. Borrower is responsible for siting and designing the
subproject to avoid significant damage to physical cultural resources. ADB SPS, 2009 requires that
such resources likely to be affected by the subproject are identified, and qualified and experienced
experts assess the subproject’s potential impacts on these resources using field-based surveys as
an integral part of the environmental assessment process. When the proposed location of a
subproject component is in areas where physical cultural resources are expected to be found as
determined during the environmental assessment process, chance finds procedures shall be
included in the EMP.
71. ADB SPS International Best Practice Requirements. ADB SPS, 2009 requires that,
during the design, construction, and operation of the project, the executing agency shall apply
pollution prevention and control technologies and practices that are consistent with international good
practice, as reflected in internationally recognized standards such as the World Bank Group’s
Environment, Health and Safety (EHS) Guidelines. (IFC’s General EHS Guidelines 7 and Sector
Specific [Water and Sanitation] Guidelines 8 ). These standards contain performance levels and
measures that are normally acceptable and applicable to projects. These standards contain
performance levels and measures that are normally acceptable and applicable to projects. When
Government of India regulations differ from these levels and measures, the PMU and PIUs will
achieve whichever is more stringent. If less stringent levels or measures are appropriate in view of
specific project circumstances, the PMU and PIUs will provide full and detailed justification for any
proposed alternatives that are consistent with the requirements presented in ADB SPS, 2009.
B. National Laws
5 In case where responsibility is delegated to subproject contractors during construction phase, borrower shall ensure that
the responsibilities on occupational health and safety are included in the contract documents.
6 Including nonemployee workers engaged by the borrower/client through contractors or other intermediaries to work on
project sites or perform work directly related to the project’s core functions.
7 https://www.ifc.org/wps/wcm/connect/554e8d80488658e4b76af76a6515bb18/Final%2B%2BGeneral%2BEHS%2BGuide
lines.pdf?MOD=AJPERES
8 https://www.ifc.org/wps/wcm/connect/e22c050048855ae0875cd76a6515bb18/Final%2B%2BWater%2Band%2BSanitatio
n.pdf?MOD=AJPERES
11
72. The implementation of the subprojects will be governed by Government of India and State
of Rajasthan and other applicable environmental acts, rules, regulations, and standards. These
regulations impose restrictions on the activities to minimize or mitigate likely impacts on the
environment. It is the responsibility of the project executing and implementing agencies to ensure
subprojects are consistent with the legal framework, whether applicable international, national, state
or municipal or local. Key standards include those related to drinking water quality, air quality, effluent
discharge, and protected areas. Compliance is required in all stages of the subprojects including
design, construction, and operation and maintenance.
74. Category A projects requires environmental clearance from the central Ministry of
Environment, Forests and Climate Change (MOEFCC). The proponent is required to provide
preliminary details of the project in the prescribed manner with all requisite details, after which an
Expert Appraisal Committee (EAC) of the MOEFCC prepares comprehensive terms of reference
(TOR) for the EIA study. On completion of the study and review of the report by the EAC, MOEFCC
considers the recommendation of the EAC and provides the environmental clearance if appropriate.
75. Category B projects require environmental clearance from the State Environment Impact
Assessment Authority (SEIAA). The State level EAC categorizes the project as either B1 (requiring
EIA study) or B2 (no EIA study) and prepares TOR for B1 projects within 60 days. On completion of
the study and review of the report by the EAC, the SEIAA issues the environmental clearance based
on the EAC recommendation. The Notification also provides that any project or activity classified as
category B will be treated as category A, if it is located in whole or in part within 10 km from the
boundary of protected areas, notified areas or inter-state or international boundaries.
76. None of the components of this Five Lakes of Sagwara Lake Redevelopment subproject
falls under the ambit of the EIA Notification 2006, and, therefore EIA Study or environmental
clearance is not required for the subproject.
77. Rajasthan Lake (Protection and Development) Authority: Lakes of Sagwara are not
notified by Rajasthan Lake (Protection and Development) Authority.
Relevance to
Law Description Requirement
Project Phase
Policy (NEP), environmental conservation conservation of environmental
2006. programs and legislations by resources and abatement of
Central, State and Local pollution”.
Government. The dominant theme
of this policy is to promote
betterment of livelihoods without
compromising or degrading the
environmental resources. The
policy also advocates collaboration
method of different stakeholders to
harness potential resources and
strengthen environmental
management.
Rajasthan State Follows the National Environment Project implementation should All phases of
Environment Policy, 2006 and core objectives adhere to the policy aims of: project
Policy, 2010 and policies are: -Conserve and conservation and enhancement
And Rajasthan enhance environmental resources; of environmental resources,
Environment assure environmental sustainability integration of environmental
Mission and of key economic sectors; and, concerns into projects/plans,
Climate Change improve environmental governance and capacity building in
Agenda for and capacity building environmental management.
Rajasthan (2010- - it recommends specific strategies
14) and actions to address the key Relevant recommendations for
environmental issues: water the project include control of
resources, desertification and land losses, integrated water
degradation, forest and biodiversity, resources management, control
air quality, climate change: adoption of raw water pollution18, reuse
and mitigation, mining, industry, and recycling.
tourism, energy, urban
development, etc. Avoid/minimize use of forest
- Establishment of Environment lands.
Mission under the chairpersonship
of the Chief Minister and a Steering With reference to climate change
Committee under the adoption and mitigation following
chairpersonship of Chief Secretary, should be considered in the
Government of Rajasthan project: (i) diminishing flows in
Tasks force set up for six key areas surface water bodies, and
groundwater depletion, and
revival traditional water bodies
as water sources (lakes/tanks);
(ii) equal stress on demand side
management in water; and (iii)
minimize energy use - design
energy efficiency systems.
EIA Projects indicated in the schedule of None of the components of this Not applicable
Notification,2006 this notification require EIA study subproject falls under the ambit
and environmental clearance. of the notification; no EIA study
or environmental clearance
required
Central Ground Public Notice specifies districts and Subprojects belonging to the Not applicable
Water Authority areas where there are restrictions Notified Areas in the Public
Public Notice on the construction and installation Notice and will require new
2/100 of any new structure for extraction of structures on extracting
groundwater resources without groundwater should seek the
specific approval from the CGWA
13
Relevance to
Law Description Requirement
Project Phase
permission from the Central
Groundwater Authority
Public Health PHED Office Order states that the Subprojects with components Not applicable
Engineering State Government is instructed that shall secure permits from the
Department Office permits for any new tube wells, bore District Collector for components
Order P5 (1) PHE- wells or any structures extracting that include any new tube wells,
2010 dated July 14 ground water shall be secured from bore wells or structures
2020 the District Collector extracting groundwater
Water (Prevention Act was enacted to provide for the Not applicable
and Control of prevention and control of water
Pollution) Act of pollution and the maintaining or
1974, Rules of restoring of wholesomeness of
1975, and water, by Central and State
amendments Pollution Control Boards and for
(1987) conferring on and assigning to
CPCB/SPCBs powers and
functions relating to water pollution
control.
Control of water pollution is
achieved through administering
conditions imposed in consent
issued under provision of the Water
(Prevention and Control of
Pollution) Act of 1974. These
conditions regulate the quantity and
quantity of effluent, the location of
discharge and the frequency of
monitoring of effluents. Any
component of the subproject having
the potential to generate sewage or
trade effluent will come under its
purview. Such projects have to
obtain Consent to establish (CTE)
under Section 25 of the Act from
Rajasthan State Pollution Control
Board (RSPCB) before starting
implementation and Consent to
Operate (CTO) before
commissioning.
Air (Prevention and This Act was enacted to achieve The following will require CTE Construction
Control of prevention, control and abatement and CTO from RSPCB: (i)
Pollution) Act of of air pollution activities by Diesel generators (more than 15
1981, Rules of assigning regulatory powers to KVA); (ii) Batching Plant hot mix
1982 and Central and State boards for all plants; and (iii) stone crushers, if
amendments. such functions. The Act also installed for construction.
establishes ambient air quality
standards. All relevant forms, prescribed
The projects having potential to emit fees and procedures to obtain
air pollutants into the atmosphere the CTE and CTO can be found
have to obtain CTE and CTO under in the RSPCB website
Section 21 of the Act from RSPCB. (http://environment.rajasthan.go
The occupier of the project/facility v.in)
has the responsibility to adopt
14
Relevance to
Law Description Requirement
Project Phase
necessary air pollution control If ready mix concrete and hot mix
measures for abating air pollution. bitumen is procured from third
party, contractor has to ensure
that the plants, from where
material is being purchased is
having CTE/CTO and copy
should be collected from third
party and submitted in PIU
Biodiversity Act of This Act primarily addresses access Not Applicable Not applicable
2002 to genetic resources and associated
knowledge by foreign individuals,
institutions or companies, to ensure
equitable sharing of benefits arising
out of the use of these resources
and knowledge to the country and
the people.
Wildlife Protection This overarching Act provides Desert National Park is situated Not Applicable
Act, 1972 and protection to wild animals, birds, in Sagwara at approx. 30 Km
amendment 1991 plants and matters connected with aerial distance from municipal
habitat protection, processes to boundary of Sagwara. None of
declare protected areas, regulation the components of the
of wildlife trade, constitution of state subproject are located near or
and national board for wildlife, zoo within the protected Area.
authority, tiger conservation Therefore, this act is not
authority, penalty clauses and other applicable
important regulations.
Forest The Forest (Conservation) Act Not applicable; none of the Not Applicable
(Conservation) prohibits the use of forest land for components of the subproject
Act, 1980 non-forest purposes without the are located in forest.
approval of Ministry of Environment
Forests & Climate Change
(MoEFCC), Government of India
Environmental This is an “umbrella” legislation that There are rules / notifications Construction
(Protection) Act, empowers the Central Government that have been brought out
1986 amended in to take all necessary measures to under this Act, which are
1991 and the protect and improve the quality of relevant to RSTDSP, and are
following the environment and prevent, listed below
rules/notifications: control and abate environmental
pollution.
Empowers central government to
enact various rules to regulate
environmental pollution, including
standards for quality of air, water,
noise, soil; discharge standards or
allowable concentration limits for
environmental pollutants, handling
of hazardous substances,
locating/prohibiting industries, etc.,
Environmental Emissions and discharges from the Appendix 2 provides ambient Construction
Standards facilities to be created or refurbished air quality standards, Appendix
(ambient and or augmented shall comply with the 4 provides emission limits for
discharge). notified standards vehicle exhaust and Appendix
2A provides emission limits of
DG sets and Appendix 2B
provided emission stack height
15
Relevance to
Law Description Requirement
Project Phase
requirements for diesel
generators
Noise Pollution Rule 3 of the Act specifies ambient Appendix 3A provides Construction
(Regulation and air quality standards in respect of applicable noise standards
Control) Rules, noise for different areas/zones.
2000 amended up
to 2010.
Solid Waste Responsibility of Solid Waste Contractor to follow all the rules Construction
Management Generator during construction works
Rules 2016 segregate and store the waste
generated in three separate
streams namely bio-degradable,
non- biodegradable and domestic
hazardous wastes in suitable bins
and handover segregated wastes to
authorized waste pickers or waste
collectors as per the direction or
notification by the local authorities
from time to time;
store separately construction and
demolition waste, as and when
generated, in his own premises and
shall dispose off as per the
Construction and Demolition Waste
Management Rules, 2016; (iii) No
waste generator shall throw, burn or
burry the solid waste generated by
him, on streets, open public spaces
outside his premises or in the drain
or water bodies.
Construction and I Every waste generator shall Disposal site shall be identified Construction
Demolition Waste segregate construction and and allotted by Municipal
Management demolition waste and deposit at Council after mobilization of
Rules 2016 collection centre or handover it to contractor (during SIP period)
the authorized processing facilities and can’t be mentioned at this
II Shall ensure that there is no time.
littering or deposition so as to
prevent obstruction to the traffic or Contractor to follow all the rules
the public or drains during construction works.
III Large generators (who generate
more than 20 tons or more in one Sludge or any material if
day or 300 tons per project in a classified as hazardous waste /
month) shall submit waste material is to be handled and
management plan and get disposed according to this Rules
appropriate approvals from the local
authority before starting
construction or demolition or
remodelling work,
IV Large generators shall have
environment management plan to
address the likely environmental
issues from construction,
demolition, storage, transportation
16
Relevance to
Law Description Requirement
Project Phase
process and disposal / reuse of C &
D Waste.
V Large generators shall segregate
the waste into four streams such as
concrete, soil, steel, wood and
plastics, bricks and mortar,
VI Large generators shall pay
relevant charges for collection,
transportation, processing and
disposal as notified by the
concerned authorities;
Hazardous and Responsibilities of the occupier for Contractor to comply all the Construction
Other Wastes management of hazardous and requirements of this Act during
(Management and other wastes - (1) For the construction works.
Transboundary management of hazardous and
Movement) Rules, other wastes, an occupier shall
2016, follow the following steps, namely:-
(a) prevention; (b) minimization; (c)
reuse, (d) recycling; (e) recovery,
utilization including co-processing;
(f) safe disposal. (2) The occupier
shall be responsible for safe and
environmentally sound
management of hazardous and
other wastes. (3) The hazardous
and other wastes generated in the
establishment of an occupier shall
be sent or sold to an authorized
actual user or shall be disposed of
in an authorized disposal facility. (4)
The hazardous and other wastes
shall be transported from an
occupier’s establishment to an
authorized actual user or to an
authorized disposal facility in
accordance with the provisions of
these rules. (5) The occupier who
intends to get its hazardous and
other wastes treated and disposed
of by the operator of a treatment,
storage and disposal facility shall
give to the operator of that facility,
such specific information as may be
needed for safe storage and
disposal. (6) The occupier shall
take all the steps while managing
hazardous and other wastes to- 6
(a) contain contaminants and
prevent accidents and limit their
consequences on human beings
and the environment; and (b)
provide persons working in the site
with appropriate training,
equipment and the information
necessary to ensure their safety.
17
Relevance to
Law Description Requirement
Project Phase
Wetlands The Rules specify activities which Not applicable as subprojects Not applicable
(Conservation and are harmful and prohibited in the components are not located in or
Management) wetlands such as industrialization, near to designated wetland area.
Rules, 2017 construction, dumping of untreated
waste and effluents, and
reclamation. The Central
Government may permit any of the
prohibited activities on the
recommendation of Central
Wetlands Regulatory Authority.
Ancient The Act designates areas within 100 Sagwara Fort is listed as ASI Construction
Monuments and meters (m) of the “protected Protected Monument in Sagwara
Archaeological monument/area” as “prohibited City. Project site is at about 600
Sites and Remains area” and beyond that up to 200 m meter distance from the
Act, 1958 and as “regulated area” respectively. No Sagwara Fort. Therefore there
Ancient “construction” is permitted in the will be no impact on the ASI
Monuments and “prohibited area” and any protected monuments.
Archaeological construction activity in the
Sites and Remains “regulated area” requires prior
(Amendment and permission of the Archaeological
Validation) Act, Survey of India (ASI).
2010.
The Rajasthan Any construction/excavation work 4 State protected monuments Construction
Monuments, in the ‘protected area’ (as declared are listed in Sagwara city
Archaeological by GoR under the Act) requires (Appendix 18). No project
Sites and priori permission of Department of components falls under core and
Antiquities Act, Archaeology & Museums regulated area of the protected
1961; the -Application under the Rules shall monuments.
Rajasthan be submitted to Director, State
Monuments, Archaeological Department, at least Re-assessment will be required
Archaeological 3 months prior to the work. after confirmatory survey during
Sites and Department provides conditional pre-construction phase and
Antiquities permission, including time for consultation with State
(amendment) Act completion, procedures to be Archaeological Department will
2007 followed during the work and for be required before start of
chance finds et–. construction works. In case of
chance finds, the contractor/PIU
will be required to follow chance
finds protocol (Appendix 20)
The Building and Employer shall- Contractors are required to Construction
Other 1. Provide and maintain, at follow all the provisions of
Construction suitable point, sufficient quantity of BOCW Act and Rajasthan
Workers (BOCW) wholesome drinking water, such BOCW Rules. Salient features of
Act 1996 and point shall be at least 6 meters Rajasthan BOCW Rules are-
Rajasthan away from any washing areas, Chapter III, section 17-
Building and urinals or toilets Registration of establishments
Construction 2. Provide sufficient urinals Chapter VIII, section 61- Hours
Workers Rules and latrines at convenient place, of works, intervals or rest and
2009 easily accessible by workers spread over, overtime
3. Provide free of charge, Section 62- weekly rest
temporary living accommodations Section 63- night shift
near to work sites with separate Section 67- registers of workers
cooking place, bathing and Section 68- Muster roll, wages
lavatory facilities and restore the register
site as preconditions after
18
Relevance to
Law Description Requirement
Project Phase
completing the construction works Section 70- latrine and urinal
4. Provide crèche with proper facilities
accommodation, ventilation, Chapter XI- Safety and Health
lighting, cleanliness and sanitation Section 78- fire protection
if more than fifty female workers Section 79- emergency action
are engaged plan
5. Provide first aid facilities in Section 80- fencing of motors
all construction sites Section 81- lifting and carrying of
For safety of workers employer weight
shall provide- Section 82- H&S policy
6. Safe access to site and Section 83- dangerous and
workplace harmful environment
7. Safety in demolition works Section 84- Overhead protection
8. Safety in use of explosives Section 88- eye protection
9. Safety in operation of Section 89- PPEs
transporting equipment and Section 90- electrical hazards
appoint competent person to drive Section 97- use of safety
or operate such vehicles and helmets and shoes
equipment Chapter XIII-lifting appliances
10. Safety in lifting appliance, and gears
hoist and lifting gears Chapter XV- transport and earth
11. Adequate and suitable moving equipments
lighting to every workplace and Chapter XVI- concrete works
approach Chapter XVII- demolition works
12. Prevention of inhalation of Chapter XVIII-Excavation and
dust, smoke, fumes, gases during 18 tunnelling
construction works and provide Chapter XX- ladders and step
adequate ventilation in workplace ladders
and confined space Chapter XXII- structural frame
13. Safety in material handling and formworks
and stacking/un stacking Chapter XXIV- medical facilities
14. Safeguarding the and first aid box
machinery with fly-wheel of moving
parts
15. Safe handling and use of
plants operated by compressed air
16. Fire safety
17. Limit of weight to be lifted
by workers individually
18. Safety in electric wires,
apparatus, tools and equipment
19. Provide safety net, safety
sheet, safety belts while working at
height (more than 1.6 m as per
OSHA)
20. Providing scaffolding,
ladders and stairs, lifting
appliances, chains and
accessories where required
21. Safety in pile works,
concrete works, hot asphalt, tar,
insulation, demolition works,
excavation, underground
construction and handling
materials
19
Relevance to
Law Description Requirement
Project Phase
22. Provide and maintain
medical facilities for workers
23. Any other matters for the
safety and health of workers
Contract Labor Provides for welfare measures to be 24. Applicable to all Construction
(Regulation and provided by the Contractor to construction works in the
Abolition) Act, contract labor and in case the project
1970; Contractor fails to provide, the same 25. Principle employer
are required to be provided by the (RUDSICO-EAP) to obtain
The Inter-State Principal Employer by Law. The Certificate of Registration from
Migrant Workmen principal employer is required to Department of I, as principle
(Regulation of take Certificate of Registration and employer
Employment and the Contractor is required to take a 26. Contractor to obtain
Conditions of License from the designated license from designated labor
Service) Act, 1979 Officer. The Act is applicable to the officer
establishments or Contractor of 27. Contractor shall
principal employer if they employ 20 register with Labor Department,
or more contract labor. if Inter-state migrant workmen
The inter-state migrant workmen, in are engaged
an establishment to which this Act 28. Adequate and
becomes applicable, are required to appropriate amenities and
be provided certain facilities such as facilities shall be provided to
housing, medical aid, traveling workers including housing,
expenses from home up to the medical aid, traveling expenses
establishment and back, etc., from home and back, etc.,
Relevance to
Law Description Requirement
Project Phase
transfers, training and promotions
etc.
Rajasthan Forest This Act makes the basis for Not applicable; none of the Construction
Act, 1953 and declaration of Reserved Forests, components / pipeline alignment
Rajasthan Forest constitution of village forest are in reserved or community
Rules, 1962 committees, management of forest areas.
reserved forests and penalties and
procedures.
International conventions and treaties
Ramsar The Ramsar Convention is an There are no Ramsar sites in or Not applicable
Convention, 1971 intergovernmental treaty that near Sagwara.
provides the framework for national
action and international co-
operation for the conservation and
wise use of wetlands and their
resources. India is one of the
signatories to the treaty. The
Ramsar convention made it
mandatory for the signatory
countries to include wetland
conservation in their national land
use plans.
Convention on India is a signatory of this Not applicable in this project as Not Applicable
International Trade convention which aims to control no endangered species of wild
in Endangered international commercial trade in fauna and flora is found in project
Species of Wild endangered species area.
Fauna and Flora
(CITES), 1973
Montreal Protocol India is a signatory of this Not applicable in this project as Not applicable
1992 convention which aims to reduction no ODS are involved in
in the consumption and production construction works
of ozone-depleting substances
(ODS), while recognizing
differences in a nation’s
responsibilities. Ozone depleting
substances are divided in two
groups Chlorofluorocarbons
(CFCs) and
Hydrochlorofluorocarbons
(HCFCs)
Basel Convention India is a signatory of this Contractor to follow the Not applicable
on Trans-boundary convention which aims to reduce provisions of Hazardous Waste
Movement of trans-boundary movement and Rules 2016 for storage,
Hazardous creation of hazardous wastes handling, transport and disposal
Wastes, 1989 of hazardous waste emerged
during construction works
Relevance to
Law Description Requirement
Project Phase
(CMS), 1979 November 1983, which recognizes animals are reported in the
(Bonn convention) that states must be the protectors project areas.
of migratory species that live within
or pass through their national
jurisdictions, and aims to conserve
terrestrial, marine and avian
migratory species throughout their
ranges. Migratory species
threatened with extinction are listed
on Appendix I of the Convention.
CMS Parties strive towards strictly
protecting these species,
conserving or restoring the places
where they live, mitigating
obstacles to migration and
controlling other factors that might
endanger them. Migratory species
that need or would significantly
benefit from international
cooperation are listed in Appendix
II, and CMS encourages the Range
States to conclude global or
regional agreements.
80. PMU will be overall responsible for supervision in getting all clearances and provide
22
details to ADB through semi-annual report. PMU will ensure all necessary regulatory clearances and
approvals are obtained prior to commencement of works. Respective PIUs, with support of project
consultants and DB contractors, are responsible for obtaining the clearances/permits and ensuring
conditions/specifications/provisions are incorporated in the subproject design, costs, and
implementation. The PIUs shall report to PMU the status of compliance to clearances/permits as part
of the regular progress reporting.
23
IV.DESCRIPTION OF ENVIRONMENT
A. Physical Resources
[
81. Sagwara is a city and a municipality in Dungarpur district in the Indian state of Rajasthan.
Sagwara is located at 23.68°N 74.02°E. The elevation is 244 m above MSL. The geographical area
of the city is about 7.68 Sq. Km. Sagwara is famous for sculpture, marble carving, temple architecture
and gold jewellery. It is a major trading hub for nearby villages.
82. Topography: the district is characterized by low-lying hills intervening with valleys and
rocky plains and can be broadly divided in three distinct unit viz. Rocky uplands, Erosional valleys
and pediplains. The area is drained by Mahi and its tributaries like Nori, Jakam, Gomti, Saren, Ghorel
and Moran. The general topographic elevation in the district is between 200m to 250m above mean
sea level in most of the blocks. Elevation ranges from a minimum of 112 m amsl in Simalwara block
in the southwestern part of the district to a maximum of 545.6 m amsl In Bichhiwara in north-western
part of the district. The Minimum Elevation of Sagwara is 113.2 (m asml) amd Maximum Elevation is
348.5 (m asml).
83. The rugged and wild aspect of the region is attributed to the off shoots of the Aravallis.
The district is broken and hilly, but none of the hills attain a great height. The highest peak which is
in the extreme northwest is about 572 m above mean sea level and the other highest point 2 km north
of Sagwara is 497 m above mean sea level. The lowest point in the district is about 90 m above mean
sea level near Solakari village in the bed of Mahi River.
84. Soil: There are pre-dominantly two types of soils in the district. Red loam soils are found
in the south-eastern parts of the district, adjoining Gujarat border. These are soils of hilly plains (flats)
i.e. brought down from nearby hills and deposited in low lying areas. They are characteristically
shallow to moderately deep, reddish in colour medium in texture, sandy loam to loam in nature, non-
calcareous, granular, well drained, free of salts and may have slight calcareous carbonates in lower
layers. Hilly soils are found along the hill ranges of Aravallis in the northern and western parts of the
district. These soils are very shallow with gravelly material, very near to the surface. These are in
general, light in texture and reddish brown to greyish brown in colour, non calcareous and freely
drained. These extend in small patches on uneven terrain.
85. Geology: The district is underlain by mainly hard rock formations belonging to Bhilwara
Supergroup and Aravalli Supergroup intruded by granite. Along the major river courses, localized
patches of shallow alluvium occur overlying the compact basement.
24
Sagwara
Seismology
86. According to the Vulnerability Atlas of India, most of Dungarpur District, including Sagwara
Town, is in an area of low earthquake risk (Zone II). Although Rajasthan has not experienced a major
earthquake in the recent past, there have been 37 events with a magnitude of 5-7 since 1720, with
the most recent occurring in 2001. This measured 6.9 on the Richter Scale, but because the epicentre
was in neighbouring Gujarat, there was only limited damage in Sagwara. Earthquake Zone Map of
Rajasthan is shown in Figure 18.
25
Climatic Conditions
87. The climate of Sagwara is semi dry arid, typical of desert. The maximum temperature
during summer months goes above 36oC quiet frequently. The temperature during winter months
normally touches 10oC. Average rain fall is 324 mm. The Dungarpur district has a dry climate with a
hot season from April to June; however, the climate is milder than in the desert regions of Rajasthan
to the north and west. The maximum temperature in the district occurs during the hot season and
ranges between 40°to 45° Celsius. The minimum temperature ranges between 10° and 12° Celsius,
usually occurring in January. The monsoon season, which runs from June through September, brings
almost the only rain to much of the district, but some rain may fall from November through February.
The annual rainfall varies extensively over the district from up to 880 mm in Dungarpur town in the
northwest to under 500 mm at Nithawa in the northeast. But the rainfall is quite variable from year to
year, as Nithawa had 805 mm in 2013 but only 465 mm in 2014.
Surface Water
88. The district is drained mainly by the rivers Som and Mahi. The Mahi is perineal river of
Rajasthan forms the natural boundary between Dungarpur and Udaipur districts and separates
Dungarpur district from Banswara district. The Mahi river originates from the Mahi Kanta hills in the
western part of Madhya Pradesh and enters Banswara and Dungarpur districts before entering
Gujarat near village Salakari. On an average, the river bed is about 100m to 130 m in width and
mostly rocky. Its banks are steep in many parts though not very high. Its length in Dungarpur district
is about 110 km. The Som river flows southeast from hills near Bichhabhera in Udaipur district, till it
meets the border of Dungarpur district. It then turns first to the east and then to the south forming the
northern boundary. After meeting the Jhakham, it enters the Dungarpur district and after traversing
for a few km down it meets river Mahi at Baneshwar. The river traverses through the district for a
distance of about 84 km. Moran a seasonal river emerges in the central part of the district and flows
in the southeastern direction to find its way into the Mahi. There are various streams like Jhakham,
Majhham, Vatrak, Bhader, Gangli, Sapan and Very Ganga. All these dry up during summer. The
seasonal nallahas are Nagdari, Phallu, Padar, Mahaya and Kadva Bagaria.
26
Groundwater
89. The principal source of ground water recharge is precipitation. Out of the total, rainfall
received, a major part is lost as runoff and evapotranspiration through soil and vegetation. Only a
small portion of rainfall infiltrates down to join the ground water body. Central Ground Water Board
periodically monitors the National Hydrograph Network Stations (NHNS) in the Dungarpur district,
four times a year i.e. in January, May (Pre - monsoon), August and November (Post - monsoon).
Sagwara fall into ‘Semi Critical’ category as development has reached very close to the limit and any
further development would lead to exhaustion of dynamic ground water resources in these areas.
Depth to water level during pre-monsoon varies from 1.7 to 55.32 mbgl. During post monsoon period,
the depth to water level varies from 0.46 mbgl. In general depth of water level varied from 5 to 20
mbgl. The overall stage of ground water development in the district is 77.56%.
27
Air Quality
90. In Sagwara town there are no major polluting industries and therefore level of pollution of gases
like CO, NOx and SOx is not high. But particulate matters (PM10 and PM2.5) are very high due to
presence of dust from sand. Transport also add pollution load in air in city.
91. Ambient air quality in Rajasthan is monitored by Rajasthan Pollution Control Board. However,
There is no any monitoring location in Sagwara, nearest monitoring station is at Udaipur, which is
approximately 129 kms (aerial distance) from Sagwara, therefore there is no worth to mention air
quality of Udaipur for Sagwara. DBO contractor is required to conduct ambient air quality of Sagwara
in the pre-construction phase and will update in IEE report.
92. Noise Quality. There are no industrial or heavy development activities in the municipal areas of
Sagwara town, therefore noise quality in town is almost good though due to vehicular movements
noise is increased as compared to prescribed limits. Noise level quality of Sagwara is not available
and DBO contractor is required to conduct noise level monitoring of Sagwara at prominent project
sites, in the pre-construction phase and will update in IEE report.
B. Ecological Resources
93. Protected areas. The nearest wildlife sanctuary is Sita Mata Sanctuary located 92.2 km from
project town. In the forest blocks of Ghatamaawita protected forest, KAANTHAL A protected forest
and Od Paadwa protected forest some wild animals like blue bull, samber, Jackal, jungle cat, deer,
wild boar, monkey, wild dogs etc. have been observed. But there is no notified breeding or nesting
bird site/ecological sensitive area/Ramsar convention site/Area notified under Wild Protection Act-
1972 in these forest blocks as well as in town.
94. Wildlife. In the forest blocks especially in Ghatol and Pipalkhut forest block, some wild
animals are observed which are blue bull, samber, Jackal, jungle cat, deer, wild boar, monkey, wild
dogs etc. Our experts were told by locals that reptiles like common garden lizard (Chameleon
zeylanicaul), common Indian monitor (Varanus beagalansis), Indian Cobra (Naja naja), and Krait
(Bungarus coerulens) are rarely found in agriculture fields during rainy season. Common birds found
in the region are Little egret (Egretta garzetta), Common Green Pigeon (Treronphoenicoptera), Blue
Rock Pigeon (Columba livia), House swift (Apus affinis), Pheasant tailed Jacana (Hydrophasianus
chirurgus) etc.No rare or migratory birds are reported in the project areas.
28
Figure. 20. Distance of Project area from nearest Protected area (Sita Mata Wildlife Sanctuary)
95. Flora. Major tree species in project area include Babul, Sagwan, Khakhra, Terminalia
belarica (Behara), Azadirachta indica (Neem), Khejri- Prosopis cineraria, Lasura or Lehswa- Cordia
dichotoma, Kair or Teat -Capparis deciduas, Pakori-Ficus rumphii, etc. There are no vulnerable,
threatened and/or endangered species of flora and fauna is available in the project areas. Common
shrub species found in the area are Adhatoda vasica, Calotropis procera, Ipomea carnea, Prosopis
juliflora, Achyranthes aspera, Ageratum conyzoides, Argemone etc. in the project areas. On the
review of available information, no rare or endangered species of flora and fauna prescribed by IUCN
or WPC, 1972 are found along the project areas.
96. Biodiversity Assessment has been carried out through online IBAT analysis tool for
potential presence of critical habitat within the proposed projects potential area of influence. In
addition, to the potential impacts on identified local biodiversity and ecosystems, ADB’s SPS, 2009
requires demonstration that the project will not adversely affect the identified critical habitat. ADB
SPS, 2009 states that projects should not be developed within critical habitat areas unless all of the
below criterion are met (i) there are no measurable adverse impacts, or likelihood of such, on the
critical habitat which could impair its high biodiversity value or the ability to function; (ii) the project is
not anticipated to lead to a reduction in the population of any recognized endangered or critically
endangered species or a loss in area of the habitat concerned such that the persistence of a viable
and representative host ecosystem be compromised; and (iii) any lesser impacts are mitigated
29
97. Biodiversity Assessment Report (IBAT Analysis) for five lakes at Sagwara town was done
and there is no Key Biodiversity or Protected area with in 50 km of project site. IBAT report is attached
with this report as Appendix 21. The screening study for critical habitation indicates that within the
area of analysis (AOA) there are no known species which would qualify the area as critical habitat
under the set criteria (criterion 1–5, as presented in the report). As per IBAT report; within 50 km
radius of STP. There are 15 species of concern fauna listed as IUCN Red list, most of which are
wild species and not reported in urban areas of Sagwara. The nearest wildlife sanctuary is Sita Mata
Sanctuary located 92.2 km from project town. Proposed activities will not have any impact on these
species
Figure 21. Distance of Forest Blocks from Project area in Km (Source google base map).
30
C. Economic Development
Land use
98. Sagwara Master Plan provides land use details of the town. Out of total 1946 acre urban
area, 38.53 % is developed urban area. Rest of the land is under water body and vacant and
agricultural land. Details of the land use is provided in Table 14 below-
S. Percentage of Percentage of
Land Use Area (in Acres)
No. Developed area (%) Urban area (%)
99. Tiles and marble industry are the main industries of the town. Sagwara is not very much
developed from industrial development point of view. Currently, 20 acre land is being used for the
industrial development which is 2.68 % of the total developed area.
100. Agriculture. The agriculture in the district is characterized by recurrent droughts, sloppy
lands, dominance of low value and low demand crops, inadequate infrastructure, small size of land
holding, poor irrigation sources, poor livestock productivity, lack of off farm employment opportunities,
poor market support, non-availability of credit and high rate of illiteracy. The major crops of the Kharif
season are maize, rice, black gram, soybean and cotton, while wheat, gram and barley are major
Rabi crops. Area under Zaid green gram cultivation is increasing. Cereal crops (maize, wheat and
rice) constitute 88.12% of gross cultivated area followed by pulses (pigeon pea, gram and green
gram) 11.45% and oilseeds 0.23 % (soybean).
Other Infrastructure
101. Storm Water Drainage: Sagwara town is facing severe drainage problem resulting water
logging on roads and low lined areas during the rainy season, even though the rain is moderate. The
surface runoff from the town finally gets accumulated in every monsoon season in the outskirts of
town in low lying areas.
102. Power Supply: Distribution of power in the town is the responsibility of the Rajasthan
State Electricity Board. Power is generated and supplied from Mahi Hydel Project, Banswara. Main
electricity line is 81 kms away from the town. The major sector for electric consumption is domestic
which constitute 14.53% small scale industries consume 2.48% of power.
103. Transport: Transport in the city is mainly by personal vehicles (motorcycles and bicycles)
and auto-rickshaw and private taxis. The Rajasthan State Road Transport Corporation (RSRTC)
runs public buses to neighbouring villages and towns and to larger towns farther afield. Government
and private buses are also available frequently for neighbour state of Gujrat.
Demography
104. As of 2011 India census, Sagwara had a population of 29349. Males constitute 14704 of
the population and females 14735. Sagwara has an average literacy rate of 69.22%, lower than the
national average of 75.30%: male literacy is 54.55%, and female literacy is 45.45%. In Sagwara,
12.87% of the population is under 6 years of age. Total children (0-6) are 3788 as per figures of
Census India report 2011.There are 2064 boys and 1724 girls. Sex Ratio of the city is 900 per 1000
males. Sex Ratio of child is 785 per 1000 boys.
The district Dungarpur is named after 'the town of hillocks' and the capital of the former princely state
of Dungarpur. Sagwara is a Tahsil in Dungarpur District. The material remains of the Ahar civilization
discovered in Mewar region constitute remnants of the civilization which may date back to 4000 year
ago. From Ahar this culture extended to other centres in the south-east of Rajasthan including parts
of present Dungarpur and Banswara district.
32
Sagwara is the third largest populated place after Banswara and Dungarpur in the historical areas of
Rajasthan. Majority of the population belongs to Hindu religion and it also has a significant population
of Jains and Dawoodi Bohras (A Shia Islamic Muslim community).
105. Another important temple in the area is Baneshwar Mahadev temple which was constructed
in 17th Century and is a well-known tourist place near Sagwara. Temple is dedicated to Hindu Lord
Shiva, It is located in the middle of two rivers, Mahi River & Som River and is located about 30 Km
from Sagwara. This temple, however is neither an ASI protected nor state protected monument.
Architecture:
106. There is no historically, culturally and archeologically significant structure/monuments in
Sagwara city, however there are important archaeological sites located at a distance of about 25-30
km. The nearest ASI protected monuments in Dungarpur district are Somnath Temple at Deo
Somnath about 31 km and Jain Temple Inscription in Baroda village about 25 km from Sagwara town.
Heritage Impact Assessment for the Sagwara subproject has been done by Heritage Expert of PMU
and submitted in this IEE as Appendix-25.
Figure 22. Google map image showing distance from Sagwara Town to ASI Protected
Monument Somnath Temple at Devsomnath, in Dungarpur District.
33
Figure 23. Google map image showing distance from Sagwara Town to ASI Protected
Monument Jain Temple inscription at Baroda, in Dungarpur District.
34
Degenerated ecosystem of
Mansaniya Lake
2 Restoration of The Lake is situated at the heart of
Lohariya Lake and Sagwara and is a government land
Improvement of under Municipal Council.
landscape,
plantation of trees, There are no ASI or State Protected
Beautification and Monuments in the town in Sagwara
development of City. Proposed subproject activities do
other amenities not overlap with any protected
(Toilet Block) and monument. The ASI protected
security monument in Dungarpur district are
arrangements. situated at an aerial distance of > 25 km
from the Sagwara town.
A. Introduction
107. Potential environmental impacts of the proposed infrastructure components are presented
in this section. Mitigation measures to minimize/mitigate negative impacts, if any, are recommended
along with the agency responsible for implementation. Monitoring actions to be conducted during the
implementation phase is also recommended to reduce the impact.
108. Screening of potential environmental impacts are categorized into four categories
considering subproject phases: location impacts and design impacts (pre-construction phase),
construction phase impacts and operations and maintenance phase impacts.
A. Location impacts include impacts associated with site selection and include loss of on-site
biophysical array and encroachment either directly or indirectly on adjacent environments. It also
includes impacts on people who will lose their livelihood or any other structures by the development
of that site.
B. Design impacts include impacts arising from Investment Program design, including technology
used, scale of operation/throughput, waste production, discharge specifications, pollution sources
and ancillary services.
C. Pre-construction impacts include impacts which are anticipated during construction works but planning
are required for proposed mitigation measures before start of construction works i.e. during SIP period such
as taking consents from various departments, planning for construction and workers camps, deployment of
safety officer, arrangement of required barricades and caution boards etc.
D. Construction impacts include impacts caused by site clearing, earthworks, machinery, vehicles
and workers. Construction site impacts include erosion, dust, noise, traffic congestion and waste
production.
109. Screening of environmental impacts has been based on the impact magnitude
(negligible/moderate/severe - in the order of increasing degree) and impact duration
(temporary/permanent).
110. This section of the IEE reviews possible project-related impacts, in order to identify issues
requiring further attention and screen out issues of no relevance. ADB SPS (2009) require that
impacts and risks will be analysed during pre-construction, construction, and operational stages in
the context of the project's area of influence. The ADB Rapid Environmental Assessment Checklist
has been used to screen the project for environmental impacts and to determine the scope of the
IEE.
111. In the case of this project (i) most of the individual elements are relatively small and involve
straight forward construction and operation, so impacts will be mainly localized and not greatly
significant; (ii) most of the predicted impacts are associated with the construction process, and are
produced because that process is invasive, involving excavation and earth movements; and (iii) being
located in an urban area, will not cause direct impact on biodiversity values. The project will be in
properties held by the local government body and access to the project location is through public
rights-of-way and existing roads hence, land acquisition and encroachment on private property will
not occur.
38
Location Impacts
Tree cutting at project sites. There are no notable tree cover or vegetation at proposed site.
However, if at all required, permission for tree cutting will be acquired prior to tree cutting and Plant
and maintain 3 trees for each tree that is removed.
C. Design Impacts
113. Design of the Proposed Components. Restoration of lakes and their interconnectivity and
landscaping and beautification will follow relevant standards. All the structures will match with the
heritage ambiance of the Sagwara city.
D. Pre-construction Impacts
114. Utilities. Telephone lines, electric poles and wires, water lines within the proposed project
locations may require to be shifted in few cases. To mitigate the adverse impacts due to relocation
of the utilities, the contractor, in collaboration with ULB will
identify the locations and operators of these utilities to prevent unnecessary disruption of
services during construction phase; and
(ii) Instruct construction contractors to prepare a contingency plan to include actions to
be done in case of unintentional interruption of services.
Site selection of construction work camps, stockpile areas, storage areas, and disposal areas.
Priority is to locate these near the project location. However, if it is deemed necessary to locate
elsewhere, sites to be considered will not promote instability and result in destruction of property,
vegetation, irrigation, and drinking water supply systems. Residential areas will not be considered for
setting up construction camps to protect the human environment (i.e., to curb accident risks, health
risks due to air and water pollution and dust and noise and to prevent social conflicts, shortages of
amenities and crime). Extreme care will be taken to avoid disposals near forest areas, water bodies,
swamps or in areas which will inconvenience the community. Construction sites will be selected by
DB contractor in compliance with these conditions and the same will be reflected in Site
Environmental Management Plan (SEMP) which is to be prepared by DB contractor prior to start of
construction and approved by PIU.
115. Site selection of sources of materials. Extraction of materials can disrupt natural land
contours and vegetation resulting in accelerated erosion, disturbance in natural drainage patterns,
ponding and water logging, and water pollution. To mitigate the potential environmental impacts,
locations of quarry site/s and borrow pit/s (for loose material other than stones) would be assessed
by PIU. Priority would be sites already permitted by Mines and Geology Department. If new sites are
necessary, these would be located away from population centres, drinking water intakes and
streams, cultivable lands, and natural drainage systems; and in structurally stable areas. It will be the
construction contractor’s responsibility to verify the suitability of all material sources and to obtain the
39
approval of Department of Mines & Geology and local revenue administration. If additional quarries
will be required after construction is started, then the construction contractor shall use the mentioned
criteria to select new quarry sites, with written approval of PIU. DB contractor will identify sources of
water for construction purposes and obtain necessary permissions as required, and approval of PIU
before the use. Details of material sources and water sources will be provided in SEMP.
116. Debris disposal. Prior to the commencement of works, contractor shall identify a debris
disposal site in consultation with the PIU and Consultant. Contractor will follow all the prescribed
rules during construction and adhering to following criteria (including but not limited to)
The site shall be selected preferably from barren, infertile lands. In case agricultural land
needs to be selected, top-soil stripping, stacking and preservation should be undertaken prior to
initiation of any activities.
The local governing body and community shall be consulted while selecting the site.
Contractor shall prepare a construction and demolition waste management plan in pre-
construction phase for safe disposal of construction and demolition wastes as per applicable rules
and submit to Municipality through PIU for approval
Debris disposal site shall be at least 200 m away from surface water bodies9.
No residential areas shall be located within 100 m downwind side of the site.
The site is minimum 250 m. away from sensitive locations like hospitals, religious places,
ponds/lakes or other water bodies.
E. Construction Impacts
117. The civil works for the subproject include earth work excavation for Retaining wall. Earth
work excavation will be done manually or by machine (backhoe excavator) and include danger
lighting and using sight rails and barricades at every 100 m.,.
118. Physical impacts will be reduced by the method of working and scheduling of work,
whereby the project components will be (i) constructed by small teams working at a time; (ii) provide
adequate barricades and road safety signage during construction work (iii) Further if night works are
required (however unlikely, applicable only in extreme conditions) all the mitigation measures to
reduce impacts of disturbance to minimum level to nearby habitants and road users should be
ensured by contractor.
Demolition works. In the initial stage of project planning it is accessed that there is no requirement
of demolition of structures. If any demolition works are required, proper work plan and Mitigation
measures will be required for demolition works. Structures to be demolished should be wetted
through water sprinkling to reduce dust emission. All the safety measures should be adopted during
demolition activities.
119. Storage and Disposal of excavated earth. A small quantity of soil will be excavated for
retaining wall foundation construction. Some part of this excavated soil will be reused for backfilling
and/or surface levelling; rest of the soil will need to be disposed in other locations. Proper storage
and disposal plan from contractor is required before start of the work. Prior permission from land
owner/concerned authority for storage and disposal of excess earth is required. Prior to the
commencement of works, Contractor will follow all the prescribed rules and shall identify a debris
disposal site in consultation with the PIU/ULB and adhering to following criteria:
9 In the absence of site meeting the stipulated criteria, an alternate site can be selected specifying the reasons. In such a
case, the construction camp management plan should incorporate additional measures specific to the site as suggested
by the Construction Manager.
40
The site shall be selected preferably from barren, infertile lands. In case agricultural land
needs to be selected, top-soil stripping, stacking and preservation should be undertaken prior
to initiation of any activities.
Debris disposal site shall be at least 200 m away from any surface water body.
No residential areas shall be located within 200 m downwind side of the site.
The site is minimum 250 m. away from sensitive locations like hospitals, religious places,
ponds/lakes or other water bodies.
The local governing body and community shall be consulted while selecting the site.
Contractor is required to prepare plan for disposal of construction and demolition waste
including excavated earth in the designated site/sites and submit the plan in PIU to be
approved by Municipal Council as per Construction and Demolition Waste Rules 2016
Soil storage site should be properly demarcated by fencing and information board should
be placed at entrance
At soil storage site soil should be covered by tarpaulin or regular water sprinkling should
be done to reduce dust emission
At soil disposal site the disposed soil should be levelled on daily basis and no heap or
mound should be left at end of the day
120. Sources of Materials. Significant amount of gravel, sand, coarse aggregate, and cement will be
required for this project. The construction contractor will be required to:
Use material sources permitted by government10;
Verify suitability of all material sources and obtain approval of PIU;
Ensure that the loading and unloading of the materials and the transportation of the
materials from source to construction site does not cause impact on health and safety of the
workers and the community; and
Submit to PIU on a monthly basis documentation of sources of materials. . If contractor is
purchasing ready mix concrete, asphalt/macadam and aggregates from third party, contractor
will assure that all the parties/ suppliers are having CTE/CTO from RSPCB and will collect the
copy of these certificates and submit to PIU/consultants
121. Air Quality. Emissions from construction vehicles, equipment, and machinery used for
excavation and construction will induce impacts on the air quality in the construction sites.
Anticipated impacts include dusts and increase in concentration of vehicle-related pollutants
such as carbon monoxide, sulphur oxides, particulate matter, nitrous oxides, and
hydrocarbons. These however will be temporary limiting to construction activities only. To
mitigate the impacts, construction contractors will be required to:
Consult with PIU/on the designated areas for stockpiling of soils, gravel, and other
construction materials;
Damp down exposed soil and any stockpiled material on site by water sprinkling;
Use tarpaulins to cover sand and other loose material when transported by trucks;
Clean wheels and undercarriage of haul trucks prior to leaving construction site
Don't allow access in the work area except workers to limit soil disturbance and prevent
access by barricading and security personnel
Fit all heavy equipment and machinery with air pollution control devices which are
operating correctly, DGs should have proper stake height as per norms;
10CTE and CTO will be required for batching plant, hot mix plant, crushers etc. if specifically established for this project. If
contractor is purchasing raw material or ready mix concrete, asphalt/macadam and aggregates from third party, he has to
be assured that third party is having CTE/CTO from RSPCB and should collect the copy of these and submit to
PIU/consultants. Quarry sites should also have the desired permissions.
41
122. Surface Water Quality. There is Five Lakes of Sagwara lake near the proposed site,
however, the scope of work do not have any impact on its water quality. Nevertheless, run-off from
stockpiled materials and chemical contamination from fuels and lubricants during construction works
can contaminate the drainage system of City. These potential impacts are temporary and short-term
duration only. However, to ensure that these are mitigated, construction contractor will be required
to:
123. Noise and Vibration Levels. Construction works will be conducted along the roads in
Sagwara urban area, where there are majorly houses, commercial activities, few religious places and
small-scale businesses. The sensitive receptors are the schools, religious places, hospitals in these
areas. Increase in noise level may be caused by excavation, particularly breaking of cement concrete
or bitumen roads, operation of construction equipment like concrete mixers, and the transportation
of equipment, materials, and people. Vibration generated from construction activity, for instance from
the use of pneumatic drills, will have impact on nearly buildings. This impact is negative but short-
term, and reversible by mitigation measures. The construction contractor will be required to:
Plan activities in consultation with PIU so that activities with the greatest potential to
generate noise are conducted during periods of the day which will result in least disturbance;
Use road cutters instead of breaker/hammer for cutting the road before excavation for pipe
laying on roads
Horns should not be used unless it is necessary to warn other road users or animals of
the vehicle’s approach;
Minimize noise from construction equipment by using vehicle silencers, fitting
jackhammers with noise-reducing mufflers, and use portable street barriers to minimize sound
impact to surrounding sensitive receptor;
42
DGs being used at site should have sound reducing (acoustic) enclosures, preferably
silent DGs should be used at site;
Maintain maximum sound levels not exceeding 80 decibels (dBA) when measured at a
distance of 10 m or more from the vehicle/s and equipment;
Identify any buildings at risk from vibration damage and avoiding any use of pneumatic
drills or heavy vehicles in the vicinity;
Consult the custodians of important buildings, cultural and tourism authorities and local
communities in advance of the work to identify and address key issues, and avoid working at
sensitive times, such as religious and cultural festivals, exams of students etc.;
Provide all workers appropriate PPEs like ear plug/muff, working in high noise conditions;
Keep all vehicles and equipment in good conditions to avoid excessive noise generation;
Provide noise barriers near sensitive receptors like schools, hospitals, temples, courts etc
and consult in advance with sensitive receptors about the working hours (specially schools,
hospitals, offices, courts etc) and avoid noisy works in those hours;
Avoid noisy works in nights in inhabited areas to avoid any disturbance to habitants; and
Consult in advance with habitants and inform them about the nature and duration of works
Conduct noise monitoring according to the Environmental Management Plan (EMP)
124. Management Plan for Night works (if required). Following requirements should be fulfilled for
construction works at night hours-
Night works should be avoided at construction sites specially in residential areas and
should be performed only when day works are not possible due to excessive
traffic/public/pedestrian movement, site of cultural or religious importance, where there is huge
crowd during day hours or any other unavoidable circumstances.
Contractor should plan for night works only after directions from PMU/PIU/CMSC
Contractor should submit plan for night works for approval from PIU.
PIU should ensure that prior written information should be given to local authorities such
as district administration, Police/traffic police, line agencies concerned, residents welfare
association/business association/vyapar of the affected areas and their consents/permissions
should be taken prior to start of night works.
PIU/CMSC engineers should check and ensure that all the preparation as per
management plan is done by contractor and contractor is having all the necessary equipment
and materials for night works.
Contractor is required to have following equipment/arrangements for night works-
Contractors should have hand held noise level meter for measurement of noise during
night hours
Contractors should have hand held lux meter for the measurement of illumination during
night hours
Preferably electrical connections is available for running equipment otherwise sound
proof/super silent Diesel Generator set should be available
Sound level should not increase as per following-
Industrial 70
Commercial 55
43
Residential 45
Silence zone 40
All the vehicles should be checked for working head lamps, tail lamps, inner lights etc.
before start of night works
PIU/CMSC site engineers and contractors safety personnel should closely monitor the
safety of works continuously and noise and illumination levels on hourly basis and maintain
photographic and video graphic records as well as register the observations
Night works should be stopped early in the morning at least one hour before start of
pedestrian/traffic movement
After completion of night works all the site should be cleaned and maintained obstruction
free for day time movement of vehicles and pedestrians
Drivers and workers should be alert and responsive during night works
All the wages to workers working in night hours should be as per the applicable labour acts
Avoid any nuisance which may create problems to nearby habitants and work peacefully
during night hours
Night works should not be conducted near hospitals and during peak seasons such as
peak tourist season, students’ exam times etc.
125. Landscape and Aesthetics. The construction works may require cutting of trees and also
will produce excess excavated earth, excess construction materials, and solid waste such as
removed concrete, wood, packaging materials, empty containers, spoils, oils, lubricants, old replaced
sewer pipes and other similar items. Haphazard disposal of these will have negative impacts on
Landscape and overall aesthetics. These impacts are negative but are of short-term and reversible
by mitigation measures. The construction contractor will be required to:
126. Groundwater Quality. Another physical impact that is often associated with excavation is
the effect on drainage and the local water table if groundwater and surface water collect in the voids.
Although, groundwater is much deeper than the proposed trenching depth, and rains are scarce and
limited to very short duration during monsoon, to ensure that water will not pond in pits and voids
near project location, the construction contractor will be required to conduct excavation works in non-
monsoon season to the maximum extent possible. These potential impacts are temporary and short-
term duration only. However, to ensure that these are mitigated, construction contractor will be
required to:
Prioritize re-use of excess spoils and materials in the construction works. If spoils will be
disposed, consult with PIU on designated disposal areas;
Install temporary silt traps or sedimentation basins along the drainage leading to the water
bodies;
Place storage areas for fuels and lubricants away from any drainage leading to water
bodies;
Dispose any wastes generated by construction activities in designated sites; and
Conduct periodical ground water quality monitoring according to the Environmental
Management Plan (EMP).
127. Socio-Economic - Income. The project components will be located in government land
and there is no requirement for land acquisition or any resettlement. Construction works will impede
the access of residents to specific site in limited cases. The potential impacts are negative and
moderate but short-term and temporary. The construction contractor will be required to:
Prepare and implement spoils management plan (Appendix 7);
Leave spaces for access between mounds of soil;
Provide walkways and metal sheets where required to maintain access across for people
and vehicles;
Increase workforce in the areas with predominantly institutions, place of worship, business
establishment, hospitals, and schools;
Consult businesses and institutions regarding operating hours and factoring this in work
schedules; and
Provide sign boards for pedestrians to inform nature and duration of construction works
and contact numbers for concerns/complaints.
Notify community/ water users in advance about likely interruptions in water supply.
Provide alternate sources of clean water until water supply is restored.
Provide all mitigation measures as given in resettlement plan (RP) prepared for the project
to mitigate impacts on vendors and shopkeepers
128. Socio-Economic-Employment. Manpower will be required during the 12-months
construction stage. This can result in generation of temporary employment and increase in local
revenue. Thus potential impact is positive and long-term. The construction contractor will be required
to:
Employ at least 50% of the labour force, or to the maximum extent, local persons within
the 2-km immediate area if manpower is available; and
Secure construction materials from local market.
129. Occupational Health and Safety. Workers need to be mindful of the occupational hazards
which can arise from working on roads, in height and excavation
(trenches and trenchless) works. Potential impacts are negative and long-term but reversible by
mitigation measures. Construction contractor will depute experienced EHS personnel and will be
required to:
Comply with all national, state and local labour laws (see Appendix 6);
Develop and implement site-specific occupational health and safety (OH&S) Plan which
will include measures such as: (a) excluding public from the site; (b)ensuring all workers
are provided with and use personal protective equipment;(c) OH&S Training11 for all site
11
Some of the key areas that may be covered during training as they relate to the primary causes of accidents include (i) slips, trips and
falls; (ii) personal protective equipment; (iii) ergonomics, repetitive motion, and manual handling; (iv) workplace transport; and (v)
legislation and responsibilities. Training can provide the foundations of competence but it does not necessarily result in a competent
worker. Therefore, it is essential to assess staff competence to ensure that the training provided is relevant and effective. Supervision
46
personnel; (d) documented procedures to be followed for all site activities; and (e)
documentation of work-related accidents;
Ensure that qualified first-aid is provided at all times. Equipped first-aid stations shall be
easily accessible throughout the site;
Provide medical insurance coverage for workers;
Secure all installations from unauthorized intrusion and accident risks;
The project area experiences extreme temperature during summer months of April and
May, which may affect the health of workers engaged in construction work. Contractor
should take necessary measures during summers including the following:
A. Work schedule should be adjusted to avoid peak temperature hours (12 -3 PM)
B. Provide appropriate shade near the work place; allow periodic resting and provide adequate water
C. Provide necessary medicine and facilities to take care of dehydration related health issues
Provide supplies of potable drinking water;
Provide clean eating areas where workers are not exposed to hazardous or noxious
substances;
Provide H&S orientation training to all new workers to ensure that they are apprised of the
basic site rules of work at the site, personal protective protection, and preventing injuring
to fellow workers;
Provide visitor orientation if visitors to the site can gain access to areas where hazardous
conditions or substances may be present. Ensure also that visitor/s do not enter hazard
areas unescorted;
Ensure the visibility of workers through their use of high visibility vests when working in or
walking through heavy equipment operating areas;
Ensure moving equipment is outfitted with audible back-up alarms;
Mark and provide sign boards for hazardous areas such as energized electrical devices
and lines, service rooms housing high voltage equipment, and areas for storage and
disposal. Signage shall be in accordance with international standards and be well known
to, and easily understood by workers, visitors, and the general public as appropriate; and
Disallow worker exposure to noise level greater than 85 dBA for duration of more than 8
hours per day without hearing protection. The use of hearing protection shall be enforced
actively.
Follow all the protocols and guidelines (WHO interim guidelines and RSTDSP-EAP SOP
and COVID-19 Management Plan) as given in Appendix 23.
130. Community Health and Safety. Hazards posed to the public, specifically in high-pedestrian
areas may include traffic accidents and vehicle collision with pedestrians. Potential impact is negative
but short-term and reversible by mitigation measures. The construction contractor will be required to:
Plan routes to avoid times of peak-pedestrian activities.
Liaise with PIU in identifying risk areas on route cards/maps.
Maintain regularly the vehicles and use of manufacturer-approved parts to minimize
potentially serious accidents caused by equipment malfunction or premature failure.
Provide road signs and flag persons to warn of on-going trenching activities.
Provide prior information to the local people about the nature and duration of work;
Conduct awareness program on safety during the construction work;
Undertake the construction work stretch-wise; excavation, pipe laying and trench refilling
should be completed on the same day; and
and monitoring arrangements shall be in place to ensure that training has been effective and the worker is competent at their job. The
level of supervision and monitoring required is a management decision that shall be based on the risks associated with the job, the
level of competence required, the experience of the individual and whether the worker works as part of a team or is a lone worker.
47
Provide hard barricades and deploy security personnel to ensure safe movement of people
and also to prevent unnecessary entry and to avoid accidental fall into open trenches.
131. Work Camps. Operation of work camps can cause temporary air and noise pollution from
machine operation, water pollution from storage and use of fuels, oils, solvents, and lubricants.
Potential impacts are negative but short-term and reversible by mitigation measures. The
construction contractor will be required to:
Consult PIU before locating project offices, sheds, and construction plants;
Minimize removal of vegetation and disallow cutting of trees;
Provide drinking water, water for other uses, and sanitation facilities for employees;
Provided temporary rest and eating area at all work sites;
Ensure conditions of liveability at work camps are maintained at the highest standards
possible at all times; living quarters and construction camps shall be provided with standard
materials (as far as possible to use portable ready to fit-in reusable cabins with proper
ventilation); thatched huts, and facilities constructed with materials like GI sheets,
tarpaulins, etc., shall not be used as accommodation for workers; accommodation shall
meet the IFC standards for workers accommodation12 which include: provision of safe
housing, availability of electricity, plumbing, water and sanitation, adequate fire protection
and dormitory/room facilities; accommodation shall be in the range from 10 to 12.5 cubic
meter (m3) (volume) or 4 to 5.5 square meters (m2) (surface) per worker, a minimum ceiling
height of 2.10 m; a reasonable number of workers are allowed to share the same room–
(standards range from 2 to 8 workers); workers with accompanying families shall be
provided with a proper and safe accommodation (Suggested guidelines based on IFC
benchmark standards for workers accommodation is provided in Appendix 17);
Prohibit employees from poaching wildlife and cutting of trees for firewood;
Train employees in the storage and handling of materials which can potentially cause soil
contamination;
Recover used oil and lubricants and reuse or remove from the site;
Manage solid waste according to the following preference hierarchy: reuse, recycling and
disposal to designated areas;
Remove all wreckage, rubbish, or temporary structures which are no longer required; and
Report in writing that the camp has been vacated and restored to pre-project conditions
before acceptance of work.
132. Social and Cultural Resources. For this project, excavation will occur at locations not
known to have archaeological values, so there is no risk of such impacts. There is no ASI or state
protected monument in Sagwara town, nearest protected monument in Dungarpur district is located
at an aerial distance of 25 km. nevertheless, following protocols will applied during construction;
Consult with concerned religious authorities, nearby people and devotees in pre-
construction phase and explain the work method and duration of proposed works, take their
suggestions and comments and incorporate in design the mitigation measures required
Adjacent to religious/social/historical buildings, undertake excavation and construction
work in such a way that no structural damage is caused to the religious building.
Observe the local rituals and important dates of festivals, weekly/monthly/annual religious
occasions in the religious places and do not make any disturbance/hindrance/obstacles
during such time to the religious places,
12 https://www.ifc.org/wps/wcm/connect/topics_ext_content/ifc_external_corporate_site/sustainability-at-
ifc/publications/publications_gpn_workersaccommodation
48
provide proper signage, barricades etc. to protect public and devotees from dangers of
construction works.
133. Physical Cultural Resources. There are no notable archaeological places and protected
monuments in project area. Therefore, there is little or no risk of uncovering archaeological remains,
however considering the long history of town, Construction contractors therefore should follow the
below measures in conducting any excavation work:
i. Create awareness among the workers, supervisors and engineers about the chance finds during
excavation work;
ii. Stop work immediately to allow further investigation if any finds are suspected;
iii. Inform local Archaeological Department / Museum office if a find is suspected and take any
action, they require to ensure its removal or protection in situ; and
iv. Prepare a chance find protocol (Appendix 20)
134. Traffic diversion and/or road closure- If traffic diversion and/or road closure is required for
the proposed works, prior consent from traffic department will be required and prior information to
affected areas and public should be disseminated through consultations by CAPC. Proper road
signage and traffic aids should be provided at site. Excavation along the roads, hauling of
construction materials and operation of equipment on-site can cause traffic problems. Potential
impact is negative but short term and reversible by mitigation measures. The construction contractor
will be required to:
135. Wherever road width is minimal, there will be temporary loss of access to pedestrians and
vehicular traffic including two wheelers during the laying of pipes. Under those circumstances,
contractor shall adopt following measures:
Inform the affected local population 1-week in advance about the work schedule
Plan and execute the work in such a way that the period of disturbance/ loss of access are
minimum.
Provide pedestrian access in all the locations until normalcy is restored. Provide
wooden/metal planks over the open trenches at each house to maintain the access
Excavate only that stretch in a day that could be finished in the same day by laying of pipes
and backfilling
136. Biological hazards are among the environmental risks that may adversely impact the
49
health and wellness of the workers and the community. Breakouts of diseases such as diarrhoea, flu
or pandemics such as the COVID19 shall be avoided. Designs and implementation of treatment
systems shall ensure that disease-causing pathogens or viruses are disinfected and will not cause
any health issues.
137. Cumulative impacts are those that result from the successive, incremental, and/or
combined effects of a project or activity when added to other existing, planned, and/or reasonably
anticipated future ones. The subproject aims to improve Five Lakes of Sagwara Lake front and
provide recreational opportunity to inhabitants and tourists in Sagwara by redevelopment of existing
infrastructure.
138. Although no other notable public works are anticipated during the project implementation
on public roads, there will be usual construction activities, such as building construction. Given dry
and windy weather conditions, dust generation from cumulative construction activities may be
significant, and this may increase the particulate matter concentration in ambient air. Dust control
measures suggested in the EMP aim to minimize the dust generation from the subproject
construction activities. If there are any road improvement works proposed to be implemented in
Sagwara, scheduling of works needs to be coordinated with the respective road agency (ULB or
Public Works Department [PWD]) so that improved roads are not subjected for excavation. The
increase in road traffic, disturbance to traffic, public safety and worker safety issues, damage to
existing utilities, influx of outstation workers, etc., due to various simultaneous construction works will
be notable. However, the measures suggested in the EMP will minimize these impacts greatly, and
therefore effective implementation of EMP must be ensured. Thus, the net impacts are unlikely to be
significant.
139. Project Benefits. The citizens of the Sagwara will be the major beneficiaries of the
restoration of five lakes of Sagwara. It will help in improvement of ecosystem health of lakes,
improvement in water quality of lakes and landscaping and other beautification at alke front will create
new venue of recreation in the town. Further, interconnection of lakes will help in flood mitigation and
purification of water through sediment bed of channel. Implementation of project will facilitate people
with added amenities and will provide recreational opportunity for local public and tourists. This will
also help the tourism in Sagwara by creating new tourist attraction in the city.
A. Overview
140. The active participation of stakeholders including local community, NGOs/CBOs, and the
media in all stages of project preparation and implementation is essential for successful
implementation as well as operation of the project. It will ensure that the subprojects are designed,
constructed, and operated with utmost consideration to local needs, ensures community acceptance,
and will bring maximum benefits to the people. Public consultation and information disclosure is a
must as per the ADB policy.
141. A three tier consultation process has been adopted for RSTDSP project: focus group
discussions, primary household sample surveys and a City-level public consultation workshop. Most
of the main stakeholders have already been identified and consulted during preparation of preliminary
design and IEE, and any others that are identified during project implementation will be brought into
the process in the future. Primary stakeholders of the subproject are: residents, shopkeepers and
businesspeople who live and work alongside the roads in which network improvements will be
50
provided, and government and utility agencies responsible for provision of services, Sagwara
Municipal Council. Secondary stakeholder are: NGOs and CBOs working in the area, community
representatives, beneficiary community in general, government agencies, the executing and
implementing agencies (LSGD and RUDSICO-EAP), Government of India and the ADB.
Public Consultation
142. The public consultation and disclosure program is a continuous process throughout the
project implementation, including project planning, design and construction. Informal and formal
consultations at different locations were also conducted during social and environmental impact
assessment in Sagwara in 29 March, 2022 and 11 April 2022.
143. Institutional consultations were conducted with the Governmental Departments such as
Local Self Government Department, Sagwara Municipal Council, etc. The project proposals are
formulated in consultation with SMC and the proposals have been finalized only after certification of
both; that the proposals suit the requirements of the ULB.
144. Focus-group discussions with residents and other stakeholders were conducted to learn
their views and concerns. A social and environmental impact assessment has been conducted in the
City, covering sample households and nearby vendors to understand the basic characteristics of City,
health status, and the infrastructure service levels, and also the demand for infrastructure services.
145. Informal and formal consultation are conducted with local population of the area, about at
5 places along with proposed alignment with about 47 persons in July 2021 (Appendix 9).
Discussions were held about proposed project components, EMP measures, grievance redressal,
ownership of land and general people perception for proposed project. It was noted that people are
willing to extend their cooperation as the proposed activities are supposed to enhance the
infrastructure service levels and the living standard of the public. The public expressed their concern
regarding the nuisance and disturbance (dust, road closure and traffic management activities) during
the construction stage which can have impact on their day to day activities. Public demanded for
advance notice before construction and proper warning signs along the construction area to avoid
accidents and inconvenience. Details of public consultations are given in Appendix 9.
146. A City-level City Level Committee (CLC) has been formed in Sagwara district by
Government orders. City Level Committee meeting was organized to which representatives of
primary and secondary stakeholders were invited. City Level Stakeholder committee meeting was
organized for finalization of works of Five Lakes of Sagwara Lake Redevelopment subproject in
Sagwara city in District Head Quarter, Sagwara on dated. 29.07.2021 under the chairmanship of
District Collector, Sagwara, in presence of, DPR consultants, RUDSICO-EAP officials, PHED
officials, Municipal Council officials, UIT officials, PWD and other invitee members. Proposed scope
of works and designs were discussed in the meeting. Land availability for the proposed components
was also confirmed by local authority. The feedback and concerns of the stakeholders were taken
into consideration for finalization of design and scope of works. The project was agreed by the
committee for further course of action by RUDSICO-EAP. Details of CLC meeting, minutes and
photographs are attached in Annexure 9.
147. Prior to start of construction, SMC and PIU with the assistance of Consultants will conduct
51
information dissemination sessions at major intersections and solicit the help of the local community
leaders/prominent citizens to encourage the participation of the people to discuss various social and
environmental issues. At each ward/neighbourhood level, focus group meetings will be conducted to
discuss and plan construction work with local communities to reduce disturbance and other impacts,
and provide a mechanism through which stakeholders can participate in project monitoring and
evaluation.
148. A constant communication will be established with the affected communities to redress
the environmental issues likely to surface during construction and operational phases and also
regarding the grievance redress mechanism. JMC and PIU with the help of Community Awareness
and Participation Consultant (CAPC) will organize public meetings and will appraise the communities
about the progress on the implementation of EMP. Meeting will also be organized at the potential
hotspots/sensitive locations before and during the construction.
C. Information Disclosure
149. Executive summary of the IEE will be translated in the local language and made available
at the offices of JMC and RUDSICO-EAP- PMU and PIU. Copies of summary will be provided to
participants of city level workshop to be organized in Sagwara. Hard copies of the IEE will be
accessible to citizens as a means to disclose the document and at the same time creating wider
public awareness. Electronic version of the IEE in English and Executive Summary in Hindi will be
placed in the official website of the SMC and RUDSICO-EAP after approval of the IEE by Government
and ADB. Stakeholders will also be made aware of grievance register and redress mechanism.
150. Public information campaigns via newspaper/radio/TV, to explain the project details to a
wider population will be conducted. Public disclosure meetings will be conducted at key project
stages to inform the public about the progress and future plans. Prior to start of construction, the PIU
will issue Notification on the start date of implementation in local newspapers A board showing the
details of the project will be displayed at the construction site for the information of general public.
13 The procedures followed for grievance redress during implementation of RUSDP Phase III included the project GRM and
the pilot GRM software application (smart check) in Pali, the Sampark portal of Government of Rajasthan, and the Chief
52
153. Common Grievance Redress Mechanism. A common GRM will be in place for social,
environmental, or any other grievances related to the project. Implementation of the resettlement
plans/RIPPs/DDRs/IEEs will follow the GRM described below. The GRM will provide an accessible
and trusted platform for receiving and facilitating resolution of affected persons’ grievances related
to the project.
154. Public awareness campaigns within entire ULB/Municipal area will ensure that awareness
on grievance redress procedures is generated. The nodal officer- social/environment at field level
through community awareness and public participation consultant (CAPPC) will conduct
ULB/Municipal area-based awareness campaigns to ensure that poor and vulnerable households are
made aware of grievance redress procedures and entitlements. Contractors will provide pamphlets
to communities prior to start of works and billboards during construction. The pamphlets and
billboards will include relevant environmental and social safeguards, GRM information, and contact
details of key personnel from PIU and contractors.
155. Affected persons will have the flexibility of conveying grievances/suggestions by dropping
grievance redress/suggestion forms in complaint/suggestion boxes that will be installed by project
PIUs or by e-mail, by post, or by writing in a complaints register in ULB offices/complaints register at
contractor’s work site16 or by sending a WhatsApp message to the PIU17 or by dialling the phone
number of town level PIU/CAPPC or by dialling a toll-free number.18 Any aggrieved person can also
avail the facilities of online grievance monitoring system ‘Rajasthan Sampark’ portal to register their
grievances which is a parallel mechanism of grievance registration, in addition to the project GRM.19
Careful documentation of the name of the complainant, date of receipt of the complaint,
address/contact details of the person, location of the problem area, and how the problem was
Minister’s helpline. Complaints received through various channels were mostly minor and pertained to damage to existing
water supply pipelines and disruption of water supply during construction, delays in road restoration, and pending new
connections. Complaints related to damage to private property (compound walls/steps, etc.) were less in number. The
grievances were mostly possible to resolve in coordination with the contractors. Complaints received were immediately
referred by the CAPC/PMDSC supervision staff to the PIU Nodal officer (safeguards) and concerned engineer at PIU,
who advised them on further action. Follow up with the contractor on complaint resolution was undertaken by PIU Nodal
officer CAPC and PMDSC and final feedback sought from complainant upon resolution. Complaints requiring inter-
departmental coordination were referred to the PMU for resolution, and feedback provided to complainant. The PMU kept
regular track of grievances through WhatsApp and email alerts, ensuring registration and follow-up until resolution.
14 Town-level grievance registration data indicates that a large number of grievances were registered, pointing to the
effectiveness of the multi-channel GRM. No major grievance was received for RUSDP Phase III. The GRM helped
smoothen the process of project implementation, hence the proposed architecture for the RSTDSP GRM remains similar,
with some refinement, taking into account the changes in institutional setup proposed for project implementation.
15 Continued logistics support at field level will be key to successful management of grievance redress under RSTDSP. The
target date for establishment of the first level (PIU level) and second level (Zonal level) of GRM is before loan negotiation.
16 RUSDP piloted an online application based live GRM counter for resolution of public grievances over and above the
usual process of grievance registration and redressal. This app based GRM - “RUIDP Smart Check” is available at
Google play store (free of cost) and is operational. The RUIDP Smart Check “app” was launched in Pali town in July 2017
and is proposed to be scaled up in RSTDSP project towns. For persons without access to the application, the traditional
channels will continue to be available.
17 It is suggested for each PIU to have a dedicated WhatsApp group for registration of grievances and receipt of quick
resolved will be undertaken and feedback provided to the complainant on action/decision taken. The
Safeguard and safety officer of town/city level PIU will have the overall responsibility for timely
grievance redressal on environmental and social safeguards issues and for registration of
grievances, related disclosure, with the assistance of project consultants. In case of grievances that
are immediate and urgent in the perception of the complainant, the contractor, and officials of PIU
with assistance from CMSC and CAPPC on-site will provide the most easily accessible or first level
of contact for quick resolution of grievances. Contact numbers and names of the concerned PIU
safeguard and safety officer, contractors, CAPPC and CMSC personal will be posted at all
construction sites at visible locations.
1st level grievance. The contractors, PIU executive engineer/assistant engineer designated
as safeguard and safety officer (social and environment), CMSC (safeguard staff) and CAPPC can
immediately resolve issues on-site, in consultation with each other and will be required to do so within
7 days of receipt of a complaint/grievance. If required, city level monitoring committee (CLMC)20 will
be involved in resolution of grievances at the 1st level;
2nd level grievance. All grievances that cannot be redressed within 7 days at field/PIU level
will be brought to the notice of Zonal PIU headed by Additional Chief Engineer (ACE).The ACE at
zonal PIU will resolve the grievance within 7 days of receipt of compliant/grievance in discussion with
the ASO, field level PIU, CMSC, CAPPC and the contractor; and
3rd level grievance. All the grievances that are not addressed by Zonal PIU within 7 days of
receipt will be brought to the notice of the PMU. Depending on the nature of grievance, the project
officer (social/environment) at PMU will resolve the grievance within 15 days of receipt of grievance
with necessary coordination of Zonal PIU and CMSC and guidance/instruction of additional project
director (APD-PMU).
Grievances not redressed through this process within/at the project level within stipulated time period
will be referred to the CLC/GRC, which has been set up.21 In its role as a GRC, the CLC will meet
whenever there is an urgent, pending grievance. Other grievances can be discussed during its
regular meetings. Zonal PIU will inform the CLC regarding any grievances required to be resolved
urgently. The GRC will resolve the grievance within 15 days of receiving the complaint. In case of
any indigenous peoples impacts in subprojects, the CLC/GRC must have representation of the
affected indigenous people community, the chief of the tribe or a member of the tribal council as
traditional arbitrator (to ensure that traditional grievance redress systems are integrated) and an NGO
working with indigenous people groups. The multi-tier GRM for the project is outlined below (Figure
10), each tier having time-bound schedules and with responsible persons identified to address
grievances and seek appropriate persons' advice at each stage, as required. The GRC will continue
to function throughout the project duration.
156. The project GRM notwithstanding, an aggrieved person shall have access to the country's
legal system at any stage and accessing the country's legal system can run parallel to accessing the
GRM and is not dependent on the negative outcome of the GRM. In case of grievance related to land
20 The CLMC has been formed at the town/city level for planning and monitoring of work, resolve issues related to
departmental coordination etc. It is headed by Commissioner/Executive Officer ULB (Chairman) and city engineer of
public health engineering department (PHED), public works department (PWD) and head of PIU acting as Member
Secretary.
21 City Level Committee (CLC)/grievance redress committees (GRCs) has been constituted for each town/city under the
Chairmanship of District Collector to provide overall subproject guidance and “to sort out issues and remove hindrances,
if any”. CLC formed at city-level/district level with members composed of: District Collector as Chairperson, and following
as members: ULB Commissioner/Mayor/Chairman; Deputy Mayor/Vice Chairman ULB; Chairman/Secretary Urban
Improvement Trust (UIT); Head of Zonal/field level PIU as Member Secretary; one representative each from relevant
government departments as appropriate (PWD/PHED/Town Planning Department etc.). All CLCs in their role as GRCs
will have at least one-woman member/chairperson. In addition, for project-related grievances, representatives of affected
persons, community-based organizations (CBOs), and eminent citizens will be invited as observers in GRC meetings.
The concerned Member of Parliament (MP) and Member of Legislative Assembly are also part of the CLC.
54
acquisition, resettlement and rehabilitation, the affected persons will have to approach a legal
body/court specially proposed under the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act (RFCTLARRA), 2013.22
APD = Additional Project Director, ASO = Assistant Safeguards Officer, CAPPC = community
awareness and public participation consultant, CMSC = construction management and supervision
consultants, CLC = city level committee, CLMC = city level monitoring committee, GRC = grievance
redress committee, PIU = project implementation unit, PMU = program management unit, PMCBC =
project management and capacity building consultant.
157. People who are, or may in the future be, adversely affected by the project may submit
complaints to ADB’s Accountability Mechanism. The Accountability Mechanism provides an
independent forum and process whereby people adversely affected by ADB-assisted projects can
voice, and seek a resolution of their problems, as well as report alleged violations of ADB’s
operational policies and procedures. Before submitting a complaint to the Accountability Mechanism,
affected people should make an effort in good faith to solve their problems by working with the
concerned ADB operations department. Only after doing that, and if they are still dissatisfied, should
they approach the Accountability Mechanism.23
158. Record-keeping. The PIU of each town/city will keep records of grievances received,
including contact details of complainant, date the complaint was received, nature of grievance,
agreed corrective actions and the date these were affected and final outcome. The number of
grievances recorded and resolved, and the outcomes will be displayed/disclosed in the PMU office,
PIU offices, and on the web, as well as reported in monitoring reports submitted to ADB on a semi-
annual basis. The sample grievance registration format is attached as Appendix 12.
22The Authority admits grievance only with reference to the Land Acquisition and R&R issues under the RFCTLARRA,
2013.
23 Accountability Mechanism. http://www.adb.org/Accountability-Mechanism/default.asp.
55
159. Periodic review and documentation of lessons learned. The PMU Project Officers
(Social and Environment) will periodically review the functioning of the GRM in each town and record
information on the effectiveness of the mechanism, especially on the project’s ability to prevent and
address grievances.
160. Costs. Contractors are required to allocated budget for pamphlets and billboards as part
of the EMP. Costs involved in resolving the complaints (meetings, consultations, communication and
reporting/information dissemination) will be borne by the concerned PIU at town level while costs
related to escalated grievances will be met by the PMU. Cost estimates for grievance redress are
included in resettlement cost estimates.
161. Presently GRC in 14 ongoing project towns are functional as per RSTDSP’s Grievance
Redress Mechanism (GRM). Therefore 2nd and 3rd level GRC are already functional at Zonal PIUs
(at Jaipur and Jodhpur) and PMU levels. PIU level GRC shall be formed in upcoming project towns
after PIUs in new towns are established through office order from PMU for the same
162. The purpose of the environmental management plan (EMP) is to ensure that the activities
are undertaken in a responsible, non-detrimental manner with the objectives of: (i)providing a
proactive, feasible, and practical working tool to enable the measurement and monitoring of
environmental performance on-site; (ii) guiding and controlling the implementation of findings and
recommendations of the environmental assessment conducted for the project;(iii) detailing specific
actions deemed necessary to assist in mitigating the environmental impact of the project; and (iv)
ensuring that safety recommendations are complied with.
163. A copy of the EMP must be kept at work sites at all times. This EMP will be included in
the bid documents and will be further reviewed and updated during implementation. The EMP will be
made binding on all contractors operating on the site and will be included in the contractual clauses.
Non-compliance with, or any deviation from, the conditions set out in this document constitutes a
failure in compliance.
164. For civil works, the contractor will be required to (i) establish an operational system for
managing environmental impacts (ii) carry out all of the monitoring and mitigation measures set forth
in the EMP; and (iii) implement any corrective or preventative actions set out in safeguards monitoring
reports that the employer will prepare from time to time to monitor implementation of this IEE and
EMP. The contractor shall allocate budget for compliance with these EMP measures, requirements
and actions. Tables for Environment Management Plan during Design, Pre-construction,
Construction and Operation phases are given below
56
Field Anticipated Impact Mitigation Indicator of Responsible for Monitoring Cost and
Measures Compliance Implementation of Mitigation Source of
Funds
Utilities Telephone lines, (i) Identify and Contractor in collaboration CMSC/ PIU No cost
electric poles and include -Contingency plan for with PIU and with approval required.
wires, water lines and locations and services disruption of PMU
gas pipe lines within operators of (i) List of affected Mitigation
proposed project area these utilities utilities and operators; measures are
in the detailed (ii) Bid document to part of TOR of
design include requirement for PMU, PIU and
documents to a contingency plan for Consultants
prevent service interruptions
unnecessary (example provision of
disruption of water if disruption is
services more than 24 hours),
during spoil management plan
construction (Appendix 7), and
phase; and traffic management plan
(ii) Require (Appendix 8)
construction
contractors to
prepare a
contingency
plan to include
actions to be
taken in case
of
unintentional
interruption of
services.
(iii) Require
contractors to
prepare spoils
management
plan
(Appendix 7)
and traffic
management
plan
(Appendix 8)
59
Field Anticipated Impact Mitigation Indicator of Responsible for Monitoring Cost and
Measures Compliance Implementation of Mitigation Source of
Funds
Construction Disruption to traffic flow (i) Prioritize -List of pre-approved Contractor to finalize CMSC/ PIU No cost
work camps, and sensitive receptors areas within or sites for construction locations in consultation required.
hot mix plants, nearest work camps, areas for and approval of PIU
stockpile possible stockpile, storage and Mitigation
areas, storage vacant space disposal measures are
areas, and in the project -Waste management part of TOR of
disposal location; plan PIU and
areas. (ii) If it is - Written consent of Consultants
deemed landowner/s (not and also part of
necessary to lessee/s) for reuse of contractual
locate excess spoils to terms
elsewhere, agricultural land
consider sites
that will not
promote
instability and
result in
destruction of
property,
vegetation,
irrigation, and
drinking water
supply
systems;
(iii) Do not
consider
residential
areas;
(v) For excess
spoil disposal,
ensure (a) site
shall be
selected
preferably
from barren,
infertile lands.
In case
agricultural
60
Field Anticipated Impact Mitigation Indicator of Responsible for Monitoring Cost and
Measures Compliance Implementation of Mitigation Source of
Funds
land needs to
be selected,
written
consent from
landowners
(not lessees)
will be
obtained; (b)
debris disposal
site shall be at
least 200 m
away from
surface water
bodies;
Sources of Extraction of materials (i) Prioritize Permits issued to Contractor to prepare list CMSC/ PIU No cost
Materials can disrupt natural land sites already quarries/sources of of approved quarry sites required.
contours and permitted by materials and sources of materials
vegetation resulting in the - List of approved quarry with the approval of PIU Mitigation
accelerated erosion, Department of sites and sources of measures are
disturbance in natural Mines and materials; part of TOR of
drainage patterns, Geology - Bid document to PIU and
ponding and water (ii) If other sites include requirement for Consultants
logging, and water are necessary, verification of suitability and also part of
pollution. inform of sources and permit contractual
construction for additional quarry terms
contractor that sites if necessary.
it is their
responsibility
to verify the
suitability of all
material
sources and to
obtain the
approval of
PMU and
(iii) If additional
quarries will be
required after
61
Field Anticipated Impact Mitigation Indicator of Responsible for Monitoring Cost and
Measures Compliance Implementation of Mitigation Source of
Funds
construction is
started, inform
construction
contractor to
obtain a
written
approval from
PIU.
Consents, Failure to obtain (i) Following Consents, permits, PIU and Consultants PMU No cost
permits, necessary consents, consents are clearance, NOCs, etc. required. Cost
clearances, permits, NOCs, etc. required- of obtaining all
NOCs, etc. can result to design Tree cutting- consents,
revisions and/or local authority permits,
stoppage of works Storage, clearance,
handling and NOCs, etc.
transport of prior to start of
hazardous civil works
materials- responsibility
RSPCB of PIU.
Sand mining,
quarries, Mitigation
borrow areas- measures are
Department of part of TOR of
mines and PIU and
Geology Consultants
Traffic
diversion/road
cutting- local
authority,
traffic police
(ii) Ensure that
all necessary
approvals for
construction to
be obtained by
contractor are
in place before
62
Field Anticipated Impact Mitigation Indicator of Responsible for Monitoring Cost and
Measures Compliance Implementation of Mitigation Source of
Funds
start of
construction
(iii)
Acknowledge
in writing and
provide report
on compliance
all obtained
consents,
permits,
clearance,
NOCs, etc.
(iv) Include in
detailed
design
drawings and
documents all
conditions and
provisions if
necessary
Social and Risk of archaeological Conduct of any works within 300 Chance Construction CMSC/ PIU Cost for
Cultural chance finds m from the boundary of ASI monument find Contractor implementation
Resources requires prior permission from National protocol of mitigation
Monument Authority. (Appendix measures
PIU to consult Archaeological 20) responsibility
Department with exact distance and depth of contractor.
of sewer works close to Mehrangarh fort,
and ensure that any feedback or
measures suggested is incorporated into
design/construction.
Consult with concerned religious
authorities, nearby people and devotees
in pre-construction phase and explain the
work method and duration of proposed
works, take their suggestions and
comments and incorporate in design the
mitigation measures required
63
Field Anticipated Impact Mitigation Indicator of Responsible for Monitoring Cost and
Measures Compliance Implementation of Mitigation Source of
Funds
Plan construction adjacent to
religious/social sites, undertake
excavation and construction work in such
a way that no structural damage is caused
to the religious building.
Observe the local rituals and
important dates of festivals,
weekly/monthly/annual religious
occasions in the religious places and plan
construction activities not to make any
disturbance/hindrance/obstacles during
such time to the religious places,
64
Existing Disruption of (i) Obtain from PIU the list of affected utilities Existing Utilities Construction CMSC/ PIU Cost for
Infrastructure service and and operators if any; Contingency Contractor implementation
and Facilities damage to (ii) Prepare a contingency plan to include Plan of mitigation
existing actions to be done in case of unintentional measures
infrastructure interruption of service responsibility of
at specified (iii) inform nearby community in advance contractor.
project about the nature and timings of disturbance
location
68
Table 12: Environmental Monitoring Plan of ambient air, noise, water and soil quality and
other during Construction
Monitoring Monitoring Monitoring Frequency Responsibility Cost &
field location parameters Source of
Funds
Construction All work sites Implementation of Weekly Supervising No costs
disturbances, dust control, noise during staff, EHS officer required
nuisances, control, traffic construction and safeguards
public & worker management, & specialists
safety safety measures.
Site inspection
checklist to review
implementation is
appended.
Tree cutting Tree cutting permit Continuous Supervising Contractor
Upper Pal taken, Tree cutting staff, EHS officer
redevelopment done and safeguards
specialists
Construction, Construction, As per SEMP Weekly EHS officer, contractor
Labour Camp, Labour Camp, Environment
storage yard storage yard Specialist of
Management Management consultant
Solid waste Construction, As per SEMP Weekly EHS officer, contractor
management Labour Camp, Environment
storage yard Specialist of
Management consultant
Construction All construction site As per SEMP and Weekly EHS officer, contractor
and demolition applicable rules Environment
waste and regulations Specialist of
management consultant
Ambient air 3 locations PM10, PM2.5, NO2, Quarterly Contractor Contractor
quality (Upper Pal) during SO2, CO except (ref table
construction) Monsoon 30 & 31
period and
Appendix
2)
Ambient noise 3 locations Day time and night Quarterly Contractor Contractor
(Upper Pal) during time noise levels (ref table
construction) 30 & 31
and
Appendix 3
)
Ground Water 2 locations pH, TDS, Total Quarterly Contractor Contractor
quality (Upper Pal) during Hardness, Zn, except
construction) Chloride, Iron, Monsoon
Copper, DO, period
Manganese,
Sulphate, Nitrate,
Fluoride, Hg,
Cadmium, Cr+6,
Arsenic, Lead,
Total Alkalinity,
Phosphate,
Phenolic
compound
78
B. Institutional Arrangements
165. The Local Self Government Department (LGSD) is the executing agency which is
responsible for the overall strategic guidance and ensure the compliance with ADB loan covenants.
RUDSICO is the implementing agency responsible for the technical supervision and project
implementation. The RUDSICO Board (under the chairmanship of the Honourable Minister), the
LGSD and the City Level Monitoring Committees (CLMCs, under the chairmanship of their respective
commissioner/executive officer) is proposed to monitor the project implementation. The PMU is
already established at state-level (Jaipur) and headed by a dedicated Project Director. The PIUs
have two zonal offices (1 in Jaipur and 1 in Jodhpur). Each zonal office is headed by an additional
chief engineer. Urban Local Bodies (ULBs) will be the final custodian and user of the created
infrastructure. As primary stakeholders, the ULBs will be involved and engaged in the day-to-day
monitoring and implementation.
166. At the PMU level, the Project Director is being supported by Additional Project Director
(Chief Engineer-level) and a Chief Engineer, who are being supported by Dy Project Directors
(Technical and Administration) and a financial advisor. There is one project officer for Social and
another project officer for Environmental aspects within PMU.
167. The PMU is being supported by the Project Management and Capacity Building
Consultants (PMCBC). The PMCBC shall manage preparation/vetting design documents, tendering
of contracts, implementation of resettlement, environmental management and gender action plans;
setting and managing project performance monitoring systems, planning and managing
implementation of training and capacity building as well as institutional strengthening activities
besides preparing reports as per ADB requirements. PMCBC has engaged a social safeguard
specialist and environmental safeguard specialist at the PMU level for managing all social and
environmental safeguard related support services as envisaged in its scope of work. They will be
assisted by concerned field level safeguard support staffs of CMSCs and PIU.
168. There are two zonal PIUs already established in Jaipur and Jodhpur. One PIU shall be
established at every town before award of new projects. PIUs at the town-level shall be headed by a
Superintending Engineer / Executive Engineer, who shall work as Project Manager and shall sign the
79
contract documents, manage the contract and disburse payments as Drawing and Disbursing Officer.
170. Community awareness and public participation consultants (CAPPC)- CAPC core unit is
already established at PMU, Jaipur and at fields in ongoing 14 project towns. CAPC field team will
be established in upcoming project towns after PIUs are formed in new towns. CAPC will closely
work in the field (with PIUs) to facilitate creation of project awareness and ensuring public
participation for all project works at the community level CAPPC shall also undertake various IEC
activities to promote and pursue health and hygiene among the communities.
172. Project Management Unit. RUDSICO will establish a state-level PMU, headed by
dedicated project director, and housed in EAP division of RUDSICO. For the purpose of project
implementation, 2 Zonal project implementation units (Zonal PIUs), at Jaipur and Jodhpur, headed
by additional chief engineers (ACE) will be established. At PMU, there will be two dedicated project
officers (i) project officer (Environment) and (ii) project officer (Social and Gender), who will be
responsible for compliance with the environmental, social safeguards and gender in program
implementation. Key responsibilities of the project officer (Environment) are enumerated in Table 28.
80
173. The PMU will be supported by 3 institutional consultants under the supervision and control
of PD, PMU: (i) the project management and capacity building consultants (PMCBC) will support the
PMU; (ii) 2 CMSC will support the 2 zonal PIUs and town-level PIUs; and (iii) CAPPC, will support
the zonal PIUs and town-level PIUs.
174. Zonal Project implementation units (Zonal PIUs). There are 2 zonal level PIUs at Jaipur
and Jodhpur. Under each zonal PIU, there will be city/town level PIUs, for ease of day-to-day
monitoring and management at local level. The additional chief engineer at each Zonal PIU will serve
as the Nodal Officer, Safeguards and Gender. Each Zonal PIU will be staffed with an assistant
safeguards officer (ASO Environmental and Social Safeguards) who will assist PMU project officer
(environment/social) in implementation of the environmental/social safeguards and GESI action plan
in PIUs under its jurisdiction. Zonal PIUs will undertake internal monitoring and supervision and
record observations throughout the project period to ensure that the safeguards and mitigation
measures are provided as intended.
81
175. The zonal level ASO will oversee safeguards implementation by the city/town level PIUs,
coordinate public consultations, information disclosure, regulatory clearances and approvals,
implementation of resettlement plans, EMP implementation, and grievance redressal. Key safeguard
tasks and responsibilities of the zonal PIU ASO (Environment) are enumerated in Table 28.
176. Town/City Level Project Implementation Unit. The town-level PIUs shall be responsible
for the quality of works executed under the project and will be guided by the zonal PIUs. The city/town
PIUs will be responsible for implementation of the IEE. The town-level PIUs will be headed by a
project manager (executive engineer or assistant engineer) and supported by CMSC field staff.
Environment Safeguard Professional of CMSCs will assist PIUs in implementation of environmental
safeguard. At each PIU, the Assistant Project Manager will be given additional responsibilities of
safeguard tasks and will be designated as safeguard and safety officer (SSO). The SSO will be
assisted by the social and gender specialist and environment specialist of CMSC in reviewing
updated/revised IEEs, etc. They will also be responsible for coordination of field level activities related
to safeguards conducted by the DB contractor and CMSC. Key responsibilities of the town-level
environment specialist are enumerated in Table 28.
177. Contractors. The contractor will be required to update the IEE and will be responsible for
providing final design (including pipe alignments) to the supervision consultant for
finalization/updating of resettlement plan. The contractor shall appoint an environment, health and
safety (EHS) engineer who will be responsible on a day-to-day basis for (i) ensuring implementation
of EMP, (ii) coordinating with the town-level PIUs and environment specialists of project consultant
teams; (iii) community liaison, 24 consultations with interested/affected people, (iv) field-level
grievance redress; and (iv) reporting.
178. The Contractor has required to submitted to RUDSICO-EAP, for review and approval, a
SEMP including (i) proposed sites or locations for construction work camps, storage areas, hauling
roads, lay down areas, disposal areas for solid and hazardous wastes; (ii) specific mitigation
measures following the approved EMP; (iii) monitoring program per SEMP; (iv) budget for SEMP
implementation. No works can commence prior to approval of SEMP.
179. A copy of the EMP or approved SEMP will be kept on-site during the construction period
at all times. Non-compliance with, or any deviation from, the conditions set out in the EMP or SEMP
constitutes a failure in compliance and will require corrective actions. The EARF and the IEEs specify
responsibilities in EMP implementation during design, construction and O&M phases.
180. RUDSICO-EAP will ensure that bidding and contract documents include specific provision
requiring Contractors to comply with: (i) all applicable labour laws and core labour standards on (a)
prohibition of child labour as defined in national legislation for construction and maintenance
activities; (b) equal pay for equal work of equal value regardless of gender, ethnicity, or caste and (c)
elimination of forced labour; and (ii) the requirement to disseminate information on sexually
transmitted diseases including HIV/AIDS, to employees and local communities surrounding the
project sites.
24 Reasonable size social outreach team (SOT) to be appointed by contractor to facilitate community liaison, consultations
and R&R implementation (including resolution of grievances). Requirement of SOT will be included in bid document.
82
Responsible Responsibility
Agency Pre-Construction Stage Construction Stage Post-Construction
ADB SPS, (b) Government of (iv) Organize capacity building
India national, state, and local programs on environmental
environmental laws and safeguards
regulations, (c) core labour (iv) Coordinate with national
standards, (d) OH&S, (e) EMP and state level government
implementation especially agencies
spoil management, working in (vi) Assist in addressing any
congested areas, public grievances brought about
relations and ongoing through the Grievance
consultations, grievance Redress Mechanism in a
redress, etc. timely manner as per the IEEs
(vii) Assist in addressing any (ix) Coordinate PIUs,
grievances brought about consultants and contractors
through the Grievance on mitigation measures
Redress Mechanism in a involving the community and
timely manner as per the IEEs affected persons and ensure
(viii) Organize an induction that environmental concerns
course for the training of and suggestions are
contractors preparing them on incorporated and
EMP implementation, implemented
environmental monitoring
requirements related to
mitigation measures; and
taking immediate actions to
remedy unexpected adverse
impacts or ineffective
mitigation measures found
during the course of
implementation.
(ix) Ensure compliance with all
government rules and
regulations regarding site and
environmental clearances as
well as any other
environmental requirements
(x) Assist PMU, PIUs, and
project NGOs to document and
develop good practice
construction guidelines to
assist the contractors in
implementing the provisions of
IEE.
(xi) Assist in the review of the
contractors’ implementation
plans to ensure compliance
with the IEE.
PIU, (i) Ensure IEE is included in (i) oversee day-to-day (i) Conducting
Safeguard and bid documents and contract implementation of EMPs by environmental
Safety Officer agreements. Ensure cost of contractors, including monitoring, as
(SSO) EMP implementation is compliance with all specified in the EMP.
provided. government rules and (ii) Issuance of
(iv) Disclose of approved regulations. clearance for
EIAs/IEEs. (ii) take necessary action for contractor’s post-
(v) Obtain all necessary obtaining rights of way; construction activities
clearances, permits, consents,
86
Responsible Responsibility
Agency Pre-Construction Stage Construction Stage Post-Construction
NOCs, etc. Ensure compliance (iii) oversee implementation of as specified in the
to the provisions and EMPs, including EMP.
conditions. environmental monitoring by
(vi) EMP implementation contractors;
regarding sites for disposal of (iv) take corrective actions
wastes, camps, storage areas, when necessary to ensure no
quarry sites, etc. environmental impacts;
(vii) Organize an induction (v) submit monthly
course for the training of environmental monitoring
contractors, preparing them on reports to PMU,
EMP implementation, (vi) conduct continuous public
environmental monitoring consultation and awareness;
requirements related to (vii) address any grievances
mitigation measures, and on brought about through the
taking immediate action to grievance redress mechanism
remedy unexpected adverse in a timely manner as per the
impacts or ineffective IEEs; and
mitigation measures found
during the course of
implementation.
Consultant – (i) Review IEE/EMP submitted (i) Monitor EMP
1.PMCBC- by CMSC and revise report to implementation
Environmental submit to PMU (ii) Assist in addressing any
Safeguard (ii) Assist PMU and PIU in grievances brought about
Specialist – obtaining all necessary through the Grievance
1 no. clearances, permits, consents, Redress Mechanism in a
Asbestos NOCs, etc. Ensure provisions timely manner as per the
Expert – 1no. and conditions are IEEs.
Heritage incorporated in the IEE and
Expert – 1no. detailed design documents.
Biodiversity (iii) Assist in ensuring IEE is
Expert – 1no. included in bid documents and
contract agreements.
(iv) Assist in determining
adequacy of cost for EMP
implementation.
(v) Assist in addressing any
concern related to IEE and
EMP.
(vi). Conduct specific
assessment requirements
Consultant- (i) Update initial environmental Monitoring of Implementation (i) Assist in the
2. CMSC- assessment for proposed of EMP at site by contractor inspection and
2 nos. project using REA checklists Recommend corrective action verification of
Environmental and submit to PIU/PMCBC measures for non-compliance contractor’s post-
safeguards (ii) Assist in summarizing IEE by contractors construction activities.
professional and translating to language Assist in the review of
understood by local people. monitoring reports submitted
by contractors
(iv) Assist in the preparation of
monthly monitoring reports
conduct continuous public
consultation and awareness;
87
Responsible Responsibility
Agency Pre-Construction Stage Construction Stage Post-Construction
Contractors (i) Review the IEE and provide (i) Implement EMP. (i) Ensure EMP post-
(EHS information about changes (ii) Implement corrective construction
Engineer) needed as per revised design actions if necessary. requirements are
and scope of works to ESS of (iii) Prepare and submit satisfactorily complied
PMCBC for final revision of IEE monitoring reports including (ii) Request
(ii)Prepare EHS plan and take pictures to PIU certification from PIU
approval from CMSC/PIU and (iv) Comply with all applicable
Ensure EMP implementation legislation, is conversant with
cost is included in the the requirements of the EMP;
methodology. (v) Brief his staff, employees,
(iii) Undergo EMP and labourer about the
implementation orientation by requirements of the EMP and
ESS of supervision consultant provide environmental
prior to start of works awareness training to staff,
(iv) Provide EMP employees, and laborers;
implementation orientation to (vi) Ensure any sub-
all workers prior to deployment contractors/ suppliers who are
to worksites utilized within the context of
(v) Seek approval for camp the contract comply with all
sites and sources of materials. requirements of the EMP. The
(vi) Ensure copy of IEE is Contractor will be held
available at worksites. responsible for non-
Summary of IEE is translated compliance on their behalf;
to language understood by (vii) Bear the costs of any
workers and posted at visible damages/compensation
places at all times. resulting from non-adherence
to the EMP or written site
instructions;
(viii) Ensure that PIU and
ACM/SO are timely informed
of any foreseeable activities
related to EMP
implementation.
integration into the project detailed design; (iv) improved coordination within nodal departments; and
(v) monitoring and reporting system. Specific modules customized for the available skill set will be
devised after assessing the capabilities of the target participants and the requirements of the project.
The contractors will be required to conduct environmental awareness and orientation of workers prior
to deployment to work sites. The proposed training project, along with the frequency of sessions, is
presented in Table 29.
Table 13: Capacity Building Program on EMP Implementation
Sl. Description Target Participants and Cost and Source
No. Venue of Funds
1 Introduction and Sensitization to Environmental Issues All staff, ULBs and PMU cost
(1 day) consultants involved in the
- ADB Safeguards Policy Statement project
-EARF of RSTDSP
-Government of India and Rajasthan applicable At PMU, Jaipur
safeguard laws, regulations and policies including but
not limited to core labour standards, OH&S, etc.
-Incorporation of EMP into the project design and
contracts
-Monitoring, reporting and corrective action planning
2 Treated Effluent Reuse Concepts, Design and All staff at PMU and ULBs PMU cost
Management
3 Sludge Reuse Concept, Design and Management All staff at PMU and ULBs PMU cost
4 EMP implementation (2 days) All staff and consultants PMU cost
-Roles and responsibilities involved in the subproject
-OH&S planning and implementation
-Wastes management (water, hazardous, solid, excess All contractors before start
construction materials, spoils, etc.) of construction works
-Working in congested areas,
- Public relations At PIU
- Consultations
- Grievance redress
-Monitoring and corrective action planning
-Reporting and disclosure
-Post-construction planning
5 Plans and Protocols (1 day) All staff and consultants PMU cost
-Construction site standard operating procedures (SOP) involved in the project
- Asbestos Management Plan
-Heritage Impact Assessment All contractors before start Contractors cost as
-Biodiversity and Critical Habitat Assessment of construction works or compliance to
- Site-specific EMP during mobilization stage. contract provisions
-Traffic management plan on EMP
-Spoils management plan At PIU implementation
-Waste management plan
- Chance find protocol
- O&M plans
- Post-construction plan
6 Experiences and best practices sharing All staff and consultants PMU Cost
- Experiences on EMP implementation involved in the project
- Issues and challenges All contractors
- Best practices followed All NGOs; At PMU Jaipur
7 Contractors Orientation to Workers on EMP All workers (including Contractors cost as
implementation (OH&S, core labour laws, spoils manual laborers) of the compliance to
management, etc.) contractor prior to dispatch contract provisions
to worksite on EMP
implementation
89
184. Prior to commencement of the work, the DB contractor will submit a compliance report to
PIU ensuring that all identified pre-construction environmental impact mitigation measures as
detailed in the EMP will be undertaken. PIU with the assistance of the SO and ESS of PMCBC,
consultant will review the report and thereafter PMU will allow commencement of works.
185. During construction, results from internal monitoring by the DB contractor will be reflected
in their monthly EMP implementation reports to the PIU and ACM, CMSC. Project officer
(Environment) and ACM will review and advise contractors for corrective actions if necessary.
Monthly report summarizing compliance and corrective measures taken will be prepared by
safeguard officer with the assistance of ACM and submitted to PMU.
186. Quarterly report shall be prepared by CMSC and PIU and submitted to PMU for review
and further actions.
187. Based on monthly and quarterly reports and measurements, PMCBC will draft semi-
annual report and submit PMU for their review and further submission to ADB (Appendix 10). Once
concurrence from the ADB is received the report will be disclosed in the Project website.
188. The PMU will submit semi-annual environmental and social safeguards monitoring reports
to ADB, which will be reviewed and disclosed on ADB’s website. The monitoring reports will be
prepared by PMU with assistance from the PMCBC based on inputs from the PIU’s safeguard
officers, CMSC, contractors and NGOs, where relevant. The status of safeguard implementation,
issues, and corrective actions including associated cost and schedule are to be clearly reported to
ADB. The status of safeguards implementation will also be discussed at each ADB review mission
and with necessary issues and agreed actions recorded in Aide Memoires. ADB will also carry out
annual environmental and/or social (including gender) reviews of the Project. The outline of the semi-
annual environmental monitoring report is in Appendix 10. ADB’s monitoring and supervision
activities are carried out on an ongoing basis until a project completion report (PCR) is issued. Thus,
semi-annual report, which may cover O&M of completed packages, will be submitted to ADB until
PCR is issued.
189. ADB will review project performance against the project commitments as agreed in the
legal documents. The extent of ADB's monitoring and supervision activities will be commensurate
with the project’s risks and impacts. Monitoring and supervising of social and environmental
safeguards will be integrated into the project performance management system.
4 Surface water Quality Pre-construction per sample 30 6720 201,600 Civil works
and Construction cost
(quarterly)
Subtotal (A) 450,000
B Capacity Building
1. Introduction and Pre-construction lump sum 25,000 PMU
sensitization to
environment issues
2. EMP implementation Construction lump sum 25,000 PMU
3. Plans and Protocols Construction lump sum 25,000 PMU
lump sum 25,000 Civil works
cost
4. Experiences and best Construction/Post lump sum 10,000 PMU
practices sharing -Construction
5. Contractors Prior to dispatch Lump sum 25,000 Civil works
Orientation to to worksite cost
Workers on EMP
implementation
Subtotal (B) 135,000
C Civil Works
1 Water Sprinkling for Construction KL 250 111 27750 Civil works
dust suppression cost
Sub Total (C) 27,550
D Grievance Lump 10,000 Civil works
Redressal sum cost
Mechanism
Sub Total (D) 10,000
Total (A+B+C+D+E) INR 622,550.00
(In Words: Rupees Six Lacs Twenty Two thousand Five Hundred fifty Only)
192. The public participation processes undertaken during project design ensured
stakeholders are engaged during the preparation of the IEE. The planned information disclosure
measures and process for carrying out consultation with affected people will facilitate their
participation during implementation. The project's grievance redress mechanism will provide the
citizens with a platform for redressing grievances, and describes the channels, timeframe, and
mechanisms for resolving complaints about environmental performance.
193. The Environmental Management Plan proposed in the project includes mitigation
measures for identified impacts, training and capacity building activities, a monitoring plan to ensure
that the environmental standards are maintained throughout the project construction period and a
reporting plan to ensure that the project is implemented as per environmentally sound engineering
and construction practices. The budgetary provision for mitigating the anticipated impacts by
proposed subproject component is made in the project for effective implementation of the EMP. Total
estimated cost for EMP implementation is approx. Rs. 622,550/- (Rupees six lacs twenty two
thousand five hundred fifty only)
194. The EMP will assist the PMU, PIU, Consultants and contractors in mitigating the
environmental impacts, and guide them in the environmentally sound execution of the proposed
project. The EMP will also ensure efficient lines of communication between PIU/ULB, PMU,
consultants and contractor. A copy of the EMP shall be kept on-site during the construction period at
all times. The EMP shall be made binding on all contractors operating on the site, and will be included
in the contractual clauses. Non-compliance with, or any deviation from, the conditions set out in this
document shall constitute a failure in compliance.
195. The project will benefit the general public by contributing to the long-term improvement of
Lake front at Five Lakes of Sagwara lake in Sagwara. The potential adverse environmental impacts
are mainly related to the construction period, which can be minimized by the mitigation measures
and environmentally sound engineering and construction practices.
92
196. Therefore, as per ADB SPS, the project is classified as environmental category B and
does not require further environmental impact assessment.
Cultural heritage site No There are 4 state protected and one ASI
protected monuments in Sagwara. Sagwara fort
an ASI protected monument is situated about
600 m from the project site and as such the
project area do not overlaps with any protected
monument, either state or ASI protected.
Protected Area No Nearest environmentally sensitive area is Desert
National Park which lies at an aerial distance of
30 km from PIA.
94
Estuarine No
Buffer zone of protected area No
Degradation of land and ecosystems (e.g. No The project will not cause degradation of land
loss of wetlands and wild lands, andecosystem.
coastal zones, watersheds and forests)?
Dislocation or involuntaryresettlement No
of people
Degradation of cultural property, and loss of No Improvement in tourism revenue anticipated due
cultural heritage and tourism revenues? to thedevelopment of the lake as an ecotourism
destination
Occupation of low-lying lands, floodplains and No
steep hillsides by squatters and low-income
groups, and their exposure to increased
health
hazards and risks due to pollutive industries?
Water resource problems (e.g. depletion/ No Sanitation problems may occur temporarily
degradation of available water supply, during construction phase due to generation of
deterioration for surface and ground water sewage and solid waste from the construction/
quality, and labour camp.
pollution of receiving waters?
Air pollution due to urbanemissions? Yes Minor impacts during construction
phase areanticipated due to
excavation, demolition, transport of materials
and operation of equipment like diesel
generators and concrete mixers. Mitigation
measures are considered in EMP.
95
Location and Is siting and/or routing of the project (or its components) 0 No such issue
Design of likely to be affected by climate conditions including extreme may affect the
project weather related events such as floods, droughts, storms, project
landslides?
Would the project design (e.g. the clearance for bridges) 0 No such issue
need to consider any hydro-meteorological parameters may affect the
(e.g., sea-level, peak river flow, reliable water level, peak project
wind speed etc)?
Materials and Would weather, current and likely future climate conditions 0 No such issues
Maintenance (e.g. prevailing humidity level, temperature contrast may affect the
between hot summer days and cold winter days, exposure project
to wind and humidity hydro-meteorological parameters
likely affect the selection of project inputs over the life of
project outputs (e.g. construction material)?
Would weather, current and likely future climate conditions, 0 No such issue
and related extreme events likely affect the maintenance may affect the
(scheduling and cost) of project output(s) ? project
Performance Would weather/climate conditions, and related extreme 0 No problem will
of project events likely affect the performance (e.g. annual power envisaged in
outputs production) of project output(s) (e.g. hydro-power future which
generation facilities) throughout their design life time? likely affect the
performance of
project output
Options for answers and corresponding score are provided below:
Response Score
Not Likely 0
25If possible, provide details on the sensitivity of project components to climate conditions, such as how climate parameters are
considered in design standards for infrastructure components, how changes in key climate parameters and sea level might affect
the siting/routing of project, the selection of construction material and/or scheduling, performances and/or the maintenance
cost/scheduling of project outputs.
97
Likely 1
Very Likely 2
Responses when added that provide a score of 0 will be considered low risk project. If adding all
responses will result to a score of 1-4 and that no score of 2 was given to any single response, the
project will be assigned a medium risk category. A total score of 5 or more (which include providing
a score of 1 in all responses) or a 2 in any single response will be categorized as high risk project.
Parameter Location a India Ambient Air WHO Air Quality Applicable Per
Quality Standard Guidelines (µg/m3) ADB SPSe
(µg/m3)b Global Second (µg/m3)
Update c Edition 2000
2005
Sensitive Area 100 (Annual) 100 (Annual)
400 (24-hr) 400 (24-hr)
Benzene Industrial 5 (Annual) 5 (Annual)
(C6H6) Residential,
Rural and Other
Areas
Sensitive Area 5 (Annual) 5 (Annual)
Benzo(o)pyre Industrial 0.001 (Annual) 0.001 (Annual)
ne (BaP) Residential,
particulate Rural and Other
phase only Areas
Sensitive Area 0.001 (Annual) 0.001 (Annual)
Arsenic (As) Industrial 0.006 (Annual) 0.006 (Annual)
Residential,
Rural and Other
Areas
Sensitive Area 0.006 (Annual) 0.006 (Annual)
Nickel (Ni) Industrial 0.02 (Annual) 0.02 (Annual)
Residential,
Rural and Other
Areas
Sensitive Area 0.02 (Annual) 0.02 (Annual)
a Sensitive area refers to such areas notified by the India Central Government.
b Notification by Ministry of Environment and Forests, Government of India Environment (Protection) Seventh
Amendment Rules, 2009
c WHO Air quality guidelines for particulate matter, ozone, nitrogen dioxide and sulphur dioxide. Global
update 2005. WHO. 2006
d Air Quality Guidelines for Europe Second Edition. WHO 2000.
e Per ADB SPS, the government shall achieve whichever of the ambient air quality standards is more
stringent. If less stringent levels or measures are appropriate in view of specific project circumstances, the
executing agency of the government will provide full and detailed justification for any proposed alternatives that
are consistent with the requirements presented in ADB SPS
100
is more stringent. If less stringent levels or measures are appropriate in view of specific
project circumstances, the executing agency of the government will provide full and detailed
justification for any proposed alternatives that are consistent with the requirements
presented in ADB SPS.
102
is more stringent. If less stringent levels or measures are appropriate in view of specific
project circumstances, the executing agency of the government will provide full and detailed
justification for any proposed alternatives that are consistent with the requirements
presented in ADB SPS.
d Figures in parenthesis are maximum limits allowed in the absence of alternate source.
105
All subprojects
Subproject will avoid potentially significant Complied- Sub project is not
adverse impacts that are diverse, irreversible or having significant adverse
unprecedented (ADB SPS Category A for impacts, anticipated impacts
environment). are temporary and reversible
and can be mitigated through
mitigation plans suggested in
IEE
Comply with all requirements of ADB SPS 2009 Complied- Sub project
and follow procedures set in this EARF. complies all the requirements
of ADB SPS 2009
Comply with relevant national, and local laws, Complied- Sub project
rules and regulations regarding EIA, complies all relevant national
environmental protection, pollution prevention and local laws, rules and
(water, air, noise, solid waste, etc.), wildlife regulations applicable to this
protection, core labour standards, physical type of sub projects
cultural resources, health and safety, and other
laws in specific sectors as indicated below
Reflect inputs from public consultations Complied- Stakeholder’s
consultations are conducted in
the project planning phase and
suggestions are incorporated
in project designs
Location Avoid involuntary resettlement by prioritizing Complied- All components of
rehabilitation over new construction using vacant sub project are planned on
government land where possible, and taking all government land only. No land
possible measures in design and selection of site acquisition is done to avoid any
or alignment to avoid resettlement impacts involuntary resettlement.
Avoid or minimize the cutting of trees Complied- Tree cutting is
avoided as far as possible and
if tree cutting is unavoidable, it
has been minimized to lowest
level and compensatory
plantation measures are
adopted for tree cutting
Biodiversity Avoid locating subprojects in critical habitats, Complied- None of the
such as, but not limited to, wildlife/bird components of the subproject
sanctuaries, national parks, tiger reserves, are located near or within any
elephant reserves, conservation reserves or core environmentally protected
zone of biosphere reserves. Appendix 1 provides areas, core zones of biosphere
preliminary analysis using the International reserves and highly valued
Biodiversity Assessment Tool (IBAT) key habitat.
biodiversity areas, protected areas, IUCN red list
species and likelihood of critical habitats per
town.
Should not directly affect environmentally
protected areas, core zones of biosphere
reserves and highly valued habitat
If work is proposed with the aim of improving the Not applicable to this sub
conservation or management of designated project
subproject sites (e.g. improved drainage), this
must only be undertaken: (i) after a
107
(i) Workmen Compensation Act, 1923 - The Act provides for compensation in case of injury by
accident arising out of and during the course of employment.
(ii) Payment of Gratuity Act, 1972 - Gratuity is payable to an employee under the Act on
satisfaction of certain conditions on separation if an employee has completed 5 years’
service or more or on death at the rate of 15 days wages for every completed year of service.
The Act is applicable to all establishments employing 10 or more employees.
(iii) Employees’ PF and Miscellaneous Provisions Act, 1952 - The Act provides for monthly
contributions by the employer plus workers @10 % or 8.33 %.The benefits payable under
the Act are: (a) Pension or family pension on retirement or death as the case may be; (b)
deposit linked insurance on the death in harness of the worker; (c) payment of PF
accumulation on retirement/death etc.
(iv) Maternity Benefit Act, 1951 as amended in 2017 - The Act provides for leave and some
other benefits to women employees in case of confinement or miscarriage etc.
(v) Contract Labour (Regulation and Abolition) Act, 1970 - The Act provides for certain welfare
measures to be provided by the Contractor to contract labour and in case the Contractor
fails to provide, the same are required to be provided by the Principal Employer by Law. The
principal employer is required to take Certificate of Registration and the Contractor is
required to take a License from the designated Officer. The Act is applicable to the
establishments or Contractor of principal employer if they employ 20 or more contract labour.
(vi) Minimum Wages Act, 1948 - The employer is supposed to pay not less than the Minimum
Wages fixed by appropriate Government as per provisions of the Act if the employment is a
scheduled employment. Construction of Buildings, Roads, Runways are scheduled
employment.
(vii) Payment of Wages Act, 1936 - It lays down as to by what date the wages are to be paid,
when it will be paid and what deductions can be made from the wages of the workers.
(viii) Equal Remuneration Act, 1979 - The Act provides for payment of equal wages for work of
equal nature to Male and Female workers and not for making discrimination against Female
employees in the matters of transfers, training and promotions etc.
(ix) Payment of Bonus Act, 1965 - The Act is applicable to all establishments employing 20 or
more workmen. The Act provides for payments of annual bonus subject to a minimum of
8.33 % of wages and maximum of 20 % of wages to employees drawing Rs. 3,500/- per
month or less. The bonus to be paid to employees getting Rs. 2,500/- per month or above
up to Rs.3,500/- per month shall be worked out by taking wages as Rs.2,500/- per month
only. The Act does not apply to certain establishments. The newly set up establishments are
exempted for five years in certain circumstances. Some of the State Governments have
reduced the employment size from 20 to 10 for the purpose of applicability of the Act.
(x) Industrial Disputes Act, 1947 - The Act lays down the machinery and procedure for resolution
of industrial disputes, in what situations a strike or lock-out becomes illegal and what are the
requirements for laying off or retrenching the employees or closing down the establishment.
(xi) Industrial Employment (Standing Orders) Act, 1946 - It is applicable to all establishments
employing 100 or more workmen (employment size reduced by some of the States and
Central Government to 50). The Act provides for laying down rules governing the conditions
of employment by the employer on matters provided in the Act and get the same certified by
the designated Authority.
(xii) Trade Unions Act, 1926 - The Act lays down the procedure for registration of trade unions
of workmen and employees. The trade unions registered under the Act have been given
certain immunities from civil and criminal liabilities.
109
(xiii) Child Labour (Prohibition and Regulation) Act, 1986 - The Act prohibits employment of
children below 14 years of age in certain occupations and processes and provides for
regulation of employment of children in all other occupations and processes. Employment
of child labour is prohibited in Building and Construction Industry.
(xiv) Inter-State Migrant Workmen's (Regulation of Employment and Conditions of Service) Act,
1979 - The Act is applicable to an establishment which employs 5 or more inter-state migrant
workmen through an intermediary (who has recruited workmen in one state for employment
in the establishment situated in another state).The inter-state migrant workmen, in an
establishment to which this Act becomes applicable, are required to be provided certain
facilities such as housing, medical aid, traveling expenses from home up to the
establishment and back, etc
(xv) Construction and Demolition Waste Management Rules 2016- This Rule stipulate that-
a) Every waste generator shall segregate construction and demolition waste and deposit
at collection centre or handover it to the authorized processing facilities
b) Shall ensure that there is no littering or deposition so as to prevent obstruction to the
traffic or the public or drains.
c) Large generators (who generate more than 20 tons or more in one day or 300 tons per
project in a month) shall submit waste management plan and get appropriate approvals
from the local authority before starting construction or demolition or remodelling work,
d) Large generators shall have environment management plan to address the likely
environmental issues from construction, demolition, storage, transportation process and
disposal / reuse of C & D Waste.
e) Large generators shall segregate the waste into four streams such as concrete, soil,
steel, wood and plastics, bricks and mortar,
f) Large generators shall pay relevant charges for collection, transportation, processing
and disposal as notified by the concerned authorities;
(xvi) Solid Waste Management Rules 2016- As per this Rule, responsibility of Solid Waste
Generator is as below-
(xvii) segregate and store the waste generated in three separate streams namely bio-degradable,
non-biodegradable and domestic hazardous wastes in suitable bins and handover
segregated wastes to authorized waste pickers or waste collectors as per the direction or
notification by the local authorities from time to time;
(xviii) store separately construction and demolition waste, as and when generated, in his own
premises and shall dispose off as per the Construction and Demolition Waste Management
Rules, 2016; and
(xix) No waste generator shall throw, burn or burry the solid waste generated by him, on streets,
open public spaces outside his premises or in the drain or water bodies.
(xv) The Building and Other Construction Workers (Regulation of Employment and
Conditions of Service) Act, 1996 and the Cess Act of 1996 - All the establishments who carry on
any building or other construction work and employ 10 or more workers are covered under this Act.
All such establishments are required to pay Cess at rate not exceeding 2% of the cost of construction
as may be notified by the Government. The employer of the establishment is required to provide
safety measures at the building or construction work and other welfare measures, such as canteens,
first-aid facilities, ambulance, housing accommodation for workers near the workplace etc. The
employer to whom the Act applies has to obtain a registration certificate from the Registering Officer
appointed by the Government. Following are the major requirements under this Act, applicable to this
project-
110
Employer shall-
g) Provide and maintain, at suitable point, sufficient quantity of wholesome drinking water,
such point shall be at least 6 meters away from any washing areas, urinals or toilets
h) Provide sufficient urinals and latrines at convenient place, easily accessible by workers
i) Provide free of charge, temporary living accommodations near to work sites with
separate cooking place, bathing and lavatory facilities and restore the site as pre
conditions after completing the construction works
j) Provide crèche with proper accommodation, ventilation, lighting, cleanliness and
sanitation if more than fifty female workers are engaged
k) Provide first aid facilities in all construction sites
(xvi) The Occupational Safety, Health And Working Conditions Code, 2020: The Occupational
Safety, Health And Working Conditions Code, 2020 is a code to consolidate and amend the laws
regulating the Occupational safety and health and working conditions of the persons employed in an
establishment and for matters connected therewith or incidental thereto. This Code simplifies,
amalgamates and rationalises the provisions of the different enactments with certain important
changes which, inter alia, are as under:—
(i) To impart flexibility in adapting technological changes and dynamic factors, in the matters
relating to health, safety, welfare and working conditions of workers;
(ii) To apply the provisions of the proposed Code for all establishments having ten or more workers,
other than the establishments relating to mines and docks;
(iii) To provide the concept of “one registration” for all establishments having ten or more employees.
However, for the applicability of all other provisions of the Code in respect of factories, except
registration, the threshold has been fixed twenty workers in a factory (with power) and forty workers
(without power);
111
(iv) To include the journalist working in electronic media such as in e-paper establishment or in
radio or in other media in the definition of “working journalists”;
(v) To provide for issuing of appointment letter mandatorily by the employer of an establishment to
promote formalisation in employment;
(vi) To provide free of cost annual health check-ups for employees above the specified age in all or
certain class of establishments by which it would be possible to detect diseases at an early stage for
effective and proper treatment of the employees;
(vii) To make the provisions relating to Inter-State Migrant Workers applicable on the establishment
in which ten or more migrant workers are employed or were employed on any day of the preceding
twelve months and also provide that a Inter-State Migrant may register himself as an Inter-State
Migrant Worker on the portal on the basis of self-declaration and Aadhaar;
(viii) An Inter-State Migrant Worker has been provided with the portability to avail benefits in the
destination State in respect of ration and availing benefits of building and other construction worker
cess;
(ix) To constitute the National Occupational Safety and Health Advisory Board to give
recommendations to the Central Government on policy matters, relating to occupational safety,
health and working conditions of workers;
(x) To constitute the State Occupational Safety and Health Advisory Board at the State level to advice
the State Government on such matters arising out of the administration of the proposed Code;
(xi) To make a provision for the constitution of Safety Committee by the appropriate Government in
any establishment or class of establishments;
(xii) To employ women in all establishments for all types of work. They can also work at night, that
is, beyond 7 PM and before 6 AM subject to the conditions relating to safety, holiday, working hours
and their consent;
(xiii) To make provision of “common license” for factory, contract labour and beedi and cigar
establishments and to introduce the concept of a single all India license for a period of five years to
engage the contract labour;
(xiv) To enable the courts to give a portion of monetary penalties up to fifty per cent. to the worker
who is a victim of accident or to the legal heirs of such victim in the case of his death;
(xv) To provide overriding powers to the Central Government to regulate general safety and health
of persons residing in whole or part of India in the event of declaration of epidemic or pandemic or
disaster;
(xvi) To make provision for Social Security Fund for the welfare of unorganised workers; and
(xvii) To make provision for adjudging the penalties imposed under the Code.
112
DD) The Spoil Management Plan should be site specific and be part of the monthly Construction
Management Plan.
EE) The contractor, in consultation with the ULB, has to find out appropriate location/s for the
disposal of the excess soil generated. The spoils should be deposited only at these sites.
FF) Further precautions need to be taken in case of the contaminated spoils.
GG) The vehicle carrying the spoil should be covered properly.
hh) The spoils generating from each site should be removed on the same day or immediately
after the work is complete. The site / road should be restored to the original condition.
I. Spoils information
The spoil information contains the details like a) The type / material, b) Potential contamination by
that type, c) Expected volume (site / component specific), d) Spoil Classification etc.
III. Documentation
The volume of spoil generated (site specific, date wise), site disposed, reuse / disposal details should
be documented properly.
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3. Figure A2 to Figure A12 illustrates the operating policy for TMP for the construction of water
pipes and the sewers along various types of roads.
5. If full road-closure of certain streets within the area is not feasible due to inadequate capacity
of the detour street or public opposition, the full closure can be restricted to weekends with the
construction commencing on Saturday night and ending on Monday morning prior to the morning
peak period.
Figure 11: Policy Steps for the TMP
• Review construction schedule and methods
Review
• Develop a mechanism to address public grievances regarding disruptons (traffic, utilities, and
Public diversions)
Redress
the area and will also be available at the PIU, and the contractor's site office. The text of the brochure
should be concise to be effective, with a lot of graphics. It will serve the following purpose:
fff) explain why the brochure was prepared, along with a brief description of the project;
ggg) advise the public to expect the unexpected;
educate the public about the various traffic control devices and safety measures adopted at the work
zones;
educate the public about the safe road user behaviour to emulate at the work zones;
tell the public how to stay informed or where to inquire about road safety issues at the work zones
(name, telephone, mobile number of the contact person; and
indicate the office hours of relevant offices.
E. Install traffic control devices at the work zones and traffic diversion routes
10. The purpose of installing traffic control devices at the work zones is to delineate these areas
to warn, inform, and direct the road users about a hazard ahead, and to protect them as well as the
workers. As proper delineation is a key to achieve the above objective, it is important to install good
traffic signs at the work zones. The following traffic control devices are used in work zones:
hhh) Signs
iii) Pavement Markings
jjj) Channelizing Devices
kkk) Arrow Panels
lll) Warning Lights
11. Procedures for installing traffic control devices at any work zone vary, depending on road
configuration, location of the work, construction activity, duration, traffic speed and volume, and
pedestrian traffic. Work will take place along major roads, and the minor internal roads. As such, the
traffic volume and road geometry vary. The main roads carry considerable traffic; internal roads in
the new city areas are wide but in old city roads very narrow and carry considerable traffic. However,
regardless of where the construction takes place, all the work zones should be cordoned off, and
traffic shifted away at least with traffic cones, barricades, and temporary signs (temporary “STOP”
and “GO”).
12. Figure A2 to Figure A12 illustrates a typical set-up for installing traffic control devices at the
work zone of the area, depending on the location of work on the road way, and road geometrics:
mmm) Work on shoulder or parking lane
nnn) Shoulder or parking lane closed on divided road
ooo) Work in Travel lane
ppp) Lane closure on road with low volume
qqq) Lane closure on a two-line road with low volume (with yield sign)
rrr) Lane closure on a two-line road with low volume (one flagger operation)
sss) Lane closure on a two lane road (two flagger operation)
ttt) Lane closure on a four lane undivided Road
uuu) Lane closure on divided roadway
vvv) Half road closure on multi-lane roadway
www) Street closure with detour
13. The work zone should take into consideration the space required for a buffer zone between
the workers and the traffic (lateral and longitudinal) and the transition space required for delineation,
as applicable. For the works, a 30 cm clearance between the traffic and the temporary STOP and
GO signs should be provided. In addition, at least 60 cm is necessary to install the temporary traffic
signs and cones.
14. Traffic police should regulate traffic away from the work zone and enforce the traffic diversion
result from full street closure in certain areas during construction. Flaggers/ personnel should be
equipped with reflective jackets at all times and have traffic control batons (preferably the LED type)
for regulating the traffic during night time.
116
16. In addition to the delineation devices, all the construction workers should wear fluorescent
safety vests and helmets in order to be visible to the motorists at all times. There should be provision
for lighting beacons and illumination for night constructions.
117
Figure 12: Work on shoulder or parking lane & Shoulder or parking lane closed on divided
road
118
Figure 13: Work in Travel lane & Lane closure on road with low volume
119
Figure 14: Lane closure on a two-line road with low volume (with yield sign) & Lane
closure on a two-line road with low volume (one flagger operation)
Figure 15: Lane Closure on a Two-Lane Road (Two Flagger Operation) & Lane Closure on
a Four-Lane Undivided Road
120
Figure 16: Lane Closure On Divided Roadway & Half Road Closure On Multi-Lane
Roadway
121
Various consultations were done during social and environmental impact assessment of the project
with residents of the town at various locations to understand their level of satisfaction about the
present status of Sagwara Lakes and also to understand their awareness about the proposed works
and their willingness/acceptance of the proposed works under RUSTDIP. Details of these
consultations are given below-
Public Consultation
Date and Participants Topic
Outcome Photographs
Location Total Male Female Discussed
Present status of Conservation and
Lakes and its management of
surroundings Lakes are proposed
areas. Project which includes
components improvement of their
under RSTDSP ecosystem and
and the benefits beautification of town
to the and it was informed
Community. by nearby habitation
that proper
Beautification of infrastructure will be
city and developed there as a
development of part of lake
29.03.2022
new areas of restoration, city
Near
10 06 03 recreations. development and
Lohariya,
Interlinking of beautification.
Sagwara
lakes and its pro
and cones. Participants are
happy with proposed
Process of project as it will
logging restore the lakes,
grievance and provide renovated
its mechanism lakefronts with
under the recreational
project. opportunities and will
attract tourist which
will add in city
economy also.
City level Stakeholder Committee (CLC) Meeting (dtd. 29.07.2021)- A town-level City Level
Committee (CLC) has been formed in Sagwara district by Government orders. City Level Committee
meeting was organized during the detailed design stage to which representatives of primary and
secondary stakeholders were invited. City Level Stakeholder committee meeting was organized for
Sagwara on dtd. 29.07.2021 to discuss the matter of proposed subproject components including
restoration and beautification of lakes in Sagwara under the chairmanship of District Collector,
Dungarpur, in presence of Chairman SMC, Vice-chairman, SMC, DPR consultants, RUDSICO-EAP
officials, PHED officials, Municipal Council officials, and other invitee members. Proposed scope of
works and technology was discussed in the meeting. The feedback and concerns of the stakeholders
were taken into consideration for finalization of design and scope of works. The project was agreed
by the committee for further course of action by RUDSICO-EAP. Minutes of CLC meeting, attendance
sheet and photographs are given below-
128
t) Checking if there are any activities being under taken out of working hours and how that is
being managed.
Pre-Construction Phase
Construction Phase
Operational Phase
d) Provide monitoring results and an analysis of results in relation to baseline data and statutory
requirements
8. Appendixes
b) Photos
c) Summary of consultations
d) Copies of environmental clearances and permits
e) Sample of environmental site inspection report
f) Other
136
Signature
Name Name
Position Position
138
Project:
Contact information/personal details
Name Gender * Male Age
* Female
Home address
Place
Phone no.
E-mail
Complaint/suggestion/comment/question Please provide the details (who, what, where, and
how) of your grievance below:
Mode of communication:
Note/letter
E-mail
Verbal/telephonic
Reviewed by: (Names/positions of officials reviewing grievance)
Action taken:
9. Worker engaged for night works should have previous experience of night works and should be
physically fit for such works including clear vision in night
10. All the necessary provisions of traffic aids such as traffic signals, road signage, barricades, cautions
boards, traffic diversion boards etc. should be available with fluorescent/retro-reflective
arrangements
11. Workers should be trained before start of night works about risks and hazards of night works and
their mitigation measures and should be provided all the protective aids (PPEs) including
fluorescent/retro-reflective vests
12. Horns should not be permitted by equipments and vehicles
13. Workers should not shout and create noise
14. First aid and emergency vehicles should be available at site
15. Emergency preparedness plan should be operative during night works
16. Old persons and pregnant women and women having small kids should not work in night time
17. All the vehicles and equipments being used at night works should have adequate type of
silencers/enclosures/mufflers to reduce noise
18. All the vehicles should be checked for working head lamps, tail lamps, inner lights etc. before start of
night works
g) PIU/CMSC site engineers and contractors safety personnel should closely monitor the
safety of works continuously and noise and illumination levels on hourly basis and maintain
photographic and videographic records as well as register the observations
h) Night works should be stopped early in the morning at least one hour before start of
pedestrian/traffic movement
i) After completion of night works all the site should be cleaned and maintained
obstruction free for day time movement of vehicles and pedestrians
j) Drivers and workers should be alert and responsive during night works
k) All the wages to workers working in night hours should be as per the applicable labour
acts
l) Avoid any nuisance which may create problems to nearby habitants and work
peacefully during night hours
m) Night works should not be conducted near hospitals and during peak seasons such as
peak tourist season, students’ exam times etc.
141
Gamaria Lake 01
Gameriya Lake 02
142
Masaniya Lake
Lohariya Lake
143
Hariyala Lake 05
144
Playground
145
Appendix 18: Environmental Monitoring Plan - Ambient Air, Noise, Water and Soil
n) Under RSTDSP works Environmental Monitoring will done for ambient air, noise,
surface water, ground water and soils with following parameters-
a) Ambient Air Quality- Particulate Matters PM10, Particulate Matter PM2.5, SOx, NOx,
Carbon Monoxide (CO) as per methods and norms approved by CPCB
b) Ambient Noise Quality- Lday and Lnight (in Leq dBA) 24 hrs basis as per methods and
norms approved by CPCB
c) Surface Water Quality- pH, Turbidity, Total Hardness, DO, BOD, COD, Chloride, Hg,
Iron, TDS, TSS, Calcium, Zn, Cr+6, Magnesium, Copper, Manganese, Sulphate, Cyanide, Nitrate,
Sodium, Potassium, Fluoride, Cadmium, Arsenic, Lead, Boron, Selenium, Aluminium, Total residual
Chlorine
d) Ground Water Quality- pH, TDS, Total Hardness, Zn, Chloride, Iron, Copper, DO,
Manganese, Sulphate, Nitrate, Fluoride, Hg, Cadmium, Cr+6, Arsenic, Lead, Total Alkalinity,
Phosphate, Phenolic compound
e) Soil quality- pH, Elect. Conductivity (at 250C), Moisture (at 1050C), Texture (silt, clay,
sand), Calcium (as CaO), Magnesium (as Mg), Permeability, Nitrogen (as N), Sodium (as Na),
Phosphate (as PO4), Potassium (as K), Organic Matter, oil and grease
Note -
146
a) All the tests should be done by labs approved by CPCB and/or RSPCB and should be
accredited by NABL
b) All the tests should be done as per the norms and methods approved by CPCB/RSPCB
c) All the meteorological data like weather, wind, location, nearby features etc. should be
recorded during sampling and indicated in the report for ambient air quality
d) If surface water is not available within 500 meters of the site, ground water quality
monitoring should be done from the vicinity within 500 meters and if both surface and ground water
is available at any site both should be taken
e) For air quality monitoring, if any two sites are within the distance of 2 kms from each
other, only one sampling can be done at any site
* Sensitive receptors are hospitals, schools, any major religious place etc
147
Excavation and refilling of earth are common activities, which, if not carefully executed may pose
problems to the safety of works as well as passers-by and road users during the impending Monsoon.
Normal and heavy rainfall event affect our ongoing works, It should be our conscientious effort to
ensure that such events do not prove to be problematic to people and structures in town. During
monsoon PIU/PMCBC should ensure that any further excavation work is taken up only after ensuring
that the earlier work is in safe stage. It is desired that DCM/ACM & Ex En PIU should inspect all sites
during rains and take proactive actions.
Some of the precautions and mitigation measures to be taken are discussed below-
a) The execution of works having deep excavation in smaller lanes and congested areas should
be completed well before monsoon. The works of deep excavation during monsoon should not be
preferably taken up or extensive care should be taken for execution of such works.
b) The contractor’s crew should be equipped with vehicle, gum boots, raincoats, torch etc. to tackle
such situation during and after rains. Adequate quantities of earth, debris and gravel should be
stacked at strategic places so that no time is lost in procuring such material.
c) In trenches where pipe laying has been done and duly tested and approved, refilling should be
done and all surplus material relocated to safe disposal sites such that it does not obstruct traffic or
waterways.
d) All open ends of WS and WW pipelines should be firmly plugged to prevent debris from entering
the pipeline. Manhole covers of sewer lines should be fixed in place to avoid any harm to road users.
e) Drains are primary or secondary carriers of storm water. Any unutilized construction material
should be relocated to allow free passage of storm water. Surplus earth should be suitably and
immediately be relocated to avoid earth from falling into the drain so that choking does not occur.
f) Overhead works should not be carried on in-weather conditions that threaten the safety of
workers. More frequent checks on scaffold and bracings should be done during monsoon season.
g) Additional precautions should be taken of the power lines, ignorance and carelessness can
cause major accidents and casualty.
h) Take preventive measures for water logging in working areas by providing dewatering pumps.
Place bright and reflective warning signs.
i) Inspection should also be carried out before resumption of work after a shower/rain.
j) Storage of Construction Material: Steel & Cement are vital ingredients for quality construction
work but in absence of proper storage, especially during monsoon, cement and steel may rapidly
decline in quality and strength. Care should be taken to protect these materials and use of any
exposed material should be allowed only after conducting fresh tests. Improper storage of such
material should be reported to SE PIU/ACM PMCBC and use of any apparently affected material
should be done after permission of SE PIU/DCM/ACM.
Additional Precautions
k) Adequate set up and resources such as dewatering pumps, electrical routings etc should be
planned ahead. Water logging on main roads to be avoided, where construction works are going on.
l) Ensuring the monsoon specific PPE’s issued in adequate and are used during monsoon.
m) Use of electric extension box should be avoided; extension cables (if used) should not be wet
and damaged. Cables connections should be only weatherproof/waterproof. Electrical and HSE
personnel of contractor should visit permanent and running sites regularly. Transparent protective
sheets/rain sheds should be placed for the power distribution boards.
n) Welding machines, bar cutting machines etc. should be kept in dry conditions; should not stand
in water logged area. Brakers and Drill machines should not be used when raining; dirt/mud should
be scrubbed with cloth.
o) Special Trainings to all drivers and operators on safe practices and all vehicles/ equipment’s
maintenance checks to be more frequent.
148
p) High boom equipment to be stopped during blowing of high speed wind and rain storm. Arresting
of parked vehicles, equipment during monsoon should be done.
q) All chemicals should be stored as per MSDS, chemicals to be protected from water ingress.
Chemical waste should be disposed for preventing overflow of chemicals.
r) At labor camps following precautions should be taken:-
s) Maintaining hygiene & proper housekeeping.
t) Additional health checkup camp to identify seasonal diseases
u) Preventive measures on mosquito/parasite breeding mainly in work locations and camps
v) Frequent cleaning of toilets
w) To avoid water borne diseases, high level of cleanliness to be maintained, drinking water
containers need to be cleaned and kept covered. Walk areas and pathways to be covered with Murom
and soft rock particles (to avoid soft soil conditions).
x) Obstacle free approach to rest sheds, camp and toilets.
y) Proper illumination, provision of battery operated emergency lights
z) No bonfires inside resting sheds. No use of wood.
SE–PIU and DCM/ACM-PMCBC should oversee the arrangements to effectively deal with the
eventuality.
EHS officer of contractor should visit each site and camps more frequently. Contractor/EHS officer
will also impart training on safe working methods during Monsoon and will keep a daily watch on
weather conditions to share with site team to act accordingly.
Contractor should organize Monsoon Health Camps and Monitor Workmen Habitat and Hygiene.
149
18. There is no need to provide separate urinals in any place where less than 50 workers are
employed or where the latrines are connected to water borne sewage system.
19. Sanitary and toilet facilities should be designed to provide workers with adequate privacy
including ceiling to floor partitions and lockable doors.
20. Separate toilet and bathing facilities should be available for Men and women. These facilities
shall be distinctly marked "for men" and "for women" by signs printed in English and in the native
language of the persons using the facilities, and/or marked with easily understood pictures or
symbols.
21. Workers' gender, religious, cultural and social backgrounds should be respected. In particular,
workers should be provided with the possibility of celebrating religious holidays and observances.
22. No pets, birds or livestock should be kept or fed unless approved by management or camp
operator.
23. There should be proper arrangement of colour coded dustbins i.e. Green for
wet/biodegradable wastes, blue for dry/non-biodegradable waste and red for safe disposal of
domestic hazardous waste i.e. sanitary napkins and diapers.
24. There should be adequate facility for waste water management (i.e. septic tanks/soak pits)
and for disposal of Municipal solid waste (i.e. composting).
25. The person in charge of managing the accommodations has a specific duty to report to the
health authorities the outbreak of any contagious diseases, food poisoning and any other important
casualties.
26. Guidance on the detrimental effects of the abuse of alcohol and drugs and other potentially
harmful substances and the risk, concerns related to HIV/AIDS and other health risk related activities
should be provided to the workers through group/individual orientations and should also be displayed
at camps as visual boards.
27. Workers should have easy access to medical facilities and medical staff where possible
female doctors/nurses should be available for female workers. Regular health check up should be
done for the workers. First-AID Kit/Health care facilities should be available in the camps. There
should be proper demarcation/display of First Aid facility and First Aider.
28. A specific fire safety plan should be prepared including training of fire wardens, periodic
testing and monitoring of fire safety equipments.
29. All key contacts, emergency contact number, including nearby hospital should be posted in a
prominent place and in all languages present e.g. at camp gate and throughout the camp
151
Google map image showing distance from Sagwara Town to ASI Protected Monument
Somnath Temple at Devsomnath, in Dungarpur District.
153
Google map image showing distance from Sagwara Town to ASI Protected Monument Jain
Temple inscription at Baroda, in Dungarpur District.
154
Project town being a heritage town, there are possibility of any chance finds (artefacts) recovery during
excavations. Contractors working at heritage towns must take additional care not to destroy or damage
historic features during excavations. There may be many buried historic features in heritage towns such
as – idols, toys, wells, ancient drains, remains of buildings, other walls, grain pits, etc. Every care must
be made not to destroy these during excavations.
Excavator drivers need to be instructed to be aware of hitting buried features and that they must be
investigated before continuing work. When features are encountered during mechanical excavation,
work should stop and the PIU/Consultants engineers must be informed immediately so that they can be
inspected at the first opportunity.
When historic features such as walls, brick constructions and other features are encountered during
excavation the excavation must be stopped immediately and the PIU/Consultants must be informed
immediately.
2. Instructions for Contractors
As soon as contractor recovers any chance find during any excavation works for pipe laying, they should
immediately inform PIU/Consultant present in town about the chance find recovery. Immediately stop
the excavation activity near point of recovery. After PIU/consultants engineers come at site, contractor
should follow cleaning and photography in supervision of PIU/Consultant engineers.
3. Cleaning
When a feature/chance find is discovered it must be defined by careful cleaning. Roots must be removed
and dirt must be carefully cleaned away. The section or trench base should also be cleaned back for a
little distance around the feature.
4. Record photography
When the feature is clean good photography should be taken – vertical and face-on shots and a few
general shots of the feature, also showing its position in relation to surrounding features, buildings, etc.
The photographed should be catalogued (date, location, direction of shot)
5. Drawn record
When features/chance finds are revealed a drawn record should also be made.
1. General location record – measuring its position and orientation within the protected site / in relation
to surrounding structures
2. Record drawings – detail drawings made in plan and section/profile. The extent (edges) of the
feature should be drawn and the level of the existing ground surface and the top and base of the feature
should be recorded. These levels should be marked on the drawings. The drawings should include detail
of the construction of the feature. Perspective sketches could also be made if necessary. Explanatory
notes can also be put on the drawings.
6. Reporting finds
When finds are made these should be reported to PIU/Consultants. Photographs and record drawings
should be sent.
7. Discovery of historic objects
When clearance and excavation takes place artifacts and historic objects are sometimes found. These
should be recovered and kept in a safe place. The place of discovery should be recorded and each find
given a number and tag tied to the find with the same number on it. A list of the finds should be kept
(with the find No. And place of discovery and date of discovery recorded).
8. PIU/Consultants responsibility- PIU/Consultants should inform in written to the State
Archaeological Department at the earliest with photographs and request to Archaeology Department to
visit the site and hand over the chance finds to them.
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night but with day temperatures still well above 200C. The average rainfall of district is 710 mm and
occurs great variations from year to year and drought situation is normal condition in the district.
The major crops of the Kharif season are maize, rice, blackgram, soybean and cotton, while wheat,
gram and barley are major Rabi crops. Area under Zaid green gram cultivation is increasing. Cereal
crops (maize, wheat and rice) constitute 88.12% of gross cultivated area followed by pulses (blackgram,
pigeonpea, gram and greengram) 11.45% and oilseeds 0.23 % (soybean).
Ground Water Recharge and other ecosystem services;
The natural and seasonal water-flows (run off) in the area contribute recharging of ground water, thus
maintains water level in wells, lakes and ponds of the area, which provide the freshwater needs of the
local communities. The vegetation cover slows down the surface run-off and increases the percolation
of water to sub-surface layers and promotes groundwater recharge. During the process of infiltration,
purification of water is also done by the soil and sediments. Natural ecosystems also paly vital role in
nutrient cycling to maintain the productivity of the ecosystems. Lake ecosystems in Sagwara support
rich avian and fish biodiversity and control the moisture of soil, thereby supporting rich plant biodiversity
(macrophyte, herb, shrub, and tree species) in the area.
Supporting Services
Vegetal cover in the lake surroundings are home to many species, from the animal kingdom to fungi,
plants and many microorganisms. These complex ecosystems host substantial biodiversity and store
genetic resources.
They provide multiple goods and services which benefit people in many ways including economic,
material, health, emotional support. Natural resource, particularly the plants (trees) provide foods, such
as honey, nuts, fruits, timber, wood biomass and medicinal plants. The landscape of Sagwara
incorporates five lakes amid the green surroundings and few islands in the lake are nestling sites of
various kind of birds and the entire landscape provides the perfect place to enjoy nature and to practice
recreational activities, for instance cycling, running or walking. These activities can support tourism in
Sagwara area and can support human well-being in many ways, economically, physically and
psychologically.
The diversity of trees and plants that make up vegetal cover around lakes can improve and maintain soil
quality, which has a crucial role in the nutrients cycle and in filtering water. The natural functioning of
the ecosystems of the Sagwara Lake area create or maintain basic natural resources, such as soil-
nutrients and photosynthetic production, that support human life-sustaining activities, including farming,
food-gathering, cooking and grazing of livestock.
Cultural services
Sagwara Lakes are located in the heart of the city and are prime location for cultural events in Sagwara
town and owing to presence of Temples in its shore line, the place also has the religious importance.
RAPID BIODIVERSITY SURVEY
Introduction
Biodiversity is the variety of life on Earth, it includes all organisms, species, and populations; the genetic
variation among these; and their complex assemblages of communities and ecosystems. It also refers
to the interrelatedness of genes, species, and ecosystems and in turn, their interactions with the
environment. Three levels of biodiversity are commonly discussed — genetic, species and ecosystem
diversity. 1. Genetic diversity is all the different genes contained in all the living species, including
individual plants, animals, fungi, and microorganisms. 2. Species diversity is all the different species, as
well as the differences within and between different species. 3. Ecosystem diversity is all the different
158
habitats, biological communities and ecological processes, as well as variation within individual
ecosystems28.
Importance of Biodiversity Conservation:
Biodiversity conservation provides substantial benefits to meet immediate human needs, such as clean,
consistent water flows, protection from floods and storms and a stable climate. The loss of biodiversity
is dangerous and its consequences are immediate. Considering the importance of biodiversity, the
United Nations designated 2011-2020 as the UN Decade on Biodiversity and 2021-2030 as the UN
decade on Ecosystem Restoration29 .
Threats to Biodiversity
Owing to various reasons species are going to extinct with a rapid pace, As per 2019 Global
Assessment Report on Biodiversity and Ecosystem Services by Intergovernmental Science-Policy
Platform on Biodiversity and Ecosystem Services (IPBES), 25% of Plant and animal species are
threatened with extension as a result of human activities30.
STUDY AREA DETAILS
198. Sagwara lakes are natural lakes and receive water from their catchments in the form of surface
runoff and through natural drains. Four of these lakes are interconnected through a link channel and
discharges excess water from one lake to another in its downstream, thus performs as flood mitigation
structure. Redevelopment of five lakes (Masaniya, Lohariya, Gemaria-01, Gemaria 02, and Hariyala
lake), and improvement of connectivity (Link channel) will further enhance the ecosystem structure and
functioning along with development of vegetal cover. The five Lakes of Sagwara are important repository
of water and biodiversity in the city but they are in dilapidated state of their ecosystem and water quality.
Restoration of these lakes, their sustainable management and protection and stabilization of their
ecosystem health is urgently needed. The Five Lakes of Sagwara has the potential to be developed as
an active zone, as a centre of recreation for local population. Like other shallow lakes, these lakes has
a role in supporting biodiversity, especially avian biodiversity and filtering the waters in the land –water
interface through the sediments. Unfortunately, the lakes are also infested with excessive growth of
water lily, water cabbage and water hyacinth. Major Features in 5km radius of Gadisar are depicted in
google map image in Figure 1 and areas under red blocks are forest blocks. No project component is
proposed to be undertaken in any of the forest area.
28 "What is biodiversity?". United Nations Environment Programme, World Conservation Monitoring Centre.
29
"United Nations Decade on Biodiversity | United Nations Educational, Scientific and Cultural
Organization". www.unesco.org. Retrieved 11 August 2017.
30 Plumer, Brad (6 May 2019). "Humans Are Speeding Extinction and Altering the Natural World at an 'Unprecedented'
Pace". The New York Times. Retrieved 9 May 2019.
159
Figure 1. Major Features in 5km radius of Sagwara Lakes in Sagwara, areas under red blocks are forest blocks (source Google
Base map).
160
METHODOLOGY ADOPTED
Simple random sampling: After survey area is determined and the size of sampling units is
considered, quadrat with simple random sampling were selected, randomly in the study area. The
coordinates of every sample plot were generated by random numbers. In this method, we randomly
selected a horizontal and vertical position. Both positions can be calculated by multiplying a random
number between 0 and 1 with the range in positions (maximum – minimum), and adding the result to
the minimum position. If the selected position falls outside the area (which is possible if the area is not
rectangular), then a new position is selected31.
Diversity Indices: A diversity index is a mathematical measure of species diversity in a community.
Diversity indices provide more information about community composition than simply species richness
(i.e., the number of species present); they also take the relative abundances of different species into
account.
The species richness, density, abundance and frequency of flora were estimated with the help of
50m x 50mquadrate, with 2 replicate samples at every random selected point. Species richness index
was calculated using Margalef’s Richness Index (RI), with the following formulae:-
1. Density = Total no.of individuals of the species in all the sampling unit (S))
(Total number of sampling units studied (Q))
31 Kindt R and Coe R. 2005. Tree diversity analysis. A manual and software for common statistical methods for ecological and
biodiversity studies. Nairobi: World Agroforestry Centre (ICRAF).
161
Rapid biodiversity assessment was done in the adjoining terrestrial ecosystem of Gadisar Lake in 5
quadrates selected randomly. The geographical coordinates and species recorded in the survey is
provided in Table 1.
Table 1: Quadrate Location with Species of Flora and fauna recorded During Primary Survey
Cyanodon sp.
Quadrate
Quadrate
Quadrate
Quadrate
Quadrate
Of Quadrant No. of
Frequency Richness
Density
S.no. Species individual of Quadrant Abundance
% Index
of Occurrence Studies
5
species
Tectona grandis
1 1 0 1 0 1 3 3 5 60 0.6 1.00 0.621
2 Aegle marmelos 1 1 0 1 0 3 3 5 60 0.6 1.00 0.621
3 Acacia nilotica, 1 0 0 1 0 2 2 5 40 0.4 1.00 0.310
4 Prosopis juliflora 2 1 3 0 0 6 3 5 60 1.2 2.00 0.621
Diospyros
5 melanoxylon 0 1 0 1 0 2 2 5 40 0.4 1.00 0.310
Anogeissus
6 latifolia
0 1 1 0 0 2 2 5 40 0.4 1.00 0.310
Writia tinoria
7 0 1 0 0 0 1 2 5 40 0.4 1.00 0.310
Terminalia
8 tomentosa 0 0 1 0 0 1 1 5 40 0.2 1.00 0
Terminalia
9 belerica 0 0 1 0 0 1 2 5 40 0.4 1.00 0.328
Mitragyana 1.00
10 parvilolia 0 0 0 0 1 1 1 5 20 0.2 0
Schrebera 1.00
11 swietenioides 0 0 0 0 1 1 1 5 20 0.2 0
Lunnea 1.00
12 coromandelica 0 0 0 0 1 1 1 5 20 0.2 0
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165
Acacia nilotica and Prosopis juliflora near Ailanthus excels tree Near Lohariya Lake
Masaniya lake in Sagwara
166
167
Cyanodon spp. Grass near lakes of Sagwara Parthanium sp. Near the lakes in Sagwara
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Biodiversity assessment for the project area and its vicinity is done based on primary data obtained
from field survey. Biodiversity assessment based on published literature is also taken into account
apart from detailed IBAT proximity report generated (IBAT analysis and biodiversity assessment is
provided in separate Appendix in this IEE). Rapid biodiversity assessment based on Quadrate survey
is discussed in preceding part of this appendix and the assessment based on IBAT proximity report
generated for subproject and secondary data (published literature) is being provided in paragraphs
below.
Rajasthan is the largest state of the country, having a geographic area of 3,42,239 sq. km. which
constitutes 10.41% area of the country. The State can be divided into four major physiographic regions
namely the western desert with barren hills; the Aravalli hills; the eastern level rocky/sandy plains and
the south-eastern plateau. Aravalli hill range divides the state in two unequal parts. Though the entire
state falls under Arid and Semi arid zone yet area North-West of the Aravalli range comprising of 12
districts viz. Jodhpur, Jaisalmer, Barmer, Pali, Jalore, Sikar, Churu, Jhunjhunu, Nagaur, Bikaner,
Hanumangarh and Ganganagar comprises the Thar Desert and is around 2/3 of the area of the state.
Rajasthan is a unique State which shows great variation from one area to another and is noticeable in
respect of climate, altitude and vegetation. Rajasthan has three major physiographic regions, viz. the
western desert (Thar Desert), the Aravalli hills and the south-eastern plateau. The most striking
geographical feature is the Aravalli range - the oldest folded mountain range in the world, which
intersects the State diagonally end to end north-east to south-west. The elevation of Aravalli range
gradually decreases in northeast direction, as it is 1,772 m at Mt. Abu (Gurushikar), 1100 m at Bijapur,
913 m at Harshanath and 792 m at Khetri; the elevation further decreases to 335 m at Delhi beyond the
boundaries of the State in north-east direction. The total forest area of the State is 16,036 km 2, which
occupies 4.69% of the total geographical area (FSI, 2009).
The State experiences varied climatic condition, from extreme aridity in the north-western parts
(Jaisalmer) to sub-humid conditions in the southern parts (Jhalawar, Banswara and Mount Abu).
Rajasthan despite having a large area under the Thar desert, it also has some densely thick forests with
a wide range of flora and fauna. With over 2000 plants, 87 mammals, 114 fish, 500 birds and 81 reptile
species, the state is a home to rich biodiversity.
Important Flora of Sagwara area: Sagwara area is characterized by Teak mixed forest: It is known as
dry teak forest (5A/C1b) according to Champion and Seth' s classification. Teak Mixed Dry Deciduous
Forests are found in Southern region of Rajasthan Dungarpur and Banswara districts. The species
composition in this type includes Tectona grandis (Teak) , Anogeissus lalifolia (Gum tree) , Butea
monosperma (Palash, Dhak) , Lannea coromandelica (Indian Ash tree) and Boswellia serrata, Babul
(Accasia nilotica), Banyan (Ficus benghalensis), Ber (Zizyphus mauritania), Jamun (Syzygium cumini),
Kadam (Authocephalus cadamba), Khajur (Phoenix sylvestris), Khair (Accacia catechu), Karel
(Capparis decidua), Khejda (Prosopis specigera), Kakera (Flacourtia indica), Mohua (Madhuca indica),
Neem (Azadirachta indica), etc.
Apart from being rich in culture, Rajasthan's biodiversity is hugely diverse. Though most of the state is
covered with desert, it has a large flora and fauna that is scattered all over the region. Each and every
species present in the state has an interesting and important role to play. They all contribute to running
the ecosystem as all of them directly or indirectly depend on each other. The rich floral and faunal
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composition of the state provides useful material for human consumption and contributes in forming a
unique ecosystem.
Wild Animals: The wildlife of this region habitats animals including Leopard, Striped Hyena, Indian
Wolf, Golden Jackal, Hanuman Langur, Four-horned Antelope, Chinkara, Indian Crested Porcupine,
Sambar, Nilgai, Sloth Bear, Toddy Cat or Common Palm Civet, Jungle Cat, Bengal Fox, Crocodile and
Indian Rock Python.
Avifauna: A total of 325 bird species are reported from Project area and this area is emerging as a
new destination for migratory birds (Full Migrant). Owing the occurrence of various lakes and Rivers
(Mahi Basin) this area attracts a number of aquatic birds. In Sagwara , the islands in the lake are the
suitable habitats for aquatic birds and trees in the islands provide nestling, opportunity to birds. The
table below provides the avifauna of project area and their IUCN Red List status. During the
biodiversity assessment important bird species observed were Francolinus pondicerianus,
Streptopelia decaocto Columba livia, Bubulcus ibis, Acridotheres tristis, Sarkidiornis melanotos,
Ardeola grayii, Mycteria leucocephala . IBAT analysis for CR, En and VU species of birds having
probable distribution in Sagwara is separately provided in Biodiversity assessment.
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Mammals: A total of 64 species of mammals have been reported in IBAT with probable
distribution in Sagwara area, of which 6 are under the CR, EN & VU category of Red List and
discussed in biodiversity assessment. However no wild mammal fauna was observed during
the assessment at site.
Reptiles: A total of 54 species are reported in IBAT proximity report having probable distribution in
Sagwara area, of which 5 are under CR, EN and VU category and are discussed in biodiversity
assessment. No reptile was seen during the biodiversity assessment in Sagwara.
Fish Fauna: Fish species reported in IBAT proximity report are listed in table below which are having
probable distribution in Sagwara area and 3 species of fish are listed under EN and VU category. During
the biodiversity assessment Labio Rohita fish was observed in Masania Lake.
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Sagwara Lakes and Playground development subproject is one of the subprojects proposed under the
investment component of RSTDSP. This project encompasses redevelopment of five lakes (Masaniya,
Lohariya, Gemaria-01, Gemaria 02, and Hariyala lake), development of playground and inter
connectivity of these lakes. The five Lakes of Sagwara despite being the important repository of water
and biodiversity in the city are in dilapidated state of their ecosystem and water quality. Restoration of
these lakes, their sustainable management and protection and stabilization their ecosystem health and
water quality is urgently needed along with development of public amenities. The Five Lakes of Sagwara
has the potential to be developed as an active zone, as a centre of recreation for local population.
Further , Sagwara attracts many birds for its perennial water bodies and climatic conditions and could
become an important tourist destination for the birdwatchers. Implementation of the subproject will
restore the five lakes and their ecosystem health and beautification of their lake front will improve the
ambiance over their. Interconnection of lakes will help in flood mitigation and development of green zone
along the link channel will help in restoring the natural environ of the city. Development of a playground
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and will provide sport opportunity to students and youth for various sports. No project component is
proposed in any protected area/ forest blocks and all the project activities are confined to urban premises
of Sagwara and have no adverse impact on ecosystem and biodiversity. Plantation of trees as
proposed in the subproject is the major component wherein plantation is proposed in tune with moisture
conditions including submerged, emerged macrophysics and terrestrial plants. This component will help
in providing additional nestling, perching opportunity to the birds and will help in improving overall
environ of Sagwara.
CONCLUSION
Sagwara area is characterized by Teak mixed forest: It is known as dry teak forest (5A/C1b) according
to Champion and Seth' s classification. Teak Mixed Dry Deciduous Forests are found in Southern region
of Rajasthan Dungarpur and Banswara districts. Project area and its vicinity in Sagwara, has a fair
biodiversity. Trees, shrubs and herbs, adapted for this climatic condition play important role in providing
ecosystem services and its proper functioning and provide various kind of services to mankind, directly
or indirectly. No IUCN Red list species was reported during the primary survey in the project area, in
its close vicinity and in a radius of 5 km from the Project area. Implementation of project do not pose
any impact on ecosystem and ecosystem services and for lesser impacts, mitigation and management
measures provided in EMP.
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This detailed biodiversity assessment is carried out for the proposed Lake Development subproject in
Sagwara City of Rajasthan State in India. This subproject is included in the Rajasthan Secondary Towns
Development Sector Project (RSTDSP) to be financed by ADB. The assessment has been carried out
to identify critical habitats and anticipated impacts from the subproject implementation. The assessment
is based on the desk review and analysis of the secondary information collected through various sources
and supported by the results of the proximity report generated by the Integrated Biodiversity Assessment
Tool (IBAT).
2. Project Description
199. Sagwara Lakes Redevelopment subproject is one of the subprojects proposed under the
investment component of RSTDSP. As a part of the City development and beautification; on the basis
of stakeholder consultations and field studies, it is proposed to rejuvenate five natural wetlands on
ecosystem based solutions. It will develop new recreational space for local public as well as for tourists.
New development is proposed to develop green space around the lakes and improve link channel
between the lakes for effective discharge of water from one lake to other in extreme rains. Subproject
also aims to Develop a Play Ground to provide sports opportunities to students and youth. While
designing the structures and landscape, ecosystem approach was considered so that the interventions
improve the ecosystem health of lakes and improve its water quality and conserve its biodiversity.
The location of project component on town map is given in Figure-1.
The project area of influence (PAI) for study is established on basis of locations on project components
of proposed project. The scope of work covering all components and associated facilities under the
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Sagwara Lake development subproject in Sagwara Town are considered as a project area of influence
(PAI). The critical habitat assessment has been conducted within the boundaries of PAI which has been
established using ecological units and/or physical features within the landscape such as roads and hills.
The established PAI for subproject in Sagwara Town is given in Figure -2.
Figure 2:Map showing boundary of PAI , Sagwara subproject (Source: Google Base Map)
Development of five lakes in Sagwara is proposed under the subproject. Major land use in town is
residential while agriculture activities are observed in outer and fringe area of the town. Development of
lakes and their interconnectivity with each other was kept in view while marking the PAI. Major and
minor roads in eastern as well as western side of project area make the PAI boundary along with change
in ecosystem type. The boundaries of PAI for subproject has been established on the basis of
physical/topographical and ecological features in the Town area. the land is also under mix land use,
while most of the land in immediate vicinity of lakes is either under urban residential use or in agricultural
use. In the South Sagwara Dungarpur Highway marks the boundary of PAI while in west PAI boundary
is marked with Sagwara Punali Road and in North and East direction it is marked by minor connecting
roads.
Important Features of the Project: This subproject comprises two major interventions:
XI. Development of Access Road to Gadisar upper pal and development of VIP parking: This
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includes reconstruction of road and pavement in a road stretch of 120 meters. No super structure
is proposed in this stretch.
XII. Development of Upper Pall: Development of upper pal is proposed as a point of recreation for
the local population and tourists visiting Jaisalmer. The width of upper pal is 16.5 m. and length
is 700 m. This area of 11550 Sq. m. of upper pal is in dilapidated condition. Soil in this earthen
bund is eroding and requires a retaining wall and compaction of soil in entire stretch. The major
components proposed on upper pal are;
i. 2.5 m. wide green buffer zone with horticultural interventions, providing public amenities such as
water points, providing street furniture and solid waste collection bins, installation of fountains
and other sculpture matching the heritage of town and lighting and illumination
ii. Development of 6.0 m. wide mud track in the entire length of upper pal (700 m).
iii. Development of 6.5 m. wide walkway track in entire length of upper pal (700 m).
4. Biodiversity Assessment
Biodiversity assessment in the project influence area has been conducted as per the International
Finance Corporation’s (IFC) Performance Standard No 6 of 2012, within updated version in June 2019
on the Guidance Note for the Performance Standard. The process of biodiversity assessment based on
presence of protected or designated areas and the potential presence of Critical Habitat in the study
area. The Critical Habitat assessment is based on presence of Threatened species (Critically
Endangered (CR), Endangered (EN) species, and to a lesser extent Vulnerable (VU) species as defined
by the IUCN. IBAT Proximity Report is provided at the end of this document.
As per the Proximity report generated by IBAT, there is no protected or Key Biodiversity Area up to 1
Km, 10 km and 50 Km radius of PAI. The nearest Protected area is Sita Mata Wildlife Sanctuary , which
32IBAT is a multi-institutional programme of work involving BirdLife International, Conservation International, IUCN and UNEP-
WCMC. IBAT provides a basic risk screening on biodiversity. It draws together information on globally recognized biodiversity
information drawn from a number of IUCN’s Knowledge Products: IUCN Red List of Threatened Species, Key Biodiversity
Areas (priority sites for conservation) and Protected Planet/The World Database on Protected Areas (covering nationally and
internationally recognized sites, including IUCN management categories I–VI, Ramsar Wetlands of International Importance
and World Heritage sites).
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is situated at about 65 km aerial distance from the Project area. The approximate aerial distance from
subproject location to protected areas and key biodiversity areas are mentioned below:
The floral constituents of the Sitamata wildlife Sanctuary are mostly edaphoclimax. As per the Champion
& Seth’s classification the forest of this sanctuary falls under II category of Tropical Dry Deciduous
Forest. The main species dominating are Tectona grandis(teak/sagwan), Wrigtia tintoria, Boswellia
serrata, Lannea grandis ,Madhuca indica(mahua), Pongamia pinnata, Dendrocalamus strictus ,
Sterculia urens, Butea monosperma , Anogeisus latifolia, Syzygium heynnainum, Adina cardifolia
,Diospyrus malanoxylon, orchids , tuberos plants etc.
Nearly 50 species of mammals, more than 325 species of birds 40 species of reptiles, 9species of
amphibians, 30 species of fishes and more than 800 species of plants have been listed in the
Sanctuary.Flying Squirrels, Four horned antelope, Tree snakes, Tree Frog, Ratal, Indian pangolin ,etc.
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can be seen here .This Sanctuary is famous for Four horned Antelopes and considered as best
Chousinga Sanctuary of state. Birds like Grey jungle fowl, Aravlli red spur fowl, yellow footed Green
Pigeon, Alexandrine parakeet, Stork-billed kingfisher, Indian pitta, Black -headed oriole, Indian paradise
Flycatcher, Black lored tit, Purple-rumped sun bird, Monarach, ultra-marine verditor flycatchers etc. can
be seen in sylvan environs of the Sitamata.Lesser Floricans are worth seeing over here during monsoon
at eastern outskirts of Sanctuary.
The Sanctuary area is also listed as an International Bird Area due to hot spot for threatened species of
birds. The IBA listed areas are important for conservation and protection of birds at the global, regional
or sub-regional level. There are four criterion set out to qualify for IBA sites based on threshold of
species, the criteria are:
A 6.2 NATIONAL PROTECTED AREA
There is no National Protected area within 1Km, 10 Km, or 50 Km radius of PAI, The nearest Protected
area is Sita Mata Wildlife Sanctuary, which is also a key biodiversity Area (KBA) and located at an aerial
distance of 65km and described above.
A.7. Critically Endangered / Endangered Species
A total of 35 IUCN red list (CR, EN & VU) species reported within 50km radius (IBAT Report). Out of
these 35 IUCN red list species, 15 species are classified as Critically Endangered (CR) and Endangered
(EN). Birds are common species which includes 20 species (CR-5, EN-7 & VU-8), 6 mammal ( EN-1
and VU-5), 5 reptiles (EN-1, VU-4), Fish 3 species(En-1 and VU-2) and plants 1 species ( VU-1). Table-
1 lists the species designated by the International Union for the Conservation of Nature (IUCN) as
Critically Endangered (CR), Endangered (EN) and Vulnerable (VU) having recorded ranges that include
the study area.
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Raptiles
20 Nilssonia gangetica Indian Softshell Turtle EN
21 Pangshura tecta Indian Roofed Turtle VU
22 Lissemys punctata Indian Flapshell Turtle VU
23 Geochelone elegans Indian Star Tortoise VU
24 Crocodylus palustris Mugger VU
Mammals
25 Manis crassicaudata Indian Pangolin EN
26 Melursus ursinus Sloth Bear VU
27 Panthera pardus Leopard VU
29 Tetracerus quadricornis Four-horned Antelope VU
30 Rusa unicolor Sambar VU
31 Lutrogale perspicillata Smooth- coated Otter VU
Fish
32 Tor putitora Golden Mahseer EN
33 Wallago attu Buari VU
34 Bagarius yarrelli Goonch VU
Plant
35 Oryza malampuzhaensis VU
Source: IBAT analysis report dtd. 06.07.2022
A 8. RESTRICTED RANGE SPECIES: As per IBAT report (World Bank Group Biodiversity Risk Screen)
two restricted range species; Salvinia natans (Floating Fern), Oryzias carnaticus (Spotted Ricefish),
Oreichthys cosuatis (Cosuatis Barb) , and Giant River Prawn (Macrobrachium rosenbergii) are recorded
as potentially found within 50km of the area of interest, however all the above four species are presently
not distributed in the PAI.
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part of the IFC’s Performance Standard No 6 of 2012, within the Guidance Note for the Performance
Standard which was last updated in June 2019 (IFC, 2019).
Data Sources
The screening process has involved review of publicly available sources of data relating to protected
sites and species conservation status. The following sources of data were utilised:
During the filed visit focused survey and consultation was done with regard to Critically Endangered
(CR) and Endangered (EN) and Vulnerable species (VU) (IUCN Red List) which may present in
proximity of project area (Refer Table 2).
Species with probable distribution in project area of influence and its vicinity were considered under
Area of Analysis for their current presence and historical occurrence. These species of concern with
probable distribution in Sagwara region of Rajasthan belong to 20 species of aves, 6 species of
mammals and 5 species of reptiles, 3 species of fish and 1 species of plants, which are either listed as
Critically Endangered (CR), Endangered (EN) in IUCN Red List and discussed in detail in Table 2.
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Habitats that are critical to the survival of International Union for the Conservation of Nature (IUCN)
designated Critically Endangered or Endangered species, migratory species, congregatory species and
endemic or restricted range species are classified as critical habitats.
The screening of Critical Habitat in the area has been conducted based on species which enlisted in red
list of IUCN. The presence of habitat of these species in the area will designate Critical Habitat. There
are five criterion set out in updated Performance Standard No 6 Guidance note (IFC 2019) to consider
the area as Critical Habitat. The five criterion for Critical Habitat determination is:
As described in footnote 11 of Performance Standard 6, the inclusion in Criterion 1 of species that are
listed nationally/regionally as CR or EN in countries that adhere to IUCN guidance shall be determined
on a project-by-project basis in consultation with competent professionals.
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b) Areas that support globally important concentrations of an IUCN Red-listed Vulnerable (VU)
species, the loss of which would result in the change of the IUCN Red List status to EN or CR and
meet the thresholds.
For purposes of this Guidance Note, the term endemic is defined as restricted range. Restricted range
refers to a limited extent of occurrence (EOO).
For terrestrial vertebrates and plants, restricted range species are defined as those species that
have an EOO less than 50,000 km2.
For marine systems, restricted range species are provisionally being considered those with an EOO
of less than 100,000 km2.
For coastal, riverine, and other aquatic species in habitats that do not exceed 200 km width at any
point (for example, rivers), restricted range is defined as having a global range of less than or equal
to 500 km linear geographic span (i.e., the distance between occupied locations furthest apart).
a) Areas that regularly hold ≥10% of the global population size and ≥10 reproductive units of a
species.
Migratory species are defined as any species of which a significant proportion of its members
cyclically and predictably move from one geographical area to another (including within the same
ecosystem).
Congregatory species are defined as species whose individuals gather in large groups on a
cyclical or otherwise regular and/or predictable basis. Examples include the following:
Species that form colonies.
Species that form colonies for breeding purposes and/or where large numbers of individuals of a
species gather at the same time for non-breeding purposes (for example, foraging and roosting).
Species that utilize a bottleneck site where significant numbers of individuals of a species occur
in a concentrated period of time (for example, for migration).
Species with large but clumped distributions where a large number of individuals may be
concentrated in a single or a few sites while the rest of the species is largely dispersed (for
example, wildebeest distributions).
Source populations where certain sites hold populations of species that make an inordinate
contribution to recruitment of the species elsewhere (especially important for marine species).
a) Areas known to sustain, on a cyclical or otherwise regular basis, ≥ 1 percent of the global
population of a migratory or congregatory species at any point of the species’ lifecycle.
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b) Areas that predictably support ≥10 percent of the global population of a species during periods of
environmental stress.
The IUCN is developing a Red List of Ecosystems, following an approach similar to the Red List for
Threatened Species. The client should use the Red List of Ecosystems where formal IUCN assessments
have been performed. Where formal IUCN assessments have not been performed, the client may use
assessments using systematic methods at the national/regional level, carried out by governmental
bodies, recognized academic institutions and/or other relevant qualified organizations (including
internationally recognized Non-Government Organizations (NGOs)).
a) Areas representing ≥5% of the global extent of an ecosystem type meeting the criteria for IUCN
status of CR or EN.
b) Other areas not yet assessed by IUCN but determined to be of high priority for conservation by
regional or national systematic conservation planning.
The structural attributes of a region, such as its topography, geology, soil, temperature, and vegetation,
and combinations of these variables, can influence the evolutionary processes that give rise to regional
configurations of species and ecological properties. In some cases, spatial features that are unique or
idiosyncratic of the landscape have been associated with genetically unique populations or
subpopulations of plant and animal species. Physical or spatial features have been described as
surrogates or spatial catalysts for evolutionary and ecological processes, and such features are often
associated with species diversification. Maintaining these key evolutionary processes inherent in a
landscape as well as the resulting species (or subpopulations of species) has become a major focus of
biodiversity conservation in recent decades, particularly the conservation of genetic diversity. By
conserving species diversity within a landscape, the processes that drive speciation, as well as the
genetic diversity within species, ensures the evolutionary flexibility in a system, which is especially
important in a rapidly changing climate.
For illustrative purposes, some potential examples of spatial features associated with evolutionary
processes are as follows:
Landscapes with high spatial heterogeneity are a driving force in speciation, as species are
naturally selected based on their ability to adapt and diversify.
Environmental gradients, also known as ecotones, produce transitional habitat, which has been
associated with the process of speciation and high species and genetic diversity.
Edaphic interfaces are specific juxtapositions of soil types (for example, serpentine outcrops,
limestone, and gypsum deposits), which have led to the formation of unique plant communities
characterized by both rarity and endemism.
Connectivity between habitats (for example, biological corridors) ensures species migration and
gene flow, which is especially important in fragmented habitats and for the conservation of
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metapopulations. This also includes biological corridors across altitudinal and climatic gradients
and from “crest to coast.”
Sites of demonstrated importance to climate change adaptation for either species or ecosystems
are also included within this criterion.
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Table 2. Critical Habitat Analysis in Project Area of Influence for Critically Endangered (CR) and Endangered (EN)species with potential presence in the
range of 50 km of PAI (IBAT Report).
S. Common/ Scientific IUCN Notes IFC Remarks
N. Name Status Criterion
1 2* 3
1 Sociable Lapwing CR The IUCN Red List distribution map of this species X X X Unlikely to qualify criterion 1- 3 with
(Vanellus gregarious) suggests that this bird species is possibly extinct from the reference to PAI.
Sagwara Area1. This bird is not distributed in Sagwara
1https://www.iucnredlist.org/species/22694053/155545788 area, possible extinct in PAI and its close
#geographic-range vicinity (IUCN)1.
1https://www.iucnredlist.org/species/2269
4053/155545788#geographic-range
2 White-rumped Vulture CR Since the mid-1990s, it has suffered a catastrophic decline ? X X Unlikely to qualify criterion 1 - 3 with
(Gyps bengalensis) (over 99%) across the Indian Subcontinent (A. reference to PAI owing to land use in the
Rahmani 2016)1. Non Steroid Anti Inflammatory Drug PAI and predominant public activities in
(NSAID), diclofenac was found to be the main cause for the area.
this population collapse of vulture. (Gilbert et al 2006)2. It Considering the ecological features in
is social and usually found in conspecific flocks. It breeds PAI, it does not offer any feeding,
in colonies in tall trees. foraging and breeding opportunity to
White-Rumped Vulture (Gyps
1A.Rahmani. 2016. Threatened Birds of India: their bengalensis) as it feeds on animal
conservation requirements. (ISBN-13:978-0198085973). carcass and selects tall trees for nestling
2Green, R.E., Newton, I., Shultz, S., Cunningham, A.A., which are absent in PAI. nevertheless, in
view of its probable foraging in the PAI,
Gilbert, M., Pain, D.J. and Prakash, V.G ilbert, M., 2004.
specific mitigation and environmental
Diclofenac poisoning as a cause of vulture population management plan is given in this
declines across the Indian Subcontinent. J. Appl. Ecol. assessment report to suffice the purpose
41:793-800. of any lesser impact owing to
implementation of subproject on this
species.
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3 Indian Vulture CR Indian vulture was common until mid-1990s and then it X X X Unlikely to qualify criterion 1 - 3.
(Gyps indicus ) has suffered a catastrophic decline (over 97%) throughout
its range and now only tiny populations in the
Ramanagaram Hills of Karnataka and Nilgiri Forest
Division in Tamil Nadu are known to remain in inland
southern India, and it is rare elsewhere within its former
range (Venkitachalam and Senthilnathan 2016)1.
As per IUCN Red List distribution of this species, it is
possibly extinct2 from the Sagwara Area.
1R.Venkitchalam & S. Senthilnathan. 2016. Status and
Population of Vultures in Moyar Valley , Southern India.
Journal of Threatened Taxa. 8(1):8358-8364.
2https://www.iucnredlist.org/species/22729731/204672586
#geographic-range
4 Egyptian vulture EN This species has undergone a catastrophic decline since X X X Unlikely to qualify criterion 1 - 3 with
(Neophron 1999 in India, but the recent ban on Diclofenac may have reference to PAI.
percnopterus) arrested the decline of the Indian population (Galligan et
al. 2014)1.
As per IUCN Red List, this vulture has a probable
distribution in Sagwara area. This species typically nests
on ledges or in caves on cliffs (Sarà and Di Vittorio 2003)2,
crags and rocky outcrops and exceptionally on the ground.
Prominent habitat features at PAI do not match with the
preferred habitats of this vulture for nestling and breeding.
1T.H.Galligan, T. Amano, V.M. Prakash & M. Kulkarni.
2014. Have population decline in Egyptian Vulture and
Red-Headed vultures in India slowed since the 2006 ban
on veterinary diclofenac.
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5 Steppe Eagle EN It inhabits areas of steppe and semi-desert, and is X X X Unlikely to qualify criterion 1- 3 with
(Aquila nipalensis) recorded breeding up to 2,300 m in mountainous reference to PAI.
regions. Sagwara area is non -breeding area for this
species. The species is migratory, with birds wintering in
south-east Africa and southern Asia. Migrants leave their
breeding grounds between August and
October/November, returning between January and May
(Subedi 2014)1.
Steppe eagle inhabits areas of steppe and semi-desert
areas and mainly feeds on small mammals and susliks
form the vast majority of its diet in these areas. The PAI in
Sagwara do not provide any breeding, feeding and
foraging opportunity to this species owing to land use
pattern in PAI which is predominantly an area of high
human activities.
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7 Lesser Florican CR This bird breeds in India in Gujarat, Rajasthan, X X X Unlikely to fulfil Criterion 1 -3 in the
(Sypheotides indicus) Maharashtra, Madhya Pradesh and Andhra Pradesh and project area of influence.
also distributed to south-east India in the non-breeding
season.
8 Greater Adjutant Preferred habitats are Forest, Wetlands (inland), Unlikely to fulfil Criterion 1 -3 in the
(Leptoptilos dubius) Artificial/Terrestrial, Grassland. project area of influence.
As per IUCN Red List distribution map, this bird is extinct As per IUCN Red List distribution map,
from entire Rajasthan State1. this bird is extinct from entire Rajasthan
1https://www.iucnredlist.org/species/22697721/93633471# State1.
geographic-range 1https://www.iucnredlist.org/species/2269
7721/93633471#geographic-range
9 Indian Skimmer EN It occurs primarily on larger, sandy, lowland rivers, around Unlikely to fulfil Criterion 1 -3 in the
(Rynchops albicollis) lakes and adjacent marshes and, in the non-breeding project area of influence.
season, estuaries and coasts. It breeds colonially on large,
exposed sand-bars and islands, requiring water levels to
drop sufficiently to expose the islands. X X X
Sagwara area is non-breeding and non –resident area for
this bird, however it is the passage zone for the bird1.
1https://www.iucnredlist.org/species/22694268/178970109
#geographic-range
10 Black bellied Tern EN Black bellied Tern: It is found on large rivers and marshes, Unlikely to fulfil Criterion 1 -3 in the
(Sterna acuticauda) occasionally on smaller pools and ditches, in lowlands (but project area of influence.
not on the coast), up to 730 m. Despite its large range, the
species may now number fewer. the extend of species habitat is
throughout India except the dry part of
They are mostly found near Large rivers as they usually Rajasthan State where inland wetlands
breed on sandspits and islands. In view of natural habitats X X X are absent (IUCN)1.
of the bird (near Large Rivers, River islands), its food and 1https://www.iucnredlist.org/species/2269
feeding habits (Small fish, crustaceans, tadpoles and
insects) and breeding grounds (sandspits and islands), the 4711/110488626
PAI is not a suitable habitat for this species as they do not
thrive near the urban and residential areas and Project area
is not a natural habitat for them.
195
196
11 Pallas's Fish-eagle EN IUCN mapping shows that this bird is possibly extinct in X X X Unlikely to fulfil Criterion 1 -3 in the
Haliaeetus leucoryphus Sagwara Area (IUCN)1 project area of influence.
1https://www.iucnredlist.org/species/22695130/199521572
#geographic-range
12 Spotted Pond Turtle Spotted Pond turtle prefers shallow and densely vegetated Unlikely to fulfil Criterion 1 -3 in the
(Geoclemys hamiltonii ) standing waterbodies and could also found in ponds, project area of influence.
rivers and reservoirs. This species in distributed in some As per IUCN Red List distribution map,
parts of southern Rajasthan. This turtle feeds mostly on the species is not distributed in Sagwara
snails, larvae and other insects items. Town area and in close vicinity of town1.
As per IUCN Red List distribution map, the species is not 1https://www.iucnredlist.org/species/9029/
distributed in Sagwara Town area and in close vicinity of 152050337#geographic-range
town1.
1
https://www.iucnredlist.org/species/9029/152050337#geo
graphic-range
196
197
13 Indian Pangolin EN This species is Widely distributed in India from the Unlikely to qualify criterion 1 or 3
(Manis crassicaudata) Himalayan foothills to the far south, except the far northeast
.The project area is predominantly an
( WII, 2018)1.
urban area and is not preferred habitat for
The Indian pangolin prefers the presence of trees, herbs, this mammal.
and shrubs in its habitat because it is easier to dig burrows
around them. Indian pangolin body parts have been
trafficked for consumption in China since at least the early
2000s (Wu, S.B. & Ma, G.Z. (2007)2. This species is
covered under CITES (Convention on International Trade
in Endangered Species of Wild Fauna and Flora) which is X X X
a global agreement among governments to regulate or ban
international trade in species under threat.
1 Wildlife Institute of India (2018). National Studbook of
Indian Pangolin (Manis crassicaudata), Wildlife Institute of
India, Dehradun and Central Zoo Authority, New Delhi.
TR.No. 2018/27. Pages 35.
2 Wu,S.B. & Ma, G.Z. (2007). "The status and
conservation of pangolins in China". TRAFFIC East Asia
Newsletter. 4: 1–5).
14 Golden Mahseer EN This fish occurs in Inland waters (Rivers and Lakes) and is Unlikely to qualify criterion 1 or 3
(Tor Putitora) distributed mainly in Himalayan foothills and rivers
The natural habitat of the species is
originating from thee area.
throughout the rivers (and associated
As per IUCN Red List distribution of this species, it is does reservoirs) of the South Himalayan
not have a distribution in Sagwara Area1. drainage (namely the Indus, Ganges-
X X X
1https://www.iucnredlist.org/species/126319882/12632222 Yamuna and Bramaputra). IUCN
distribution suggest this fish species is not
6#geographic-range
distributed in PAI (IUCN)1
1https://www.iucnredlist.org/species/1263
19882/126322226
197
198
15 Indian Softshell Turtle Nilssonia gangetica inhabits mostly rivers, and large Unlikely to qualify criterion 1 or 3
(Nilssonia gangetica) canals, preferably with turbid water, muddy bottom and
some current. Lakes, oxbows, ponds and temporary
waterbodies are used occasionally.
This species is not distributed in Sagwara area as per IUCN
Red Data Book distribution range1.
1https://www.iucnredlist.org/species/39618/2930943#geog
raphic-range
*None of the above species are Restricted Range specie and do not qualify the IFC criterion 2
198
199
Table 3. Critical Habitat Analysis in Project Area of Influence for Restricted Range Species with potential presence in the range of
50 km of PAI (IBAT Report).
S. IUCN IFC
N. Common/ Scientific Remarks
Status Notes Criterion
Name
1 2 3
1 Giant River Prawn LC This species lives in tropical freshwater X X X Unlikely to fulfil Criterion 1 -3 in the project area
environments influenced by adjacent brackish of influence.
(Macrobrachium
rosenbergii) water areas. It is often found in extremely turbid
conditions. It is one of the most popular
commercially cultured prawn species across the
globe. Some seed (PL; juveniles) is obtained from
the capture fishery where M. rosenbergii is
indigenous, typically in the Indian sub-continent
(FAO)1, but most is now hatchery-reared.
Distribution of the giant freshwater prawn,
Macrobrachium rosenbergii is limited to the
freshwater zone, river mouths and back waters
with a salinity range from 0.0 to 20.0 ppt and a
temperature range from 25 to 30°C in the tropics
and sup-tropics of Indo Pacific region (Sebastian
1990)2. Though the larvae grow only in brackish
water, but the juveniles and adults typically inhabit
in the lower salinity and freshwater areas.
This species is not distributed in PAI or Sagwara
area.
1https://www.fao.org/fishery/en/culturedspecies/
Macrobrachium_rosenbergii/en
2Sebastian, M.J., 1990. The giant freshwater
prawn Macrobrachium rosenbergii (de Man).
AGG Menon Publ Kerala Agricultural University,
Thrissur, India, pp. 1-43.
199
200
2 Floating Fern LC The species is a free-floating fern, growing in X X X Unlikely to fulfil Criterion 1 -3 in the project area
large populations at the surface of still waters or of influence.
(Salvinia natans)
in weak currents: ditches, canals, ponds, oxbows.
As per IUCN Red Data Distributin , this species is
not distributed in Sagwara Area1
1https://www.iucnredlist.org/species/163996/568
8211#geographic-range
3 Spotted Rice Fish LC Oryzias carnaticus is known from shallow X X X Unlikely to fulfil Criterion 1 -3 in the project area
freshwater streams, flooded areas under tidal of influence.
(Oryzias carnaticus)
influence and estuaries.
As per IUCN Red Data Distributin , this species is
not distributed in Sagwara Area1
1https://www.iucnredlist.org/species/172401/606
18495#geographic-range
4 Cosuatis Barb LC Oreichthys cosuatis is found in the Ganges and X X X Unlikely to fulfil Criterion 1 -3 in the project area
Brahmaputra river systems in India, Bangladesh of influence.
(Oreichthys cosuatis)
and Nepal. This fish has no probable distribution
in Sagwara Area as per IUCN Redlist
Distribution1.
1https://www.iucnredlist.org/species/168538/651
0692#geographic-range
200
201
For the 20 Vulnerable species identified through the IBAT search, a review of these indicates that
none would reach the threshold for Criterion 1, namely loss of a population which would push the
IUCN status from VU to either CR or EN. Thus, none of the vulnerable species as listed in IBAT
report generated for the project, qualify criterion 1-3.
12. IBAT STUDY OUTPUT FOR HABITAT ANALYSIS (CRITERIA 1-3)
A habitat analysis carried out for the Critically Endangered (CR) and Endangered species reported
in the project area of influence (50km) shows that it is likely that the 35 species identified in IBAT are
mostly distributed in adjoining forest ecosystems and not within the project area of influence (PAI),
therefore, the project area of influence does not meet the thresholds set out in Criterion 1 & 3. IBAT
reports four restricted range species (Salvinia natans (Floating Fern), Oryzias carnaticus (Spotted
Ricefish), Oreichthys cosuatis (Cosuatis Barb) , and Giant River Prawn (Macrobrachium
rosenbergii)) in the 50 km radius of PAI, however IUCN Red List distribution for these species do not
show their distribution in PAI and its vicinity. Specific habitat required for breeding of these species
is not supported by ecosystems in the PAI and its close vicinity for reported Restricted Range
species, therefore the Project Area of Influence do not qualify Criterion 2. Details of the habitat
analysis in the PAI is presented in Table-2 and Table 3.
13. ASSESSMENT OUTPUT BASED ON CRITERIA 4&5
The PAI at Sagwara is urban ecosystem, is a predominant recreational place with government
owned land having commercial and public use, therefore it cannot be considered to be highly
threatened and as such is not a suitable habitat for most of the wild flora and fauna. Further, there
is no key evolutionary processes34 within the PAI, as key indicator for evolutionary process areas is
presence of a high number of endemic or range restricted species. Therefore, the project area of
influence does not meet the thresholds set out in Criterion 4 & 5.
14. PROTECTED AREAS
There is no national protected or Important Biodiversity Area within the range of 10 km to that of
subproject area. As per ADB’s SPS 2009; the designated35 or proposed protected areas at national
and international level should be considered as Critical Habitat. In the PAI for subproject in Sagwara
Town there is no national protected area and no international designated site or proposed and
notified protected area. The nearest national protected area and Key Biodiversity Area is Sita Mata
Wildlife Sanctuary, which is approx. 65 km away from the PAI boundary established for critical habitat
assessment study.
15. FINDINGS AND RECOMMENDATIONS
Presence of any species of interest in Project Area of Influence (PAI) is not established,
nevertheless, the implementing staff of PIU as well as contractor and its workers will be trained
including reminders and actions required related to biodiversity conservation as specified in the
environmental management plan (EMP).
34The evolutionary processes often occur in an isolated habitat and ecosystem due to physical or biological barriers, for
example habitat on islands or valley.
35As per ADB’s SPS the sites which are of international designation, such as Ramsar and UNESCO sites should be
16. CONCLUSION
ADB SPS’s requires that project will not be developed in critical habitat area or will not adversely
affect the identified critical habitat. The below mentioned criteria should be considered for
assessment of impacts on biodiversity, if project development in an identified critical habitat:
There should be no measurable adverse impacts, or likelihood of such impacts on the critical
habitat which could deteriorate its high biodiversity value or the ability to function of ecology of
the area.
The project is not anticipated to lead to a reduction in the population of any recognized
endangered or critically endangered species or a loss in area of the habitat concerned such
that the persistence of a viable and representative of host ecosystem be compromised.
Any lesser impacts are mitigated.
This assessment study for Critical Habitat indicates that within the PAI there are no known species
which would qualify the area as Critical Habitat for Criterion 1 - 3. The PAI does not qualify as Critical
Habitat under Criteria 4 and 5.
202
203
203
204
Prepared by Rajasthan Urban Drinking Water Sewerage and Infrastructure Corporation Limited-
Externally Aided Projects for the Asian Development Bank.
CURRENCY EQUIVALENTS
(as of 25 May 2022)
Currency unit – Indian rupee (₹)
₹1.00 = $0.013
$1.00 = ₹77.55
ABBREVIATIONS
This draft involuntary resettlement and indigenous peoples due diligence 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 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.
CONTENTS
Pages
I. INTRODUCTION 1
A. Project Overview 1
B. Objectives and Scope of this Report 1
C. Description of Subproject Area 2
II. SUBPROJECT DESCRIPTION 3
A. Existing Condition of the Lakes 3
B. Need of the Subproject 5
C. Project Benefits 5
D. Subproject Components 5
III. FIELD SURVEY AND PUBLIC CONSULTATIONS 13
IV. FINDINGS OF THE SOCIAL IMPACT ASSESSMENT 13
A. Land Availability and Resettlement Impacts 13
B. Indigenous Peoples 24
V. INFORMATION DISSEMINATION 26
VI. GRIEVANCE REDRESS MECHANISM 27
VII. BUDGET 31
VIII. CONCLUSION 31
IX. NEXT STEPS 32
APPENDICES
Appendix 1: Summary of Public Consultations 33
Appendix 2: City Level Committee Minutes of Meeting held on 29 July 2021 41
Appendix 3: No-objection of Nagar Palika-Sagwara for proposed works of lakes and
playground 46
Appendix 4: No objection of Government high school for proposed redevelopment of
playground 47
Appendix 5: Land Revenue Record of proposed site- Masania Lake 48
Appendix 6: Land Revenue Records for Loharia Lake 49
Appendix 7: Land Revenue Records for Gemaria Lake 50
Appendix 8: Land Revenue Records for Gemaria-2 Lake 51
Appendix 9: Land Revenue Records for Hariyala Lake 52
Appendix 10: Land Revenue Records for Playground 53
Appendix 11: Specific Action Plan 56
Appendix 12: Grievance Registration Format 60
Appendix 13: Involuntary Resettlement Impact Categorization Checklist 61
Appendix 14: Indigenous Peoples Impact Screening Checklist 63
TABLES
Table 1: Salient features of the Sagwara 2
Table 2: Existing Conditions of the Five Lakes 4
Table 3: Scope of Services for Redevelopment of Lakes and Playground works 6
Table 4: Subproject Components and their Land Acquisition and Resettlement Impacts 14
Table 5: Details of Land Availability, Ownership and Status of No Objection Certificate for
sites 15
Table 6: Scheduled Tribe Population in Sagwara Town and Tehsil 24
Table 7: Sex-disaggregated Data of Scheduled Tribe Population to Total Population in Sagwara
Town 25
Table 8: Ward Wise population of Scheduled tribe population in Sagwara Town 25
Table 9: Budget 31
FIGURES
Figure 1: Map of Sagwara Town 3
Figure 2: Layout of Proposed Works of Masaniya Lake 7
Figure 3: Layout of proposed works of Lohariya Lake 8
Figure 4: Layout of proposed works of Hariyala Lake 9
Figure 5: Layout of proposed works of Gemariya lake-02 10
Figure 6: Layout of proposed works of Gemaria Lake-01 11
Figure 7: Layout of proposed works of Playground 12
Figure 8: Google map of Proposed sites 17
Figure 9: Location Map of Masania Lake 18
Figure 10: Location Map of Loharia Lake 19
Figure 11: Location map of Gemaria Lake 20
Figure 12: Location map Gemaria Lake-2 21
Figure 13: Location map Hariyala Lake 22
Figure 14: Google map of playground, Near School Campus, Banswara Road 23
Figure 15: Grievance Redress Mechanism-RSTDSP 30
I. INTRODUCTION
A. Project Overview
1. Rajasthan Secondary Towns Development Sector Project (RSTDSP), is the fourth phase
of investment projects financed by Asian Development Bank (ADB) and implemented by the
Rajasthan Urban Drinking Water Sewerage and Infrastructure Corporation Limited-Externally
Aided Projects (RUDSICO-EAP), previously known as Rajasthan Urban Infrastructure
Development Project (RUIDP). RSTDSP seeks to improve water supply sewerage and other
infrastructure services in secondary towns of Rajasthan with populations ranging from 20,000-
110,000 through a sector loan modality. The project is aligned with the following impact(s): (i)
access to potable, affordable, reliable, equitable, and environmentally sustainable drinking water
supply in all urban areas of Rajasthan improved; and (ii) health status of urban population,
especially the poor and under-privileged improved through improvements in sewerage systems
of sub-project towns (iii) improvements in other infrastructure services of some towns. Under
RSTDSP, (the ongoing project) contracts for 14 project towns were awarded and execution of
works are in full swing. RSTDSP will further support the ongoing efforts of the Government of
Rajasthan towards improving the sewerage conditions of 13 towns through undertaking Faecal
Sludge and Septage Management (FSSM) works from the savings in project cost under the
ongoing project. RSTDSP will further take up improvements in water supply, wastewater and
other infrastructure services in about 23 towns under the proposed additional financing. The
Government of Rajasthan (GoR) has decided to take up implementation of Water Supply,
Sewerage, Drainage, Faecal Sludge and Septage Management (FSSM) and other city
improvement works in about 23 towns under the additional financing of $200 million from ADB.
Department of Economic Affairs (DEA), Government of India has agreed for additional financing
of these new projects. Redevelopment of five lakes and playground of Sagwara town is one of
the subprojects proposed under the investment component of RSTDSP-additional financing. As
these five lakes are the main heritage sites of Sagwara town, stakeholders have mutually agreed
for redevelopment of these lakes and school playground under ADB financing. Under additional
financing, water supply and waste water is also proposed for Sagwara town.
2. The objective of this sub- project is to clean and beautify all lakes using nature-based
solutions (NBS). The main objectives are as (i) native tree should be planted and rammed earthen
track should be provided for walking and running; (ii) shrubs in high water level (HWL) to mid
water level (MWL) should be planted; (iii) sub-merged plants provided in MWl (mid water level) to
low water level (low water level); (iv) additional developments are small decorative fountain,
wooden jetty, decorative lights and pole in development area, toilet block, security/guard
room/maintenance room etc.; (v) all development will follow nature-based solutions (NBS).
3. The proposed redevelopment of lakes and playground of Sagwara town is not assessed
to have any involuntary resettlement impacts. The main objective of due diligence exercise is to
confirm that the subproject is free of involuntary resettlement impact such as land acquisition,
physical displacement, economic displacement, adverse impact on livelihood, community
properties, indigenous peoples impacts, or any other impacts, based on a review of land records,
stakeholder consultations and field visits to proposed subproject locations. This document
describes the findings and provides copies of relevant documents, minutes of meetings and
photographs.
2
4. The involuntary resettlement and indigenous peoples due diligence was carried out for the
proposed subproject components: (i) redevelopment of Masaniya Lake, Lohariya Lake, Hariyala
Lake, Gemaria Lake-02 (boariya), Gemaria Lake-01, (ii) development of inter-connectivity of
lakes, (iii) development of playground (near school campus, Banswara Road). Due diligence
involved site visits and discussion with relevant local government offices for land records,
ownership details and permissions/approvals required for use of lands. This was followed by a
detailed public consultation to inform the public / stakeholders including scheduled tribe
households on the project component and to ascertain if there are any potential involuntary
resettlement impacts. Site visits and consultations were conducted by the team comprising,
technical team of detailed project report consultant, social safeguard consultant of RSTDSP and
staff from the urban local body (ULB).
5. This draft due diligence report (DDR) has been prepared by assimilating the details of the
detailed project report (DPR), findings from the field visits and discussions with relevant
government officials and information gathered during public consultation which is aligned with
ADB’s safeguards requirements. The proposed works are assessed to not involve any temporary
or permanent land acquisition and involuntary resettlement impacts as all the lakes are under the
possession of Nagar Palika, Sagwara, while playground is under the possession of school, for
which no-objection has been obtained from school-in charge.
7. Sagwara is the focal tourist point for pilgrims coming to attend the mela (Fair) at Galiakot
and Beneshwar dham. People come in large numbers from the states of Rajasthan, Madhya
Pradesh and Gujarat to visit the Galiakot and Beneshwar dham at Sagwara, Dungarpur. Tourists
visiting the main attractions of city would also visit the proposed places.
3
8. As per feasibility study, it was noticed that excessive industrial and domestic waste – toxic
substances are regularly discharging into these lakes, which creates pollution and also impact on
human and animal health. As proposed in IEE, contractor will prepare spoils management plan,
and install temporary silt traps or sedimentation basins along the drainage leading to ponds to
arrest such issues in future. In addition to that, basic facilities like proper approach road,
availability of drinking water, sanitation, parking etc. are also negligible at these sites. Street
furniture, road and tourism signage are also insufficient. Characteristic of lakes are presented
below:
4
9. These five lakes are part of the natural ecosystem of Sagwara City, and it is the state and
community’s responsibility to preserve and protect it. All the lakes should be protected, based on
green wall concept, so no one can dump any waste material in these lakes. Local people are
attracted due to the aesthetic view of the lakes and enjoy activities like running, jogging, walking
which was one of the purposes in redeveloping the lakes. People can also use proposed lake
garden for picnics on weekends. Development of playgrounds will provide proper play areas,
which are beneficial to keep children fit and healthy. School playgrounds will also positively impact
children's emotional, social, physical, and mental growth. In addition, playground will also be
beneficial for local public where they can have gatherings for multiple social activities.
C. Project Benefits
10. The proposed redevelopment of lakes will yield the following benefits to natural resources
and/or the services they provide:
(i) Aquatic habitat benefits: Currently, the lakes are in a severely degraded
condition. Water depth is severely reduced due to the excessive sediment volume.
Large algae blooms occur each summer due to the presence of nutrient rich
sediments. Implementation of corrective measures to reduce erosion in the
watershed and dry-dredging of the pond will greatly improve aquatic habitat values.
(ii) Environmental awareness benefits: Though the lakes are a very visible
element, there is generally low or poor awareness of the importance of the lakes
among the residents in the town and residents generally consider them as liabilities
rather than assets. It is anticipated that lake improvement will foster enhanced
environmental awareness of the lakes through community and neighborhood
sponsored events or activities.
(iii) The lakes are the only public places to visit in Sagwara to relax and enjoy the
beauty and view, by local people and tourists. Tourists can enjoy the view and
beauty of the lake and know about all religions.
(iv) Locals can enjoy the aesthetic view of lake and will be benefitted with facilities like
jetty, running, jogging, and use of garden for yoga.
D. Subproject Components
6
11. As a part of the city development and beautification; on the basis of stakeholder
consultations and field studies, the proposal includes: (i) redevelopment of Masaniya Lake,
Lohariya Lake, Hariyala Lake, Gemaria Lake-02 (Boariya), Gemaria Lake-01, (ii) development of
inter-connectivity of lakes, (iii) development of playground (near school campus, Banswara Road).
The scope of services for development of lakes and playground works is detailed out in the
following table:
12. Field visits and transect walks were carried out in the subproject area jointly by detailed
project report (DPR) consultants, safeguards consultants, and staff from Nagar Palika, Sagwara
on 17 March 2022 for assessment of involuntary resettlement impacts around the lake areas and
proposed playground site, its current land use and issues related to environmental and social
safeguard. Proposed redevelopment of lakes and playground will have no involuntary
resettlement impact either temporary or permanent as works are being proposed in the existing
lakes areas, which are under the possession of Nagar Palika Sagwara, while playground is
situated in school premises. It has been confirmed during site visits and public consultation that
none of the lakes are used for fishing or any other livelihood activities by any individual or
community/institution. There will be no impact on the functioning of the school during execution
of work in the playground area which is at an adequate distance. The playground and the school
have separate access roads. During execution of work in the playground area that separate
access road will be used for man and machinery movement. Health and safety aspects will be in
place as proposed in the EMP of the subproject. Movement of heavy machinery will not be
required as all work will have no impact on the functioning of the school dur No-objection has
been obtained from school-in charge for the development of playground. A series of public
consultations as well as meetings and discussions were held with key informants and local
community including scheduled tribe in order to collect information for this due diligence report.
13. The public expressed their concern regarding the unavailability of basic facilities (drinking
water, toilets, dustbin, benches) etc. near lake site. It was also conveyed that excessive industrial
and domestic waste – toxic substances are regularly discharged into the lakes, which creates
pollution and also impact human health and flora and fauna. As proposed in IEE, contractor will
prepare spoils management plan, and install temporary silt traps or sedimentation basins along
the drainage leading to ponds to mitigate such issues. Public consultation is attached in
Appendix 1. City Level committee (CLC) meeting was also held, and the requirement of
redevelopment of lakes and playground was discussed. Minutes of city level committee meeting
are attached in Appendix 2.
14. The scope of land acquisition and involuntary resettlement impacts has been identified
based on the field visits and transect walk to the proposed sites near lakes area and playground
site. Based on screening which includes involuntary resettlement and Indigenous People
assessments of the existing facilities, where works are proposed, it was confirmed that there are
no past or outstanding safeguards concerns related to the impacts on involuntary resettlement
and Indigenous Peoples at the proposed sites. Table 4 summarizes the land acquisition and
involuntary resettlement impacts of the proposed subproject. No impacts on private land,
structures and livelihood is anticipated as works are proposed in existing premises of lakes and
its adjacent areas which is under the possession of Nagar Palika, Sagwara. Lakes are not used
for fishing or any other livelihood activities by any individual or community/institution. Confirmation
of Nagar Palika, Sagwara has been obtained. Redevelopment of playground in government high
school premises is also proposed, for which school committee meeting was held on 15.07.2021
and it was mutually decided by the members of that committee to allow to proceed with the
development work. No objection has been obtained from school-in charge. No objection of Nagar
Palika, Sagwara for proposed redevelopment of lakes is attached in Appendix 3 and no-objection
14
15. Due diligence including field visit was conducted by a team including safeguard consultant,
Department of Urban Local Body (ULB), and project consultant. During the site visits and ground
verification conducted, it was confirmed that redevelopment of lakes will not involve any land
acquisition and resettlement impact, including livelihood impacts of titled and non-titled
households as works are being executed in the existing periphery of lakes, which is under the
possession of Nagar Palika, Sagwara and playground is under the possession of government
high school.
Table 4: Subproject Components and their Land Acquisition and Resettlement Impacts
SN Name of the Permanent Impact Temporary Remarks
Components on Land Acquisition Impact
and Resettlement
1 Redevelopment of No No No additional land acquisition will
lakes be required. No encroachment,
informal use is reported. The land
is assessed to be free from
encumbrance and no legacy
issues, part or present are
reported. All the lakes are under
the possession of Nagar Palika,
Sagwara. NoC of Nagar Palika,
Sagwara for redevelopment of
lakes is attached in Appendix 3.
2 Development of No No Playground is under the
Playground possession of a government high
school. No objection of school
authorities has been obtained,
attached in Appendix 4.
Table 5: Details of Land Availability, Ownership and Status of No Objection Certificate for sites
Name of Locations Khasra Area Land area Status of NoC Photographs
Lake/Playgrou No Available in required Ownership
nd (m2) (m2)
Masaniya Lake Near 681/1 172,479 172,479 Nagar Palika, All the lakes
Powerhouse Sagwara taken for
and Masjid redevelopment
AL Hussaini are under the
possession of
Nagar
Palika,Sagwara.
The entire area
under the
corresponding
khasra numbers
will be
Lohariya Lake Near Panch 399 188,740 188,740 Nagar Palika,
developed.No
Mukhi Sagwara
additional land is
Mahadev
required. No-
Temple
objection of
Nagar
Palika,Sagwara
is attached in
Appendix 3.
No-objection of
school is
attached in
Appendix 4.
Source: Transect walks, technical documents, Sagwara Nagar Palika and analysis.
17
Figure 14: Google map of playground, Near School Campus, Banswara Road
B. Indigenous Peoples
16. Sagwara Tehsil (sub-district) which includes Sagwara Town has been declared as a
scheduled area by the Government of India. Whilst many Scheduled Tribe (ST) households are
residing in the town, they no longer maintain their cultural traditions and have settled amongst the
non-tribal populations. Sagwara Town has 27.54% (Census 2011) of scheduled tribe population
out of the total population.
17. Profile of scheduled tribe in Sagwara Tehsil (sub-district): As per Census 2011, the
total population of Sagwara Tehsil is 343,232 out of which 203,272 (59.22%) is scheduled tribe.
The total population of Sagwara Municipal area and adjoining urban conglomerate is 29,439 out
of which scheduled tribe comprise 8,108 (27.54%). Hence, it could be ascertained that the
scheduled tribe population is predominately based in rural areas of Sagwara tehsil. Out of 8,108
total schedule tribe population, 4,078 (50.30%) are males and 4,030 (49.70%) are females.
Percentage of scheduled tribe males in respect of total males in Sagwara Town is 10.42% and
that of females it is 10.78%. Summary of analysis is provided in Table 6 and Table 7.
18. Ward no. 25 has the highest concentration of scheduled tribe population (1,322 persons)
followed by ward no. 19 which has 1,223 persons and about 949 persons from the scheduled
tribe community live in ward 18.
19. As per census 2011, in Sagwara Municipality and urban agglomerate areas literacy among
scheduled tribe community is 28.64%.
20. During interactions with the tribal community in ward 25 and ward 19, it was observed
that Bheel Damor Bhil, Bhil Garasia, Dholi Bhil, Dungri Bhil, tribe are predominantly settled in
Sagwara Town. Unemployment is stated as the biggest issue plaguing the community.
21. All the lakes are in the outskirts of the town; no population are living in and around the
lake areas. Consultation with scheduled tribes communities was held near Gas Godown Road.
During interaction, they confirmed that they follow Hindu religious practices. They informed that
development of lakes is urgently required. Presently all the lakes are in a poor condition, debris
is dumped frequently, creating an unhygienic environment. They welcome the proposed works
of lakes.
26
22. The subproject is expected to have only beneficial impacts on scheduled tribe community
in Sagwara Town. All the lakes are in the outskirts of the town, are not traditionally owned by the
scheduled tribe communities. Nagar Palika, Sagwara has the ownership of these lakes.
Scheduled tribe population in Sagwara town follow Hindu religious practices only. As per
screening and based on multiple sites visit of Nagar Palika officials, safeguard consultants and
DPR consultants, it has been ascertained that redevelopment of lakes would have no livelihood
impact including scheduled tribe communities neither affecting their customary rights of use and
access to land and natural resource nor affecting their health, education, livelihood and social
security status. It has also been confirmed that these lakes are not being used for any livelihood
or cultural and spiritual activities except for Loharia and Masania lakes where Hindu religious
rituals are performed. No adverse impacts to the dignity, human rights, livelihood systems or
territories or natural or cultural resources that are used, owned, occupied or claimed by
indigenous peoples as their ancestral domain or asset, is assessed as a result of the proposed
subproject in Sagwara.
23. The proposed lake redevelopment will have beneficial impacts on population including the
scheduled tribe households as subproject will improve or address pollution problems along the
five lakes; provide all residents including scheduled tribe households a space for getaways, offer
attractions such as jogging/walking tracks and some green spaces to promote other outdoor
activities, and potential employment opportunities due to increase tourism activities.
24. For providing maximum benefits to the indigenous peoples/scheduled tribes, a specific
action plan1 for indigenous peoples/scheduled tribe is proposed in the DDR attached as Appendix
11. The action plan will carry out the following specific activities: (i) proposed benefits (e.g.) to
indigenous peoples/scheduled tribe households will be shared and monitored; (ii) IEC materials,
information sharing, consultations and other activities 2 stated in the CAPP will be culturally
sensitive and appropriate when implemented in the scheduled area; (iii) in case of any indigenous
peoples impacts in subproject, the chief of the tribe or a member of the tribal council as traditional
arbitrator (to ensure that traditional grievance redress systems are integrated) and an NGO
working with indigenous peoples. GRC will also ensure that grievance redress established is
gender inclusive in receiving and facilitating resolution of the IPs/scheduled tribes’ concerns; (iv)
consultations with IP/scheduled tribe households will be conducted in all subproject stages which
shall help in identifying any culture-specific requirements and traditions like avoidance of any
specific festival days, and/or other activities with cultural significance to the IP/scheduled tribe
communities during civil work; and any other IP/scheduled tribe related issues and concerns that
may be of importance to the community.
V. INFORMATION DISSEMINATION
25. The DDR will be made available in the offices of the Nagar Palika, Sagwara Project
Implementation Unit, Project Management Unit and ADB website for easy access to all
stakeholders including the local community of the town.
1 According to the Indigenous Peoples’ Planning Framework prepared for RSTDSP, If the indigenous people impacts
are not significant or generally positive, the PIU in consultation with CMSC and PMCBCs (the consultants) could
decide to prepare a “specific action” plan in a due diligence report or a combined resettlement and indigenous peoples
plans (RIPP) detailing required actions to address the indigenous people issues without preparing a stand- alone
IPP. This decision will depend on the severity of impacts. Proposed subproject in Sagwara town will only have
beneficial impacts, however, as it falls under scheduled area, as specified in paragraph 13 of this document, a specific
action plan is hereby formulated, to ensure beneficial impacts to scheduled tribe population.
2 CAPPC will be primarily responsible for planning implementing and monitoring the result of such activities.
27
27. Common GRM. A common GRM will be in place for social, environmental, or any other
grievances related to the project. Implementation of the resettlement plans/RIPPs/DDRs/IEEs will
follow the GRM described below. The GRM will provide an accessible and trusted platform for
receiving and facilitating resolution of affected persons’ grievances related to the project.
28. Public awareness campaigns within entire ULB/Municipal area will ensure that awareness
on grievance redress procedures is generated. The nodal officer- safeguards and gender
supported by ASO at zonal level, will oversee the conduct of ULB/project coverage area-based
awareness campaigns by the town-level safeguards and safety officers, through the CAPPC. The
awareness campaigns will ensure that poor and vulnerable households are made aware of
grievance redress procedures and entitlements. Contractors will provide pamphlets to
communities prior to start of works and billboards during construction. The pamphlets and
billboards will include relevant environmental and social safeguards, GRM information, and
contact details of key personnel from PIU and contractors.
29. Affected persons will have the flexibility of conveying grievances/suggestions by dropping
grievance redress/suggestion forms in complaint/suggestion boxes that will be installed by project
PIUs or by e-mail, by post, or by writing in a complaints register in ULB offices/complaints register
3 The procedures followed for grievance redress during implementation of RUSDP Phase III included the project GRM
and the pilot GRM software application (Smart Check) in Pali, the Sampark portal of Government of Rajasthan, and
the Chief Minister’s helpline. Complaints received through various channels were mostly minor and pertained to
damage to existing water supply pipelines and disruption of water supply during construction, delays in road
restoration, and pending new connections. Complaints related to damage to private property (compound walls/steps,
etc.) were less in number. The grievances were mostly possible to resolve in coordination with the contractors.
Complaints received were immediately referred by the CAPC/PMDSC supervision staff to the PIU Nodal officer
(safeguards) and concerned engineer at PIU, who advised them on further action. Follow up with the contractor on
complaint resolution was undertaken by PIU Nodal officer CAPC and PMDSC and final feedback sought from
complainant upon resolution. Complaints requiring inter-departmental coordination were referred to the PMU for
resolution, and feedback provided to complainant. The PMU kept regular track of grievances through WhatsApp and
email alerts, ensuring registration and follow-up until resolution.
4 Town-level grievance registration data indicates that a large number of grievances were registered, pointing to the
effectiveness of the multi-channel GRM. No major grievance was received for RUSDP Phase III. The GRM helped
smoothen the process of project implementation, hence the proposed architecture for the RSTDSP GRM remains
similar, with some refinement, taking into account the changes in institutional setup proposed for project
implementation.
5 Continued logistics support at field level will be key to successful management of grievance redress under RSTDSP.
The target date for establishment of the first level (PIU level) and second level (Zonal level) of GRM is before loan
negotiation.
28
at contractor’s work site6 or by sending a WhatsApp message to the PIU7 or by dialing the phone
number of town level PIU/CAPPC or by dialing a toll-free number.8 Any aggrieved person can
also avail the facilities of online grievance monitoring system ‘Rajasthan Sampark’ portal to
register their grievances which is a parallel mechanism of grievance registration, in addition to the
project GRM. 9 Careful documentation of the name of the complainant, date of receipt of the
complaint, address/contact details of the person, location of the problem area, and how the
problem was resolved will be undertaken and feedback provided to the complainant on
action/decision taken. The SSO of town/city level PIU will have the overall responsibility for timely
grievance redressal on environmental and social safeguards issues and for registration of
grievances, related disclosure, with the assistance of project consultants. In case of grievances
that are immediate and urgent in the perception of the complainant, the contractor, and officials
of PIU with assistance from CMSC and CAPPC on-site will provide the most easily accessible or
first level of contact for quick resolution of grievances. Contact numbers and names of the
concerned PIU safeguard and safety officer, contractors, CAPPC and CMSC personal will be
posted at all construction sites at visible locations.
(i) 1st level grievance. The contractors, PIU executive engineer /assistant engineer
designated as SSO (social and environment), CMSC (safeguard staff) and
CAPPC can immediately resolve issues on-site, in consultation with each other
and will be required to do so within 7 days of receipt of a complaint/grievance. If
required, city level monitoring committee (CLMC) 10 will be involved in resolution
of grievances at the 1st level;
(ii) 2nd level grievance. All grievances that cannot be redressed within 7 days at
field/PIU level will be brought to the notice of Zonal PIU headed by Additional
Chief Engineer (ACE).The ACE at zonal PIU will resolve the grievance within 7
days of receipt of compliant/grievance in discussion with the assistant safeguard
officer (ASO), field level PIU, CMSC, CAPPC and the contractor;
(iii) 3rd level grievance. All the grievances that are not addressed by Zonal PIU
within 7 days of receipt will be brought to the notice of the PMU. Depending on
the nature of grievance, the Project Officer (Social/Environment) at PMU will
resolve the grievance within 15 days of receipt of grievance with necessary
coordination of Zonal PIU and CMSC and guidance/instruction of additional
project director (APD-PMU); and
(iv) Grievances not redressed through this process within/at the project level within
stipulated time period will be referred to the CLC/grievance redress committee
(GRC), which has been set up.11 In its role as a GRC, the CLC will meet whenever
6 RUSDP piloted an online application based live GRM counter for resolution of public grievances over and above the
usual process of grievance registration and redressal. This app based GRM - “RUIDP Smart Check” is available at
Google play store (free of cost) and is operational. The RUIDP Smart Check “app” was launched in Pali town in July
2017 and is proposed to be scaled up in RSTDSP project towns. For persons without access to the application, the
traditional channels will continue to be available.
7
It is suggested for each PIU to have a dedicated WhatsApp group for registration of grievances and receipt of quick
feedback, to be followed by more formal communication.
8 Project contractors in all project towns will have a toll-free number with specific working hours for registration of
10 The CLMC has been formed at the town/city level for planning and monitoring of work, resolve issues related to
departmental coordination etc. It is headed by Commissioner/Executive Officer ULB (Chairman) and city engineer of
public health engineering department (PHED), public works department (PWD) and head of PIU acting as Member
Secretary.
11 City Level Committee (CLC)/grievance redress committees (GRCs) has been constituted for each town/city under
the Chairmanship of District Collector to provide overall subproject guidance and “to sort out issues and remove
29
30. The multi-tier GRM for the project is outlined below (Figure 15), each tier having time-
bound schedules and with responsible persons identified to address grievances and seek
appropriate persons' advice at each stage, as required. The GRC will continue to function
throughout the project duration.
hindrances, if any”. CLC formed at city-level/district level with members composed of: District Collector as
Chairperson, and following as members: ULB Commissioner/Mayor/Chairman; Deputy Mayor/Vice Chairman ULB;
Chairman / Secretary Urban Improvement Trust (UIT); Head of Zonal/field level PIU as Member Secretary; one
representative each from relevant government departments as appropriate (PWD/PHED/Town Planning Department
etc.). All CLCs in their role as GRCs will have at least one-woman member/chairperson. In addition, for project-
related grievances, representatives of affected persons, community-based organizations (CBOs), and eminent
citizens will be invited as observers in GRC meetings. The concerned Member of Parliament (MP) and Member of
Legislative Assembly are also part of the CLC.
30
Not
addressed
Court of Law
Note: APD = additional project director, ASO = assistant safeguards officer, CAPPC = community awareness and public
participation consultant, CMSC = construction management and supervision consultants, CLC = city level committee,
CLMC = city level monitoring committee, GRC = grievance redress committee, PIU = project implementation unit, PMU
= program management unit, PMCBC = project management and capacity building consultant.
31. The project GRM notwithstanding, would ensure that an aggrieved person shall have
access to the country's legal system at any stage and accessing the country's legal system can
run parallel to accessing the GRM and is not dependent on the negative outcome of the GRM. In
case of grievance related to land acquisition, resettlement and rehabilitation, the affected persons
will have to approach a legal body/court specially proposed under the RFCTLARRA, 2013.12
32. People who are, or may in the future be, adversely affected by the project may submit
complaints to ADB’s Accountability Mechanism. The Accountability Mechanism provides an
independent forum and process whereby people adversely affected by ADB-assisted projects can
voice, and seek a resolution of their problems, as well as report alleged violations of ADB’s
operational policies and procedures. Before submitting a complaint to the Accountability
Mechanism, affected people should make an effort in good faith to solve their problems by working
with the concerned ADB operations department. Only after doing that, and if they are still
dissatisfied, should they approach the Accountability Mechanism.13
12 The Authority admits grievance only with reference to the Land Acquisition and R&R issues under the RFCTLARRA,
2013.
13 Accountability Mechanism. http://www.adb.org/Accountability-Mechanism/default.asp.
31
33. Record-keeping. The PIU Sagwara will keep records of grievances received, including
contact details of complainant, date the complaint was received, nature of grievance, agreed
corrective actions and the date these were affected and final outcome. The number of grievances
recorded and resolved, and the outcomes will be displayed/disclosed in the PMU office, PIU
offices, and on the web, as well as reported in monitoring reports submitted to ADB on a semi-
annual basis. The sample grievance registration format is attached as Appendix 12.
34. Periodic review and documentation of lessons learned. The PMU project officers
(Social and Environment) will periodically review the functioning of the GRM in each town and
record information on the effectiveness of the mechanism, especially on the project’s ability to
prevent and address grievances.
35. Costs. Contractors are required to allocate budget for pamphlets and billboards as part of
the EMP. Costs involved in resolving the complaints (meetings, consultations, communication
and reporting/information dissemination) will be borne by the concerned PIU at town level while
costs related to escalated grievances will be met by the PMU.
VII. BUDGET
36. A budgetary provision is made for costs likely to be incurred for this DDR and the Specific
Action Plan for indigenous peoples in Sagwara, and is presented in the table below:
Table 9: Budget
S. Description Target Group Estimated Cost
No.
Implementation of Specific Action 2,000,000
Plan (SAP) – including consultation,
Indigenous
1. focus group discussions and
Peoples/Scheduled Tribe
awareness generation, information
dissemination
Satisfaction survey to assess the 200,000
Indigenous
3. beneficial impacts on the scheduled
Peoples/Scheduled Tribe
tribe upon implementation of SAP
SUBTOTAL 2,200,000
4. 10% contingencies 220,000
TOTAL 2,420,000
VIII. CONCLUSION
37. Findings from field visit, public consultation and stakeholder consultations and initial
screening for resettlement and Indigenous People impact, suggest that subproject is not
anticipated to cause any involuntary resettlement impact. Beneficial impacts to the scheduled
tribe population in the town are anticipated and will be ensured through the specific action plan.
However, the impacts of subproject will be re-assessed (prior to start of civil work) upon
finalization of detailed design (in view of final alignment and scope of work). In case any
involuntary resettlement and/or Indigenous Peoples impact is identified at any stage of the
subproject implementation, this safeguard document will be revised (with appropriate revision of
project category) in accordance with ADB’s Safeguards Policy Statement 2009. Involuntary
resettlement Impact and Indigenous Peoples Impact Screening Checklists attached in Appendix
12 and 13.
32
38. During civil work, a participatory approach will be pursued, and information dissemination
requirements of the project will be adhered to. A Grievance Redress Mechanism will also be
established in the project. The Executing Agency will ensure compliance to all applicable laws
and the ADB SPS, 2009.
39. Formal and informal consultations will be carried out, including but not limited to focus
group discussions (FGDs), public meetings, community discussions, and in-depth and key
informant interviews through the implementation of the project and the same will be reported to
ADB through a semi-annual social monitoring report. In case there is a change to project design
or additional scope is proposed during implementation, ADB will be promptly informed, and the
social safeguards document updated before the start of civil works.
Appendix 1 33
Attendance Sheet
Appendix 1 37
38 Appendix 1
Meeting with ward parshad (councillor) and Nagar Palika officials was also held on 16.05.2022
and proposed redevelopment works of lakes and playground was discussed in detail. The
participants informed that the proposal was prepared a few years back, but due to unavailability
of funds and some other constraints, works were not executed. They showed their willingness to
provide full support to RUIDP (RUDSICO) for implementation of this subproject.
Discussion with school authorities was also held and they briefed them about the need for
development of playground. They confirmed that no-objection has already been provided.
Appendix 2 41
Transcript
To,
Chief Engineer, RUIDP
Sub: No-objection for proposed redevelopment works of lakes and playground
Sir,
With the above cited subject, under RUIDP-Phase-4, redevelopment works of Masania, Loharia, Hariyala,
Gemaria-1 and Gemaria-2 lake redevelopment is proposed .All the lakes are under possession of Nagar
Palika, Sagwara
Redevelopment of playground in government high school premises is also proposed, for which school
school-in charge has already provided no-objection.
Transcript
To Executive Officer,
Nagar Palika, Sagwara
School committee meeting was held on dated 15.07.2021 and proposal for redevelopment of playground
was mutually approved by members of that committee. School is providing no-objection for the proposed
works.
Headmaster, Government High School,Sagwara
48 Appendix 5
Transcript
Copy of Jamabandi
Transcript
Copy of Jamabandi
Transcript
Copy of Jamabandi
Transcript
Copy of Jamabandi
Transcript
Copy of Jamabandi
Transcript
Copy of Jamabandi
This Specific Action Plan implementation report shall be prepared on a quarterly basis for
subprojects which are being implemented in a scheduled area in which a social safeguards due
diligence is prepared. This report will be part of the quarterly progress reports/semi-annual
monitoring report and will be submitted by PMC to PMU for onward submission to ADB.
S. Means of
Specific Activities Responsibility Timeline Status/Remarks
No. Verification
A. Capacity Development, Fostering Community Participation, Employment Opportunities and Project
Management
1. Eligible adult persons Contractor Contractor/CMSC/Town Year 1 to end Employment will be
(including 30% workers level PIU/CAPPC of provided as per the skill
women) from the ST record/daily construction set of the ST
community will be employment period community present in
provided register and Sagwara Town
employment semi-annual
opportunities during social
the lake and safeguards
playground monitoring
redevelopment report
construction work.
2. Training and capacity Training reports CMSC/Town level 18 months or License as tour guides
development of reflected in PIU/CAPPC- during the to the trained ST
eligible adult persons MPR/QPR of Coordinate with ULB start of O&M persons of Sagwara
(including 30% CMSC/CAPPC/ period Town to be provided by
women) from the ST PMCBC, semi- Municipality/Tourism
community as tour annual social department/appropriate
guides – the guide safeguards authority
program will include monitoring
concept on local report
heritage, history,
rituals, birds, flora
and fauna etc.
3. Training Training reports CMSC/Town level 18 months or
opportunities for ST reflected in PIU/CAPPC- during the
school going children MPR/QPR of Coordinate with ULB start of O&M
and young adults CMSC/CAPPC/ period
(including girls and PMCBC, semi-
young women) in the annual social
respective sports safeguards
discipline to be set- monitoring
up along the report
playground facility
4. Provide adequate Letter/Report CMSC/Town level 18 months or This is futuristic and
skill training and from PIU/CAPPC- PMU to during the may only be applicable
employment Municipality, coordinate with ULB start of O&M if such shops and other
opportunities (50% of semi-annual period amenities are
all employment to be social developed.
generated) in case safeguards
Municipality monitoring
develops shops and report
other amenities like
boating in the lakes
to be redeveloped
Appendix 11 57
S. Means of
Specific Activities Responsibility Timeline Status/Remarks
No. Verification
5. Provide training on Training reports CMSC/Town level 18 months or
hygienic fruit and reflected in PIU/CAPPC to during the
vegetable juice MPR/QPR of Coordinate with ULB start of O&M
making technique to CMSC/CAPPC/ period
the eligible adult PMCBC, semi-
persons (including annual social
30% women) from safeguards
the ST community--- monitoring
Target 10 persons. report
Training aspect to
cover safe disposal
of waste food items.
6. Employment Letter/Report Municipality/ O&M period
opportunities during from CMSC/Town level
O&M phase and Municipality and PIU/CAPPC- PMU to
beyond – Eligible Contractor, coordinate
adult persons semi-annual
(including women) social
from the ST safeguards
community will be monitoring
provided report
employment
opportunities during
O&M phase when the
facilities becomes
operational- jobs like
security guard,
cleaning and
sanitation workers,
ticket issuing
persons
7. Explore the As reflected in CMSC/Town level 18 months or License for pushcarts
possibility of MPR/QPR of PIU/CAPPC-PMU to during the to be provided to the
providing pushcart CMSC/CAPPC/ Coordinate with ULB start of O&M trained ST persons of
and juice making PMCBC and period Sagwara Town by
small machines letter/Report Municipality/Tourism
(juicers) to 10 from department/appropriate
persons from the Municipality, authority. In case
existing government semi-annual pushcarts and other
schemes social amenities are not
safeguards possible to be provided,
monitoring then licence will still be
report provided so that the
trained persons can
operate on their own.
8. Awareness As reflected in CMSC/Town level Year 1 to 18
generation MPR/QPR of PIU/CAPPC to months
workshops for CMSC/CAPPC/ Coordinate with ULB
adolescent girls of ST PMCBC, semi-
community from annual social
schools/community safeguards
on Menstruation and monitoring
Menstrual Hygiene report
Management (MHM)
–Target-TBD**
58 Appendix 11
S. Means of
Specific Activities Responsibility Timeline Status/Remarks
No. Verification
9. Awareness activity in As reflected in CMSC/Town level Year 1 to 18
government schools MPR/QPR of PIU/CAPPC to months
for students CMSC/CAPPC/ Coordinate with ULB
(including all PMCBC, semi-
students from ST annual social
community) on water safeguards
conservation, monitoring
protocol of Covid-19, report
preservation of
natural environment
assets etc.
Target-TBD#
10. Exposure visit of CMSC/Town level Year 1 to 18
school children PIU/CAPPC to months
(including all Coordinate with ULB
students from ST
community) to
project sites for
understanding the
importance of lakes
and requirement of
its conservation.
Target-TBD##
B. Consultation
11. Type of consultations Detailed report CMSC/Town level Project
planned with IP/ST on consultation PIU/CAPPC/ULB preparatory
households (stage of in MPR/QPR (as stage and
project cycle) submitted by the continued
1. Pre-Construction project throughout
2. Construction consultants)/ the
3. Post Semi-annual subproject
Construction social cycle
4. Other monitoring
reports with
photographs
C. Grievance Redress Mechanism
12. Grievance Redress Government PMU Year 1 till
Mechanism order/notice/little O&M phase
established at specifying
different levels inclusion IP
representation
in CLC/GRC as
described in the
project GRM
Report related to
project
grievance
reflected in the
monitoring
reports of the
Project
D. Monitoring – Project completion stage
13. Satisfaction Survey Satisfaction Contractor CMSC/Town 18 month-24
of IP households with Survey report level PIU month
SAP implementation and project
Appendix 11 59
S. Means of
Specific Activities Responsibility Timeline Status/Remarks
No. Verification
and subproject work completion
as a whole report (PCR)
NOTE: ** Target TBD= Target to be decided (number of girls to participate and number of awareness activity to be
conducted) based on the community consultation and data analysis; Target-TBD#= Target to be decided (number of
students to participate and number of awareness activity to be conducted) based on the community consultation and
data analysis; Target-TBD##= Target to be decided (number of students to participate and number of awareness
activity to be conducted) based on the community consultation and data analysis
CAPPC = Community Awareness and Participation Consultant, CMSC = Construction Management and Supervision
Consultant, GRC = Grievance Redress Committee, IP= Indigenous peoples, MPR = Monthly Progress Report, PIU =
Project Implementation Unit, PMU = Project Management Unit, QPR = Quarterly Progress Report.
Appendix 12 60
Date: _____17.03.2022
Project Data
[ ] Project Loan [ ] Program Loan [ ] Financial Intermediary [ ] General Corporate Finance
[ √ ] Sector Loan [ ] MFF [ ] Emergency Assistance [ ] Grant
[ ] Other financing modalities:
IR Impact categorization [ √ ] New [ ] Recategorization ― Previous Category [ ]
[ ] (200+ persons (not households!) are physically displaced from residence or
Category A: Significant IR impact
lose more than 10% of productive (income generating) assets
[ ] Category B: Non-significant IR impact
[√ ] Category C: No IR impact
Prepared by:
Not
Yes No Remarks
Probable Involuntary Resettlement Effects Known
√
9. Will there be loss of income sources and means of
livelihoods due to land acquisition?
Involuntary restrictions on land use or on access to legally designated parks and protected areas
√
10. Will people lose access to natural resources,
communal facilities and services?
√
11. If land use is changed, will it have an adverse
impact on social and economic activities?
√
12. Will access to land and resources owned
communally or by the state be restricted?
KEY CONCERNS
NOT
(Please provide elaborations YES NO Remarks
KNOWN
on the Remarks column)
1. Indigenous Peoples Identification
√ Sagwara Tehsil (sub-
district) which includes
Sagwara Town has been
declared as a scheduled
area by the Government
of India. Whilst many
Scheduled Tribe (ST)
households, residing
here, no longer maintain
their cultural traditions
1. Are there socio-cultural groups present in and have settled
or use the project area who may be amongst the non-tribal
considered as "tribes" (hill tribes, schedules populations. Sagwara
tribes, tribal peoples), "minorities" (ethnic or Town has 27.54%
national minorities), or "indigenous (Census 2011) of
communities" in the project area? scheduled tribe
population out of the total
population. The
subproject is expected to
have only beneficial
impacts on scheduled
tribe community in
Sagwara Town. No
adverse impact to
indigenous
people/scheduled tribe is
anticipated.
2. Are there national or local laws or policies √
as well as anthropological
researches/studies that consider these
groups present in or using the project area
as belonging to "ethnic minorities",
scheduled tribes, tribal peoples, national
minorities, or cultural communities?
3. Do such groups self-identify as being part √ Scheduled Tribe (ST)
of a distinct social and cultural group? households are
residing in the town
4. Do such groups maintain collective √
are not distinct from
attachments to distinct habitats or ancestral
the main stream
territories and/or to the natural resources in societies and no
these habitats and territories? longer maintain their
5. Do such groups maintain cultural, √ cultural traditions and
economic, social, and political institutions have settled amongst
distinct from the dominant society and the non-tribal
culture? populations. They
64 Appendix 14
KEY CONCERNS
NOT
(Please provide elaborations YES NO Remarks
KNOWN
on the Remarks column)
√ speak Rajasthani as
6. Do such groups speak a distinct language well as Hindi language
or dialect? and follow Hindu
religion.
7. Has such groups been historically, √
socially and economically marginalized,
disempowered, excluded, and/or
discriminated against?
8. Are such groups represented as √
"Indigenous Peoples" or as "ethnic
minorities" or "scheduled tribes" or "tribal
populations" in any formal decision-making
bodies at the national or local levels?
B. Identification of Potential Impacts
9. Will the project directly or indirectly √
benefit or target Indigenous Peoples?
10. Will the project directly or indirectly √
affect Indigenous Peoples' traditional socio-
cultural and belief practices? (e.g. child-
rearing, health, education, arts, and
governance)
11. Will the project affect the livelihood √
systems of Indigenous Peoples? (e.g., food
production system, natural resource
management, crafts and trade, employment
status)
12. Will the project be in an area (land or √
territory) occupied, owned, or used by
Indigenous Peoples, and/or claimed as
ancestral domain?
C. Identification of Special Requirements
Will the project activities include:
13. Commercial development of the cultural √
resources and knowledge of Indigenous
Peoples?
14. Physical displacement from traditional √
or customary lands?
15. Commercial development of natural √
resources (such as minerals, hydrocarbons,
forests, water, hunting or fishing grounds)
within customary lands under use that would
impact the livelihoods or the cultural,
ceremonial, spiritual uses that define the
identity and community of Indigenous
Peoples?
Appendix 14 65
KEY CONCERNS
NOT
(Please provide elaborations YES NO Remarks
KNOWN
on the Remarks column)
16. Establishing legal recognition of rights √
to lands and territories that are traditionally
owned or customarily used, occupied or
claimed by indigenous peoples?
17. Acquisition of lands that are traditionally √
owned or customarily used, occupied or
claimed by indigenous peoples?
A. General
remedying defects.
(q) Drawings include calculations and other information provided
or approved by the Project Manager for the execution of the
Contract.
(r) The Employer is the party who employs the Contractor to
carry out the Works, as specified in the PCC.
(s) Equipment is the Contractor’s machinery and vehicles
brought temporarily to the Site to construct the Works.
(t) Force Majeure means an exceptional event or circumstance:
which is beyond a Party's control; which such Party could not
reasonably have provided against before entering into the
Contract; which, having arisen, such Party could not
reasonably have avoided or overcome; and, which is not
substantially attributable to the other Party.
(u) In writing or written means hand-written, type-written, printed,
or electronically made, and resulting in a permanent record.
(v) The Initial Contract Price is the Contract Price listed in the
Employer’s Letter of Acceptance.
(w) The Intended Completion Date is the date on which it is
intended that the Contractor shall complete the Works. The
Intended Completion Date is specified in the PCC. The
Intended Completion Date may be revised only by the Project
Manager by issuing an extension of time or an acceleration
order.
(x) Letter of Acceptance means the formal acceptance by the
Employer of the Bid and denotes the formation of the Contract
at the date of acceptance.
(y) Materials are all supplies, including consumables, used by the
Contractor for incorporation in the Works.
(z) Party means the Employer or the Contractor, as the context
requires.
(aa) PCC means Particular Conditions of Contract.
(bb) Plant is any integral part of the Works that shall have a
mechanical, electrical, chemical, or biological function.
(cc) The Project Manager is the person named in the PCC (or any
other competent person appointed by the Employer and
notified to the Contractor, to act in replacement of the Project
Manager) who is responsible for supervising the execution of
the Works and administering the Contract.
(dd) Retention Money means the aggregate of all monies retained
by the Employer pursuant to GCC 55.1 [Retention].
(ee) Schedules means the document(s) entitled schedules,
completed by the Contractor and submitted with the Letter of
Bid, as included in the Contract. Such document may include
the Bill of Quantities, data, lists, and schedules of rates and/or
prices.
(ff) The Site is the area defined as such in the PCC.
2. Interpretation 2.1 In interpreting these GCC, singular also means plural, male also
means female or neuter, and the other way around. Headings have no
significance. Words have their normal meaning under the language of
the Contract unless specifically defined. The Project Manager shall
provide instructions clarifying queries about these GCC.
3. Language and 3.1 The language of the Contract and the law governing the Contract are
Law stated in the PCC.
3.2 Throughout the execution of the Contract, the Contractor shall comply
with the import of goods and services prohibitions in the Employer’s
country when
(a) by an act of compliance with a decision of the United Nations
Security Council taken under Chapter VII of the Charter of the
United Nations, the Borrower’s Country prohibits any import of
goods from, or any payments to, a particular country, person,
or entity. Where the Borrower’s country prohibits payments to
a particular firm or for particular goods by such an act of
compliance, that firm may be excluded.
4. Contract 4.1 The Parties shall enter into a Contract Agreement within 28 days after
Agreement the Contractor receives the Letter of Acceptance, unless the Particular
Conditions establish otherwise. The Contract Agreement shall be
based upon the attached Contract forms in Section 8. The costs of
stamp duties and similar charges (if any) imposed by law in connection
with entry into the Contract Agreement shall be borne by the Employer.
5. Assignment 5.1 Neither Party shall assign the whole or any part of the Contract or any
benefit or interest in or under the Contract. However, either Party
(a) may assign the whole or any part with the prior agreement of
the other Party, at the sole discretion of such other Party; and
(b) may, as security in favor of a bank or financial institution,
assign its right to any moneys due, or to become due, under
the Contract.
6. Care and Supply 6.1 The Specification and Drawings shall be in the custody and care of the
of Documents Employer. Unless otherwise stated in the Contract, two copies of the
Contract and of each subsequent Drawing shall be supplied to the
Contractor, who may make or request further copies at the cost of the
Contractor.
6.2 Each of the Contractor’s Documents shall be in the custody and care of
the Contractor, unless and until taken over by the Employer. Unless
otherwise stated in the Contract, the Contractor shall supply to the
Engineer six copies of each of the Contractor’s Documents.
6.3 The Contractor shall keep, on the Site, a copy of the Contract,
publications named in the Specification, the Contractor’s Documents (if
any), the Drawings and Variations and other communications given
under the Contract. The Employer’s Personnel shall have the right of
access to all these documents at all reasonable times.
6.4 If a Party becomes aware of an error or defect in a document which
was prepared for use in executing the Works, the Party shall promptly
give notice to the other Party of such error or defect.
7. Confidential 7.1 The Contractor’s and the Employer’s Personnel shall disclose all such
Details confidential and other information as may be reasonably required in
order to verify the Contractor’s compliance with the Contract and allow
its proper implementation.
7.2 Each of them shall treat the details of the Contract as private and
confidential, except to the extent necessary to carry out their
respective obligations under the Contract or to comply with applicable
Laws. Each of them shall not publish or disclose any particulars of the
Works prepared by the other Party without the previous agreement of
the other Party. However, the Contractor shall be permitted to disclose
any publicly available information, or information otherwise required to
establish his qualifications to compete for other projects.
8. Compliance with 8.1 The Contractor shall, in performing the Contract, comply with applicable
Laws Laws.
9. Joint and 9.1 If the Contractor is a Joint Venture of two or more persons, all such
Several Liability persons shall be jointly and severally liable to the Employer for the
fulfillment of the provisions of the Contract, and shall designate one of
such persons to act as a leader with authority to bind the Joint Venture.
The composition or the constitution of the Joint Venture shall not be
10. Project 10.1 Except where otherwise specifically stated, the Project Manager shall
Manager’s decide contractual matters between the Employer and the Contractor
Decisions in the role representing the Employer.
11. Delegation 11.1 The Project Manager may delegate any of his duties and
responsibilities to other people, except to the Adjudicator, after
notifying the Contractor, and may cancel any delegation after notifying
the Contractor.
12. Communica- 12.1 Communications between parties that are referred to in the Conditions
tions shall be effective only when in writing. A notice shall be effective only
when it is delivered.
13. Subcontracting 13.1 The Contractor may subcontract with the approval of the Project
Manager, but may not assign the Contract without the approval of the
Employer in writing. Subcontracting shall not alter the Contractor’s
obligations.
14. Other 14.1 The Contractor shall cooperate and share the Site with other
Contractors contractors, public authorities, utilities, and the Employer between the
dates given in the Schedule of Other Contractors, as referred to in the
PCC. The Contractor shall also provide facilities and services for them
as described in the Schedule. The Employer may modify the Schedule
of Other Contractors, and shall notify the Contractor of any such
modification.
15. Personnel and 15.1 The Contractor shall employ the key personnel and use the equipment
Equipment identified in its Bid to carry out the functions stated in the Schedule or
other personnel and equipment approved by the Project Manager. The
Project Manager shall approve any proposed replacement of key
personnel and equipment only if their relevant qualifications or
characteristics are substantially equal to or better than those proposed
in the Bid.
15.2 If the Project Manager asks the Contractor to remove a person who is
a member of the Contractor’s staff or work force, stating the reasons,
the Contractor shall ensure that the person leaves the Site within 7
days and has no further connection with the work in the Contract.
15.3 Should any employee of the Contractor be determined, based on
reasonable evidence, to have engaged in corrupt, fraudulent, collusive,
coercive, or obstructive practices or other integrity violations during the
execution of the Works, then that employee shall be removed in
accordance with Clause 15.2 above.
16. Employer’s and 16.1 The Employer carries the risks which this Contract states are
Contractor’s Employer’s risks, and the Contractor carries the risks which this
Risks Contract states are Contractor’s risks.
17. Employer’s 17.1 From the Start Date until the Defects Liability Certificate has been
Risks issued, the following are Employer’s risks:
(a) The risk of personal injury, death, or loss of or damage to
property (excluding the Works, Plant, Materials, and Equipment),
which are due to
(i) use or occupation of the Site by the Works or for the
17.2 From the Completion Date until the Defects Liability Certificate has
been issued, the risk of loss of or damage to the Works, Plant, and
Materials is an Employer’s risk except loss or damage due to
(a) a Defect which existed on the Completion Date,
(b) an event occurring before the Completion Date, which was not
itself an Employer’s risk, or
(c) the activities of the Contractor on the Site after the Completion
Date.
18. Contractor’s 18.1 From the Starting Date until the Defects Liability Certificate has been
Risks issued, the risks of personal injury, death, and loss of or damage to
property (including, without limitation, the Works, Plant, Materials, and
Equipment) which are not Employer’s risks, are Contractor’s risks.
19. Insurance 19.1 The Contractor shall provide, in the joint names of the Employer and
the Contractor, insurance cover from the Start Date to the end of the
Defects Liability Period, in the amounts and deductibles stated in the
PCC for the following events, which are due to the Contractor’s risks:
(a) loss of or damage to the Works, Plant, and Materials;
(b) loss of or damage to Equipment;
(c) loss of or damage to property (except the Works, Plant,
Materials, and Equipment) in connection with the Contract; and
(d) personal injury or death.
19.3 If the Contractor does not provide any of the policies and certificates
required, the Employer may effect the insurance, which the Contractor
should have provided and recover the premiums the Employer has
paid from payments otherwise due to the Contractor or, if no payment
is due, the payment of the premiums shall be a debt due.
19.4 Alterations to the terms of an insurance shall not be made without the
approval of the Project Manager.
19.5 Both parties shall comply with any conditions of the insurance policies.
20. Site 20.1 The Contractor, in preparing the Bid, shall rely on any Site
Investigation Investigation Reports referred to in the PCC, supplemented by any
Reports information available to the Contractor.
21. Contractor to 21.1 The Contractor shall construct and install the Works in accordance with
Construct the the Specifications and Drawings.
Works
22. The Works to Be 22.1 The Contractor may commence execution of the Works on the Start
Completed by Date and shall carry out the Works in accordance with the Program
the Intended submitted by the Contractor, as updated with the approval of the
Completion Project Manager, and complete them by the Intended Completion
Date Date.
23. Designs by 23.1 The Contractor shall carry out design to the extent specified in the PCC.
Contractor and The Contractor shall promptly submit to the Employer all designs
Approval by the prepared by him. Within 14 days of receipt, the Employer shall notify
Project Manager any comments. The Contractor shall not construct any element of the
permanent work designed by him within 14 days after the design has
been submitted to the Employer or where the design for that element
has been rejected. Design that has been rejected shall be promptly
amended and resubmitted. The Contractor shall resubmit all designs
commented on, taking these comments into account as necessary.
23.2 The Contractor shall submit Specifications and Drawings showing the
proposed Temporary Works to the Project Manager, who is to approve
them if they comply with the Specifications and Drawings..
23.4 The Project Manager’s approval shall not alter the Contractor’s
responsibility for design of the Temporary Works.
23.5 The Contractor shall obtain approval of third parties to the design of
the Temporary Works, where required.
23.6 All Drawings prepared by the Contractor for the execution of the
temporary or permanent Works, are subject to prior approval by the
Project Manager before this use.
24. Safety 24.1 The Contractor shall be responsible for the safety of all activities on the
Site.
26. Possession of 26.1 The Employer shall give possession of all parts of the Site to the
the Site Contractor. If possession of a part is not given by the date stated in the
PCC, the Employer shall be deemed to have delayed the start of the
relevant activities, and this shall be a Compensation Event.
27. Access to the 27.1 The Contractor shall allow the Project Manager and any person
Site authorized by the Project Manager access to the Site and to any place
where work in connection with the Contract is being carried out or is
intended to be carried out.
28. Instructions, 28.1 The Contractor shall carry out all instructions of the Project Manager,
Inspections, and which comply with the applicable laws where the Site is located.
Audits
28.2 The Contractor shall keep, and shall make all reasonable efforts to
cause its Subcontractors and subconsultants to keep accurate and
systematic accounts and records in respect of the Works in such form
and details as will clearly identify relevant time changes and costs.
28.3 The Contractor shall permit ADB or its representative to inspect the
Contractor’s site, assets, accounts, records, and other documents
relating to the submission of bids and contract performance and to
have them audited by auditors appointed by ADB. The Contractor shall
maintain all documents and records related to the bid submission and
execution of the Contract for at least 5 years after completing the
works contemplated in the relevant contracts or the period prescribed
in applicable law, whichever is longer. The Contractor shall provide any
documents necessary for the investigation of allegations of corrupt,
fraudulent, collusive, coercive, or obstructive practices or other integrity
violations and require its employees or agents with knowledge of the
Contract to respond to questions from ADB.
28.4 ADB’s right to inspect the Site and/or the Contractor’s accounts and
records relating to the performance of the Contract stated in Sub-
Clause 28.3 and 74.2 (e) shall survive termination and/ or expiration of
this Contract.
29. Appointment of 29.1 The Adjudicator shall be appointed jointly by the Employer and the
the Adjudicator Contractor, at the time of the Employer’s issuance of the Letter of
Acceptance. If, in the Letter of Acceptance, the Employer does not
agree on the appointment of the Adjudicator, the Employer will request
the Appointing Authority designated in the PCC, to appoint the
Adjudicator within 14 days of receipt of such request.
29.2 Should the Adjudicator resign or die, or should the Employer and the
Contractor agree that the Adjudicator is not functioning in accordance
with the provisions of the Contract, a new Adjudicator shall be jointly
appointed by the Employer and the Contractor. In case of
disagreement between the Employer and the Contractor, within 30
days, the Adjudicator shall be designated by the Appointing Authority
at the request of either party, within 14 days of receipt of such request.
30. Procedure for 30.1 If the Contractor believes that a decision taken by the Project Manager
Disputes was either outside the authority given to the Project Manager by the
Contract or that the decision was wrongly taken, the decision shall be
referred to the Adjudicator within 14 days of the notification of the
Project Manager’s decision.
30.2 The Adjudicator shall give a decision in writing within 28 days of receipt
of a notification of a dispute.
30.3 The Adjudicator shall be paid by the hour at the rate specified in the
31. Forced Labor 31.1 The Contractor shall not employ forced labor, which consists of any
work or service, not voluntarily performed, that is exacted from an
individual under threat of force or penalty. This covers any kind of
involuntary or compulsory labor, such as indentured labor, bonded
labor, or similar labor–contracting arrangements.
32. Child Labor 32.1 The Contractor shall not employ children in a manner that is
economically exploitative, or is likely to be hazardous, 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. Where
national laws have provisions for employment of minors, the Contractor
shall follow those laws applicable to the Contractor. Children below the
age of 18 years shall not be employed in dangerous work.
33. Workers’ 33.1 In countries where national law recognizes workers’ rights to form and
Organizations to join workers’ organizations of their choosing without interference and
to bargain collectively, the Contractor shall comply with national law.
Where national law substantially restricts workers’ organizations, the
Contractor shall enable alternative means for the Contractor’s
Personnel to express their grievances and protect their rights regarding
working conditions and terms of employment. In either case described
above, and where national law is silent, the Contractor shall not
discourage the Contractor’s Personnel from forming or joining workers’
organizations of their choosing or from bargaining collectively, and
shall not discriminate or retaliate against the Contractor’s Personnel
who participate, or seek to participate, in such organizations and
bargain collectively. The Contractor shall engage with such workers
representatives. Worker organizations are expected to fairly represent
the workers in the workforce.
34. Nondiscrimina 34.1 The Contractor shall not make employment decisions on the basis of
tion and Equal personal characteristics unrelated to inherent job requirements. The
Opportunity Contractor shall base the employment relationship on the principle of
equal opportunity and fair treatment, and shall not discriminate with
respect to aspects of the employment relationship, including
recruitment and hiring, compensation (including wages and benefits),
working conditions and terms of employment, access to training,
promotion, termination of employment or retirement, and discipline. In
countries where national law provides for non-discrimination in
employment, the Contractor shall comply with national law. When
national laws are silent on nondiscrimination in employment, the
Contractor shall meet this Subclause’s requirements. Special
measures of protection or assistance to remedy past discrimination or
C. Time Control
35. Program 35.1 Within the time stated in the PCC, after the date of the Letter of
Acceptance, the Contractor shall submit to the Project Manager for
approval a Program showing the general methods, arrangements,
order, and timing for all the activities in the Works. In the case of a
lump sum contract, the activities in the Program shall be consistent
with those in the Activity Schedule.
35.3 The Contractor shall submit to the Project Manager for approval an
updated Program at intervals no longer than the period stated in the
PCC. If the Contractor does not submit an updated Program within this
period, the Project Manager may withhold the amount stated in the
PCC from the next payment certificate and continue to withhold this
amount until the next payment after the date on which the overdue
Program has been submitted. In the case of a lump sum contract, the
Contractor shall provide an updated Activity Schedule within 14 days of
being instructed to by the Project Manager.
35.4 The Project Manager’s approval of the Program shall not alter the
Contractor’s obligations. The Contractor may revise the Program and
submit it to the Project Manager again at any time. A revised Program
shall show the effect of Variations and Compensation Events.
36. Extension of the 36.1 The Project Manager shall extend the Intended Completion Date if a
Intended Compensation Event occurs or a Variation is issued which makes it
Completion impossible for Completion to be achieved by the Intended Completion
Date Date without the Contractor taking steps to accelerate the remaining
work, which would cause the Contractor to incur additional cost.
36.2 The Project Manager shall decide whether and by how much to extend
the Intended Completion Date within 21 days of the Contractor asking
the Project Manager for a decision upon the effect of a Compensation
Event or Variation and submitting full supporting information. If the
Contractor has failed to give early warning of a delay or has failed to
cooperate in dealing with a delay, the delay by this failure shall not be
considered in assessing the new Intended Completion Date.
37. Acceleration 37.1 When the Employer wants the Contractor to finish before the Intended
Completion Date, the Project Manager shall obtain priced proposals for
achieving the necessary acceleration from the Contractor. If the
Employer accepts these proposals, the Intended Completion Date shall
be adjusted accordingly and confirmed by both the Employer and the
Contractor.
as a Variation.
38. Delays Ordered 38.1 The Project Manager may instruct the Contractor to delay the start or
by the Project progress of any activity within the Works.
Manager
39. Management 39.1 Either the Project Manager or the Contractor may require the other to
Meetings attend a management meeting. The business of a management
meeting shall be to review the plans for remaining work and to deal
with matters raised in accordance with the early warning procedure.
40. Early Warning 40.1 The Contractor shall warn the Project Manager at the earliest
opportunity of specific likely future events or circumstances that may
adversely affect the quality of the work, increase the Contract Price, or
delay the execution of the Works. The Project Manager may require
the Contractor to provide an estimate of the expected effect of the
future event or circumstance on the Contract Price and Completion
Date. The estimate shall be provided by the Contractor as soon as
reasonably possible.
40.2 The Contractor shall cooperate with the Project Manager in making
and considering proposals for how the effect of such an event or
circumstance can be avoided or reduced by anyone involved in the
work and in carrying out any resulting instruction of the Project
Manager.
D. Quality Control
41. Identifying 41.1 The Project Manager shall check the Contractor’s work and notify the
Defects Contractor of any Defects that are found. Such checking shall not
affect the Contractor’s responsibilities. The Project Manager may
instruct the Contractor to search for a Defect and to uncover and test
any work that the Project Manager considers may have a Defect.
42. Tests 42.1 If the Project Manager instructs the Contractor to carry out a test not
specified in the Specification to check whether any work has a Defect
and the test shows that it does, the Contractor shall pay for the test
and any samples. If there is no Defect, the test shall be a
Compensation Event.
43. Correction of 43.1 The Project Manager shall give notice to the Contractor of any Defects
Defects before the end of the Defects Liability Period, which begins at
Completion, and is defined in the PCC. The Defects Liability Period
shall be extended for as long as Defects remain to be corrected.
43.2 Every time notice of a Defect is given, the Contractor shall correct the
notified Defect within the length of time specified by the Project
Manager’s notice.
44. Uncorrected 44.1 If the Contractor has not corrected a Defect within the time specified in
Defects the Project Manager’s notice, the Project Manager shall assess the
cost of having the Defect corrected, and the Contractor shall pay this
amount.
E. Cost Control
45. Contract Price 45.1 In the case of an admeasurement contract, the Bill of Quantities shall
contain priced items for the Works to be performed by the Contractor.
The Bill of Quantities is used to calculate the Contract Price. The
Contractor will be paid for the quantity of the work accomplished at the
rate in the Bill of Quantities for each item.
45.2 In the case of a lump sum contract, the Activity Schedule shall contain
the priced activities for the Works to be performed by the Contractor.
The Activity Schedule is used to monitor and control the performance
of activities on which basis the Contractor will be paid. If payment for
Materials on Site shall be made separately, the Contractor shall show
delivery of Materials to the Site separately on the Activity Schedule.
46.2 In the case of a lump sum contract, the Activity Schedule shall be
amended by the Contractor to accommodate changes of Program or
method of working made at the Contractor’s own discretion. Prices in
the Activity Schedule shall not be altered when the Contractor makes
such changes to the Activity Schedule.
47. Variations 47.1 All Variations shall be included in updated Programs, and, in the case
of a lump sum contract, also in the Activity Schedule, produced by the
Contractor.
47.2 The Contractor shall provide the Project Manager with a quotation for
carrying out the Variation when requested to do so by the Project
Manager. The Project Manager shall assess the quotation, which shall
be given within seven (7) days of the request or within any longer
period stated by the Project Manager and before the Variation is
ordered.
47.4 If the Project Manager decides that the urgency of varying the work
would prevent a quotation being given and considered without delaying
the work, no quotation shall be given and the Variation shall be treated
as a Compensation Event.
47.5 The Contractor shall not be entitled to additional payment for costs that
could have been avoided by giving early warning.
48. Cash Flow 48.1 When the Program, or, in the case of a lump sum contract, the Activity
Forecasts Schedule, is updated, the Contractor shall provide the Project Manager
with an updated cash flow forecast. The cash flow forecast shall
include different currencies, as defined in the Contract, converted as
necessary using the Contract exchange rates.
49. Payment 49.1 The Contractor shall submit to the Project Manager monthly
Certificates statements of the estimated value of the work executed less the
cumulative amount certified previously.
49.2 The Project Manager shall check the Contractor’s monthly statement
and certify the amount to be paid to the Contractor.
49.5 The value of work executed shall include the valuation of Variations
and Compensation Events.
49.6 The Project Manager may exclude any item certified in a previous
certificate or reduce the proportion of any item previously certified in
any certificate in the light of later information.
50. Payments 50.1 Payments shall be adjusted for deductions for advance payments and
retention. The Employer shall pay the Contractor the amounts certified
by the Project Manager within 28 days of the date of each certificate. If
the Employer makes a late payment, the Contractor shall be paid
interest on the late payment in the next payment. Interest shall be
calculated from the date by which the payment should have been
made up to the date when the late payment is made at the prevailing
rate of interest for commercial borrowing for each of the currencies in
which payments are made.
50.3 Unless otherwise stated, all payments and deductions shall be paid or
charged in the proportions of currencies comprising the Contract Price.
50.4 Items of the Works for which no rate or price has been entered in shall
not be paid for by the Employer and shall be deemed covered by other
rates and prices in the Contract.
51.4 The Contractor shall not be entitled to compensation to the extent that
the Employer’s interests are adversely affected by the Contractor’s not
having given early warning or not having cooperated with the Project
Manager.
52. Tax 52.1 The Project Manager shall adjust the Contract Price if taxes, duties,
and other levies are changed between the date 28 days before the
submission of bids for the Contract and the date of the last Completion
certificate. The adjustment shall be the change in the amount of tax
payable by the Contractor, provided such changes are not already
reflected in the Contract Price or are a result of GCC 54.1 [Price
Adjustment].
53. Currencies 53.1 Where payments are made in currencies other than the currency of the
Employer’s country specified in the PCC, the exchange rates used for
calculating the amounts to be paid shall be the exchange rates stated
in the Contractor’s Bid.
54. Price 54.1 Prices shall be adjusted for fluctuations in the cost of inputs only if
Adjustment provided for in the PCC. If so provided, the amounts certified in each
payment certificate, before deducting for Advance Payment, shall be
adjusted by applying the respective price adjustment factor to the
payment amounts due in each currency. A separate formula of the type
indicated below applies to each Contract currency:
Pc = Ac + Bc Imc/Ioc
where:
Pc is the adjustment factor for the portion of the Contract Price
payable in a specific currency “c.”
54.2 If the value of the index is changed after it has been used in a
calculation, the calculation shall be corrected and an adjustment made
in the next payment certificate. The index value shall be deemed to
take account of all changes in cost due to fluctuations in costs.
55. Retention 55.1 The Employer shall retain from each payment due to the Contractor
the proportion stated in the PCC until Completion of the whole of the
Works.
56. Liquidated 56.1 The Contractor shall pay liquidated damages to the Employer at the
Damages rate per day stated in the PCC for each day that the Completion Date
is later than the Intended Completion Date. The total amount of
liquidated damages shall not exceed the amount defined in the PCC.
The Employer may deduct liquidated damages from payments due to
the Contractor. Payment of liquidated damages shall not affect the
Contractor’s liabilities.
57. Bonus 57.1 The Contractor shall be paid a Bonus calculated at the rate per
calendar day stated in the PCC for each day (less any days for which
the Contractor is paid for acceleration) that the Completion is earlier
than the Intended Completion Date. The Project Manager shall certify
that the Works are complete, although they may not be due to be
complete.
58. Advance 58.1 The Employer shall make advance payment to the Contractor of the
amounts stated in the PCC by the date stated in the PCC, against
1
The sum of the two coefficients Ac and Bc should be 1 (one) in the formula for each currency. Normally, both coefficients
shall be the same in the formulas for all currencies, since coefficient A, for the nonadjustable portion of the payments, is a
very approximate figure (usually 0.10 ~ 0.20) to take account of fixed cost elements or other nonadjustable components.
The sum of the adjustments for each currency is added to the Contract Price.
58.2 The Contractor is to use the advance payment only to pay for
Equipment, Plant, Materials, and mobilization expenses required
specifically for execution of the Contract. The Contractor shall
demonstrate that advance payment has been used in this way by
supplying copies of invoices or other documents to the Project
Manager.
59. Securities 59.1 The Performance Security shall be provided to the Employer no later
than the date specified in the Letter of Acceptance and shall be issued
in an amount specified in the PCC, by a bank acceptable to the
Employer, and denominated in the types and proportions of the
currencies in which the Contract Price is payable. The Performance
Security shall be valid until a date 28 days from the date of issue of the
Certificate of Completion in the case of a bank guarantee.
60. Dayworks 60.1 If applicable, the Dayworks rates in the Contractor’s Bid shall be used
for small additional amounts of work only when the Project Manager
has given written instructions in advance for additional work to be paid
for in that way.
60.3 The Contractor shall be paid for Dayworks subject to obtaining signed
Dayworks forms.
61. Cost of Repairs 61.1 Loss or damage to the Works or Materials to be incorporated in the
Works between the Start Date and the end of the Defects Correction
periods shall be remedied by the Contractor at the Contractor’s cost if
the loss or damage arises from the Contractor’s acts or omissions.
F. Force Majeure
62. Definition of 62.1 In this Clause, “Force Majeure” means an exceptional event or
Force Majeure circumstance,
(a) which is beyond a Party’s control;
(b) which such Party could not reasonably have provided against
before entering into the Contract;
(c) which, having arisen, such Party could not reasonably have
avoided or overcome; and
(d) which is not substantially attributable to the other Party.
62.2 Force Majeure may include, but is not limited to, exceptional events or
circumstances of the kind listed below, so long as conditions (a) to (d)
above are satisfied:
(a) war, hostilities (whether war be declared or not), invasion, act of
foreign enemies;
(b) rebellion, terrorism, sabotage by persons other than the
Contractor’s Personnel, revolution, insurrection, military or
usurped power, or civil war;
(c) riot, commotion, disorder, strike or lockout by persons other than
the Contractor’s Personnel;
(d) munitions of war, explosive materials, ionizing radiation or
contamination by radio-activity, except as may be attributable to
the Contractor’s use of such munitions, explosives, radiation or
radio-activity; and
(e) natural catastrophes such as earthquake, hurricane, typhoon, or
volcanic activity.
63. Notice of Force 63.1 If a Party is or will be prevented from performing its substantial
Majeure obligations under the Contract by Force Majeure, then it shall give
notice to the other Party of the event or circumstances constituting the
Force Majeure and shall specify the obligations, the performance of
which is or will be prevented. The notice shall be given within 14 days
after the Party became aware, or should have become aware, of the
relevant event or circumstance constituting Force Majeure.
63.2 The Party shall, having given notice, be excused from performance of
its obligations for so long as such Force Majeure prevents it from
performing them.
64. Duty to 64.1 Each Party shall at all times use all reasonable endeavours to minimize
Minimize Delay any delay in the performance of the Contract as a result of Force
Majeure.
64.2 A Party shall give notice to the other Party when it ceases to be affected
by the Force Majeure.
65. Consequences 65.1 If the Contractor is prevented from performing its substantial obligations
of Force under the Contract by Force Majeure of which notice has been given
Majeure under GCC Subclause 63 [Notice of Force Majeure], and suffers delay
and/or incurs Cost by reason of such Force Majeure, the Contractor
shall be entitled subject to GCC Subclause 30.1 [Procedure for
Disputes] to
(a) an extension of time for any such delay, if completion is or will be
delayed, under GCC Subclause 36 [Extension of the Intended
Completion Date]; and
(b) if the event or circumstance is of the kind described in sub-
paragraphs (a) to (d) of GCC Subclause 62.2 [Definition of Force
Majeure] and, in the case of subparagraphs (b) to (d), occurs in
the Country, payment of any such Cost, including the costs of
rectifying or replacing the Works and/or Goods damaged or
destructed by Force Majeure, to the extent they are not
indemnified through the insurance policy referred to in GCC
Subclause 19 [Insurance].
65.2 After receiving this notice, the Project Manager shall proceed in
accordance with GCC Subclause 10 [Project Manager’s Decisions] to
agree or determine these matters.
66. Force Majeure 66.1 If any Subcontractor is entitled under any contract or agreement relating
Affecting to the Works to relief from force majeure on terms additional to or
Subcontractor broader than those specified in this Clause, such additional or broader
Force Majeure events or circumstances shall not excuse the
Contractor’s nonperformance or entitle him to relief under this Clause.
67. Optional 67.1 If the execution of substantially all the Works in progress is prevented
Termination, for a continuous period of 84 days by reason of Force Majeure of
Payment and which notice has been given under GCC Subclause 63 [Notice of
Release Force Majeure], or for multiple periods which total more than 140 days
due to the same notified Force Majeure, then either Party may give to
the other Party a notice of termination of the Contract. In this event, the
termination shall take effect 7 days after the notice is given, and the
Contractor shall proceed in accordance with GCC Subclause 73.5
[Termination].
67.2 Upon such termination, the Project Manager shall determine the value
of the work done and issue a Payment Certificate, which shall include
(a) the amounts payable for any work carried out for which a price is
stated in the Contract;
(b) the Cost of Plant and Materials ordered for the Works which
have been delivered to the Contractor, or of which the
Contractor is liable to accept delivery: this Plant and Materials
shall become the property of (and be at the risk of) the Employer
when paid for by the Employer, and the Contractor shall place
the same at the Employer’s disposal;
(c) other Costs or liabilities which in the circumstances were
reasonably and necessarily incurred by the Contractor in the
expectation of completing the Works;
(d) the Cost of removal of Temporary Works and Contractor’s
Equipment from the Site and the return of these items to the
Contractor’s works in his country (or to any other destination at
no greater cost); and
(e) the Cost of repatriation of the Contractor’s staff and labor
employed wholly in connection with the Works at the date of
termination.
68. Release from 68.1 Notwithstanding any other provision of this Clause, if any event or
Performance circumstance outside the control of the Parties (including, but not
limited to, Force Majeure) arises, which makes it impossible or
unlawful for either or both Parties to fulfill its or their contractual
obligations or which, under the law governing the Contract, entitles the
Parties to be released from further performance of the Contract, then
upon notice by either Party to the other Party of such event or
circumstance,
(a) the Parties shall be discharged from further performance, without
prejudice to the rights of either Party in respect of any previous
breach of the Contract; and
(b) the sum payable by the Employer to the Contractor shall be the
same as would have been payable under GCC Subclause 67
[Optional Termination, Payment and Release] if the Contract had
been terminated under GCC Subclause 67.
69. Completion 69.1 The Contractor shall request the Project Manager to issue a certificate
of Completion of the Works, and the Project Manager shall do so upon
deciding that the work is completed.
70. Taking Over 70.1 The Employer shall take over the Site and the Works within 7 days of
the Project Manager’s issuing a certificate of Completion.
71. Final Account 71.1 The Contractor shall supply the Project Manager with a detailed
account of the total amount that the Contractor considers payable
under the Contract before the end of the Defects Liability Period. The
Project Manager shall issue a Defects Liability Certificate and certify
any final payment that is due to the Contractor within 56 days of
receiving the Contractor’s account if it is correct and complete. If it is
not, the Project Manager shall issue within 56 days a schedule that
states the scope of the corrections or additions that are necessary. If
the Final Account is still unsatisfactory after it has been resubmitted,
the Project Manager shall decide on the amount payable to the
Contractor and issue a payment certificate.
72. Operating and 72.1 If “as built” Drawings and/or operating and maintenance manuals are
Maintenance required, the Contractor shall supply them by the dates stated in the
Manuals PCC.
72.2 If the Contractor does not supply the Drawings and/or manuals by the
dates stated in the PCC pursuant to GCC 72.1, or they do not receive
the Project Manager’s approval, the Project Manager shall withhold the
amount stated in the PCC from payments due to the Contractor.
73. Termination 73.1 The Employer or the Contractor may terminate the Contract if the other
party causes a fundamental breach of the Contract.
73.3 When either party to the Contract gives notice of a breach of Contract
to the Project Manager for a cause other than those listed under GCC
73.2 above, the Project Manager shall decide whether the breach is
fundamental or not.
73.4 Notwithstanding the above, the Employer may terminate the Contract
for convenience.
73.5 If the Contract is terminated, the Contractor shall stop work
immediately, make the Site safe and secure, and leave the Site as
soon as reasonably possible.
74. Fraud and 74.1 If the Employer determines, based on reasonable evidence, that the
Corruption Contractor has engaged in corrupt, fraudulent, collusive or coercive
practices, or other integrity violations, including the failure to disclose
any required information which constitutes a fraudulent practice, in
competing for or in executing the Contract, then the Employer may,
after giving 14 days notice to the Contractor, terminate the Contract
and expel him from the Site, and the provisions of Clause 73
{Termination] shall apply as if such termination had been made under
(b) will reject a proposal for award if it determines that the Bidder
recommended for award or any of its officers, directors,
employees, personnel, subconsultants, subcontractors, service
providers, suppliers or manufacturers has, directly or through an
agent, engaged in corrupt, fraudulent, collusive, coercive, or
(b) providing ADB with any items requested that are within the
party’s control including, but not limited to, documents and other
physical objects;
2
Whether as a Contractor, Subcontractor, Consultant, Manufacturer or Supplier, or Service Provider; or in any other
capacity (different names are used depending on the particular Bidding Document).
74.4 All Bidders, consultants, contractors and suppliers shall require their
officers, directors, employees, personnel, agents to ensure that, in its
contracts with its subconsultants, Subcontractors and other third
parties engaged or involved in ADB-related activities, such
subconsultants, Subcontractors and other third parties similarly are
obliged to cooperate fully in any investigation when requested by ADB
to do so.
74.5 The Contractor undertakes that no fees, gratuities, rebates, gifts,
commissions or other payments, other than those shown in the bid,
have been given or received in connection with the procurement
process or in the contract execution.3
75. Payment upon 75.1 If the Contract is terminated because of a fundamental breach of
Termination Contract by the Contractor, the Project Manager shall issue a
certificate for the value of the work done and Materials ordered less
advance payments received up to the date of the issue of the
certificate and less the percentage to apply to the value of the work not
completed, as indicated in the PCC. Additional Liquidated Damages
shall not apply. If the total amount due to the Employer exceeds any
payment due to the Contractor, the difference shall be a debt payable
to the Employer.
76. Property 76.1 All Materials on the Site, Plant, Equipment, Temporary Works, and
Works shall be deemed to be the property of the Employer if the
Contract is terminated because of the Contractor’s default.
3
The undertaking also applies during the period of performance of the contract
77. Release from 77.1 If the Contract is frustrated by the outbreak of war or by any other
Performance event entirely outside the control of either the Employer or the
Contractor, the Project Manager shall certify that the Contract has
been frustrated. The Contractor shall make the Site safe and stop work
as quickly as possible after receiving this certificate and shall be paid
for all work carried out before receiving it and for any work carried out
afterward to which a commitment was made.
78. Suspension of 78.1 In the event that ADB suspends the Loan or Credit to the Employer,
ADB Loan or from which part of the payments to the Contractor are being made,
Credit
(a) the Employer is obligated to notify the Contractor, with copy to
the Project Manager, of such suspension within 7 days of having
received ADB’s suspension notice.
(b) if the Contractor has not received sums due it within the 28 days
for payment provided for in GCC 50.1 [Payments], the Contractor
may immediately issue a 14-day termination notice.
79. Eligibility 79.1 The Contractor shall have the nationality of an eligible country as
specified in Section 5 (Eligible Countries) of the bidding document.
The Contractor shall be deemed to have the nationality of a country if
the Contractor is a citizen or is constituted, incorporated, or registered,
and operates in conformity with the provisions of the laws of that
country. This criterion shall also apply to the determination of the
nationality of proposed subcontractors or suppliers for any part of the
Contract including related services.
79.3 For purposes of GCC 79.2, “origin” means the place where the
materials and equipment are mined, grown, produced, or
manufactured, and from which the services are provided. Materials
and equipment are produced when, through manufacturing,
processing, or substantial or major assembling of components, a
commercially recognized product results that differs substantially in its
basic characteristics or in purpose or utility from its components.
The following Particular Conditions of Contract shall supplement the GCC. Whenever there is a conflict,
the provisions herein shall prevail over those in the GCC.
A. General
GCC 1.1 (r) The Employer is Executing Agency, the Local Self Government Department of the
State of Rajasthan. The authorized representative of the Employer is Project
Director, Rajasthan Urban Infrastructure Development Project (RUDSICO-EAP) or
its successor agency.
The Intended Completion Date for the whole of the Works shall be 548 days from
GCC 1.1 (w)
start date.
GCC 1.1 (cc) The Project Manager is Employers’ representative i.e.EE, PIU, Sagwara as
authorized by RUIDP (RUDSICO-EAP).
GCC 1.1 (ff) The Site is located at in town area of Sagwara city.
GCC 1.1 (ii) The Start Date shall be within 42 days from the date of issuance of the Letter of
Acceptance.
GCC 2.3 (j) The following documents also form part of the Contract:
1. Standard specification of RUIDP
2. RUIDP SOR-2022
3. RUIDP QA-QC manual
4. Initial Environmental Examination
5. Resettlement Plan
GCC 11.1 The Employer’s representative may delegate any of his duties and responsibilities
after approval of Employer.
PCC 15.4 Add clause 15.4 in the last of paragraph: Sagwara ULB Personnel will assist and
provide full support to the Contractor in making assessment of existing infrastructure
during preparation of Service Improvement Plan and during execution of Works.
GCC 19.1 The minimum insurance amounts and deductibles shall be:
(a) for loss or damage to the Works, Plant and Materials: INR 20 Million
(b) for loss or damage to Equipment: INR 20 Million
(c) for loss or damage to property (except the Works, Plant, Materials,
and Equipment) in connection with Contract - Shall be a minimum of
INR 20, 00,000 (INR Twenty Lacs).
(d) for personal injury or death:
(i) Of the Contractor’s employees: Contractor shall procure and
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8-2 Section 8: Particular Conditions of Contract
GCC 20.1 Site Investigation Reports are: Contractor can collect from RUDSICO-EAP office.
“The Contractor shall at all times take all reasonable precautions to maintain the
health and safety of the Contractor’s Personal and to provide a safe work
environment.
The Contractor shall conduct health and safety programs for workers employed
under the project, and shall include information on the trafficking of women and the
risk of sexually transmitted diseases, including HIV/AIDs in such programs.
“In particular, the Contractor is responsible for providing site workers with safe and
healthy working conditions and establish an operating system to prevent accidents,
injuries, and disease.”
“The Contractor is responsible for establishment of preventive and emergency
GCC 24.3
preparedness and response measures to avoid, and where avoidance is not
possible, to minimize, adverse impacts and risks of the construction site work to the
health and safety of local communities.
Within 28 days of the Commencement Date the Contractor shall submit a detailed
Site Specific Health and Safety Management Plan (SSHSMP) as a part of site
specific environmental management plan (SEMP) for the Employer’s
Representative no objection showing how he/she intends to comply with the local
Health and Safety laws and regulations and other specific requirements prescribed
in the Contract, taking into account the Supplementary Information in Section 6-
Employer’s Requirements. Work shall not commence on the Site until the
confirmation of no objection of the SSHSMP has been obtained from the Employer’s
Representative and is being implemented. Such confirmation of no objection by the
Employer’s Representative shall not relive the Contractor of any of his/her
obligations or responsibilities under the Contract.
Where unanticipated health and safety hazards or risks become apparent during the
Contract, the Contractor is required to update the SSHSMP to outline the potential
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Section 8: Particular Conditions of Contract 8-3
impacts to site works and associated mitigation measures for the Employer’s
Representative no objection.
The Contractor shall comply with the approved SSHSMP and any corrective or
preventative actions set out in safeguards monitoring reports that the Employer will
prepare from time to time to monitor the implementation of the project EMP through
the SSHSMP.
The Contractor shall bear the costs to ensure that such measures, requirements
and actions are carried out.
The Contractor shall allocate a budget for compliance with these measures,
requirements and actions.”
GCC 29.1 Appointing Authority for the Adjudicator: The President, Institution of Engineers, India
GCC 30.3 The rate shall be jointly agreed and decided at the time of appointment of
Adjudicator.
GCC 30.4 “Institution whose arbitration procedures shall be used: [select from below]
The place of arbitration shall be: the place of the institution administering the
arbitration.
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8-4 Section 8: Particular Conditions of Contract
The Contractor shall conduct training programs for its employees and sub-
contractors to raise awareness on and prevent any form of bullying, discrimination,
misconduct and harassment including sexual harassment, and to promote a
respectful work environment. The Contractor shall keep an up to date record of its
employees and Subcontractors who have attended and completed such training
programs and provide such records to the Employer or the Employer’s
representative at their first written request.
C. Time Control
GCC 35.1 The Contractor shall submit for approval a Program for the Works within 30 days
from the date of the Start Date.
E. Cost Control
Add following:
GCC 46.1(a)
The adjustment of rate shall be as follows:
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Section 8: Particular Conditions of Contract 8-5
GCC 54.1 The coefficients and indexes for adjustment of prices in local and foreign currencies
shall be as specified in the Table(s) of Adjustment Data available in section IV.
RSTDSP/SGR/CTYBF/01
8-6 Section 8: Particular Conditions of Contract
GCC 72.1 As built drawings will be submitted by Contractor to Employer 14 days before
issuance of completion certificate.
GCC 72.2 The amount to be withheld for failing to produce “as built” drawings by the date
required in GCC 72.1 is INR 10,00,000/-.
GCC 75.1 The percentage to apply to the value of the work not completed, representing the
Employer’s additional cost for completing the Works, is 20%
Please add the following as new sub-paragraph 80:
PCC 80
“The Contractor shall comply with all applicable national, provincial, and local
environmental laws and regulations.
The Contractor shall also comply with all reasonable requests of the national and
local authorities responsible for enforcing environmental controls.
Within 28 days of the Commencement Date the Contractor shall submit a detailed
Site Specific Environmental Management Plan (SEMP) for the Employer’s
Representative no objection showing how he/she intends to comply with
environmental laws and regulations and other specific requirements prescribed in
the Contract, addressing all the monitoring and mitigation measures set forth in the
IEE and the Environmental Management Plan (“EMP”) of the project attached in
Section 6- Employer’s Requirements. Work shall not commence on the Site until
the no objection of SEMP has been obtained from the Employer’s Representative
and is being implemented. Such acceptance by the Employer’s Representative
shall not relive the Contractor of any of his obligations or responsibilities under the
Contract.
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Section 8: Particular Conditions of Contract 8-7
The Contractor shall not make employment decisions based upon personal
characteristics unrelated to job requirements. The Contractor shall base the
employment relationship upon equal opportunity and fair treatment, and shall not
discriminate with respect to aspects of the employment relationship, including
recruitment and hiring, compensation (including wages and benefits), working
conditions and terms of employment or retirement, and discipline.
The Contractor shall (a) provide equal wages and benefits to men and woman for
work of equal value or type; (b) comply with applicable labor laws and regulations
of the Borrowers, including stipulations related to core labor standards for
employment, under related health, safety, welfare and the workers’ rights, and anti-
trafficking laws. “
RSTDSP/SGR/CTYBF/01
Section 9: Contract Forms 9-1
Table of Forms
[date of notification]
This is to notify you of our intention to award the contract [ insert name of the contract and identification
number, as given in the Bid Data Sheet ]. You have [insert number of days as specified in ITB 41.1 of the BDS ] days
from the date of this notification to (i) request for a debriefing in relation to the evaluation of your Bid;
and/or (ii) submit a bidding-related complaint in relation to the intention for award of contract, in
accordance with the procedures specified in ITB 46.1.
1. List of Bidders
Bid Price as Read Out
Name of Bidder Evaluated Bid Price
at Opening
…………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………
Letter of Acceptance
[on letterhead paper of the Employer]
[date]
This is to notify you that your Bid dated [date] for execution of the [name of the contract and identification
number, as given in the Bid Data Sheet] for the Accepted Contract Amount of the equivalent of [amount in words
and figures and name of currency], as corrected and modified in accordance with the Instructions to Bidders
is hereby accepted by our Agency.
You are requested to furnish the Performance Security within 28 days in accordance with the
Conditions of Contract and any additional security required as a result of the evaluation of your bid,
using for that purpose the Performance Security Form included in Section 9 (Contract Forms) of the
Bidding Document.
The start date for contract in accordance with GCC 1.1 (ii) is XX/XX/XXXX.
We accept that [insert the name of adjudicator proposed by the Bidder] be appointed as the Adjudicator.
[or]
We do not accept that [insert the name of the adjudicator proposed by the Bidder] be appointed as the
Adjudicator, and by sending a copy of this Letter of Acceptance to [insert name of the appointing authority],
the Appointing Authority, we are hereby requesting such Authority to appoint the Adjudicator in
accordance with GCC 29.1.
Contract Agreement
THIS AGREEMENT made the [date] day of [month], [year], between [name of the Employer] (hereinafter “the
Employer”), of the one part, and [name of the contractor] (hereinafter “the Contractor”), of the other part:
WHEREAS the Employer desires that the Works known as [name of the contract] should be executed by
the Contractor, and has accepted a Bid by the Contractor for the execution and completion of these
Works and the remedying of any defects therein,
1. In this Agreement, words and expressions shall have the same meanings as are respectively
assigned to them in the Contract documents referred to.
2. The following documents shall be deemed to form and be read and construed as part of this
Agreement. This Agreement shall prevail over all other Contract documents.
4. The Employer hereby covenants to pay the Contractor in consideration of the execution and
completion of the Works and the remedying of defects therein, the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the manner
prescribed by the Contract.
1
Information contained in the addenda and or addendum should preferably be included in the contract documents to avoid potential
ambiguities during contract implementation. If however, unavoidable priority should be decided depending on the nature of
information provided in the addenda/addendum.
2
Tables of Adjustment Data may be added if the contract provides for price adjustment (see GCC 54.1).
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with the laws of [name of the borrowing country] on the day, month and year indicated
above.
Witness, Name, Signature, Address, Date Witness, Name, Signature, Address, Date
Performance Security
We have been informed that [name of the contractor] (hereinafter called “the Contractor”) has entered into
Contract No. [reference number of the contract] dated [date] with you, for the execution of [name of contract
and brief description of works] (hereinafter called “the Contract”).
Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee
is required.
At the request of the Contractor, we [name of the bank] hereby irrevocably undertake to pay you any sum
or sums not exceeding in total an amount of [name of the currency and amount in words]1 [amount in figures]
such sum being payable in the types and proportions of currencies in which the Contract Price is
payable, upon receipt by us of your first demand in writing accompanied by a written statement stating
that the Contractor is in breach of its obligation(s) under the Contract, without your needing to prove or
to show grounds for your demand or the sum specified therein.
This guarantee shall expire, no later than the [date] day of [month], [year]2, and any demand for payment
under it must be received by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revisions, ICC
Publication No. 758, except that the supporting statement under Article 15(a) is hereby excluded. 3
......................................
[Signature(s) and seal of bank (where appropriate)]
-- Note to Bidder --
If the bank issuing performance security is located outside the Employer’s country, it shall be counter-guaranteed or
encashable by a bank in the Employer’s country.
1
The guarantor shall insert an amount representing the percentage of the contract price specified in the contract and denominated
either in the currency(ies) of the contract or in any freely convertible currency acceptable to the Employer. If the bank issuing the
performance security is located outside the country of the employer, it shall have a correspondent financial institution located in the
country of the Employer.
2
Insert the date 28 days after the defect liability period. The Employer should note that in the event of an extension of the time for
completion of the contract, the employer would need to request an extension of this guarantee from the guarantor. Such request
must be in writing and must be made prior to the expiration date established in the guarantee. In preparing this guarantee, the
employer might consider adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a
one-time extension of this guarantee for a period not to exceed [6 months][1 year], in response to the Employer’s written request
for such extension, such request to be presented to the Guarantor before the expiry of the guarantee.”
3
Or the employer may use “Uniform Rules for Demand Guarantees (URDG), ICC Publication No. 458, except that subparagraph (ii)
of Sub-article 20(a) is hereby excluded” as appropriate.
We have been informed that [name of the contractor] (hereinafter called “the Contractor”) has entered into
Contract No. [reference number of the contract] dated [date] with you, for the execution of [name of contract
and brief description of works] (hereinafter called “the Contract”).
Furthermore, we understand that, according to the Conditions of the Contract, an advance payment in
the sum [name of the currency and amount in words]1 [amount in figures] is to be made against an advance
payment guarantee.
At the request of the Contractor, we [name of the bank] hereby irrevocably undertake to pay you any sum
or sums not exceeding in total an amount of [name of the currency and amount in words]2 [amount in figures]
upon receipt by us of your first demand in writing accompanied by a written statement stating that the
Contractor is in breach of its obligation under the Contract because the Contractor:
(a) used the advance payment for purposes other than the costs of mobilization and cash flow
support in respect of the Works; or
(b) has failed to repay the advance payment when it has become due and payable in accordance
with the conditions of the Contract, specifying the amount payable by the Contractor.
It is a condition for any claim and payment under this guarantee to be made that the advance payment
referred to above must have been received by the Contractor on its account number [contractor’s account
number] at [name and address of the bank].
The maximum amount of this guarantee shall be progressively reduced by the amount of the advance
payment repaid by the Contractor as indicated in copies of interim statements or payment certificates
which shall be presented to us. This guarantee shall expire, at the latest, upon our receipt of a copy of
the interim payment certificate indicating that eighty percent (80%) of the Contract Price has been
certified for payment, or on the [date] day of [month], [year]3, whichever is earlier. Consequently, any
demand for payment under this guarantee must be received by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revisions, ICC
Publication No. 758, except that the supporting statement under Article 15(a) is hereby excluded. 4
......................................
[Signature(s) and seal of bank (where appropriate)]
-- Note to Bidder --
1
The guarantor shall insert an amount representing the amount of the advance payment denominated either in the currency(ies) of
the advance payment as specified in the Contract, or in any freely convertible currency acceptable to the Employer.
2
Footnote 1.
3
Insert the expected expiration date of the time for completion. The Employer should note that in the event of an extension of the
time for completion of the contract, the Employer would need to request an extension of this guarantee from the guarantor. Such
request must be in writing and must be made prior to the expiration date established in the guarantee. In preparing this guarantee,
the Employer might consider adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees
to a one-time extension of this guarantee for a period not to exceed [6 months] [1 year], in response to the Employer’s written
request for such extension, such request to be presented to the Guarantor before the expiry of the guarantee.”
4
Or the employer may use “Uniform Rules for Demand Guarantees (URDG), ICC Publication No. 458, except that subparagraph (ii)
of Sub-article 20(a) is hereby excluded” as appropriate.
If the bank issuing advance payment security is located outside the Employer’s country, it shall be counter-guaranteed
or encashable by a bank in the Employer’s country.
We hereby certify that the above plant, material and equipment are required for use of the
under Rajasthan Secondary Town Development Sector Project (RSTDSP) being
implemented under the Local Self Government Department of the Government of
Rajasthan. We further certify that the Rajasthan Secondary Town Development Sector
Project (RSTDSP) is being financed by the Asian Development Bank (ADB) through loan
No. ADB Loan: …………..-IND, duly approved by the Government of India. We also certify
that the condition of giving an essentiality certificate for claiming custom duty exemption
exists in the Contract Agreement with this organization.
This Certificate is being issued in pursuance to the requirement under Government of India
(Ministry of Finance, Department of Revenue) Notification No. 84/97 dated 1.11.1997 as
amended up to date. Custom Duty exemption may be allowed against the above referred
plant, materials and equipment.
________________________ ________________________
We have been informed that . . . . . name of the contractor. . . . . (hereinafter called "the Contractor") has
entered into Contract No. . . . . . reference number of the contract. . . . . dated . . . . . . . .with you, for the
execution of . . . . . . name of contract and brief description of works. . . . . (hereinafter called "the
Contract").
Furthermore, we understand that, according to the conditions of the Contract, a Maintenance
Retention Fund may be submitted against to non deduction of retention money from running bill
payments.
At the request of the Contractor, we . . . . . name of the bank. . . . . hereby irrevocably undertake to pay
you any sum or sums not exceeding in total an amount of . . . . . name of the currency and amount in words1
. . . . . (. . . . . amount in figures. . . . . ) such sum being payable in the types and proportions of
currencies in which the Contract Price is payable, upon receipt by us of your first demand in writing
accompanied by a written statement stating that the Contractor is in breach of its obligation(s) under
the Contract, without your needing to prove or to show grounds for your demand or the sum specified
therein.
2
This guarantee shall expire, no later than the . . . . . Day of . . . . . . . . . . , . . . . . . , and any demand
for payment under it must be received by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458 (or
ICC Publication No. 758 as applicable), except that subparagraph (ii) of Sub-article 20(a) is hereby
excluded.3
.....................................
Signature(s) and seal of bank (where appropriate)
1
The guarantor shall insert an amount representing the percentage of the contract price specified in the contract and denominated either in the
currency(ies) of the contract or a freely convertible currency acceptable to the employer.
2
Insert the date 28 days after the expected contract completion date. The employer should note that in the event of an extension of the time for
completion of the contract, the employer would need to request an extension of this guarantee from the guarantor. Such request must be in
writing and must be made prior to the expiration date established in the guarantee. In preparing this guarantee, the employer might consider
adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee
for a period not to exceed [6 months][1 year], in response to the Employer’s written request for such extension, such request to be presented to
the Guarantor before the expiry of the guarantee.”
3
Or the same or similar to this clause specified in the Uniform Rules for Demand Guarantees, ICC Publication No. 758 where applicable.